CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, February 14, 2013

Sheehy, Stubbs & Tolmie on Defences to Homicide for Battered Women

Elizabeth A. Sheehy Julie Stubbs and Julia Tolmie (University of Ottawa - Faculty of Law (Common Law) , University of New South Wales (UNSW, Australia) - Faculty of Law and University of Auckland) have posted Defences to Homicide for Battered Women: A Comparative Analysis of Laws in Australia, Canada and New Zealand ((2012) 34 Sydney Law Review 467) on SSRN. Here is the abstract:

This article takes stock of what is happening in the defence of battered women who are charged with homicide across three jurisdictions – Australia, Canada and New Zealand. In Part 1 the current legal requirements for the most relevant defences in all three jurisdictions are briefly outlined, with a focus on those legal developments that are likely to assist in the defence of battered women. In Part 2 general trends in how homicide cases involving accused battered women were resolved from 2000 to 2010 in the three jurisdictions are examined. This analysis suggests that further work is needed to improve the legal response to these kinds of cases, but that the changes needed are not necessarily in the area of statutory reform.

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