Green and Lindsay: two steps forward - five steps back: homosexual advance defence - quo vadis?

Article

Braun, Kerstin and Gray, Anthony. 2016. "Green and Lindsay: two steps forward - five steps back: homosexual advance defence - quo vadis?" University of Western Australia Law Review. 41 (1), pp. 91-118.
Article Title

Green and Lindsay: two steps forward - five steps back: homosexual advance defence - quo vadis?

ERA Journal ID33970
Article CategoryArticle
AuthorsBraun, Kerstin (Author) and Gray, Anthony (Author)
Journal TitleUniversity of Western Australia Law Review
Journal Citation41 (1), pp. 91-118
Number of Pages28
Year2016
PublisherUniversity of Western Australia
Place of PublicationAustralia
ISSN0042-0328
Web Address (URL)https://www8.austlii.edu.au/cgi-bin/viewdoc/au/journals/UWALawRw/2016/12.html
Abstract

This paper considers the question of the homosexual advance defence in the context of those jurisdictions which retaina provocation defence, in light of the recent High Court of Australia decision in Lindsay v The Queen.

Keywordsadvance defence; homosexual; Green; Lindsay; provocation
Contains Sensitive ContentDoes not contain sensitive content
ANZSRC Field of Research 2020489999. Other law and legal studies not elsewhere classified
Public Notes

File reproduced in accordance with the copyright policy of the publisher/author/creator.

Byline AffiliationsSchool of Law and Justice
Institution of OriginUniversity of Southern Queensland
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Gray, Anthony. 2014. "Compulsory marketing schemes and Section 92 of the Australian Constitution." University of Tasmania Law Review. 33 (2), pp. 317-344.
Giving victims a voice: on the problems of introducing victim impact statements in German criminal procedure
Braun, Kerstin. 2013. "Giving victims a voice: on the problems of introducing victim impact statements in German criminal procedure." German Law Journal. 14 (9), pp. 1889-1908.
Legal representation for sexual assault victims - Possibilities for law reform?
Braun, Kerstin. 2014. "Legal representation for sexual assault victims - Possibilities for law reform?" Current Issues in Criminal Justice. 25 (3), pp. 819-837.
Do ask, do tell: Where is the protection against sexual orientation discrimination in international human rights law?
Braun, Kerstin. 2014. "Do ask, do tell: Where is the protection against sexual orientation discrimination in international human rights law?" American University International Law Review. 29 (4), pp. 871-903.
Donation and spending limits in political finance law and their compatibility with the Australian Constitution
Gray, Anthony. 2014. "Donation and spending limits in political finance law and their compatibility with the Australian Constitution." Australian Journal of Politics and History. 60 (4), pp. 592-605. https://doi.org/10.1111/ajph.12078
Reviewing the reviewers
Gray, Anthony. 2014. "Reviewing the reviewers." Alternative Law Journal . 39 (4), pp. 263-267.
The manifestation of religious belief through dress: Human hights and constitutional issues
Gray, Anthony. 2014. "The manifestation of religious belief through dress: Human hights and constitutional issues." European Journal of Law Reform. 16 (2), pp. 329-352.
Executive detention and the Australian Constitution
Gray, Anthony. 2014. "Executive detention and the Australian Constitution." Australian Journal of Administrative Law. 22 (1), pp. 43-62.
Papers in legal studies part 2
Gray, Anthony. 2014. Papers in legal studies part 2. Brisbane, Australia. Business Educators' Association of Queensland.
The constitutionality of Queensland's recent (legal) war on 'bikies'
Gray, Anthony. 2014. "The constitutionality of Queensland's recent (legal) war on 'bikies'." Deakin Law Review. 19 (1), pp. 51-87.
A comparison and critique of closed court hearings
Gray, Anthony. 2014. "A comparison and critique of closed court hearings." International Journal of Evidence and Proof. 18 (3), pp. 230-259. https://doi.org/10.1350/ijep.2014.18.3.455
Discriminatory taxation in light of Fortescue: its implications for the development of Northern Australia
Gray, Anthony. 2014. "Discriminatory taxation in light of Fortescue: its implications for the development of Northern Australia." Federal Law Review. 42 (1), pp. 67-89.
