It's Takahe not Takehe, and it is a proud and noble bird that wouldn't shit on a 'swamphen'. Hmmph. Pukeko indeed.

Less than life sentences for murder, on the present case law, only applies to suicide pact killings. It has never been extended any further and does not look likely to be judging by English and Canadian experiences.

I entirely agree that Weatherston's defence was repugnant, however I also think the judge bears some of the blame as it was in her discretion not to allow Weatherston to run provocation as a defence, especially where there was a weak evidential basis for it, (even more so after reading comments by her ex BF). The judge has a history of pretty bad decisions and she has cast provocation in an unecessarily bad light. It is an important acknowledgemnt that in some circumstances, ordinary people lose self control. I add that this case is not one of them.

However, by way of hypothetical example, without provocation, if Sophie’s mum went into the room during the attack and knocked Weatherston out with a baseball bat, that would be self-defence. However, once Weatherston was clearly incapacitated (and thus no longer a threat), if she hit him again on the head to intentionally kill him after what he had done to Sophie (an ordinary human response to such evil), that would be murder requiring (under present caselaw) a life sentence. If she could rely on provocation, it would certainly succeed and the judge could sentence her to anything they saw fit from a discharge without conviction through to a fine, community service, or jail for any period up to and including life, if the circumstances required.

Provocation must stay, albeit perhaps not in its present form.