Web resource:	http://www.judcom.nsw.gov.au/publications/research-monographs-1/monograph28/monograph28.pdf/at_download/file
Type:	Non-Fiction
Title:	Partial defences to murder in New South Wales : 1990-2004Monograph series (Judicial Commission of New South Wales)
Authors:	Donnelly, Hugh Indyk, Sam Keane, Jason
Keywords:	Homicide;Legal issues;Legislation analysis
Year:	2006
Publisher:	Judicial Commission of New South Wal
Citation:	No. 28
Notes:	General Overview: This NSW empirical report examines partial defences for murder in NSW for the period 1990 – 2004. Partial defences (e.g. provocation, substantial impairment and excessive self-defence) can reduce a crime of murder to manslaughter. Objectives: The report seeks to address some of the recurring questions raised by the reform of partial defences, including: Information is provided about these cases, with regard to the number of offenders who had the partial defence accepted or rejected, the features of offenders who were convicted and sentenced for manslaughter on the basis of a partial defence, and the sentencing outcomes for offenders sentenced to manslaughter. Results: In the specific context of domestic violence cases, the following findings are presented. There were 25 victims who were killed by an intimate partner, where the partial defence of diminished responsibility or substantial impairment was made by the defendant. Of these there were 17 female victims where the offender was male, and 8 male victims where the offender was female. In at least 4 cases a male offender was sentenced under a partial defence for killing a female partner in a domestic violence relationship. However, these were heard under the previous diminished responsibility regime. There were at least 4 cases where a woman killed her male partner, in the context of a prolonged relationship of domestic violence. There were 13 cases where an offender successfully claimed provocation in the context of violence committed by the victim against the offender in domestic violence. Women were the offenders in 10 of these cases, who killed their partner after a history of physical abuse. There has been no increase in the number of women successfully claiming this defence after the recognition of domestic violence as ‘cumulative provocation’. There were 2 cases of female offenders who killed in response to male violence, where a partial defence of excessive self-defence was made. Only 1 claimed battered woman syndrome but was unsuccessful. Since the introduction of excessive self defence as a partial defence in 2002, all defendants have been successful using this defence. The report concludes that any reform proposal needs to take into consideration the historical development of partial defences and how they have adapted to current community expectations. They should not be viewed in isolation from other partial defences or from the law of homicide as a whole.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/11449
ISBN:	9780731356140
Physical description:	96 p. ; 30 cm.
Appears in Collections:	Books

Items in ANROWS library are protected by copyright, with all rights reserved, unless otherwise indicated.