This article was first published at The Conversation on 4th October 2013
The Victorian Department of Justice has released its long-awaited review into the operation of the controversial offence of defensive homicide. The Consultation Paper proposes the offence's abolition on the basis that it is "inherently complex", "has no clear benefit" for women who kill in the context of family violence and has been "inappropriately" used by men who kill.
Last month the Victorian Premier Denis Napthine, Victoria Police Chief Commissioner Ken Lay, Lord Mayor Robert Doyle and AFL chief Andrew Demetriou came together to encourage the Victorian community to ‘take a stand’ against family violence. Part of a family violence campaign, the ‘Take a Stand’ initiative focuses on reducing family violence through increased awareness and by encouraging members of the community to take responsibility for preventing and reporting incidents of family violence.
In urging the community to take a stand against family violence and to end the veil of silence that often surrounds this type of victimisation, it is important that a clear message on the unacceptability of family violence is sent from the highest levels of our criminal justice system. The courts and members of the judiciary can play a key role in denouncing the use of violence within the home and ensuring that a central message is sent to the community that domestic violence will not tolerated and will not be excused by our justice system.