The right to silence: using American and European law to protect a fundamental right
Gray, Anthony. 2013. "The right to silence: using American and European law to protect a fundamental right." New Criminal Law Review: an international and interdisciplinary journal. 16 (4), pp. 527-567. https://doi.org/10.1525/NCLR.2013.0038
Constitutionally protected due process and the use of criminal intelligence provisions
Gray, Anthony. 2014. "Constitutionally protected due process and the use of criminal intelligence provisions." University of New South Wales Law Journal. 37 (1), pp. 125-161.
Securing felons' voting rights in America
Gray, Anthony. 2014. "Securing felons' voting rights in America." Berkeley Journal of African-American Law and Policy. 16 (1), pp. 3-31.
Unfair contract terms: termination for convenience
Gray, Anthony. 2013. "Unfair contract terms: termination for convenience." University of Western Australia Law Review. 37 (1), pp. 229-252.
Freedom of association in the Australian Constitution and the crime of consorting
Gray, Anthony. 2013. "Freedom of association in the Australian Constitution and the crime of consorting." University of Tasmania Law Review. 32 (2), pp. 149-183.
Comparative religious freedom: the right to wear religious dress
Gray, Anthony. 2013. "Comparative religious freedom: the right to wear religious dress." Karraker, Meg Wilkes (ed.) The other people: interdisciplinary perspectives on migration. New York, NY. United States. Palgrave Macmillan. pp. 167-182
Withholding government funding: a breach of freedom of political communication
Gray, Anthony. 2013. "Withholding government funding: a breach of freedom of political communication." Alternative Law Journal . 38 (4), pp. 218-222.
Government funding of non-governmental organisations and the implied freedom of political communication: the constitutionalityof gag clause
Gray, Anthony. 2013. "Government funding of non-governmental organisations and the implied freedom of political communication: the constitutionalityof gag clause." Australian Journal of Political Science. 48 (4), pp. 456-469. https://doi.org/10.1080/10361146.2013.846295
Constitutionally heeding the right to silence in Australia
Gray, Anthony. 2013. "Constitutionally heeding the right to silence in Australia." Monash University Law Review. 39 (1), pp. 156-187.
Contractual penalties in Australian law after Andrews: an opportunity missed
Gray, Anthony. 2013. "Contractual penalties in Australian law after Andrews: an opportunity missed." Deakin Law Review. 18 (1), pp. 1-25.
The constitutionality of minimum mandatory sentencing - part II
Gray, Anthony and Elmore, Gerard. 2013. "The constitutionality of minimum mandatory sentencing - part II." Journal of Judicial Administration. 23 (1), pp. 58-69.
The meaning of an alien in the constitutional universe
Gray, Anthony. 2013. "The meaning of an alien in the constitutional universe." Australian Journal of Administrative Law. 20 (2), pp. 89-101.
Forfeiture provisions and the criminal/civil divide
Gray, Anthony Davidson. 2012. "Forfeiture provisions and the criminal/civil divide." New Criminal Law Review: an international and interdisciplinary journal. 15 (1), pp. 32-67. https://doi.org/10.1525/nclr.2012.15.1.32
Conflict of laws and the cloud
Gray, Anthony. 2013. "Conflict of laws and the cloud." Computer Law and Security Review: the International Journal of Technology Law and Practice. 29 (1), pp. 58-65. https://doi.org/10.1016/j.clsr.2012.11.004
The constitutionality of Australia's compulsory voting system
Gray, Anthony. 2012. "The constitutionality of Australia's compulsory voting system." Australian Journal of Politics and History. 58 (4), pp. 591-608. https://doi.org/10.1111/j.1467-8497.2012.01655.x
The constitutionality of the Minerals Resource Rent Tax 2012 (Cth)
Gray, Anthony. 2012. "The constitutionality of the Minerals Resource Rent Tax 2012 (Cth)." Australian Resources and Energy Law Journal. 31 (2), pp. 154-162.
