Browsing by Author "Tinsley, Yvette"
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Item Restricted Battered Defendants and Section 195A of the Crimes Act 1961(Te Herenga Waka—Victoria University of Wellington, 2012) Stove, Katharine; Tinsley, YvetteThis paper analyses how the new section 195A of the Crimes Act 1961 will apply in the context of defendants suffering from the long-term effects of an abusive relationship (“battered defendants”). It particularly focuses on the application of the “reasonable steps” test outlined in the section and compares the suitability of sections 195 and 195A in the context of battered defendants who are also parents of the victim in question. It concludes that section 195A is the preferred option when dealing with battered defendants due to its nuanced, subjective elements. However, the author still considers section 195A to be inadequate when dealing with battered defendants, because what a Court might expect of a battered defendant when assessing the reasonableness of their actions may not be realistic. Therefore, this paper recommends that both section 195 and section 195A be amended to provide a higher degree of subjectivity and clarity.Item Restricted Improving the Use of DNA Evidence in the Malaysian Criminal Justice Process: Learning From International Experience(Te Herenga Waka—Victoria University of Wellington, 2016) Muhamad, Mohd Munzil Bin; McDonald, Elisabeth; Tinsley, YvetteDNA evidence is a significant tool in the criminal justice process. Its significance derives from the presumed reliability of the techniques used in DNA analysis, which has been regarded by scientists as the “gold standard” of forensic science, and because of the various roles it plays in the criminal justice process. DNA evidence can be used to identify crime perpetrators, exonerate the innocent and is also arguably an effective crime prevention tool. Despite its significance, international experience demonstrates that there are many issues in relation to the reliance on DNA evidence in the criminal justice process. This thesis critically analyses the use of DNA evidence in the Malaysian criminal justice process. It argues that the current law and practice has failed to address five main issues: (1) the legislation for DNA collection and retention gives a very wide power, which may be abused, to the law enforcement authorities; (2) the law and practice with regard to the pre-trial and the trial process, particularly the law and practice related to the use of DNA evidence, is not able to ensure the reliability of the evidence when used during trials; (3) prosecution experts fail to correctly present DNA evidence during trials, particularly on the significance of a DNA match, which means their testimony has been biased towards the prosecution; (4) the lack of understanding of DNA evidence by the parties who are involved in the criminal justice process; (5) Malaysia does not utilise the potential of DNA evidence to rectify miscarriages of justice suffered by those who have been wrongly convicted. This thesis proposes practical reforms based on international experience to address these issues in order to ensure that DNA evidence will be used fairly and appropriately in the criminal justice process in Malaysia.Item Restricted LAWS214: Law: Criminal Law(Victoria University of Wellington, 2011) Tinsley, YvetteItem Restricted LAWS214: Law: Criminal Law(2019) Tinsley, YvetteItem Restricted LAWS214: Law: Criminal Law(Victoria University of Wellington, 2010) Tinsley, YvetteItem Restricted LAWS214: Law: Criminal Law(Victoria University of Wellington, 2008) Tinsley, YvetteItem Restricted LAWS214: Law: Criminal Law(Victoria University of Wellington, 2007) Tinsley, YvetteItem Restricted LAWS214: Law: Criminal Law(Victoria University of Wellington, 2009) Tinsley, YvetteItem Restricted LAWS214: Law: Criminal Law(Victoria University of Wellington, 2012) Tinsley, YvetteItem Restricted LAWS309: Law: The Criminal Justice System(Victoria University of Wellington, 2007) Tinsley, Yvette