000			02785nab a2200301Ia 4500
001			112317
005			20250625151155.0
008			110331s2002 eng
022			_a1172-9597
040			_aWSS _dAFV
100			_aTolmie, Julia _92218
245			_aBattered defendants and the criminal defences to murder - lessons from overseas _cTolmie, Julia
260			_aHamilton _bUniversity of Waikato _c2002
365			_a00 _b0
520			_aThis 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			_anz
650	2	7	_2FVC _aCRIMINAL JUSTICE _9167
650	2	7	_2FVC _aDOMESTIC VIOLENCE _9203
650	2	7	_aINTIMATE PARTNER VIOLENCE _9431
650	2	7	_aJUSTICE _9333
650	2	7	_2FVC _aSELF DEFENCE _9518
500			_aWaikato Law Review : Taumauri 2002 (10) : 91-114
650	2	7	_9336 _aLAW _2FVC
651	2	4	_aNEW ZEALAND _92588
773	0		_tWaikato Law Review : Taumauri 2002 (10) : 91-114
856	4		_uhttp://www.austlii.edu.au/nz/journals/WkoLRev/2002/6.html#Heading5
942			_2ddc _cARTICLE
999			_c2167 _d2167