Type:	Journal Article
Title:	Domestic homicide and the defence of provocation: a Tasmanian perspective on the jealous husband and the battered wife
Other Titles:	University of Tasmania law review
Authors:	Bradfield, Rebecca
Keywords:	Homicide;Criminal justice responses
Year:	2000
Publisher:	School of Law, University of Tasmania
Citation:	19 (1), 2000
Notes:	Argues that the law of provocation, a partial defence to unpremeditated murder, has been developed in response to male standards and experiences and therefore does not enable the accurate telling of the story of the battered wife. Instead, it is tailored to the needs of the jealous husband. Case studies are used to highlight the gendered nature of the defence, particularly in relation to spousal homicide. A detailed analysis of the current requirements of the law of provocation in Tasmania is provided. Recent reforms to laws in other jurisdictions are discussed and their potential utility in Tasmanian courts suggested. Concludes that there is a need for a shift and expansion in legal paradigms and definitions of what it means to be provoked, if it is not to remain a ‘deeply sexed excuse’.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/14286
ISSN:	822108
Appears in Collections:	Journal Articles

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