Julia Tolmie

University of Auckland - Faculty of Law

Private Bag 92019

Auckland Mail Centre

Auckland, 1142

New Zealand

SCHOLARLY PAPERS

40

DOWNLOADS
Rank 22,670

SSRN RANKINGS

Top 22,670

in Total Papers Downloads

4,734

TOTAL CITATIONS

14

Scholarly Papers (40)

1.

Defending Battered Women on Trial: The Battered Woman Syndrome and its Limitations

Elizabeth Sheehy, Julie Stubbs and Julia Tolmie, "Defending Battered Women on Trial: The Battered Woman Syndrome and Its Limitations” 16:6 Criminal Law Review, 1992
Number of pages: 26 Posted: 04 Jul 2013
Elizabeth A. Sheehy, Julie Stubbs and Julia Tolmie
University of Ottawa - Common Law Section, University of New South Wales (UNSW, Australia) - Faculty of Law and University of Auckland - Faculty of Law
Downloads 1,914 (18,557)
Citation 4

Abstract:

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battered women syndrome, Australian courts, women, women who kill a violent man, violent man, women-blaming stereotypes

2.

Domestic Violence and Child Contact Arrangements

Australian Journal of Family Law, Vol. 17, pp. 93-133, 2003, Sydney Law School Research Paper No. 08/18
Number of pages: 45 Posted: 17 Jan 2008
Miranda Kaye, Julie Stubbs and Julia Tolmie
University of Technology Sydney (UTS), University of New South Wales (UNSW, Australia) - Faculty of Law and University of Auckland - Faculty of Law
Downloads 457 (133,223)

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Domestic violence, separation, child contact, family law, protection orders

3.

When Self-Defence Fails

Previously published in K Fitz-Gibbon and A Freiberg, eds. Homicide Law Reform In Victoria: Prospects and Retrospect (Federation Press 2015), pp110-127., UNSW Law Research Paper No. 17-67
Number of pages: 18 Posted: 05 Oct 2017 Last Revised: 13 Jul 2018
Elizabeth A. Sheehy, Julie Stubbs and Julia Tolmie
University of Ottawa - Common Law Section, University of New South Wales (UNSW, Australia) - Faculty of Law and University of Auckland - Faculty of Law
Downloads 329 (192,929)
Citation 1

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4.

Defending Battered Women on Charges of Homicide: The Structural and Systemic Versus the Personal and Particular

WOMEN, MENTAL DISORDER AND THE LAW, Wendy Chan, Dorothy E. Chunn and Robert Menzies, eds., pp. 191-210, Glasshouse Press, London, 2005, Sydney Law School Research Paper No. 07/26
Number of pages: 21 Posted: 08 May 2007
Julie Stubbs and Julia Tolmie
University of New South Wales (UNSW, Australia) - Faculty of Law and University of Auckland - Faculty of Law
Downloads 329 (192,929)

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battered women,domestic violence,homicide,defences,structural disadvantage

5.

Securing Fair Outcomes for Battered Women Charged with Homicide: Analysing Defence Lawyering in R v Falls

(2014) 38 Melbourne University Law Review 666., UNSW Law Research Paper No. 2015-05
Number of pages: 43 Posted: 02 Feb 2015 Last Revised: 25 Feb 2015
Elizabeth A. Sheehy, Julie Stubbs and Julia Tolmie
University of Ottawa - Common Law Section, University of New South Wales (UNSW, Australia) - Faculty of Law and University of Auckland - Faculty of Law
Downloads 299 (213,598)
Citation 1

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battered women, homicide, self defence, R v Falls

6.

Defences to Homicide for Battered Women: A Comparative Analysis of Laws in Australia, Canada and New Zealand

(2012) 34 Sydney Law Review 467, UNSW Law Research Paper No. 2013-7
Number of pages: 28 Posted: 07 Feb 2013 Last Revised: 28 Jun 2013
Elizabeth A. Sheehy, Julie Stubbs and Julia Tolmie
University of Ottawa - Common Law Section, University of New South Wales (UNSW, Australia) - Faculty of Law and University of Auckland - Faculty of Law
Downloads 261 (245,696)
Citation 1

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7.

