Essay question*Victims of domestic violence, who kill their abusers,can now adequately rely upon the defence of self-defence in Victoria'Do you agree? Explain why or why not, referring to...

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Answered 5 days AfterApr 27, 2022RMIT University

Answer To: Essay question*Victims of domestic violence, who kill their abusers,can now adequately rely upon the...

Ananya answered on May 02 2022
108 Votes
Running Head: CRIMINAL LAW                                1
2
CRIMINAL LAW
Table of Contents
Introduction    3
The Crimes (Homicide) Act 2005 & 2014    3
My Argument on the Topic    5
Conclusion    8
Bibliography    9
Introduction
The violence someone experiences through the member of his/her close group of people is termed as domestic violence. The abuser is present within t
he victim’s domestic circle such as his/her family member, neighbour, relative, or friends. The abuser mainly causes the violence to satisfy their mental needs, which is primarily drawn by an altered psychology.
Such domestic violence on a person is a crime, which includes physical abuse, mental abuse, emotional abuse, and sexual abuse. It alters the state of mind of the victims as they experience trauma, anxiety and depression through the abuse caused on them. Such trauma leads them to become aggressive in nature.
Besides, often they tend to kill their abusers out of self-defence or just to take revenge. In Victoria, the victims can now rely on the self-defence action according to the reformed legislation against the Abolition of Defensive Homicide Act Amendment in 2014. We will be further analysing such condition of the law reform.
The Crimes (Homicide) Act 2005 & 2014
The Crimes Amendment Act, which was reformed in 2014, allows the victim to take case in their hands by killing the abuser and avoid conviction of murder[footnoteRef:1]. The amended law also states that the type of the injuries and its details will help the jury to judge the act of the self-defence to provide justice to the victim. [1: Parliament Of Victoria - Crimes Amendment (Abolition of Defensive Homicide) Bill 2014", Parliament.Vic.Gov.Au (Webpage, 2022) .]
Therefore, a victim’s guideline is created to generate the reasonability of the act. The gender equality can be addressed through the reformed amendment[footnoteRef:2]. The homicide law is preferable to both the genders whoever is experiencing a domestic violence. However, the minister stated that the law has paved the way of murder in violent confrontation where the use of weapons is addressed. The provocative murders are also being considered as an act of self-defence, which is the loophole in the reformation. [2: Bronwyn Naylor and Danielle Tyson, "Reforming Defences To Homicide In Victoria: Another Attempt To Address The Gender Question" (2017) 6(3) International Journal for Crime, Justice and Social Democracy]
Though there are several gaps in the amendment, the better side constitutes of the identification of the several types of domestic violence bring bringing them into concern for trials. The abusers are considered accountable for the act of murder. The bill has removed the complex thought process regarding such crimes.
The law reformation was first approached by Victorian government in 2005 as the Homicide Act to create a new provision for the domestic violence, which a woman faces in their family[footnoteRef:3]. The act was reformed, and the criteria of self-defence were included against the act of violence from the family members, which they experienced. [3: Avrida Jan, "Violence against Women with Special Reference to Domestic Violence Act, 2005" (2019) Volume-3(Issue-3) International Journal of Trend in Scientific Research and Development]
Such reformation brought a revolution in...
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