An article published this week in the latest issue of Criminology and Criminal Justice reveals judicial and legal practitioner support for the abolition of the mandatory life sentence in the English criminal justice system. This blog post provides an overview of the research findings, access the full article here.
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.
This month the Home Secretary Theresa May MP announced a major review in England and Wales of how police respond to domestic violence. The much-needed review comes in the wake of several high profile cases of women killed by former male partners with a recorded history of violence against women. These cases, including the deaths of Clare Wood and Maria Stubbings, have rightly led to community concern as to why victims of domestic violence are not better responded to, and protected, by the police.
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.
Provocation is a partial defence to murder, which has attracted controversy and critique in every Australian criminal justice system except South Australia … until now.
Courtesy of concerns surrounding the ‘gay panic’ defence, South Australia has joined the provocation debate and has already begun to take steps to minimising the application of this controversial law.
Provocation is a partial defence to murder which where successfully raised reduces what would otherwise be murder to manslaughter. A reduction in culpability that has a significant impact in sentencing. It is based on the premise that a degree understanding should be afforded to those who lose their self-control and perpetrate lethal violence in response to provocative conduct on the part of the victim, or a third party.
In less than a year, the Australian LNG landscape has gone from a feeling of euphoria to one of increasing negativity and pessimism. There is no doubt that the pendulum of sentiment tends to overshoot both extremes – the scale of the exuberance of 2010-2012 was, in hindsight, unjustified and unprecedented in the global LNG arena. Similarly, the pervasive pessimism today may be self-destructive if left unchecked. However, I will argue that some degree of caution is the prudent strategy when facing increasing uncertainty, and may be better for the long term competitiveness of the Australian LNG industry.
THE community outrage at the fact Adrian Bayley was free to kill Jill Meagher is justified. But the focus of the outrage shouldn't be on the parole board for not rescinding Bayley's parole (for offending while on parole). It should be on the fact Bayley was given only 11 years' jail with a minimum of eight years for the brutal rape of five women, after having been jailed previously for rape.
That an offender could be imprisoned for as little as eight years for gratuitously and violently stripping five women of their sexual integrity highlights the catastrophic failings of our sentencing (anti)-system.
This article was first published at The Conversation on the 29th May 2013
For the full article, please see: https://theconversation.com/legitimising-lethal-male-violence-why-defens...
This article was first published at The Conversation on the 24th April 2013.
Yesterday, the NSW parliamentary Select Committee on the Partial Defence of Provocation released its final report. The report contains a set of recommendations for reforming a defence that has long attracted criticism.
This opinion piece first appeared in the Sydney Morning Herald on 20 February 2013.
On Wednesday, the Select Committee of the NSW Parliamentary Inquiry into the partial defence of provocation will release its final report recommending reform to a law that has long animated debate and attracted criticism.