Battered defendants and the criminal defences to murder - lessons from overseas (Record no. 2167)

MARC details
000 -LEADER
fixed length control field 02785nab a2200301Ia 4500
001 - CONTROL NUMBER
control field 112317
005 - DATE AND TIME OF LATEST TRANSACTION
control field 20250625151155.0
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 110331s2002 eng
022 ## - INTERNATIONAL STANDARD SERIAL NUMBER
International Standard Serial Number 1172-9597
040 ## - CATALOGING SOURCE
Original cataloging agency WSS
Modifying agency AFV
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Tolmie, Julia
9 (RLIN) 2218
245 ## - TITLE STATEMENT
Title Battered defendants and the criminal defences to murder - lessons from overseas
Statement of responsibility, etc Tolmie, Julia
260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT)
Place of publication, distribution, etc Hamilton
Name of publisher, distributor, etc University of Waikato
Date of publication, distribution, etc 2002
365 ## - TRADE PRICE
Price type code 00
Price amount 0
520 ## - SUMMARY, ETC.
Summary, etc This article aims to assess the recommendations made in the New Zealand Law Commission's Report No 73, 'Some criminal defences with particular reference to battered defendants', released in 2001, about the legal argument for battered defendants who kill their violent mate. Strengths and limitations of these recommendations are identified and elaborated upon. Previously, 'imminence of danger' was fundamental to a self-defence legal argument. However, the Law Commission's report suggested that 'imminence' should no longer be a requirement for a self-defence argument; instead it should be changed to 'unavoidable anticipated danger', and this article discusses reasons in support of this. Additionally, due to the complex nature of intimate partner abuse, the term 'battered woman syndrome' is not inclusive of all the impacts on a victim of this type of violence. Therefore the author supports the recommendation that 'battered woman syndrome' as a defence may not always be helpful for victims of partner violence. Furthermore, the article discusses how a mandatory life sentence for murder can pressure battered defendants into pleading guilty for manslaughter in order to prevent harsher sentencing. The author also supports the Law Commission's recommendation of abolishing this mandatory minimum sentencing. Limitations pertaining to the 2001 report include: the cursory nature of cultural inclusion in these cases; difficulties in determining self-defence; and a discussion of potential pitfalls in reviewing individual cases where women have already been sentenced for homicide. A number of international cases that employed the recommendations, and those that relate to the limitations of the Law Commission's report, are discussed to highlight advantages of the aforementioned legislative reforms.
522 ## - GEOGRAPHIC COVERAGE NOTE
Geographic coverage note nz
500 ## - GENERAL NOTE
General note Waikato Law Review : Taumauri 2002 (10) : 91-114
650 27 - SUBJECT ADDED ENTRY--TOPICAL TERM
Source of heading or term FVC
Topical term or geographic name as entry element CRIMINAL JUSTICE
9 (RLIN) 167
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
Topical term or geographic name as entry element INTIMATE PARTNER VIOLENCE
9 (RLIN) 431
650 27 - SUBJECT ADDED ENTRY--TOPICAL TERM
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) 336
Topical term or geographic name as entry element LAW
Source of heading or term FVC
651 24 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name NEW ZEALAND
9 (RLIN) 2588
773 0# - HOST ITEM ENTRY
Title Waikato Law Review : Taumauri 2002 (10) : 91-114
856 4# - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="http://www.austlii.edu.au/nz/journals/WkoLRev/2002/6.html#Heading5">http://www.austlii.edu.au/nz/journals/WkoLRev/2002/6.html#Heading5</a>
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Source of classification or shelving scheme Dewey Decimal Classification
Koha item type Journal article
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Date acquired Total Checkouts Full call number Barcode Date last seen Price effective from Koha item type
    Dewey Decimal Classification     Vine library Vine library 18/02/2013   Online ON13020114 18/02/2013 18/02/2013 Access online