annotated bibliography of new zealand research into family violence

See: www.nzfvc.org.nz/13311.pubTopic Areas: Intimate partner abuse, Women, Victims/survivors, Violence against men,Justice, Legislation, Cultural factorsAbstract: This article aims to assess the recommendations made in the New Zealand LawCommission Report No. 73, Some Criminal Defences with Particular Reference to BatteredDefendants, released in 2001, about the legal argument for battered defendants who kill theirviolent mate. Strengths and limitations of these recommendations are identified andelaborated upon. Previously, ‘imminence of danger’ was fundamental to a self-defence legalargument. However, the Law Commission’s report suggests that ‘imminence’ should nolonger be a requirement for a self-defence argument; instead it should be changed to‘unavoidable anticipated danger’, and this article discusses reasons in support of this.Additionally, due to the complex nature of intimate partner abuse, the term ‘battered womansyndrome’ is not inclusive of all the impacts on a victim of this type of violence. Therefore,the author supports the recommendation that ‘battered woman syndrome’ as a defence maynot always be helpful for victims of partner violence. Furthermore, the article discusses how amandatory life sentence for murder can pressure battered defendants into pleading guilty formanslaughter in order to prevent harsher sentencing. The author also supports the LawCommission’s recommendation of abolishing this mandatory minimum sentencing.Limitations pertaining to the 2001 report are discussed, including the cursory nature ofcultural inclusion in these cases, and difficulties in determining self-defence. There is also adiscussion of potential pitfalls in reviewing individual cases where women have already beensentenced for homicide. A number of international cases that employed the recommendations,and those that relate to the limitations of the Law Commission’s report, are discussed tohighlight advantages of the aforementioned legislative reforms.Tolmie, J. (2005). Is the partial defence an endangered defence? Recent proposals to abolishprovocation. New Zealand Law Review, (1), 25-52.See: www.nzfvc.org.nz/13317.pubTopic Areas: Intimate partner abuse, Homicide, Women, Justice, Legislation, GenderAbstract: This article investigates the ramifications of the abolition of partial defence underthe Sentencing Act (2002). The author contends that the partial defence argument isimperative for victims of domestic violence who kill their abusive partners. Without thisdefensive argument, ‘battered defendants’ who kill their abusers will be facing murder asopposed to manslaughter charges. The article discusses the complex nature of domesticviolence, and how the courts must consider the social, economic and cultural context ofmurder in this instance. The defence of provocation may be used by defendants to reduceculpability in some homicide cases, and the author argues that this applies in the case ofbattered women who kill their partners in self-defence. However, the defence of provocationhas differing interpretations and is often used to normalise male violence towards their femalepartners. The author suggests the definition of defence of provocation must be clarified inlegislation to expunge any misdirection of legal argument.Toney, S. M. (2004). Battered Woman Syndrome and self defence in New Zealand and the UnitedStates. Te Awatea Review, 2(2), 8-10.See: www.nzfvc.org.nz/12959.pubTopic Areas: Intimate partner abuse, Physical abuse, Psychological/emotional abuse,Women, Justice, Mental health175