Criminal law (Record no. 2188)

MARC details
000 -LEADER
fixed length control field 02743nab a2200265Ia 4500
001 - CONTROL NUMBER
control field 111228
005 - DATE AND TIME OF LATEST TRANSACTION
control field 20250625151156.0
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 110331s2001 eng
022 ## - INTERNATIONAL STANDARD SERIAL NUMBER
International Standard Serial Number 1173-5864
040 ## - CATALOGING SOURCE
Original cataloging agency WSS
Modifying agency AFV
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Dawkins, Kevin
9 (RLIN) 1029
245 ## - TITLE STATEMENT
Title Criminal law
Statement of responsibility, etc Dawkins, Kevin; Briggs, Margaret
260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT)
Date of publication, distribution, etc 2001
365 ## - TRADE PRICE
Price type code 00
Price amount 0
520 ## - SUMMARY, ETC.
Summary, etc This article explores various legislative Acts and amendments to them. Of particular interest to the field of family violence is the section "Compulsion by Threats and Duress of Circumstances". This discusses the relationship between the statutory defence of 'compulsion by threats', under s24 of the Crimes Act (1961), and the common law defence of 'duress of circumstance'. This is when an individual who is being abused by a partner feels compelled to commit a crime because they are being threatened by their abusive partner. However, when the individual commits the crime, the abusive partner is not present. With reference to battered women's syndrome, there is a discussion of the Court of Appeal's interpretation of s24. The domestic violence related case example R v. Richards (1998) is employed to explore the Court of Appeal's requirement of actual presence. Various other cases are also drawn on as evidence of the Court's ability to be ungenerous and narrow in it interpretation of s24 in relation to situations involving domestic violence. 'Duress of circumstances' and the common law are discussed largely with reference to the English Court of Appeal. The New Zealand Court of Appeal's exclusionary approach to the defence is discussed and questioned, as well as the defence applied in New Zealand. The author argues that legislative reform is required to remedy the inequities in the Court's approach to cases of domestic violence where the defendant appeals under 'compulsion by threats' or 'duress of circumstances'. Moreover, the recommendations made in the Law Commission report, "Some Criminal Defences with Particular Reference to Battered Defendants" (2001), in relation to 'compulsion by threats' and 'duress of circumstances' are mentioned and discussed. The author makes two proposals to counterpoint the Law Commission's recommendations. The Law Commissions preliminary paper, "Battered Defendants: Victims of Domestic Violence Who Offend" (2000) is also explored.
500 ## - GENERAL NOTE
General note New Zealand Law Review (3) 2001 : 317-355
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 LEGISLATION
9 (RLIN) 346
650 27 - SUBJECT ADDED ENTRY--TOPICAL TERM
Source of heading or term FVC
Topical term or geographic name as entry element POLICY
9 (RLIN) 447
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
700 1# - ADDED ENTRY--PERSONAL NAME
Personal name Briggs, Margaret
9 (RLIN) 823
773 0# - HOST ITEM ENTRY
Title New Zealand Law Review (3) 2001 : 317-355
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Source of classification or shelving scheme Dewey Decimal Classification
Koha item type Journal article

No items available.