Criminal Law Forum, 2016, 27: 417–442

‘‘Battered women’’[1] as defendants pose a universal problem for legal systems.[2] However, unlike English law which retains the defence of provocation alongside diminished responsibility, New Zealand’s legal regime does not have sufficient flexibility to deal with the culpability of these defendants. Arguably other jurisdictions have similar problems, although there is data to suggest that the New Zealand criminal justice system’s response to these defendants is more punitive than, for example, Australia’s or Canada’s.[3] This article suggests an approach that moves away from a focus on the violence perpetrated against defendants toward a holistic approach that focuses on coercive control as it affects criminal responsibility. While the emphasis of
this article is on the New Zealand position, where relevant it will reference Australian, Canadian and South African authorities as the article ultimately proposes a framework that could be adapted for use in other jurisdictions as well as New Zealand. (Author's abstract). #6555