The Implicit Legitimisation of Violence against Women in New Zealand Homicide Cases: Did Abolishing Provocation Address Public Concerns?

Abstract

The partial defence of provocation was inappropriately used by abusive men that killed their partners for challenging them. This led to concerns that provocation was implicitly legitimising violent reactions toward women who were perceived to have challenged their male partner’s sexuality. Despite the abolition of provocation, this paper finds a continuation of the concerns that arose from the use of provocation in post-abolition homicide sentencing decisions. Specifically, the recognition of perceived lower culpability of men that had killed their female partners in the form of manslaughter verdicts, or through inappropriate mitigating features, continues to be an issue. For this reason, I argue that establishing the Sentencing Council, as recommended by the Law Commission, is the best way to address these concerns.