The compatibility of unexplained wealth provisions and 'civil' forfeiture regimes with Kable
Gray, Anthony. 2012. "The compatibility of unexplained wealth provisions and 'civil' forfeiture regimes with Kable." QUT Law Review. 12 (2), pp. 18-35. https://doi.org/10.5204/qutlr.v12i2.488
Advertising by professions and the Competition and Consumer Act 2010 (Cth)
Gray, Anthony. 2012. "Advertising by professions and the Competition and Consumer Act 2010 (Cth)." Australian Business Law Review. 40 (5), pp. 336-347.
Constitutionally protecting the presumption of innocence
Gray, Anthony. 2012. "Constitutionally protecting the presumption of innocence." University of Tasmania Law Review. 31 (1), pp. 131-152.
The constitutionality of minimum mandatory sentencing provisions
Gray, Anthony and Elmore, Gerard. 2012. "The constitutionality of minimum mandatory sentencing provisions." Journal of Judicial Administration. 22 (1), pp. 37-47.
Termination for convenience clauses and good faith
Gray, Anthony. 2012. "Termination for convenience clauses and good faith." Journal of International Commercial Law and Technology. 7 (3), pp. 260-275.
Good faith and termination for convenience clauses in Australia
Gray, Anthony. 2012. "Good faith and termination for convenience clauses in Australia." International Journal of Private Law. 5 (4), pp. 352-372. https://doi.org/10.1504/IJPL.2012.049357
Racial vilification and freedom of speech in Australia and elsewhere
Gray, Anthony. 2012. "Racial vilification and freedom of speech in Australia and elsewhere." Common Law World Review. 41 (2), pp. 167-195. https://doi.org/10.1350/clwr.2012.41.2.0236
Bloody censorship: swearing and freedom of speech
Gray, Anthony. 2012. "Bloody censorship: swearing and freedom of speech." Alternative Law Journal . 37 (1), pp. 37-40.
Section 116 of the Australian Constitution and dress restrictions
Gray, Anthony. 2011. "Section 116 of the Australian Constitution and dress restrictions." Deakin Law Review. 16 (2), pp. 293-324.
Mockery and jury trial in Australia
Gray, Anthony. 2008. "Mockery and jury trial in Australia." Malleswari, V. B. (ed.) Jury trial: a legal concept. Hyderabad, India. Icfai University Press.
Workplace relations reform: summary and constitutionality
Gray, Anthony. 2006. "Workplace relations reform: summary and constitutionality." Queensland Lawyer. 26 (5), pp. 257-267.
Alert and alarmed: the National Security Information Act (Cth) 2004
Gray, Anthony. 2007. "Alert and alarmed: the National Security Information Act (Cth) 2004." University of Tasmania Law Review. 24 (2), pp. 1-23.
Mockery and the right to trial by jury
Gray, Anthony. 2006. "Mockery and the right to trial by jury." QUT Law Review. 6 (1), pp. 66-88.
Queensland criminal law may be unconstitutional
Gray, Anthony. 2004. "Queensland criminal law may be unconstitutional." Queensland Lawyer. 25, pp. 75-85.
A head for business regulation: the corporations power and the federal government's workplace relations reforms
Gray, Anthony. 2006. "A head for business regulation: the corporations power and the federal government's workplace relations reforms." Commercial Law Journal. 1 (1), pp. 56-67.
High court validates federal government's IR reforms
Gray, Anthony. 2006. "High court validates federal government's IR reforms." Commercial Law Journal. 1 (3), pp. 15-23.
High court validates restrictions on lawyer advertising
Gray, Anthony. 2005. "High court validates restrictions on lawyer advertising." Queensland Lawyer. 26 (3), pp. 131-139.
