Defensive Homicide on Trial in Victoria

Abstract

Defensive homicide was introduced in Victoria in 2005. It was enacted to provide a safety net conviction for women who kill an abusive partner and cannot satisfy the test for self-defence, but who should not be considered a murderer. However, 21 of the 24 people so far convicted of defensive homicide are men, and all but one of the victims is another man. The academic attention on defensive homicide has focused on women as offenders and victims, leaving the bulk of the cases unexamined. Given that the offence is currently under review, it is important that the cases are analysed in the context of male violence. This article considers whether the cases resulting in convictions for defensive homicide are within the intended scope of the offence and are compatible with the elements of the offence.