​This Paper examines the operation of the law of self defence and provocation in two discrete homicide contexts. First, the Paper looks at the defences as they apply to homicides perpetrated against a background of domestic violence (pages 9-18). The Paper then considers the use of the so-called "homosexual advance defence" to support a plea of self defence or provocation (pages 23-26). The Paper examines both the structure of the substantive law, as well as the practical application and interpretation of the law to determine whether there is any injustice in the manner in which the defences operate in these two areas.

By way of background, the Paper provides an overview of homicide in NSW (pages 4-5) and of the significance of the defences in homicide cases (pages 5-7). The principal characteristics of domestic killings are specifically highlighted (pages 7-8). One of the critical findings of the studies is that most killings by women result from longstanding domestic violence against them by the victim, whereas men who kill their partners are often the perpetrators of previous violence against them.

Domestic homicides have been selected for consideration for a couple of reasons. Studies show that domestic homicides comprise a significant category of killing (page 7). This is also the context in which most women kill, and provides the setting in which it is alleged the gendered nature of the defences is most evident. The arguments used to support the contention that the defences apply in a gender biased manner are outlined (pages 10-14, 16- 18).

The two most frequently suggested mechanisms for incorporating the perspective or experience of women are presented. These are the use of expert testimony to explain the dynamics of a battering relationship (pages 18-21 ), and the introduction of a separate defence specifically applicable to victims of domestic violence who kill (pages 21-23).

In recent times there has emerged a new category of case in which the defences of provocation and self defence feature. The common element in these cases is the presence of an alleged homosexual advance by the victim towards the accused. This Paper highlights the principal issues raised and findings made in the review of the "homosexual advance defence" by the Attorney General's Working Party (pages 23-26).

Finally, the Paper briefly outlines current reform proposals in relation to the defences (pages 26-28).