It's a Man's World : Claims of Provocation and Automatism in 'Intimate' Homicides  

Oleh:

McSherry, Bernadette

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: Melbourne University Law Review vol. 29 no. 3 (Dec. 2005), page 905-929.
Topik: AUTOMATISM; provocation; automatism; homicides

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: MM70 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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Isi artikel

Men who kill in the context of ‘sexual intimacy’ may claim that they were provoked into losing self - control because of their estranged partner’s words, infidelity or actions in leaving the relationship, or that they were unable to control their conduct because they received a ‘psychological blow’ that led to a state of dissociation. This article analyses a number of recent Australian cases dealing with provocation and automatism in order to address the question of whether a relationship breakdown should be considered a sufficient factor to exculpate an accused, either partially or totally, from criminal responsibility. It will examine the Victorian Law Reform Commission’s recent recommendations that the defence of provocation should be abolished and the current law pertaining to automatism be retained. It is argued that the ambit of claims of provocation or automatism should be restricted such that the breakdown of a relationship should not be sufficient to enable an accused to be completely acquitted or partially excused from criminal responsibility.

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