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R139 Understanding family violence: Reforming the criminal law relating to homicide
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Contents
General information
Letter to the Minister
Foreword
Acknowledgements
Summary
Introduction
A better understanding of family violence
A change to the law of self-defence
Greater recognition of reduced culpability
No partial defence to murder
Changes to sentencing for homicide
Conclusion
Chapter 1 - Scope, context and approach
Introduction
Context of this review
Scope of this project
Our approach
Chapter 2 - Understanding family violence
Introduction
The different forms of family violence
Evolving understanding of intimate partner violence
Contemporary understanding of family violence
Improving understanding of family violence
Chapter 3 - The legal context
Introduction
Homicide law
Summary of our case review
Conclusion
Chapter 4 - The law reform context
Introduction
Previous New Zealand Law Commission Reports
Reform in other jurisdictions
Chapter 5 - Self-defence in New Zealand
Introduction
The theory of self-defence
History of self-defence in New Zealand
Operation of self-defence in New Zealand
Chapter 6 - Self-defence and family violence - is there a problem?
Introduction
The role of gender in the development of self-defence
Persisting misconceptions
Imminence of the threat and lack of alternatives
Proportionality
Self-defence in other jurisdictions
The role of battered woman syndrome evidence
Submitters’ views on whether there is a problem
The Commission’s view
Chapter 7 - Proposals to reform self-defence
Introduction
Proposals for substantive reform
Proposals for procedural reform
Other procedural matters
Chapter 8 - The conceptual framework for reduced culpability
Introduction
Setting the scene: Two illustrative cases
Options for recognising reduced culpability
Conclusion
Chapter 9 - Observations from the cases
Introduction
Conviction outcomes
Sentencing outcomes
Conclusion
Chapter 10 - Is a partial defence justified?
Introduction
overview of the submissions
Arguments for a partial defence
Arguments against a partial defence
What would a partial defence look like?
A specific homicide offence
Conclusions and recommendation
Chapter 11 - Sentencing for homicide
Introduction
The approach of the Sentencing Act 2002
Overview of the submissions
The purposes of sentencing
Mitigating factors under the Sentencing Act
Specific issues in sentencing for murder
Sentencing for manslaughter
The three strikes provisions
Appendix A - Terms of reference
Appendix B - List of submitters on the Issues Paper
Appendix C - Recommendations
Appendix D - Glossary of terms
Next page
R139 Understanding family violence: Reforming the criminal law relating to homicide
General information
Letter to the Minister
Foreword
Acknowledgements
Summary
Introduction
A better understanding of family violence
A change to the law of self-defence
Greater recognition of reduced culpability
No partial defence to murder
Changes to sentencing for homicide
Conclusion
Chapter 1 - Scope, context and approach
Introduction
Context of this review
Scope of this project
Our approach
Chapter 2 - Understanding family violence
Introduction
The different forms of family violence
Evolving understanding of intimate partner violence
Contemporary understanding of family violence
Improving understanding of family violence
Chapter 3 - The legal context
Introduction
Homicide law
Summary of our case review
Conclusion
Chapter 4 - The law reform context
Introduction
Previous New Zealand Law Commission Reports
Reform in other jurisdictions
Chapter 5 - Self-defence in New Zealand
Introduction
The theory of self-defence
History of self-defence in New Zealand
Operation of self-defence in New Zealand
Chapter 6 - Self-defence and family violence - is there a problem?
Introduction
The role of gender in the development of self-defence
Persisting misconceptions
Imminence of the threat and lack of alternatives
Proportionality
Self-defence in other jurisdictions
The role of battered woman syndrome evidence
Submitters’ views on whether there is a problem
The Commission’s view
Chapter 7 - Proposals to reform self-defence
Introduction
Proposals for substantive reform
Proposals for procedural reform
Other procedural matters
Chapter 8 - The conceptual framework for reduced culpability
Introduction
Setting the scene: Two illustrative cases
Options for recognising reduced culpability
Conclusion
Chapter 9 - Observations from the cases
Introduction
Conviction outcomes
Sentencing outcomes
Conclusion
Chapter 10 - Is a partial defence justified?
Introduction
overview of the submissions
Arguments for a partial defence
Arguments against a partial defence
What would a partial defence look like?
A specific homicide offence
Conclusions and recommendation
Chapter 11 - Sentencing for homicide
Introduction
The approach of the Sentencing Act 2002
Overview of the submissions
The purposes of sentencing
Mitigating factors under the Sentencing Act
Specific issues in sentencing for murder
Sentencing for manslaughter
The three strikes provisions
Appendix A - Terms of reference
Appendix B - List of submitters on the Issues Paper
Appendix C - Recommendations
Appendix D - Glossary of terms
Next page