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‘His home is his castle. And mine is a cage’ : a new partial defence for primary victims who kill Nicola Wake

By: Material type: ArticleArticleSeries: Northern Ireland Legal QuarterlyPublication details: Northern Ireland Legal Quarterly, 2015Subject(s): Online resources: In: Northern Ireland Legal Quarterly, 2015, 66(2): 151-177Summary: The author proposes a new partial defence for the primary victim in murder/manslaughter cases be introduced in New Zealand and the Australian state of Victoria. The author proposes an entirely new defence predicated on a fear of serious violence and several threshold filter mechanisms designed to accommodate the circumstances of primary victims. Elements of this paper were presented to the Sydney Law School, Institute of Criminology (Nicola Wake, ‘Extreme Provocation and Loss of Control: Comparative Perspectives’ 18 March 2015). Record #4794
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Northern Ireland Legal Quarterly, 2015, 66(2): 151-177

The author proposes a new partial defence for the primary victim in murder/manslaughter cases be introduced in New Zealand and the Australian state of Victoria. The author proposes an entirely new defence predicated on a fear of serious violence and several threshold filter mechanisms designed to accommodate the circumstances of primary victims. Elements of this paper were presented to the Sydney Law School, Institute of Criminology (Nicola Wake, ‘Extreme Provocation and Loss of Control: Comparative Perspectives’ 18 March 2015). Record #4794