Battered Women Charged with Homicide: Advancing the Interests of Indigenous Women

Australian & New Zealand Journal of Criminology, Vol. 41, No. 1, pp. 138-161, 2008, Sydney Law School Research Paper No. 09/03
Number of pages: 35 Posted: 21 Jan 2009
Julie Stubbs and Julia Tolmie
University of New South Wales (UNSW, Australia) - Faculty of Law and University of Auckland - Faculty of Law
Downloads 251 (255,633)
Citation 1

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Battered women, homicide, Indigenous women, plea bargaining, sentencing

8.

Battered Women Charged with Homicide in Australia, Canada and New Zealand: How Do They Fare?

Australian & New Zealand Journal of Criminology, December 2012, 45: 383-399, UNSW Law Research Paper No. 2013-8
Number of pages: 20 Posted: 07 Feb 2013 Last Revised: 05 May 2014
Elizabeth A. Sheehy, Julie Stubbs and Julia Tolmie
University of Ottawa - Common Law Section, University of New South Wales (UNSW, Australia) - Faculty of Law and University of Auckland - Faculty of Law
Downloads 240 (268,152)
Citation 2

Abstract:

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homicide, battered women, plea bargaining, domestic violence, defences

9.

Consent to harmful assaults: The case for moving away from category based decision making

Number of pages: 17 Posted: 13 Sep 2024
Julia Tolmie
University of Auckland - Faculty of Law
Downloads 157 (394,045)

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Defence of victim consent, interpersonal violence, withdrawing the defence of victim consent

10.

Domestic Violence, Separation and Parenting: Negotiating Safety Using Legal Processes

Current Issues in Criminal Justice, Vol. 15, No. 2, pp. 73-94, 2003, Sydney Law School Research Paper No. 09/04
Number of pages: 25 Posted: 20 Apr 2005 Last Revised: 27 Jan 2009
Miranda Kaye, Julie Stubbs and Julia Tolmie
University of Technology Sydney (UTS), University of New South Wales (UNSW, Australia) - Faculty of Law and University of Auckland - Faculty of Law
Downloads 122 (482,071)

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Domestic violence, separation, parenting, legal processes, family law, criminal law

11.

Māori Rejections of the State’s Criminal Jurisdiction Over Māori in Aotearoa New Zealand’s Courts

New Zealand Universities Law Review | Vol. 30, June 2023
Posted: 16 Sep 2024
Fleur Te Aho and Julia Tolmie
University of Auckland - Faculty of Law and University of Auckland - Faculty of Law
Downloads 46 (841,918)

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Indigenous rights, Criminal law, rejections of state law

12.

CORPORATE SOCIAL RESPONSIBILITY

Number of pages: 29 Posted: 24 Oct 2024
Julia Tolmie
University of Auckland - Faculty of Law
Downloads 45 (849,773)

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corporate social responsibility, corporate law

13.

Victim-Survivors of Intimate Partner Violence Who are Forced to Participate in Crimes: Are They Treated Fairly in the Criminal Law?

The University of Auckland Faculty of Law Research Paper Series Forthcoming
Number of pages: 31 Posted: 04 Oct 2024
University of Auckland - Faculty of Law, University of Auckland, Auckland University of Technology, University of Technology Sydney (UTS) and University of Auckland
Downloads 38 (909,974)

Abstract:

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intimate partner violence, duress, compulsion, the criminal offences, party liability

14.

