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Defences to Homicide for Battered Women: A Comparative Analysis of Laws in Australia, Canada and New ZealandElizabeth A. SheehyUniversity of Ottawa - Faculty of Law (Common Law) Julie StubbsUniversity of New South Wales (UNSW, Australia) - Faculty of Law Julia TolmieUniversity of Auckland January 21, 2013 (2012) 34 Sydney Law Review 467 UNSW Law Research Paper No. 2013-7 Abstract: This article takes stock of what is happening in the defence of battered women who are charged with homicide across three jurisdictions – Australia, Canada and New Zealand. In Part 1 the current legal requirements for the most relevant defences in all three jurisdictions are briefly outlined, with a focus on those legal developments that are likely to assist in the defence of battered women. In Part 2 general trends in how homicide cases involving accused battered women were resolved from 2000 to 2010 in the three jurisdictions are examined. This analysis suggests that further work is needed to improve the legal response to these kinds of cases, but that the changes needed are not necessarily in the area of statutory reform.
Number of Pages in PDF File: 28 Accepted Paper SeriesDate posted: February 7, 2013 ; Last revised: May 6, 2013Suggested CitationContact Information
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