Ritically analyse the extent to which self defence should be reformed to recognise the plight of abused women who kill their partners.

Please ensure that you correctly cite all cases and academic opinion.
Poor referencing will impact upon your grade.
Present your essay in at least 12 font and 1 A? line spacing.
Research
a? Utilise the wide range of databases available
a? Family Law Online
a? Lexis, Westlaw
a? Hein Online
a? Jstor
a? Swetswises
a? students are expected to engage in independent research. This will impact upon your mark!
a? Use monographs and articles more than textbooks
a? Spend time drawing up lists of key words
a? Encouraged to draw upon commentary in other disciplines
a? A good essay always:
a? Answers the question
a? Develops a clear and sound argument
a? Provides supporting evidence for the arguments made
a? Demonstrates an informed selection of appropriate information, theories and issues
a? Shows relationships between different and sometimes conflicting information, theories and issues
a? Illustrates an understanding of the subject by commenting on other peopleas ideas and views, and a?pulling them togethera
a? Uses appropriate evidence and relevant examples
a? Shows you can develop alternative explanations or proposals
a? Shows reflection and thought
a? Draws conclusions without simply repeating what has gone before
a? Is well structured and has given consideration to a?the readera
a? Is written with well-constructed sentences and paragraphs
a? Refers to a wide variety of (contemporary) academic sources
a? Selects appropriate quotations to back up ideas
a? Uses the required referencing style with accuracy
a? Proof read your essay!
a? Producing your essay
a? Spend time working on your structure/essay plan
a? This will ensure a coherent answer
a? Essays should have:
a? Introduction
a? Main body
a? Conclusion
a? introduction
a? Sets the scene
a? Indicates key points
a? Provides the framework upon which you build the essay
a? Write the introduction last
a? Main body
a? Provides the main and subsidiary points raised by your interpretation of the question
a? Bulk of your evidence
a? Critical analysis of the issues and points
a? Occasionally remind the reader of the relevance of a point, illustrate why it links with the whole the essay
a? Logical flow
a? Group sentences relating to one area of your argument into paragraphs
a? Link each paragraph
a? conclusion
a? Summarises the main section
a? Ties together the main points
a? Draws the readeras attention to the links and implications
a? Reminds the reader of what you set out to answer in the introduction
a? Basic errors
a? Badly structured essays
a? Incoherent sentences
a? Overly long paragraphs
a? Lack of referencing
a? Evidence of a lack of research and thought
a? Bad grammar and spelling
a? Overreliance on quotations
a? Not addressing the question
a? Sentences that donat make sense due to lack of thorough proof reading
a? Strange/ incorrect word choices due to misuse of thesaurus!


DOMESTIC HOMICIDE
INTRODUCTION
Homicide committed within intimate relationships
Generally women kill less than men, and women are more likely to be killed by their partner or ex partner.
Main issue of concern perceived discrepancy between the legal treatment of men who kill their partners and the legal treatment of women who kill their partners.
65% of women murdered in England and Wales killed by partner/ex-partner compared to 11% of men

Case studies:
Leslie Humes (2002)
Paul Dalton (2005)
David Cummergon (2002)
Joanne Cole (2001)
Kirsty Scamp (2006)

McColgan A:
a?a¦for every example of a woman who kills in circumstances where she fears for her life at the hands of her abuser and receives a significant custodial sentence, examples may be found of men who kill a?nagginga, unfaithful or departing wives or girlfriends, and who escape comparatively lightly.a?
a?General Defencesa? in Nicolson D & Bibbings L ed Feminist Perspectives on Criminal Law [Cavendish; London] p. 148
LEGAL ACCEPTANCE OF DOMESTIC VIOLENCE

Eighteenth Century the law condoned the use of violence by men in order to ensure his authoritarian position within the family.
Blackstoneas Commentaries held family life to be within the private sphere, and thus outside the legitimate scope of the law, as opposed to public acts which may cause damage to society.

Independent Police Complaints Commission Annual Report and Statement of Accounts
i  Growing number of complaints re VAW
i  Number of alleged cases alleged that the police or other statutory agencies failed to protect women from violence or abuse
DOMESTIC HOMICIDE REVIEWS
Domestic Violence, Crime and Victims Act 2004
S9(1)a¦.Domestic Homicide Review means a review of the circumstances in which the death of a person aged 16 or over has, or appears to have, resulted from violence, abuse or neglect by a
a) a person to whom he was related or with whom he was or had been in an intimate personal relationship, or
b) a member of the same household as himself
held with a view to identifying the lessons to be learnt from the death.
Home Office Guidance for the Domestic Reviews under the Domestic Violence, Crimes and Victim Act 2004 [Home Office; June 2004]
PROVOCATION
Horder J Provocation and Responsibility [Clarendon Press; Oxford; 1992] p. 194
a?a¦male-centred perspective that the reduction of an intentional killing from murder to manslaughter is capable of being regarded as a compassion to human infirmity.a?

Homicide Act 1957 Section 3 (Repealed 4th October 2010)
1) accused must have suffered a loss of self-control the subjective, factual requirement,
2) the provocation must be sufficient so to cause a reasonable person to act in the same manner the objective, evaluative requirement.

Loss Of Self Control
R v Duffy (1949) 1 All ER 932 Devlin J:
a?Provocation is some act or series of acts, done by the dead man to the accused, which would cause in any reasonable man, and actually causes in the accused, a sudden and temporary loss of self control, rendering the accused so subject to passion as to make him or her for the moment not master of his mind.a?

R v Ahluwalia [1993] 96 Cr App R 133
a?Time for reflection may show that after the provocative conduct makes its impact on the mind of the defendant, he or she kept or regained self control. The passage of time following the provocation may also show that the subsequent attack was planned or based on motives, such as revenge or punishment, inconsistent with the loss of self control and therefore with the defence of provocation.a?

a?[j]ust as the lighting of fuses and exploding bomb are tropes which feature in male action movies which exclude the perspectives of women, this characterisation of anger does not include the emotions experienced by many battered women.a?
Young A a?Conjugal Homicide and Legal Violence: A Comparative Analysisa? Osgood Hall LJ 31 (1991) 761 pg 771

Cumulative Provocation
Waisk a?Cumulative Provocation and Domestic Killinga? Crim LR (1982) 29-37 pg 29:
a?....a course of cruel or violent conduct by the deceased, often in a violent setting, lasting over a substantial period of time, which cumulates in the victim of that conduct...intentionally killing the tormentor.a?

R v Duffy [1949] 1 All ER 932 Devlin J
a?...the further removed an incident is from the crime the less it countsa.
Ibrams [1982] 74 Cr App R 154
R v Humphrey [1995] 4 All ER 1008

Objective Test: would a reasonable person react in the same manner?
Taylor a?Provoked Reason in Men and Women; Heat of Passion Manslaughter and Imperfect Self Defencea? UCLA L Rev 33 (1986) 1679 pg 1690: standards of reasonableness within the law developed solely in relation to ideal man.

R v Camplin [1978] AC 705 Lord Diplock:
a?The reasonable man...is a person having the power and control to be expected of an ordinary person of the sex and age of the accused, but in other respects sharing such of the accusedas characteris