The Defence of Victim Consent and Rough Sex: A Perspective from New Zealand

Number of pages: 14 Posted: 28 Oct 2024
Julia Tolmie
University of Auckland - Faculty of Law
Downloads 34 (948,054)

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rough sex, victim consent, criminal law, strangulation

Is 50:50 shared care a desirable norm following family separation? Raising questions about current family law practices in New Zealand

The University of Auckland Faculty of Law Research Paper Series Forthcoming
Number of pages: 31 Posted: 10 Oct 2024
Julia Tolmie, Vivienne Elizabeth and Nicola Gavey
University of Auckland - Faculty of Law, Independent and University of Auckland
Downloads 14 (1,223,521)
Citation 1

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family law, child contact arrangements, child care arrangements, post-separation care arrangements, 50:50 parenting arrangements, equal care arrangements

Is 50:50 shared care a desirable norm following family separation? Raising questions about current family law practices in New Zealand.

Number of pages: 16 Posted: 01 Nov 2024
Julia Tolmie, Nicola Gavey and Vivienne Elizabeth
University of Auckland - Faculty of Law, University of Auckland and Independent
Downloads 11 (1,264,319)

Abstract:

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family law, child care and contact

16.

Negligence in the Criminal Law in Aotearoa New Zealand: Becoming Confused on a Higher Level and About More Important Things

The University of Auckland Faculty of Law Research Paper Series Forthcoming
Number of pages: 26 Posted: 16 Oct 2024
Julia Tolmie and Hannah Swedlund
University of Auckland - Faculty of Law and Independent
Downloads 23 (1,068,731)

Abstract:

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Criminal law, negligence, intimate partner violence, new zealand

17.

Social Entrapment: A Realistic Understanding of the Criminal Offending of Primary Victims of Intimate Partner Violence

New Zealand Law Review | 2018, The University of Auckland Faculty of Law Research Paper Series Forthcoming
Number of pages: 37 Posted: 14 Oct 2024
University of Auckland - Faculty of Law, University of Auckland, University of Otago, Auckland University of Technology and Government of Alberta - Family Violence Death Review Committee
Downloads 22 (1,081,033)
Citation 1

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homicide, Self-defence, family violence, intimate partner violence, intimate partner violence victimisation, victim-survivors of intimate partner violence

18.

Provocation or self-defence for battered women who kill?

The University of Auckland Faculty of Law Research Paper Series Forthcoming
Number of pages: 19 Posted: 10 Oct 2024
Julia Tolmie
University of Auckland - Faculty of Law
Downloads 18 (1,131,492)

Abstract:

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battered woman syndrome, defences to homicide, provocation, self-defence

19.

The gendered dynamics of power in disputes over the post-separation care of children

Number of pages: 34 Posted: 01 Nov 2024
Julia Tolmie, Nicola Gavey and Vivienne Elizabeth
University of Auckland - Faculty of Law, University of Auckland and Independent
Downloads 16 (1,157,220)
Citation 2

Abstract:

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intimate partner violence, family law, care and contact arrangements

20.

Discoursing Dads: The Rhetorical Devices of Fathers’ Rights Groups’

Melbourne University Law Review | Vol. 22 | 1998, The University of Auckland Faculty of Law Research Paper Series Forthcoming
Number of pages: 34 Posted: 25 Sep 2024
Miranda Kaye and Julia Tolmie
University of Technology Sydney (UTS) and University of Auckland - Faculty of Law
Downloads 15 (1,169,984)

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family law, fathers' rights groups, Child contact arrangements

21.

Defending Primary Victims Who Face Criminal Charges For The Use Of Defensive Force Against Their Abusive Partners: Attempting To Change 'laws' Practices'

The University of Auckland Faculty of Law Research Paper Series Forthcoming
Number of pages: 31 Posted: 16 Oct 2024
Julia Tolmie, Rachel Smith and Denise Wilson
University of Auckland - Faculty of Law, University of Auckland and Auckland University of Technology
Downloads 14 (1,182,676)

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homicide, Defences to homicide, criminal defences, victim-survivors of intimate partner violence, Defending primary victims

22.

