THE OUTDATED DEFENCE OF NON-VIOLENT HOMOSEXUAL ADVANCE: AUSTRALIAN PROVOCATION REFORM AND LESSONS FOR ENGLISH HOMICIDE LAW

被引:0
|
作者
Clough, Amanda [1 ]
Fitz-Gibbon, Kate [2 ]
机构
[1] Northumbria Univ, Northtunbria Sch Law, City Campus East 1, Newcastle Upon Tyne NE1 8ST, Tyne & Wear, England
[2] Monash Univ, Monash Gender & Family Violence Prevent Ctr, Fac Arts, Clayton, Vic 3800, Australia
来源
关键词
homosexual advance defence; provocation defence; loss of control; criminal law reform; manslaughter; murder; NEW-SOUTH-WALES; SEXUAL INFIDELITY; MURDER; ENGLAND;
D O I
暂无
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The focus of this article is the nature of the non-violent homosexual advance within the partial defences to murder. Tracing the use of this type of incident as provocative conduct in recent years alongside recent reforms introduced in two Australian state jurisdictions, this article argues that there is no justification for such use of the defences. It explores two Australian models of reform: the exclusionary reform approach and the outright abolition of use of the non-violent homosexual advance to build a defence. It examines the limits of the Coroners and Justice Act 2009 and explores opportunities for law reform in England and Wales. The authors suggest a two-limbed role reversal test to effectively minimise the misuse of the defence.
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页码:121 / 141
页数:21
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