Criminal Defences: Battered Defendants

Start date
05 May 1999
Status
Closed
Phone
04 473 3453
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Project Overview

The purpose of this project is to examine how the existing New Zealand law applies to those who commit criminal acts in circumstances where they are victims of domestic violence, in particular, the defences of self-defence, provocation, duress and necessity.

Terms of Reference 

The terms of reference, approved by the Minister of Justice, are to: 

  • examine how the existing New Zealand law applies to those who commit criminal acts in circumstances where they are victims of domestic violence,  in particular, the defences of self-defence, provocation, duress and  necessity; 
  • consider developments and proposals in other jurisdictions, in particular, the defences of self-preservation, diminished responsibility and judicial discretion in sentencing for murder; 
  • make proposals for reform, if appropriate.