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R v Middendorp

Version 2 2024-06-04, 08:04
Version 1 2015-02-03, 14:22
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posted on 2024-06-04, 08:04 authored by K Fitz-Gibbon, Danielle TysonDanielle Tyson, J McCulloch
In Western jurisdictions, the partial defence of provocation has provoked legal and social controversies. Criminologists, legal and feminist scholars contend that the intersection of the legal conditions for the defence and socially gendered roles systematically disadvantages battered women while privileging men who argue a ‘loss of control’ in intimate partner homicides. As Howe notes, the ‘[d]evastating feminist critiques of the age-old concession to “passion” in the form of homicidal fury unleashed on women by furious men are now legion.’ Nonetheless, the mobilisation of gendered assumptions in intimate partner homicides continues to be a critical area of gendered injustice. There have been many law reform campaigns seeking meaningful change in judgments and case outcomes in Australia and internationally. R v Middendorp is a 2010 case resulting from one law reform effort in Victoria, which introduced a new category of homicide with the explicit goal of better responding to lethal violence in the context of family violence. The Middendorp case exposes the ongoing difficulties of achieving gendered justice through law reform.

History

Chapter number

20

Pagination

325-338

ISBN-13

9781849465212

ISBN-10

1849465215

Language

Eng

Publication classification

BN Other book chapter, or book chapter not attributed to Deakin

Copyright notice

2014, Hart Publishing

Extent

27

Editor/Contributor(s)

Bartlett F, Luker T, Douglas H, Hunter R

Publisher

Hart Publishing

Place of publication

Oxford UK

Title of book

Australian feminist judgments : Righting and rewriting the law

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