Law Commission seeks submissions on improving law for victims who commit homicide

The New Zealand Law Commission is calling for submissions on improving the law relating to victims of family violence who commit homicide. Consultation closes on 18 December 2015.

In an issues paper Victims of Family Violence Who Commit Homicide, published on 11 November 2015, the Law Commission raises key questions of:

• Whether the law of self-defence for victims of family violence should be reformed
• Whether New Zealand should introduce a new partial defence (that would reduce murder to manslaughter) for victims of family violence
• Whether there should be changes to sentencing and evidence law, and education on family violence for judges, lawyers and juries.

Lead Commissioner Dr Wayne Mapp said: "When victims of family violence kill their abusers, they are often acting in response to years of physical, sexual and psychological abuse. We have been asked by the Minister of Justice to review the law in respect of victims of family violence who commit homicide. These victims are usually charged with murder. Homicide is one of the most important areas of the criminal law and it may not adequately recognise the position of victims of family violence. This area of the criminal law is complex and raises difficult questions. It is crucial that we hear from all interested parties. We need to know what people think about these important issues."

A summary of the issues paper is also available. More information on the review is available in a previous Clearinghouse news story and additional information on the Law Commission website.

Media

Partial provocation defence would create major issues - Law Society, Radio NZ, 20.01.2016

Issues Paper may awaken provocation debate, Law Society, 12.11.2015

Should domestic violence victims have a murder defence?, Radio NZ, 12.11.2015

Family violence defence worth looking at - advocates, Radio NZ, 12.11.2015

Proposed law change for domestic violence victims, Paul Henry, 12.11.2015

Issues Paper looks at violence victims who kill, Law Society, 11.11.2015

Law Commission reviews defences for victims who kill, Sunday Star Times, 11.11.2015

Law for victims who kill reviewed, Otago Daily Times, 11.11.2015

Law Commission review: Women who kill abusers could face lesser charges, NZ Herald, 11.11.2015

Abuse victims who kill may avoid murder charge, 3 News, 11.11.2015

Killers of abusers may avoid murder charge, NZ City, 11.11.2015

Call for public feedback on self defence law, NewsTalk ZB, 11.11.2015

Image: Texte 4 mains, by Jérôme Dessommes - Écrivains Consult. Licence: Public Domain Dedication.