A Wife Leaving Her Husband is Not Provocation for Murder

The Supreme Court of New South Wales has held that a wife’s decision to leave a husband is not a ‘mitigating factor’ for murder. Justice Beech-Jones held that “the free choice by (the wife) to exercise her right to end her marriage could never meet the definition of a mitigating factor…” This decision, while positive for the deceased, stresses the need in NSW for the provocation defence to murder to be revised and seriously considered.

The case concerned the murder of Rosa Maglovski by her husband, Dragi Maglovski. The incident arose as a result of Mrs. Maglovski’s decision to leave her husband. Following this, Mr. Maglovski had bashed and then stabbed Mrs. Maglovski multiple times. Mr. Maglovski’s barrister asserted that prior to the murder there had been a great deal of friction between the couple in the preceding months. He claimed that Mrs. Maglovksi had kicked Mr. Maglovski out of bed, complained of his smell, and spat at him. The barrister argues that this constituted a tremendous insult and thus had provoked Mr. Maglovski to commit the murder.

However, Justice Beech-Jones commented that ‘this is a man who killed his wife because he couldn’t accept her decision to leave him. Married women have the right to choose their own destiny. Significant punishment will be imposed on those who seek to punish them for enacting that right.’ Mr. Maglovski was consequently sentenced to a maximum of twenty years imprisonment.

While this decision is a step in the right direction, it nevertheless underlines the need for revision of the provocation defence to murder. In light of the recent Singh case, who had similarly brutally murdered his wife after she had verbally abused him and threatened to leave him, public outcry for the right of women has led to the establishment of a NSW inquiry into the provocation defence.

To read more on this, click here.

For crimes legislation, our Crimes Point-in-Time research service is an essential and vital tool for legal professionals. Contact us for full pricing information or to trial the service, free for a limited time.