Applying provisions of the Australian Constitution to protect rights from intrusion by state parliaments
Gray, Anthony. 2011. "Applying provisions of the Australian Constitution to protect rights from intrusion by state parliaments." Australian Journal of Administrative Law. 18 (4), pp. 229-244.
Religious freedom and Section 116 of the Australian Constitution: would a banning of the hijab or burqa be constitutionally valid?
Gray, Anthony. 2011. "Religious freedom and Section 116 of the Australian Constitution: would a banning of the hijab or burqa be constitutionally valid?" Forum on Public Policy: a journal of the Oxford Round Table. 2011 (2), pp. 1-33.
Police power to conduct a search without reasonable suspicion in Australia: a comparative perspective
Gray, Anthony. 2011. "Police power to conduct a search without reasonable suspicion in Australia: a comparative perspective." European Public Law. 17 (2), pp. 331-347.
Why vicarious liability must be abandoned
Gray, Anthony. 2011. "Why vicarious liability must be abandoned." Australian Business Law Review. 39 (2), pp. 67-84.
The rule of law and reasonable suspicion
Gray, Anthony. 2011. "The rule of law and reasonable suspicion." Australian Journal of Human Rights. 16 (2), pp. 53-79.
Enforcement of punitive damages awards in the convention on choice of court agreements
Gray, Anthony. 2009. "Enforcement of punitive damages awards in the convention on choice of court agreements." Willamette Journal of International Law and Dispute Resolution. 17 (1), pp. 105-156.
Federal spending power in three federations: Australia, Canada and the United States
Gray, Anthony. 2011. "Federal spending power in three federations: Australia, Canada and the United States." Common Law World Review. 40 (1), pp. 13-39. https://doi.org/10.1350/clwr.2011.40.1.0215
Immunity of the Crown from statute and suit
Gray, Anthony. 2010. "Immunity of the Crown from statute and suit." Canberra Law Review. 2010 (1), pp. 1-35.
The constitutionality of criminal organisation legislation
Gray, Anthony. 2010. "The constitutionality of criminal organisation legislation." Australian Journal of Administrative Law. 17 (4), pp. 213-228.
Sustainable juries: thinking outside peer criminal jury trials
Gray, Anthony and Barnett, Eola. 2010. "Sustainable juries: thinking outside peer criminal jury trials." Journal of Judicial Administration. 20 (1), pp. 18-38.
The common law and the Constitution as protectors of rights in Australia
Gray, Anthony. 2010. "The common law and the Constitution as protectors of rights in Australia." Common Law World Review. 39 (2), pp. 119-156.
Unfair contracts and the Consumer Law Bill
Gray, Anthony. 2009. "Unfair contracts and the Consumer Law Bill." QUT Law Review. 9 (2), pp. 155-175.
Provocation and the homosexual advance defense in Australia and the United States: law out of step with community values
Gray, Anthony. 2010. "Provocation and the homosexual advance defense in Australia and the United States: law out of step with community values." The Crit. 3 (1), pp. 53-72.
Forum non conveniens in Australia: a comparative analysis
Gray, Anthony. 2009. "Forum non conveniens in Australia: a comparative analysis." Common Law World Review. 38 (3), pp. 207-244.
Extending time limits in sexual abuse cases
Gray, Anthony. 2009. "Extending time limits in sexual abuse cases." Common Law World Review. 38 (4), pp. 342-384. https://doi.org/10.1350/clwr.2009.38.4.0199
Reform of rules of private international law in Manitoba: a comparative perspective
Gray, Anthony. 2009. "Reform of rules of private international law in Manitoba: a comparative perspective." Journal of Politics and Law. 2 (4), pp. 26-38.
A guaranteed right to trial by jury at state level?
Gray, Anthony. 2009. "A guaranteed right to trial by jury at state level?" Australian Journal of Human Rights. 15 (1), pp. 97-125.
State-based business licensing in Australia: the Constitution, economics and international perspectives
Gray, Anthony. 2009. "State-based business licensing in Australia: the Constitution, economics and international perspectives." Deakin Law Review. 14 (2), pp. 165-188.
