RLC and Sydney Women’s Domestic Violence Court Advocacy Service (Sydney WDVCAS) made a submission to the Legislative Council Select Committee Inquiry into the partial defence of provocation.
The submission recommended that the partial defence of provocation be abolished and the law of self-defence be reformed to reflect community standards and to adequately address the social context of women who kill violent partners, taking into account circumstances of domestic violence. We supported the Australian and NSW Law Reform Commission recommendation that state and territory criminal legislation should ensure that defences to homicide accommodate the experiences of family violence victims who kill, recognising the dynamics and features of family violence.
Criticism of the statutory defence had been widespread, including claims that the defence favours proprietary, violent men, privileges a loss of self-control and promotes a culture of blaming the victim.
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