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Archive
2019
February
March
April
May
June
July
August
September
October
Historical trauma and whānau violence webinar
Focus Group: What is working well in the ED response to family violence
Family Violence and Sexual Violence Work Programme eUpdate
Release of Oranga Tamariki Practice Review
Job Vacancy at RPE: Professional Development Lead
New Backbone Collective survey open on longer term support and services
Historical trauma and whānau violence webinar: recording now available
Children in New Zealand Communities Survey (2019)
CPAG Summit 2019. Whakamana Tāngata: Where to from here?
Workshop: Exploring motivational interviewing
Group Facilitation Training – Intermediate
Waitematā Family Focus Group Presents: An update from the Ministry of Health
Child and Youth Wellbeing update - November 2019
Weekly Media Roundup
Family violence - The new Act: Legal education session
New report reveals barriers to prosecution and conviction for sexual violence cases
New wellbeing resources from Le Va; government work to support Pacific families
How to Talk about Child and Family Wellbeing: A Toolkit, 2019
Sexual Violence Landscape - Andrea Black 2019 Workshop Series 2
Boost for Māori and Pacific mental health and addiction services
New Zealand Crime and Victims Survey Cycle 1 (2018) Key Findings
Grandparents Raising Grandchildren Newsletter October 2019
Worker Safety and Well-being - Two workshops with facilitator Dr Nicki Weld
Law Commission Report on victims who commit homicide
May 13, 2016 at 10:02 AM
Understanding Family Violence: Reforming the Criminal Law Relating to Homicide
The New Zealand Law Commission has released its report 'Understanding Family Violence: Reforming the Criminal Law Relating to Homicide'. The Law Commission makes recommendations for changes to the criminal law to better serve victims of family violence who kill their abusers.
New Zealand has the highest reported rate of family violence in the developed world. Half of all homicides in this country happen within families and most occur within intimate partner relationships. Overwhelmingly, intimate partner homicides are committed by men, who have a history of using violence to exercise control over their partner.
By contrast, it is in only a small number of cases – less than five per cent of all homicides in New Zealand – that victims of family violence kill their abusers. Most are women who have endured years of trauma and abuse.
The Law Commission has found that fair treatment of these cases requires deeper knowledge of the nature and dynamics of family violence. Otherwise, the circumstances can be misunderstood, or the history of violence minimised, which can lead to unjust legal outcomes for these defendants.
The Law Commission recommends:
- Continued education to support an improved understanding of family violence among judges, lawyers and Police.
- Reforms to the Crimes Act 1961 and Evidence Act 2006 to improve the accessibility of self-defence to victims of family violence.
- Reforms to the Sentencing Act 2002 to promote consistent consideration of a history of family violence as a mitigating factor in sentencing.
- That the Ministry of Justice consider how the “three strikes” legislation applies to victims of family violence who commit homicide and how it could be amended to allow judges to impose a sentence other than life imprisonment in deserving cases.
Related media:
Abused may get new self-defence law - Radio NZ
Law reforms could improve self defence rights of domestic violence victims - Newstalk ZB
Changing rights of abuse victims won't fix our domestic violence problem - lawyer - One News