Due process, natural justice, Kable and organisational control legislation
Gray, Anthony. 2009. "Due process, natural justice, Kable and organisational control legislation." Public Law Review. 20 (4), pp. 290-305.
To give and to receive: the Australian government's proposed electoral finance reforms
Gray, Anthony and Jones, Nicky. 2010. "To give and to receive: the Australian government's proposed electoral finance reforms." University of Tasmania Law Review. 28 (2), pp. 182-209.
Australian 'bikie' laws in the absence of an express Bill of Rights
Gray, Anthony. 2009. "Australian 'bikie' laws in the absence of an express Bill of Rights." Journal of International Commercial Law and Technology. 4 (4), pp. 274-286.
Options for the doctrine of Crown immunity in 21st century Australia
Gray, Anthony. 2009. "Options for the doctrine of Crown immunity in 21st century Australia." Australian Journal of Administrative Law. 16 (4), pp. 200-210.
Excise taxation in the Australian federation: a legal and economic perspective
Gray, Anthony. 2009. Excise taxation in the Australian federation: a legal and economic perspective. Berlin, Germany. VDM Verlag Dr. Muller.
Human rights in Australia: looking forward, looking back
Gray, Anthony. 2009. Human rights in Australia: looking forward, looking back. Berlin, Germany. VDM Verlag Dr. Muller.
The regulation of electoral financing
Gray, Anthony. 2009. "The regulation of electoral financing." Oxford University Comparative Law Forum. 2009, pp. 1-21.
Criminal sanctions for cartel behaviour
Gray, Anthony. 2008. "Criminal sanctions for cartel behaviour." QUT Law Review. 8 (2), pp. 364-379.
Time to abolish the rule in Searle v Wallbank for negligence and nuisance claims
Gray, Anthony. 2008. "Time to abolish the rule in Searle v Wallbank for negligence and nuisance claims." Deakin Law Review. 13 (2), pp. 101-130.
Legal studies in action 2: Queensland
Gray, Anthony, Young, Karyl and Kenman, Sandra. 2009. Legal studies in action 2: Queensland. Brisbane, Australia. John Wiley & Sons.
Getting it right: where is the place of the wrong in multinational torts cases?
Gray, Anthony. 2008. "Getting it right: where is the place of the wrong in multinational torts cases?" The Sydney Law Review. 30 (3), pp. 537-550.
Loss distribution issues in multinational torts claims: giving substance to substance
Gray, Anthony. 2008. "Loss distribution issues in multinational torts claims: giving substance to substance." Journal of Private International Law. 4 (2), pp. 279-309.
Choice of law: the presumption in the proof of foreign law
Gray, Anthony. 2008. "Choice of law: the presumption in the proof of foreign law." University of New South Wales Law Journal. 31 (1), pp. 136-157.
Reinterpreting the trade and commerce power
Gray, Anthony. 2008. "Reinterpreting the trade and commerce power." Australian Business Law Review. 36 (1), pp. 29-46.
Policing price fixing in petroleum markets
Gray, Anthony. 2007. "Policing price fixing in petroleum markets." Australian Business Law Review. 35 (6), pp. 398-406.
FOI and the freedom of political communication
Gray, Anthony. 2007. "FOI and the freedom of political communication." Deakin Law Review. 12 (1), pp. 193-217.
The guaranteed right to vote in Australia
Gray, Anthony. 2007. "The guaranteed right to vote in Australia." QUT Law Review. 7 (2), pp. 178-197.
An exploratory study to determine students' perceptions of the value of interaction in an Australian classroom context and the perceived impact on learning outcomes
McDonald, Jacquelin, Birch, Dawn, Gray, Anthony, Gururajan, Raj, Hingst, Raymond D. and Maguire, Michael. 2005. "An exploratory study to determine students' perceptions of the value of interaction in an Australian classroom context and the perceived impact on learning outcomes." CRLL 2005: What a Difference a Pedagogy Makes: Researching Lifelong Learning and Teaching. Glasgow, Scotland 24 - 26 Jun 2005 London, United Kingdom.
