Students are required to submit a report on the abolition of the offence of defensive homicide. Students need
to refer to Defensive Homicide- Proposals for Legislative Reform Consultation Paper by the
Department of Justice in September 2013 (Paper 1), Submission on Department of Justices
Consultation Paper (Paper 2) and Research Brief from the Parliamentary Library & Information Service
(Paper 3) (located under session 4 ), relevant newspaper articles and other appropriate material.
*Papers 1,2,3 & articles provied*
Students are required to use the following 3 headings in their report:
1. Explain (i) the reasons why the defence of provocation was abolished in Victoria in 2005 and (ii)
the reasons why the offence of defensive homicide was enacted under the Crimes (Homicide) Act 2005.
2. Explain the new law of self defence under the Crimes Amendment (Abolition of Defensive Homicide)
Act 2014 (the Act) and the relevance of family violence where self defence is raised.
3. The Victorian Parliament recently abolished the offence of defensive homicide under the Act. This has
engendered mixed views. Those who supported the abolition argued that it was used in unintended
ways and that the defence was mainly used by male criminals who kill other men typically in alcohol
related attacks (See Paper 1). However, the Submission to the Consultation Paper by researchers
from Monash University and Domestic Violence Resource Centre Victoria (See Paper 2), considered
that the abolition of defensive homicide was NOT the answer. They examined eight cases of women
charged with killing their partners since defensive homicide was introduced. The study found family
violence was still poorly understood and the perception of what is reasonable self-defence continues
to be shaped by gender-based stereotypes.
I will include ASSESSMENT TASK INSTRUCTION SHEET.
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