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‘His home is his castle. And mine is a cage’ : a new partial defence for primary victims who kill Nicola Wake

By: Wake, Nicola.
Material type: materialTypeLabelArticleSeries: Northern Ireland Legal Quarterly.Publisher: Northern Ireland Legal Quarterly, 2015Subject(s): DOMESTIC VIOLENCE | HOMICIDE | INTIMATE PARTNER VIOLENCE | JUSTICE | | SELF DEFENCE | VICTIMS OF DOMESTIC VIOLENCE | AUSTRALIA | NEW ZEALAND | UNITED KINGDOMOnline resources: Click here to access online In: Northern Ireland Legal Quarterly, 2015, 66(2): 151-177Summary: The author proposes a new partial defence for the primary victim in murder/manslaughter cases be introduced in New Zealand and the Australian state of Victoria. The author proposes an entirely new defence predicated on a fear of serious violence and several threshold filter mechanisms designed to accommodate the circumstances of primary victims. Elements of this paper were presented to the Sydney Law School, Institute of Criminology (Nicola Wake, ‘Extreme Provocation and Loss of Control: Comparative Perspectives’ 18 March 2015). Record #4794
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Northern Ireland Legal Quarterly, 2015, 66(2): 151-177

The author proposes a new partial defence for the primary victim in murder/manslaughter cases be introduced in New Zealand and the Australian state of Victoria. The author proposes an entirely new defence predicated on a fear of serious violence and several threshold filter mechanisms designed to accommodate the circumstances of primary victims. Elements of this paper were presented to the Sydney Law School, Institute of Criminology (Nicola Wake, ‘Extreme Provocation and Loss of Control: Comparative Perspectives’ 18 March 2015). Record #4794