Provocation in New South Wales : the need for abolition

Fitz-Gibbon, Kate 2012, Provocation in New South Wales : the need for abolition, Australian and New Zealand journal of criminology, vol. 45, no. 2, pp. 194-213, doi: 10.1177/0004865812443681.

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Title Provocation in New South Wales : the need for abolition
Author(s) Fitz-Gibbon, Kate
Journal name Australian and New Zealand journal of criminology
Volume number 45
Issue number 2
Start page 194
End page 213
Total pages 20
Publisher Sage Publications
Place of publication London, England
Publication date 2012-07
ISSN 0004-8658
Keyword(s) homicide law reform
intimate partner homicide
lethal domestic violence
partial defence of provocation
Summary Over the past two decades significant debate has emerged surrounding the operation of the partial defence of provocation. Such debates have led to its abolition in several Australian and international jurisdictions where Government and Law Commission bodies have argued that provocation has operated in a gender biased way that is no longer reflective of community values and expectations of justice. In contrast to the Australian states of Tasmania, Victoria and Western Australia, who have transferred consideration of provocation to sentencing, New South Wales (NSW) has retained provocation as a partial defence to murder. Drawing upon in-depth interviews conducted with legal stakeholders and an analysis of recent case law, this article considers whether the operation of provocation in NSW is still in the best interests of justice, and, specifically, whether in practice it privileges one gender above the other. This research concludes that the continued operation of provocation in NSW raises key issues surrounding the legitimisation of male violence against women, the denial and minimisation of the harm caused by lethal domestic violence, and the continued inability of the law to appropriately respond to women who kill in the context of prolonged family violence.
Language eng
DOI 10.1177/0004865812443681
Field of Research 160203 Courts and Sentencing
160299 Criminology not elsewhere classified
Socio Economic Objective 940403 Criminal Justice
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2012, SAGE publishers
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Document type: Journal Article
Collections: Faculty of Arts and Education
School of Humanities and Social Sciences
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Created: Tue, 17 Jul 2012, 10:25:21 EST by Kate Fitz-Gibbon

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