'Nag & Shag defence' under threat as parliament review murder laws

Men who conducted crimes of passion for reasons of infidelity or the partner nagging at them, have relied on the provocation plea to be able to trade in the mandatory life sentence of murder for the lesser punishment of manslaughter. So much so, that lawyers have nicknamed this defence as the ‘nag and shag defence’. It has been much more difficult for woman to rely on the same defence after killing an abusive partner due to the manner in which women commit such crimes. Women who felt that their lives were in threat by the excessive abuse of a partner, tend to experience a slow burn effect. In most cases it would be useless and certainly more dangerous to attack whilst that partner is in the heat of anger. So the tendency is for them to attack when their partner is sleeping or intoxicated, in order to overcome the size and strength disadvantage, however this has made them fall short of the current provisions for provocation.

The consultation paper spins a complete 360, making it more difficult for men who murder their partner to rely on the defence of provocation, whilst making the defence more available to women. Ladies do not get tempted yet, provocation will generally become a particularly difficult defence to rely on.

The paper also tackles gang violence. Those who encourage or help in attacks leading to murder will be found guilty of manslaughter if it was obvious that the murder might be committed and of murder if they actually realised that the murder would be committed.

Other situations which manslaughter may be extended to are parents who kill for catching a paedophile abusing their child and interestingly, those engaged in long dispute with their neighbour, which get out of hand. So just how much is that garden fence ticking you off?