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 OZschwitz: Losing provocation defense could harm abused women

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OZschwitz: Losing provocation defense could harm abused women Vide
PostSubject: OZschwitz: Losing provocation defense could harm abused women   OZschwitz: Losing provocation defense could harm abused women Icon_minitimeWed Aug 29, 2012 6:14 pm
''BATTERED'' women who kill their abusive husbands will be disadvantaged and are more likely to be jailed for murder if the defence of provocation is abolished, several lawyers have warned a parliamentary inquiry.

OZschwitz: Losing provocation defense could harm abused women Art353manpreetkaur300x0



Senior legal opinion was divided yesterday at a heated hearing about whether to retain, abolish or amend the partial defence of provocation, which allows murder charges to be reduced to manslaughter in cases where it is established the attacker lost control based on actions or words of the victim.

The inquiry was sparked by a recent provocation case in NSW where Chamanjot Singh cut the throat of his wife, Manpreet Kaur, eight times after she reportedly threatened to leave him and have him deported. He was convicted of manslaughter.

The Director of Public Prosecutions, Lloyd Babb, SC, called for its abolition, agreeing that it engendered a ''culture of blaming the victim''.
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But representatives from the NSW Bar Association and NSW Law Society argued it should be retained, as there needed to remain a distinction in law between murder and killings where someone lost control in the heat of the moment.

Read more: http://www.smh.com.au/nsw/losing-provocation-defence-could-harm-abused-women-20120829-25148.html#ixzz24yZSzlmv

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