Landmark laws have come into effect to close off a loophole in South Australia's criminal laws regarding the defence of excessive self-defence.
The issue came to light after the tragic death of Millicent woman Synamin Bell, who was killed by her partner. The killer pleaded guilty to manslaughter on the basis that he had killed her in excessive self-defence while experiencing paranoid psychosis brought on by the consumption of psychoactive drugs.
Under the reforms, offenders can no longer rely on the defence of excessive self-defence in instances where their belief that their actions were necessary and reasonable to defend themselves was substantially affected by the voluntary consumption of illicit substances.
The changes have commenced as of today.
As put by Kyam Maher
This tragic case highlighted a loophole in our laws – one we sought to remedy as quickly as possible.
I'd like to acknowledge Synamin Bell's loved ones, who have advocated tirelessly for these reforms. Their bravery in the face of tragedy and the loss of a loved one has led to lasting change.
While cases like this are extremely rare, it is important to send a clear message to the community that our laws are robust and that perpetrators whose actions are a direct consequence of their own decision to consume illicit substances will be held to account.
