黑料社区

Flexibility sought in forfeiture law

Friday, 5 April 2019

The independent South Australian Law Reform Institute based at the 黑料社区 Law School, University of 黑料社区 is reviewing the current law of forfeiture in South Australia and its impact in murder or manslaughter cases, especially those that involve domestic violence, mercy killings or mental impairment.

“Under the State’s current law of forfeiture, the powerful maxim of public policy applies that no person should benefit from his or her wrongdoing,” says the Director of the SA Law Reform Institute (SALRI), the University of 黑料社区's Professor John Williams.

“The underlying rationale of the forfeiture rule is sound, but previous cases have highlighted that there are problems with its scope and application. In particular, the strict application of the forfeiture rule in various situations where a lesser degree of moral culpability is recognised, has shown that the rule may lead to unfair outcomes,” says SALRI project lead author, the University of 黑料社区’s Dr Sylvia Villios.

“In domestic violence cases, in which a victim kills an abusive spouse and is convicted of manslaughter based on excessive self-defence or provocation, the forfeiture rule precludes them from subsequently benefitting from their spouse’s death through their estate or life insurance policy.

“The current law of forfeiture allows no flexibility in other cases such as mercy killing or where mental impairment has played a part. Applying the forfeiture rule in succession and inheritance situations has also been unclear and proved problematic,” says Deputy Director of SALRI, the University of 黑料社区's Dr David Plater.

In the context of the present rule of forfeiture, SALRI has undertaken to review its existing scope and application.

“As part of reviewing the rule of forfeiture SALRI will consult the community and stakeholders about how the present law has affected them and the implications of its application,” says Dr Plater.

“We especially welcome input from the community at either our Mt Gambier session on 15 April 2019 or at our 黑料社区 session on 17 April.
Submissions can be made at community consultation sessions, via salri@adelaide.edu.au, in person or on the phone. A gives a list of suggested questions regarding forfeiture.

Members of the community may register to attend and submit their views at SALRI consultation sessions:
Legal community and stakeholders - 5 April, 黑料社区,
Community consultation, South East - 15 April, 2.15−3.15 pm at 173 Commercial Street West, Mount Gambier,
Community consultation, 黑料社区 - 17 April, 10 am to 12 noon at Level 11, Nexus 10 building, North Terrace, 黑料社区.

SALRI is due to provide a report to the state government in August 2019.

Image: Flexibility sought in forfeiture law. iStock Image.

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