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If was clear watching LNP Senator Barnaby Joyce on Q&A last night that he had no understanding of the question regarding the "Gay Panic Defense" in Queensland law.
For the benefit of anyone here that doesn't know what it is ... here is a definition from Wikipedia ...
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The gay panic defense is a legal defense against charges of assault or murder. A defendant using the gay panic defense claims that he or she acted in a state of violent temporary insanity because of a little-known psychiatric condition called homosexual panic.
Trans panic is a similar defense applied towards cases where the victim is a transgender or intersex person. This defense often fails, and has been ruled inadmissable in many jurisdictions because of a complete lack of scientific research to support it.
In the gay panic defense, the defendant claims that they have been the object of homosexual romantic or sexual advances. The defendant finds the advances so offensive and frightening that it brings on a psychotic state characterized by unusual violence.
Guidance given to counsel by the Crown Prosecution Service of England and Wales states: "The fact that the victim made a sexual advance on the defendant does not, of itself, automatically provide the defendant with a defence of self-defence for the actions that they then take." In the UK it has been known for decades as the "Portsmouth defence" or the "guardsman's defence" (the latter term was used in an episode of Rumpole of the Bailey made in 1980). In Australia, it is known as the homosexual advance defence (HAD).
For the benefit of anyone here that doesn't know what it is ... here is a definition from Wikipedia ...
... ... ... ...
The gay panic defense is a legal defense against charges of assault or murder. A defendant using the gay panic defense claims that he or she acted in a state of violent temporary insanity because of a little-known psychiatric condition called homosexual panic.
Trans panic is a similar defense applied towards cases where the victim is a transgender or intersex person. This defense often fails, and has been ruled inadmissable in many jurisdictions because of a complete lack of scientific research to support it.
In the gay panic defense, the defendant claims that they have been the object of homosexual romantic or sexual advances. The defendant finds the advances so offensive and frightening that it brings on a psychotic state characterized by unusual violence.
Guidance given to counsel by the Crown Prosecution Service of England and Wales states: "The fact that the victim made a sexual advance on the defendant does not, of itself, automatically provide the defendant with a defence of self-defence for the actions that they then take." In the UK it has been known for decades as the "Portsmouth defence" or the "guardsman's defence" (the latter term was used in an episode of Rumpole of the Bailey made in 1980). In Australia, it is known as the homosexual advance defence (HAD).
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Think that translates to the "I hate gay people and think they deserve a beating" defence.
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....and i hope i'm lucky enough to strike a like minded juror.
Yet another reason why juries should be scrapped. Let judges that deal with evidence and witnesses every day make decisions on guilt! |
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In a way Whoopi ... it's very common in the murder of trans women by guys that claim that they didn't know the woman's background and suddenly when faced with the fact that they enjoyed the sex, they think it means that they're gay and can't handle that because of the stigma that society has invented around that subject.
It's irritating to see politicians unable to ask what something is if they genuinely don't know, many people in society find themselves in that position about different things and if they only realised that they're not going to be laughed at if they admit to not knowing something they would learn something instead of continuing to give waffling responses like Senator Joyce did last night. I know this is a racing and punting forum, but I do believe that many here wouldn't have known that and it is something that is important to know. In my opinion, but not everyone's obviously, AS IMPORTANT yet irrelevant to this forum as threads started to remember ANZAC Day, or the passing of a well-known person. |
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oh what bull sh!t
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http://en.wikipedia.org/wiki/Murder_of_Gwen_Araujo
http://en.wikipedia.org/wiki/Angie_Zapata Link to two of many cases where trans panic has been used. Many more of these murders will also include the trans panic defense: http://en.wikipedia.org/wiki/List_of_unlawfully_killed_transgender_people |
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... and voices in my head told me to do it
and i was drunk and i was on drugs and i fear dark people list goes on and on you are just trying to stir up more sh!t |
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With regard to this allegation "you are just trying to stir up more sh!t"
I've responded to LIH by pvt msg. |
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and in response to the rest of LIH's post ... yes I agree. It's unbelievable isn't it, that in so many parts of the world, the gay panic and trans panic defense, as feeble and offensive as the other examples you've mentioned, is still a successful employed legal defense used to the murder of a gay or trans person.
