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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

28 Pages Posted: 7 Feb 2013 Last revised: 28 Jun 2013

Elizabeth A. Sheehy

University of Ottawa - Common Law Section

Julie Stubbs

University of New South Wales (UNSW, Australia) - Faculty of Law

Julia Tolmie

University of Auckland

Date Written: January 21, 2013

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.

Suggested Citation

Sheehy, Elizabeth A. and Stubbs, Julie and Tolmie, Julia, Defences to Homicide for Battered Women: A Comparative Analysis of Laws in Australia, Canada and New Zealand (January 21, 2013). (2012) 34 Sydney Law Review 467; UNSW Law Research Paper No. 2013-7. Available at SSRN: https://ssrn.com/abstract=2212113

Elizabeth A. Sheehy

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

Julie Stubbs (Contact Author)

University of New South Wales (UNSW, Australia) - Faculty of Law ( email )

Sydney, NSW 2052
Australia

Julia Tolmie

University of Auckland ( email )

Private Bag 92019
Auckland
New Zealand

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