Criminal defences and battered defendants
Cato, Charles
Criminal defences and battered defendants Cato, Charles - 2002
New Zealand Law Journal Feb 2002 : 35-40
This article presents a review of the Law Commission's 2001 report entitled "Some Criminal Defences with Particular Reference to Battered Defendants". The author provides a critique of the Law Commission's recommendations in the report, such as abolishing both mandatory life sentences and provocation as partial defence in cases of murder. The Commission rejects diminished responsibility as a defence for battered women who murder their abusive partner. The author proposes that self-defence, provocation as partial defence, and diminished responsibility remain as valid legal arguments for domestic violence victims who kill their abusive partner.
0028-8373
DOMESTIC VIOLENCE
HOMICIDE
JUSTICE
LEGISLATION
INTIMATE PARTNER VIOLENCE
TRVF 000078
Criminal defences and battered defendants Cato, Charles - 2002
New Zealand Law Journal Feb 2002 : 35-40
This article presents a review of the Law Commission's 2001 report entitled "Some Criminal Defences with Particular Reference to Battered Defendants". The author provides a critique of the Law Commission's recommendations in the report, such as abolishing both mandatory life sentences and provocation as partial defence in cases of murder. The Commission rejects diminished responsibility as a defence for battered women who murder their abusive partner. The author proposes that self-defence, provocation as partial defence, and diminished responsibility remain as valid legal arguments for domestic violence victims who kill their abusive partner.
0028-8373
DOMESTIC VIOLENCE
HOMICIDE
JUSTICE
LEGISLATION
INTIMATE PARTNER VIOLENCE
TRVF 000078