scholarly journals The role of loss of self-control in defences to homicide: a critical analysis of Anglo-Australian developments

2021 ◽  
Vol 72 (2) ◽  
Author(s):  
Heather Douglas ◽  
Alan Reed
Keyword(s):  
New South ◽  
Self Control ◽  
Law Reform ◽  
Abused Women ◽  
Loss Of Control ◽  
The Past ◽  
Loss Of Self ◽  
South Wales ◽  
The Subject

The provocation defence has been the subject of legislative reform in England and Australia over the past 10 years. In England, it was abolished by section 56 of the Coroners and Justice Act 2009 and replaced with a partial defence of loss of control. In Australia, the provocation defence has been abolished in some states and significantly reformed in others. One of the key challenges for law reform has been how to ensure homicide defences are not overly restrictive for abused women who kill their abuser, while at the same time ensuring that homicide defences are not overly expansive for domestic abusers who ultimately kill their partner. With these challenges in mind, we critically examine the operation of the loss of control defence in England. There has been significant reform to the provocation defence across Australia, and, in this article, we also focus on the most recent reforms in Queensland and New South Wales. We conclude with some suggestions for further reform.

Battered Women, Startled Householders and Psychological Self-Defence: Anglo-Australian Perspectives

2013 ◽  
Vol 77 (5) ◽  
pp. 433-457 ◽  
Author(s):  
Nicola Wake
Keyword(s):  
Criminal Justice ◽  
Battered Women ◽  
New South ◽  
New South Wales ◽  
Self Control ◽  
Loss Of Control ◽  
Loss Of Self ◽  
South Wales ◽  
Self Defence

This article provides a timely and critical reappraisal of the interconnected, but discrete, doctrines of loss of self-control, under ss 54–56 of the Coroners and Justice Act 2009, and self-defence within s. 76 of the Criminal Justice and Immigration Act 2008. The loss of control conceptualisation renders it difficult for defendants to claim the partial defence where exculpatory self-defence has been rejected, and fear of serious violence is adduced. This doctrinal incoherence has been exacerbated by the fact that s. 43 of the Crime and Courts Act 2013 effectively legitimises the use of disproportionate force in self-defence, but only in ‘startled householder’ cases. A more appropriate avenue of reform is provided by developments in Australian jurisdictions. This comparative extirpation engages the introduction of a new partial defence of self-preservation/psychological self-defence predicated on the notion of excessive utilisation of force in self-defence as in New South Wales, supplemented with a ‘social framework’ provision, akin to that in Victoria. The new defence would avoid the problems associated with requiring the abused woman to establish a loss of self-control and/or affording an affirmative defence in ‘startled householder’ cases.

Changing the Rules on Bail: An Analysis of Recent Legislative Reforms in Three Australian Jurisdictions

2020 ◽  
Vol 43 (2) ◽  
Author(s):  
Lachlan Auld ◽  
Julia Quilter
Keyword(s):  
Justice System ◽  
New South ◽  
High Volume ◽  
Fundamental Rights ◽  
Law Reform ◽  
Systematic Analysis ◽  
Policy Tool ◽  
South Wales ◽  
The Subject ◽  
Legislative Reforms

Bail decisions are a high-volume and hugely consequential component of the Australian criminal justice system, and yet, laws governing access to bail have rarely been the subject of systematic analysis. This article sheds new light on how bail laws have changed and what this reveals about how and why governments employ the criminal law as a public policy tool. Working with a dataset of 71 statutes enacted in New South Wales, Queensland and Victoria during the 10-year period between 2009 and 2018, we employ a combination of quantitative and qualitative analysis to illuminate key features and patterns. Our main findings are that bail law remains an active site of statutory reform, and that the object of mitigating harm- risk routinely takes priority over the fundamental rights of the accused. As a consequence, the strong trajectory of contemporary bail law reform has been to restrict rather than expand access to bail.

Reform of Administrative Law Remedies — Method or Madness?

1975 ◽  
Vol 6 (2) ◽  
pp. 340-366
Author(s):  
David Mullan
Keyword(s):  
Nova Scotia ◽  
New South ◽  
Common Law ◽  
New South Wales ◽  
Administrative Law ◽  
Civil Procedure ◽  
The Past ◽  
South Wales ◽  
The Subject

In the past few years, the subject of administrative law remedies has been studied intensively in many common law jurisdictions. In this article, David Mullan examines the various reforms and proposals for reform and concludes that none is completely satisfactory and indeed that some compound previous problems and create new ones as well Nevertheless, he sees some merit in the New South Wales and Nova Scotia solutions which emerged as part of a general reform of the civil procedure rules and not as a separate statutory enactment.

The homosexual advance defence in Australia: An examination of sentencing practices and provocation law reform

2018 ◽  
Vol 51 (4) ◽  
pp. 576-592
Author(s):  
Rebecca McGeary ◽  
Kate Fitz-Gibbon
Keyword(s):  
New South ◽  
New South Wales ◽  
Self Control ◽  
Law Reform ◽  
High Court ◽  
Lethal Violence ◽  
Legal Response ◽  
South Wales ◽  
High Court Of Australia ◽  
Judicial Treatment

In May 2015, the judgment of the High Court of Australia in Lindsay v The Queen reignited debate surrounding the use of the partial defence of provocation in cases involving a non-violent homosexual advance. Lindsay re-established the legal possibility that a man provoked enough to lose self-control and commit lethal violence in response to a non-violent homosexual advance could be convicted of manslaughter by reason of provocation rather than murder. The judgment arrived in the midst of two decades of national law reform activity, whereby all Australian jurisdictions have either introduced or proposed reform to abolish or restrict the application of the controversial partial defence of provocation. In doing so, cases involving a homosexual advance defence are increasingly shifting to the realm of sentencing. This article offers a timely analysis of the sentencing of homosexual advance defence cases in New South Wales and Queensland. In doing so, it examines the judicial treatment of a defendant’s claim of a ‘special sensitivity’ to a homosexual advance, problems arising from the private nature of an alleged homosexual advance and the treatment of intoxication in sentencing. It reveals that reform of legal categories alone may not be sufficient in ensuring a just legal response to homicides incited by alleged homosexual advances.

