Type:	Journal Article
Title:	Battered women's syndrome and self-defence
Other Titles:	Law Institute journal
Authors:	Hale, Andrew McClure, Paul Borg, Corinne
Keywords:	Advocacy;Psychological abuse;Legal issues;Homicide;Legislation analysis
Year:	2006
Publisher:	Law Institute of Victoria
Citation:	80 (4), April 2006
Notes:	This article summarises legislation and case law on self-defence and the battered women’s syndrome, and recent amendments to the law of murder in Victoria. Legislative amendment has codified and clarified the type and extent of evidence admissible to support a battered woman’s claim of self-defence when charged with murdering her abusive partner. It gives an overview of the law on self-defence and describes battered women’s syndrome. It looks at relevant case law. The Victorian Law Reform Commission’s review of defences to homicide and recommendations are outlined. It explains that the Crimes (Homicide) Act:2005 (Vic) came into operation in November 2005, and amends the Crimes Act:to define, for the first time in Victorian legislation, the law of self-defence. It discusses Section 9AH which provides for a person to raise self-defence or defence of another with deadly force “in circumstances where family violence is alleged”, and where a person “may believe, and may have reasonable grounds for believing” that their conduct is necessary, even if the harm to them is “not immediate” or if the force used is excessive. This section also allows for the admission into evidence of psychological, relationship, socio-economic, cultural and other factors for the conduct. These legislative amendments allow a jury to consider evidence relating to battered women’s syndrome and the cumulative effect of abuse. Expert evidence includes both subjective and objective elements. It argues that the evidentiary and legal difficulties experienced by Heather Osland at her trial have now been redressed. It suggests that Victorian laws now allow a woman who holds an honest belief that her life is at risk to rely on self-defence, including battered women’s syndrome.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/13593
ISSN:	0023-9267
Appears in Collections:	Journal Articles

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