Queensland Consolidated Acts Queensland Consolidated Acts(1) When a person who unlawfully kills another under circumstances which, but for the provisions of this section, would constitute murder, does the act which causes death in the heat of passion caused by sudden provocation, and before there is time for the person's passion to cool, the person is guilty of manslaughter only.
(2) Subsection (1) does not apply if the sudden provocation is based on words alone, other than in circumstances of a most extreme and exceptional character.
(3) Also, subsection (1) does not apply, other than in circumstances of a most extreme and exceptional character, if—
(a) a domestic relationship exists between 2 persons; and
(b) one person unlawfully kills the other person (the deceased); and
(c) the sudden provocation is based on anything done by the deceased or anything the person believes the deceased has done—
(i) to end the relationship; or
(ii) to change the nature of the relationship; or
(ii) to indicate in any way that the relationship may, should or will end, or that there may, should or will be a change to the nature of the relationship.
(4) For subsection (3)(a) a domestic relationship between 2 persons may be constituted by an intimate personal relationship as defined under the Domestic and Family Violence Protection Act 1989, section 12A(2), even if the persons' lives are not enmeshed as mentioned in section 12A(2)(b) of the Act.
(5) Subsection (3)(c)(i) applies even if the relationship has ended before the sudden provocation and killing happens.
(6) For proof of circumstances of a most extreme and exceptional character mentioned in subsection (2) or (3) regard may be had to any history of violence that is relevant in all the circumstances.
(7) On a charge of murder, it is for the defence to prove that the person charged is, under this section, liable to be convicted of manslaughter only.
(8) When 2 or more persons unlawfully kill another, the fact that 1 of the persons is, under this section, guilty of manslaughter only does not affect the question whether the unlawful killing amounted to murder in the case of the other person or persons.