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

Abstract

This article examines the Australian use of expert testimony concerning battered woman syndrome (BWS) with particular reference to self-defence as compared with Canadian and United States experience. The authors examine recent developments in North America which move beyond narrow constructions of BWS towards recognition of the need for broader "social framework evidence" to assist juries and the judiciary to better assess the reasonableness of a defendant's claim of self-defence. They argue that by comparison, although Australian courts have been receptive to evidence concerning BWS, the nature and use of evidence concerning battering and its effects have been narrowly construed. Notwithstanding the recent decision in Osland v The Queen, the authors conclude that Australia still lacks a leading decision which demonstrates clearly why evidence concerning battering and its effects might have value in self-defence cases or other contexts.

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