In 2010, the Queensland Government introduced spousal abuse as a partial defence to murder under the Criminal Code (Abusive Domestic Relationship Defence and Other Matters) Amendment Bill 2010. Under section 30B ‘Killing for preservation in an abusive domestic relationship’ the defence is outlined “A person who unlawfully kills another (the deceased) under circumstances that, but for the provisions of this section, would constitute murder, is guilty of manslaughter” (Criminal Code (Abusive Domestic Relationship Defence and Other Matters) Amendment Bill 2010). The provisions outlined in the section require that there has been an act of serious domestic violence upon the defendant, the accused killed in self-defence or self-preservation at the time of the incident and there is quantifiable evidence outlining a history of serious mental and/or physical abuse. The legislative in cooperation with the courts should implement changes to The Criminal Code amend...
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...cts of the syndrome influenced her actions; Justice Wilson acquitted Lavelle to the charge. This verdict should be exercised by Queensland; with defendants affected by the syndrome being supported continually with therapy in order to heal their damaged state of mind, assisting them in developing a better future. Spousal abuse needs to constitute a full defence to murder, making Australia a country that can lead by example.
Domestic violence victims can develop a lack of logical decision making; a sense of feeling trapped within their relationship and brings forth senses of forthcoming violence. Queensland should introduce a change to their stature amending the ‘Abusive Domestic Relationship Defence’ from a partial to a full defence. If Queensland continues to place damaged victims of violence in prison, the government is no more brutal than the abuser themselves.
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