Criminal Law Reform

The Hon. J.E. HANSON (14:51): My question is also to the Attorney-General. Will the minister inform the council about the current public consultation being undertaken on the proposed removal of the partial defence of excessive self-defence when a person is in a state of self-induced intoxication?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (14:51): I thank the honourable member for his question, and I note that other members of this chamber have raised questions both in this place and more broadly in relation to this issue.

The recent killing of a young woman in our state's South-East, Ms Synamin Bell, and the subsequent trial of her killer has shone a light on a shortcoming in the criminal law as it stands today. On 12 March 2022, Cody Edwards was charged with the murder of Ms Synamin Bell. However, halfway through the trial for the offence of murder Mr Edwards was able to plead guilty to the lesser charge of manslaughter on the basis that he had killed Ms Bell in self-defence due to his belief that she intended to kill him after he experienced a paranoid psychosis brought upon by his consumption of psychoactive drugs.

This was a partial self-defence available for Mr Edwards under the current law. The principle of self-defence in our law requires two questions to be answered. First, did the accused genuinely believe their actions were necessary and reasonable for a defensive purpose? This is an entirely subjective test that must take into account the facts as the accused believed them to be. Secondly, was the conduct in those circumstances reasonably proportionate to the threat that the accused believed to exist?

The killing of Ms Synamin Bell has highlighted an issue where a person who has been charged with murder can in certain circumstances rely on the partial defence of excessive self-defence based on their belief that their conduct was necessary and reasonable to defend themselves, even if that belief was formed on the basis of hallucinations or delusions caused by self-induced intoxication.

I think the outcome of this particular matter is at odds with the existing provisions in the criminal law dealing more generally with self-induced intoxication, and it is certainly out of step with community expectations. I have announced draft legislation to address this issue and at the moment it is out for consultation seeking feedback. Under proposed legislative reform, section 15 of the Criminal Law Consolidation Act would be amended to remove the availability of this excessive self-defence where a person's genuine belief that their conduct was necessary and reasonable has arisen from self-induced intoxication.

This is a complex area of the law. It applies differently in different states around the country and any changes need to be carefully considered. I am particularly mindful that this defence has been raised in different areas in cases of victim survivors of domestic and family violence with excessive self-defence, and we are very keen to ensure that survivors of domestic and family violence are not adversely impacted by any proposed reforms. Consultation on the draft legislation closes on 7 October, with South Australians able to comment via the YourSAy website.

I want to conclude by saying that our thoughts are with the family and friends of Ms Synamin Bell. Our laws did not live up to their or the broader community's expectations and the court applied the laws as they stand at the moment. We recognise that there is a need for change and are taking action to address this issue.