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Battered defendants : victims of domestic violence who offend : a discussion paper

Contributor(s): Material type: TextTextSeries: Publication details: Wellington Law Commission 2000Description: 75 p. ; computer file : PDF formatISBN:
  • 1877187542
ISSN:
  • 0113-2245
Subject(s): DDC classification:
  • 362.8282 BAT
Online resources: Summary: This Law Commission discussion paper stems from criticism that the legal profession does not adequately understand battering relationships. It examines how existing New Zealand law applies to those who commit criminal acts in circumstances where they are victims of domestic violence, in particular, the defences of "self-defence", "provocation", "duress" and "necessity". It also considers developments and proposals in other jurisdictions, especially in the cases of the defences of "self-preservation" and "diminished responsibility", and judicial discretion in sentencing. Lastly, it makes proposals for reform. Findings from the consultation submissions responding to this discussion paper are presented in Law Commission Report No. 73, "Some Criminal Defences With Particular Reference to Battered Defendants" released in 2001.
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August 2000. Also available on the World Wide Web.

This Law Commission discussion paper stems from criticism that the legal profession does not adequately understand battering relationships. It examines how existing New Zealand law applies to those who commit criminal acts in circumstances where they are victims of domestic violence, in particular, the defences of "self-defence", "provocation", "duress" and "necessity". It also considers developments and proposals in other jurisdictions, especially in the cases of the defences of "self-preservation" and "diminished responsibility", and judicial discretion in sentencing. Lastly, it makes proposals for reform. Findings from the consultation submissions responding to this discussion paper are presented in Law Commission Report No. 73, "Some Criminal Defences With Particular Reference to Battered Defendants" released in 2001.

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