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Reforming defences to homicide in Victoria: another attempt to address the gender question

Naylor, Bronwyn and Tyson, Danielle 2017, Reforming defences to homicide in Victoria: another attempt to address the gender question, International journal for crime, justice and social democracy, vol. 6, no. 3, pp. 72-87, doi: 10.5204/ijcjsd.v6i3.414.

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Title Reforming defences to homicide in Victoria: another attempt to address the gender question
Author(s) Naylor, Bronwyn
Tyson, DanielleORCID iD for Tyson, Danielle orcid.org/0000-0001-9439-567X
Journal name International journal for crime, justice and social democracy
Volume number 6
Issue number 3
Start page 72
End page 87
Total pages 16
Publisher Crime and Justice Research Centre, School of Justice, Faculty of Law, Queensland University of Technology
Place of publication Brisbane, Qld.
Publication date 2017-09-01
ISSN 2202-7998
2202-8005
Keyword(s) Provocation
Self-defence
Law and gender
Feminist critique
Homicide law reform
Summary In 2005 in the Australian state of Victoria, significant changes were made to the defences to homicide. These reforms were in response to long standing concerns about the gendered operation of provocation and self-defence by feminist researchers and advocates, Law Reform Commissions, the media and political pressures. This paper critically examines the reforms and the extent to which they have addressed these varied concerns and interests. The paper argues that these important law reforms have challenged some of the powerful narratives being used in the courts that minimise the existence and significance of family violence in intimate relationships. We see this particularly in judicial sentencing remarks. However, law reform must be accompanied by a shift in legal culture to be effective in practice. To this end, we argue that legal professionals need to have information about how to utilise the new family violence provisions as well as ongoing training and professional development to promote consistent understandings of family violence across the criminal justice system.
Language eng
DOI 10.5204/ijcjsd.v6i3.414
Field of Research 160203 Courts and Sentencing
Socio Economic Objective 940405 Law Reform
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2017, The Authors
Free to Read? Yes
Use Rights Creative Commons Attribution licence
Persistent URL http://hdl.handle.net/10536/DRO/DU:30091372

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Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.