Third Aboriginal Barrister

1979 ◽  
Vol 7 (4) ◽  
pp. 29-29
Keyword(s):  
Vietnam War ◽  
Technical College ◽  
New South ◽  
New South Wales ◽  
Black Children ◽  
White Child ◽  
The Past ◽  
South Wales ◽  
The Subject ◽  
The University

Mr Robert Bellear, of Sydney, who is the subject of our cover picture, is the third Australian Aboriginal to become a fully qualified, university-educated barrister and, appropriately, was admitted to the New South Wales Bar on National Aborigines Day, July 13th, this year.Mr Bellear holds the degree of B. Juris. LLB. of the University of New South Wales, where he studied for five years. Earlier he had studied at Sydney Technical College to complete a matriculation certificate, qualifying him to undertake university studies.His wife, whom he married in 1966, is the former Miss Kay Williams, a Victorian. Mr and Mrs Bellear adopted three black children and fostered another three – two black teenagers and one white child – during his seven-year period of study.Mr Bellear was born at Murrumburrah, New South Wales, on June 27th, 1944, the second eldest in a family of nine children. When he was half-way through the fifth year of high school studies, he joined the Royal Australian Navy. During nine years of service in the Navy, he became a trade-fitter and turner, boiler-maker and deep-sea diver. He left the Navy in 1968, because of his attitude towards Australia’s involvement in the Vietnam War.Mr Bellear has been active in the Aboriginal movement for the past ten years and has held executive positions in organizations like the Aboriginal legal and medical services. He started a $3 million Aboriginal housing company in Redfern, an inner Sydney suburb with a large Aboriginal population, which now houses 60 Aboriginal families. He and his wife started the Aboriginal Children’s Service.

scholarly journals Shopping Centres, Cycling Accessibility and Planning—The Case of Nova Lund in Sweden

Urban Science ◽  
2020 ◽  
Vol 4 (4) ◽  
pp. 70
Author(s):  
Till Koglin ◽  
Lucas Glasare
Keyword(s):  
Conflicts Of Interest ◽  
Current Situation ◽  
Decision Makers ◽  
Power Structures ◽  
Literature Study ◽  
Shopping Centre ◽  
The Past ◽  
Whole Process ◽  
The Subject

This paper evaluates the history and cycling accessibility of Nova, a shopping centre established in Lund, Sweden, in 2002. The current situation was also analysed through observation and a literature review. Moreover, the study conducted a closer analysis of the history and role of the municipality based on further literature study and interviews with officials. The conclusion of the analysis indicates poor and unsafe bikeways caused by conflicts of interest between politicians, officials, landowners and the general public. It also depicts a situation in which the municipality’s master plan has been ignored, and, in contrast to the local goals, cycling accessibility at Nova has seen no significant improvement since the shopping centre was first established. The reasons for this, arguably, are a relatively low budget for bikeway improvements in the municipality, as well as a situation in which decision-makers have stopped approaching the subject, as a result of the long and often boisterous conflicts it has created in the past. Lastly, it must be noted that it is easy to regard the whole process of Nova, from its establishment to the current situation, as being symptomatic of the power structures between drivers and cyclists that still affect decision-makers at all levels.

scholarly journals Tocopherols and Tocotrienols—Bioactive Dietary Compounds; What Is Certain, What Is Doubt?

2021 ◽  
Vol 22 (12) ◽  
pp. 6222
Author(s):  
Kacper Szewczyk ◽  
Aleksandra Chojnacka ◽  
Magdalena Górnicka
Keyword(s):  
Vitamin E ◽  
Metabolic Disorders ◽  
Tissue Concentration ◽  
Biological Properties ◽  
Biological Role ◽  
Future Research ◽  
The Past ◽  
The Subject ◽  
The Relationship

Tocopherols and tocotrienols are natural compounds of plant origin, available in the nature. They are supplied in various amounts in a diet, mainly from vegetable oils, some oilseeds, and nuts. The main forms in the diet are α- and γ-tocopherol, due to the highest content in food products. Nevertheless, α-tocopherol is the main form of vitamin E with the highest tissue concentration. The α- forms of both tocopherols and tocotrienols are considered as the most metabolically active. Currently, research results indicate also a greater antioxidant potential of tocotrienols than tocopherols. Moreover, the biological role of vitamin E metabolites have received increasing interest. The aim of this review is to update the knowledge of tocopherol and tocotrienol bioactivity, with a particular focus on their bioavailability, distribution, and metabolism determinants in humans. Almost one hundred years after the start of research on α-tocopherol, its biological properties are still under investigation. For several decades, researchers’ interest in the biological importance of other forms of vitamin E has also been growing. Some of the functions, for instance the antioxidant functions of α- and γ-tocopherols, have been confirmed in humans, while others, such as the relationship with metabolic disorders, are still under investigation. Some studies, which analyzed the biological role and mechanisms of tocopherols and tocotrienols over the past few years described new and even unexpected cellular and molecular properties that will be the subject of future research.

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