Legal studies in action 1: Queensland (3rd edition) (includes teacher support manual)
Gray, Anthony and Herlihy, Gail. 2008. Legal studies in action 1: Queensland (3rd edition) (includes teacher support manual). Brisbane, Australia. John Wiley & Sons.
How Welfare to Work and WorkChoices will change womens' lives
Collins, Pauline and Gray, Anthony. 2006. "How Welfare to Work and WorkChoices will change womens' lives." Bailey, Janis, Broadbent, Kaye, Edwards, Linda, McDonald, Paula and Whitehouse, Gillian (ed.) Our Work .... Our Lives: National Conference on Women & Industrial Relations (2006). Brisbane, Australia 12 - 14 Jul 2006 Brisbane, Australia.
Legal studies in action 1 (2nd ed)
Herlihy, Gail and Gray, Anthony. 2004. Legal studies in action 1 (2nd ed). Brisbane, Australia. John Wiley & Sons.
Legal studies in action 2 (2nd ed)
Kenman, Sandra and Gray, Anthony. 2003. Legal studies in action 2 (2nd ed). Brisbane, Australia. John Wiley & Sons.
Remedy issues in multinational tort claims: substance and procedure and choice of law
Gray, Anthony. 2007. "Remedy issues in multinational tort claims: substance and procedure and choice of law." University of Queensland Law Journal. 26 (1), pp. 1-26.
The interplay of Welfare to Work and WorkChoices
Gray, Anthony and Collins, Pauline. 2007. "The interplay of Welfare to Work and WorkChoices." Hecate: an interdisciplinary journal of women's liberation. 33 (1), pp. 126-140.
The rise of Renvoi in Australia: creating the theoretical framework
Gray, Anthony. 2007. "The rise of Renvoi in Australia: creating the theoretical framework." University of New South Wales Law Journal. 30 (1), pp. 103-126.
Conflict of laws in international torts cases: the need for reform on both sides of the Tasman
Gray, Anthony. 2006. "Conflict of laws in international torts cases: the need for reform on both sides of the Tasman." Yearbook of New Zealand Jurisprudence. 9, pp. 113-140.
Freedom from disclosure of information
Gray, Anthony. 2007. "Freedom from disclosure of information." Alternative Law Journal . 32 (1), pp. 7-10.
Worry to women of Welfare to Work and WorkChoices
Collins, Pauline and Gray, Anthony. 2006. "Worry to women of Welfare to Work and WorkChoices." 61st Conference of the Australasian Law Teachers' Association (ALTA 2006). Melbourne, Australia 04 - 07 Jul 2006 Sydney, Australia.
Detaining future dangerous offenders: dangerous law
Gray, Anthony. 2004. "Detaining future dangerous offenders: dangerous law." Deakin Law Review. 9 (1), pp. 243-259.
Flexibility in conflict of laws multistate tort cases: the way forward in Australia
Gray, Anthony. 2004. "Flexibility in conflict of laws multistate tort cases: the way forward in Australia." University of Queensland Law Journal. 23 (2), pp. 435-463.
Preventive detention laws: High Court validates Queensland's Dangerous Prisoners Act 2003
Gray, Anthony. 2005. "Preventive detention laws: High Court validates Queensland's Dangerous Prisoners Act 2003." Alternative Law Journal . 30 (2), pp. 75-79.
Precedent and policy: Australian industrial relations reform in the 21st century using the corporations power
Gray, Anthony. 2005. "Precedent and policy: Australian industrial relations reform in the 21st century using the corporations power." Deakin Law Review. 10 (2), pp. 440-459.
Standard of proof, unpredictable behaviour and the High Court of Australia's verdict on preventive detention laws
Gray, Anthony. 2005. "Standard of proof, unpredictable behaviour and the High Court of Australia's verdict on preventive detention laws." Deakin Law Review. 10 (1), pp. 177-207.