Victim-survivors of Intimate Partner Violence Forced to Participate in Crimes: Some Thoughts on the Potential Application of Discrimination Law

The University of Auckland Faculty of Law Research Paper Series Forthcoming
Number of pages: 20 Posted: 04 Oct 2024
Julia Tolmie and Jane Calderwood Norton
University of Auckland - Faculty of Law and University of Auckland
Downloads 14 (1,182,676)

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sex discrimination, intersectional discrimination, compulsion, duress, intimate partner violence

23.

Considering Victim Safety When Sentencing Intimate Partner Violence Offenders

The University of Auckland Faculty of Law Research Paper Series Forthcoming
Number of pages: 32 Posted: 06 Nov 2024
Julia Tolmie
University of Auckland - Faculty of Law
Downloads 13 (1,195,449)

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sentencing, intimate partner violence, victim safety in sentencing

24.

Criminalising Parenting Through the Omissions Provisions: An Expanding Creep?

Number of pages: 34 Posted: 28 Oct 2024
Julia Tolmie, Fleur Te Aho and Katherine Doolin
University of Auckland - Faculty of Law, University of Auckland - Faculty of Law and University of Auckland - Faculty of Law
Downloads 13 (1,195,449)

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Criminal law, parental neglect, expanding criminalisation, parenting omissions

25.

Thinking Differently in Order to See Accurately: Explaining Why We Are Convicting Women We Might Otherwise Be Burying

NZWLJ | 2020, The University of Auckland Faculty of Law Research Paper Series Forthcoming
Number of pages: 28 Posted: 16 Oct 2024
Julia Tolmie
University of Auckland - Faculty of Law
Downloads 13 (1,195,449)

Abstract:

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homicide, self-defence, intimate partner violence

26.

Defending Battered Defendants on Homicide Charges in New Zealand: The Impact of Abolishing the Partial Defences to Murder

Number of pages: 26 Posted: 31 Oct 2024
Julia Tolmie
University of Auckland - Faculty of Law
Downloads 9 (1,241,810)

Abstract:

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homicide, intimate partner violence, self-defence, defences to homicide

27.

New Zealand

The University of Auckland Faculty of Law Research Paper Series Forthcoming
Number of pages: 39 Posted: 10 Oct 2024
Julia Tolmie, Denise Wilson and Rachel Smith
University of Auckland - Faculty of Law, Auckland University of Technology and University of Auckland
Downloads 6 (1,268,970)

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mortality review processes, family violence death review, family violence homicides

28.

Intoxication and criminal liability in New South Wales: A random patchwork?

The University of Auckland Faculty of Law Research Paper Series Forthcoming
Number of pages: 20 Posted: 10 Oct 2024
Julia Tolmie
University of Auckland - Faculty of Law
Downloads 6 (1,268,970)

Abstract:

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intoxication, criminal law, criminal defences

29.

Pacific Asian Immigrant and Refugee Women Who Kill Their Batterers: Telling Stories that Illustrate the Significance of Specificity

Number of pages: 42 Posted: 13 Sep 2024
Julia Tolmie
University of Auckland - Faculty of Law
Downloads 5 (1,276,229)

Abstract:

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, Self defence, Victim-survivors of family violence, homicide

30.

He's Just Swapped His Fists for the System: The Governance of Gender Through Custody Law

The University of Auckland Faculty of Law Research Paper Series Forthcoming
Posted: 11 Nov 2024
Julia Tolmie, Vivienne Elizabeth and Nicola Gavey
University of Auckland - Faculty of Law, Independent and University of Auckland

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family law, child care and contact arrangements, gender

31.

Between a Rock and a Hard Place: Resident Mothers and the Moral Dilemmas they Face During Custody Disputes

The University of Auckland Faculty of Law Research Paper Series Forthcoming
Posted: 11 Nov 2024
Julia Tolmie, Vivienne Elizabeth and Nicola Gavey
University of Auckland - Faculty of Law, Independent and University of Auckland

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family law, child care and contact arrangements, gender, mothers

32.

