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Homicide law reform in Victoria, Australia from provocation to defensive homicide and beyond

Fitz-Gibbon, Kate and Pickering, Sharon 2012, Homicide law reform in Victoria, Australia from provocation to defensive homicide and beyond, British journal of criminology, vol. 52, no. 1, pp. 159-180, doi: 10.1093/bjc/azr060.

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Title Homicide law reform in Victoria, Australia from provocation to defensive homicide and beyond
Author(s) Fitz-Gibbon, Kate
Pickering, Sharon
Journal name British journal of criminology
Volume number 52
Issue number 1
Start page 159
End page 180
Total pages 22
Publisher IRL Press at Oxford University Press
Place of publication Oxford, England
Publication date 2012-01
ISSN 1464-3529
0007-0955
Keyword(s) homicide law reform
provocation
defensive homicide
Summary Homicide law reform surrounding the partial defences to murder currently animates legal stakeholders in Australia and the United Kingdom, particularly in relation to cases of lethal intimate partner violence. In 2005, the Victorian Government implemented a series of homicide law reforms, central to which was the abolition of the partial defence of provocation and the instatement of an offence of defensive homicide. This article, based on a larger qualitative research study with British, Victorian and New South Wales legal stakeholders, explores experiences and perceptions of reforms in Victoria. An analysis of the impact of homicide law reform, using Hudson's principles of discursiveness and reflectiveness as a framework for analysis, reveals some dissonance between the intent and outcomes of these legal reforms. This study concludes that reforms crafted to counter gender bias in the operation of homicide law have produced mixed results for female victims of intimate partner homicide and related case law.
Language eng
DOI 10.1093/bjc/azr060
Field of Research 180110 Criminal Law and Procedure
Socio Economic Objective 970118 Expanding Knowledge in Law and Legal Studies
HERDC Research category C1.1 Refereed article in a scholarly journal
Copyright notice ©2012, Oxford University Press
Persistent URL http://hdl.handle.net/10536/DRO/DU:30043975

Document type: Journal Article
Collection: School of Humanities and Social Sciences
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Created: Thu, 05 Apr 2012, 11:00:11 EST by Kylie Koulkoudinas

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