: 2010 Vol 35(3): Walking in her shoes - Battered women who kill

2010 Vol 35(3): Walking in her shoes - Battered women who kill SKU2731

Legal studies exercise based on the article 'Walking in her shoes: Battered women who kill in Victoria, Western Australia and Queensland' by Anthony Hopkins and Patricia Easteal: (2010) 35(3) Alternative Law Journal pp 132-137.

In the light of the common law doctrine of self-defence in Australia, this article considers legislative reforms in Victoria, Western Australia and Queensland to determine the extent to which they require judges and jurors to walk in the shoes of battered women in pursuit of an evaluation of reasonableness. It will be argued that, with the exception of Queensland, which has emphasised the necessity to judge reasonableness from the perspective of the battered woman only in so far as this may enable a verdict of murder to be reduced to manslaughter, the reforms have clarified or extended the common law position.

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