This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.theguardian.com/world/2014/jun/22/victoria-will-scrap-defensive-homicide-and-offer-simpler-test-for-self-defence

The article has changed 2 times. There is an RSS feed of changes available.

Version 0 Version 1
Victoria will scrap 'defensive homicide' and offer simpler test for self-defence Victoria will scrap 'defensive homicide' and offer simpler test for self-defence
(2 months later)
Victoria plans to abolish its “defensive homicide” law, originally intended to aid victims of domestic violence, which the state government claims has allowed killers to dodge murder convictions.Victoria plans to abolish its “defensive homicide” law, originally intended to aid victims of domestic violence, which the state government claims has allowed killers to dodge murder convictions.
The Coalition state government will introduce legislation to scrap the self-defence law, which allows defendants to claim they killed someone to protect themselves.The Coalition state government will introduce legislation to scrap the self-defence law, which allows defendants to claim they killed someone to protect themselves.
The government said the law has been used as a defence by people who had no justifiable reason for attacking their victim. It will also bring in a clearer, simpler test for self defence in trials, so that actions not deemed reasonable will see the perpetrator convicted of murder.The government said the law has been used as a defence by people who had no justifiable reason for attacking their victim. It will also bring in a clearer, simpler test for self defence in trials, so that actions not deemed reasonable will see the perpetrator convicted of murder.
The defensive homicide law was introduced in 2005 primarily for cases when women killed partners who were physically violent.The defensive homicide law was introduced in 2005 primarily for cases when women killed partners who were physically violent.
However, Robert Clark, Victoria’s attorney general, said the law had been “hijacked” by violent men looking to avoid murder convictions.However, Robert Clark, Victoria’s attorney general, said the law had been “hijacked” by violent men looking to avoid murder convictions.
“The law on defensive homicide has failed to work as intended and instead it is wide open to offenders using it to escape full responsibility where they deserve to be convicted of murder,” Clark said.“The law on defensive homicide has failed to work as intended and instead it is wide open to offenders using it to escape full responsibility where they deserve to be convicted of murder,” Clark said.
“The law has proven difficult and confusing to apply in practise, leading to results that often seem unjust and contrary to common sense, where offenders who have inflicted horrific attacks on victims have nonetheless argued they acted in self-defence.” “The law has proven difficult and confusing to apply in practise, leading to results that often seem unjust and contrary to common sense, where offenders who have inflicted horrific attacks on victims have nonetheless argued they acted in self-defence.”
Labor said it would consider the merits of the legislation. Since the suspension of maverick independent MP Geoff Shaw, the Victorian parliament is deadlocked at 43 votes each to the Coalition and the opposition.Labor said it would consider the merits of the legislation. Since the suspension of maverick independent MP Geoff Shaw, the Victorian parliament is deadlocked at 43 votes each to the Coalition and the opposition.
Dr Debbie Kirkwood, a researcher at the Domestic Violence Resource Centre Victoria, told Guardian Australia she has “plenty of concerns” about the plan to scrap the defensive homicide law.Dr Debbie Kirkwood, a researcher at the Domestic Violence Resource Centre Victoria, told Guardian Australia she has “plenty of concerns” about the plan to scrap the defensive homicide law.
“When women kill violent partners, it’s very difficult for them to run a successful self-defence argument, which is why defensive homicide is so important,” she said.“When women kill violent partners, it’s very difficult for them to run a successful self-defence argument, which is why defensive homicide is so important,” she said.
“There isn’t a good understanding of domestic violence in the community or in the legal profession. It’s very hard for people to understand how a woman could kill a partner who threatens their lives, or their children’s lives.”“There isn’t a good understanding of domestic violence in the community or in the legal profession. It’s very hard for people to understand how a woman could kill a partner who threatens their lives, or their children’s lives.”
Kirkwood said an analysis of eight cases of women killing their partners since 2005 indicates they would have been convicted of murder without the defensive homicide option. Defensive homicide allows for a lesser prison sentence than murder.Kirkwood said an analysis of eight cases of women killing their partners since 2005 indicates they would have been convicted of murder without the defensive homicide option. Defensive homicide allows for a lesser prison sentence than murder.
“The government is clearly worried about men using defensive homicide when they kill other men, but they need to find a way to restrict men using this defence rather than scrap the whole thing. Some women will be significantly disadvantaged if they get rid of this.”“The government is clearly worried about men using defensive homicide when they kill other men, but they need to find a way to restrict men using this defence rather than scrap the whole thing. Some women will be significantly disadvantaged if they get rid of this.”