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Criminal defences and battered defendants Cato, Charles

By: Material type: ArticleArticlePublication details: 2002ISSN:
  • 0028-8373
Subject(s): DDC classification:
  • TRVF 000078
 In: New Zealand Law Journal Feb 2002 : 35-40Summary: This article presents a review of the Law Commission's 2001 report entitled "Some Criminal Defences with Particular Reference to Battered Defendants". The author provides a critique of the Law Commission's recommendations in the report, such as abolishing both mandatory life sentences and provocation as partial defence in cases of murder. The Commission rejects diminished responsibility as a defence for battered women who murder their abusive partner. The author proposes that self-defence, provocation as partial defence, and diminished responsibility remain as valid legal arguments for domestic violence victims who kill their abusive partner.
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This article presents a review of the Law Commission's 2001 report entitled "Some Criminal Defences with Particular Reference to Battered Defendants". The author provides a critique of the Law Commission's recommendations in the report, such as abolishing both mandatory life sentences and provocation as partial defence in cases of murder. The Commission rejects diminished responsibility as a defence for battered women who murder their abusive partner. The author proposes that self-defence, provocation as partial defence, and diminished responsibility remain as valid legal arguments for domestic violence victims who kill their abusive partner.

New Zealand Law Journal Feb 2002 : 35-40