Battered Woman Defense - Australia

Australia

In Australia, self-defence might be considered the most appropriate defence to a charge of murder for a woman who kills to protect her life or the lives of her children in a domestic violence context. It is about the rational act of a person who kills in order to save her (or his) own life. But the lack of success in raising self-defence in Australia for battered women has meant that provocation has been the main focus of the courts In 2005, based on the Victorian Law Reform Commission's Defences to Homicide: Final Report, the Victorian government announced changes to the homicide laws in that jurisdiction, which are intended to address this perceived imbalance. Under the new laws, victims of family violence will be able to put evidence of their abuse before the court as part of their defence, and argue self-defence even in the absence of an immediate threat, and where the response of killing involved greater force than the threatened harm.

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