Abstract
While Victoria, New South Wales (NSW) and England and Wales have adopted divergent approaches to reforming the partial defence of provocation, a uniform concern to emerge following the implementation of each reform package has related to the consequential over-complication of the law of homicide. This disquiet is certainly not new to the law of homicide, which has continually been plagued by concerns relating to its complication. For more than two decades, socio-legal, criminology and law scholars have questioned the extent of such complications and the consequential inability of juries to grasp the detailed intricacies of the legal tests inherent in partial and complete defences to murder. This chapter offers an insight into this debate by considering the experiences and perceptions of those working within the legal system.
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© 2014 Kate Fitz-Gibbon
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Fitz-Gibbon, K. (2014). Complicating the Law of Homicide. In: Homicide Law Reform, Gender and the Provocation Defence. Palgrave Macmillan, London. https://doi.org/10.1057/9781137357557_11
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DOI: https://doi.org/10.1057/9781137357557_11
Publisher Name: Palgrave Macmillan, London
Print ISBN: 978-1-349-47080-8
Online ISBN: 978-1-137-35755-7
eBook Packages: Palgrave Social Sciences CollectionSocial Sciences (R0)