And this is the case in Queensland too, and was the subject of last night's question. No politician in their right mind, including Barnaby Joyce would dare respond by supporting such a defense to murder someone, and if he knew what the gay panic defense was he'd have denounced it, but he didn't because he didn't know what it was, and an opportunity to inform him was lost, and a bigger opportunity to inform the viewing audience was lost also. If only he had've admitted to not knowing and asked what it was. |
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what recent qld case are you speaking off?
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I'm not speaking of any recent Queensland case ...
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Why is it important for us to know what the 'Gay Panic Defence' in Queensland law is?
I've gone four decades without knowing what it is and now that I've learned about it I remain unconvinced that it is something that is important to know. |
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Senator Barnaby Joyce is the shadow Minister fo regional development, local government & water. WHy does he need to be a legal expert on gay legal defense.
I dont anything about this & i would expect him to have much knowledge about it. This thread just seems to be attention seeking & to have a go at an honest hard working Senator. |
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Qld law is a bit oxy..... last time i was in qld i was enjoying a pie and sauce and a chocolate milkshake on some towns park bench. The cops noticed and came over for a chat..... and then drove me to the outskirts of town with directions to keep going. Must have been the long hair and sabbath T Shirt !!
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that's funny Very LTU...same thing happened to me 30 years ago
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I don't expect politicians to know everything either.
So when they are asked a question, what's wrong with them asking if they don't know something? Nothing? Then why don't they? These politicians don't have to know everything they do vote on our behalf about new legislation. If they are going to vote about new legislation, don't you think they should know what it's about or use their ignorance on a topic to vote for or against? This thread is as attention seeking as Let's Elope, MrBen and Megsy announcing to the forum that they are proud of returned service people on ANZAC Day, as attention seeking as Kamakaze telling us he thinks the smell of farts are important in telling one's health condition, and Live In Hope's exploits with his fly screen door. If you guys allow that stuff on the forum without complaint, then allow this stuff and stop being so fkn bigoted! |
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... and the further north you went... the worse it got. Joh had that place sorted .. no mexicans allowed. |
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You said it was important for forumites to know what the Gay Panic Defence law is. I'm not convinced it's important for forumites to know what it is. I've never said anything that I've posted was important.
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lot of homophobia and transphobia here ...
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So because I'm unconvinced about how important it is for me to know what the Gay Panic defence law is that makes me homophobic and transphobic?
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and Maltesephobia
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I'll gladly put my hand up to Maltaphobia!
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I didn't say that
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just to keep this intellectual debate going can i add some poignant thoughts about homosecthualtiy ??
i personally think transvestites are better roo.ts than ****s    |
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i think i'll leave now. tks for listening.
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VLTU..Jo did say "you blokes down there in the southern states haven't got a clue about how to run Horse Racing"..lol.. He said "You have a Horse Race and don't even know whose gonna win" lol.... No wonder Russ was a jolly boy .lol.
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Kye. I am extremely offended by your post. Well, the last 4 words you used. A disgusting untruth & you should be ashamed of yourself.
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Sorry if it offends you PC but most politians work long hours & the majority are honest.
Even if you don't agree with their views they shouldnt get bagged for not having a sound knowledge of some obsecure legal principle about a topic that has nothing to do with their role in their party. |
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well said kye
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I am NOT being critical of this politician for not knowing something.
It is unreasonable to think that anyone should know everything. With that in mind, it is clear that he did not know about this. Therefore instead of waffling a response, he should have asked what it was about and then responded. |
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who was the smart ar se that asked him what is essentially a loaded question given Joyces political persuasion and well known moral stances on such subjects
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why would anyone go on a gambling website and find this utter cr@p.
FFS. find a hobby |