Sentencing the killers of gay men since the abolition of provocation in New Zealand: Have the courts reflected community concerns?

Abstract

This paper discusses sentencing in New Zealand homicide cases in which the offence was prompted by a homosexual advance in light of the abolition of the partial defence of provocation. The author argues that, despite the concerns around sentencing in homosexual advance cases that partly led to the abolition of the partial defence, there has been no real change in the way these cases are being sentenced. This paper suggests that prejudice against homosexuals may be a significant contributing factor toward the low sentences that have continued to be given to offenders in unwanted homosexual advance cases.