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Bargaining with defensive homicide : examining Victoria's secretive plea bargaining system post-law reform

Flynn, Asher and Fitz-Gibbon, Kate 2011, Bargaining with defensive homicide : examining Victoria's secretive plea bargaining system post-law reform, Melbourne University Law Review, vol. 35, no. 3, pp. 905-932.

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Title Bargaining with defensive homicide : examining Victoria's secretive plea bargaining system post-law reform
Author(s) Flynn, Asher
Fitz-Gibbon, Kate
Journal name Melbourne University Law Review
Volume number 35
Issue number 3
Start page 905
End page 932
Total pages 28
Publisher Melbourne University Law Review Association
Place of publication Melbourne, Vic.
Publication date 2011
ISSN 0025-8938
Keyword(s) homicide law reform
plea bargaining
defensive homicide
murder
Summary In November 2005, the Victorian government introduced a series of homicide law reforms, central to which was the implementation of a new offence of defensive homicide. The reforms followed from significant debate surrounding the use of the partial defence of provocation, particularly in relation to male-perpetrated intimate homicides. Since the new offence was implemented in 2005, a pattern of plea deals to defensive homicide has emerged, which, due to the private nature of plea bargaining in Victoria, has created difficulties in understanding how the offence is operating in practice. Informed by 63 interviews conducted with Victorian legal professionals, this article argues that greater transparency and scrutiny of plea bargaining is needed in Victoria in order to increase public confidence in the administration of justice, and to enable an informed understanding of why these cases are perceived and ultimately treated by the Crown as a less serious form of homicide.
Language eng
Field of Research 180102 Access to Justice
180110 Criminal Law and Procedure
Socio Economic Objective 940405 Law Reform
HERDC Research category C1.1 Refereed article in a scholarly journal
Copyright notice ©2011, Melbourne University Law Review Association Inc.
Persistent URL http://hdl.handle.net/10536/DRO/DU:30048367

Document type: Journal Article
Collection: School of Humanities and Social Sciences
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Created: Mon, 10 Sep 2012, 16:32:32 EST by Kate Fitz-gibbon