Please use this identifier to cite or link to this item: https://anrows.intersearch.com.au/anrowsjspui/handle/1/16044
Record ID: adab2287-33d5-4cfd-acaf-f4369dcb0538
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dc.contributor.authorTolmie, Juliaen
dc.date.accessioned2022-06-30T23:23:16Z-
dc.date.available2022-06-30T23:23:16Z-
dc.date.issued1997en
dc.identifier.citation19 (4), December 1997en
dc.identifier.issn0082-0512en
dc.identifier.urihttps://anrows.intersearch.com.au/anrowsjspui/handle/1/16044-
dc.languageenen
dc.publisherFaculty of Lawen
dc.subjectCALD (culturally and linguistically diverse)en
dc.subjectHomicideen
dc.subject.otherCulturally and Linguistically Diverse / Migrant / Refugee communitiesen
dc.titlePacific-Asian immigrant and refugee women who kill their batterers: telling stories that illustrate the significance of specificityen
dc.title.alternativeThe Sydney law reviewen
dc.typeJournal Articleen
dc.identifier.catalogid2030en
dc.subject.keywordnew_recorden
dc.subject.keywordNationalen
dc.subject.keywordWalesen
dc.subject.keywordJournal article/research paperen
dc.subject.keywordNew South Walesen
dc.subject.keywordInternationalen
dc.subject.readinglistCulturally and Linguistically Diverse / Migrant / Refugee communitiesen
dc.description.notesReviews two recently decided cases involving Pacific Asian women who either killed or attempted to kill their violent partners, highlighting the inability of existing legal concepts of self defence to adequately position the actions of the accused within an understanding of intersectional and multiple forms of oppression and disadvantage. The NSW case of Muy Ky Chhay, a Cambodian immigrant, is examined first. It is argued that her failure to successfully raise self defence was due primarily to a failure by the court, to acknowledge her particular positioning, at the interface of different hierarchies of oppression, in assessing her claim. A similar argument is put forth for the New Zealand case of The Queen v Zhou, in which self defence was successfully raised with the support of evidence of battered woman syndrome, but no recognition was made of the specific nature of disadvantage experienced by the accused. It is suggested that in both cases, the argument of self defence in response to charges of murder or attempted murder was not realistically assessed because the ways in which race and gender converge to make the accused circumstances uniquely vulnerable, were not taken into account.en
dc.identifier.sourceThe Sydney law reviewen
dc.date.entered2002-06-05en
dc.publisher.placeUniversity of Sydneyen
Appears in Collections:Journal Articles

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