Landmark excessive self-defence reforms passed

Landmark reforms to South Australia’s excessive self-defence laws that were developed in the wake of the tragic killing of South East woman Synamin Bell have passed State Parliament.

Ms Bell was killed in 2022 by her partner after he consumed hallucinogenic drugs that brought on a paranoid psychosis.

Although he was initially charged with murder, under previous laws he was able to plead guilty to manslaughter through reliance on the partial defence of excessive self-defence. He was subsequently sentenced to 11 years imprisonment.

As a result, the Government developed reforms to exclude excessive self-defence in circumstances where the offender’s belief of the need to defend themselves is substantially influenced by the voluntary and non-therapeutic consumption of mind-altering substances.

The Government will be working with the legal profession to commence the new laws as quickly as possible.

Quotes

Attributable to Kyam Maher

The Synamin Bell case highlighted a loophole in our laws – one we have sought to remedy as quickly as possible.

It’s a complex area of law, and while cases like this are exceedingly rare, the Government recognised there was a need for law reform to address the community’s concerns.

Consuming substances that significantly impair one’s judgment and result in violent illegal acts should be deterred, and these changes will ensure perpetrators are held to account when their offending is a direct consequence of their own thoughtless, yet deliberate, actions.

I want to pay tribute to the family and friends of Synamin Bell who bravely campaigned for change after the tragic loss of a loved one.