Is the partial defence an endangered defence? : (Record no. 2038)

MARC details
000 -LEADER
fixed length control field 01982nab a2200289Ia 4500
001 - CONTROL NUMBER
control field 112311
005 - DATE AND TIME OF LATEST TRANSACTION
control field 20250625151149.0
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 110331s2005 eng
022 ## - INTERNATIONAL STANDARD SERIAL NUMBER
International Standard Serial Number 1173-5864
040 ## - CATALOGING SOURCE
Original cataloging agency WSS
Modifying agency AFV
082 0# - DEWEY DECIMAL CLASSIFICATION NUMBER
Classification number TRVF 000095
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Tolmie, Julia
9 (RLIN) 2218
245 ## - TITLE STATEMENT
Title Is the partial defence an endangered defence? :
Remainder of title recent proposals to abolish provocation
Statement of responsibility, etc Tolmie, Julia
260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT)
Place of publication, distribution, etc Auckland
Name of publisher, distributor, etc Legal Research Foundation
Date of publication, distribution, etc 2005
300 ## - PHYSICAL DESCRIPTION
Extent 28 p. ; 24 cm.
365 ## - TRADE PRICE
Price type code 00
Price amount 0
500 ## - GENERAL NOTE
General note Offprint from New Zealand Law Review copied and supplied to HCR by the author.
520 ## - SUMMARY, ETC.
Summary, etc This article investigates the ramifications of the abolition of partial defence under the Sentencing Act 2002. The author contends that the partial defence argument is imperative for victims of domestic violence who kill their abusive partners. Without this defence argument, 'battered defendants' who kill their abusers will be facing murder as opposed to manslaughter charges. The article discusses the complex nature of domestic violence, and how the courts must consider the social, economic and cultural context of murder in this instance. The defence of provocation may be used by defendants to reduce culpability in some homicide cases, and the author argues that this applies in the case of battered women who kill their partners in self defence. However, the defence of provocation has differing interpretations and is often used to normalise male violence towards their female partners. The author suggests the definition of defence of provocation must be clarified in legislation to expunge any misdirection of legal argument.
500 ## - GENERAL NOTE
General note New Zealand Law Review (1) 2005 : 25-52
650 27 - SUBJECT ADDED ENTRY--TOPICAL TERM
Source of heading or term FVC
Topical term or geographic name as entry element DOMESTIC VIOLENCE
9 (RLIN) 203
650 27 - SUBJECT ADDED ENTRY--TOPICAL TERM
Source of heading or term FVC
Topical term or geographic name as entry element JUSTICE
9 (RLIN) 333
650 27 - SUBJECT ADDED ENTRY--TOPICAL TERM
Source of heading or term FVC
Topical term or geographic name as entry element SELF DEFENCE
9 (RLIN) 518
650 27 - SUBJECT ADDED ENTRY--TOPICAL TERM
9 (RLIN) 431
Topical term or geographic name as entry element INTIMATE PARTNER VIOLENCE
Source of heading or term FVC
650 27 - SUBJECT ADDED ENTRY--TOPICAL TERM
9 (RLIN) 336
Topical term or geographic name as entry element LAW
Source of heading or term FVC
773 0# - HOST ITEM ENTRY
Title New Zealand Law Review (1) 2005 : 25-52
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Koha item type Journal article
Holdings
Withdrawn status Lost status Damaged status Not for loan Home library Current library Date acquired Total Checkouts Full call number Barcode Date last seen Date checked out Price effective from Koha item type
        Vine library Vine library 06/07/2011 1 TRVF 000095 A00760609B 01/09/2015 04/08/2015 06/07/2011 Journal article