Understanding Intimate Partner Violence: Why Coercive Control Requires a Social and Systemic Entrapment Framework

Violence Against Women, volume 30, issue 1, 2024[10.1177/10778012231205585], The University of Auckland Faculty of Law Research Paper Series Forthcoming
Posted: 14 Oct 2024
Julia Tolmie, Rachel Smith and Denise Wilson
University of Auckland - Faculty of Law, University of Auckland and Auckland University of Technology

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intimate partner violence, coercive control, entrapment, coercive control, social and systemic entrapment

33.

Uncertainty and Potential Overreach in the New Zealand Common Purpose Doctrine

New Zealand Universities Law Review, Vol. 26, December 2014, The University of Auckland Faculty of Law Research Paper Series Forthcoming
Posted: 07 Oct 2024
Julia Tolmie
University of Auckland - Faculty of Law

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party liability, parasitic accessorial liability, common purpose doctrine

34.

Fathers' Rights Groups in Australia and their Engagement with Issues in Family Law

The University of Auckland Faculty of Law Research Paper Series Forthcoming
Posted: 07 Oct 2024
Julia Tolmie and Miranda Kaye
University of Auckland - Faculty of Law and University of Technology Sydney (UTS)

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family law, fathers rights groups

35.

Criminalising Parental Failures: Documenting Bias in the Criminal Justice System

New Zealand's Women Law Journal, 2019, The University of Auckland Faculty of Law Research Paper Series Forthcoming
Posted: 16 Sep 2024
Julia Tolmie, Fleur Te Aho and Katherine Doolin
University of Auckland - Faculty of Law, University of Auckland - Faculty of Law and University of Auckland - Faculty of Law

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Parental failures, Criminalising parental omissions, Criminal omissions, Duty to protect, Bias in the criminal law

36.

Battered Woman Syndrome in Australia: A Challenge to Gender Bias in the Law?

The University of Auckland Faculty of Law Research Paper Series Forthcoming
Posted: 09 Sep 2024
Julia Tolmie and Julie Stubbs
University of Auckland - Faculty of Law and University of New South Wales (UNSW, Australia) - Faculty of Law

Abstract:

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battered woman syndrome, defences to homicide, violence against women

37.

Falling Short of the Challenge? A Comparative Assessment of the Australian use of Expert Evidence on the Battered Woman Syndrome

The University of Auckland Faculty of Law Research Paper Series Forthcoming
Posted: 09 Sep 2024
Julia Tolmie and Julie Stubbs
University of Auckland - Faculty of Law and University of New South Wales (UNSW, Australia) - Faculty of Law

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battered woman syndrome, homicide, self-defence, social context evidence

38.

Victim-survivors of intimate partner violence who are forced to participate in crimes: Are they treated fairly in the criminal law?

Number of pages: 257
University of Auckland - Faculty of Law, University of Auckland - Faculty of Law and Auckland University of Technology
Downloads 0

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Intimate partner violence, Compulsion, Duress of circumstances

39.

Victim-survivors of intimate partner violence forced to participate in crimes: Some thoughts on the potential application of discrimination law

Number of pages: 21 Last Revised: 11 Mar 2025
Jane Calderwood Norton and Julia Tolmie
University of Auckland - Faculty of Law and University of Auckland - Faculty of Law
Downloads 0

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Discrimination law, Criminal defences, Intimate partner violence, Compulsion, Necessity

40.

Race, Gender and the Battered Woman Syndrome: An Australian Case Study

Julia Tolmie and Julie Stubbs
University of Auckland - Faculty of Law and University of New South Wales (UNSW, Australia) - Faculty of Law

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homicide, Race and gender, Victim-survivors of intimate partner violence, Self-defence