A critique of the New Zealand Law Commission's decision to not introduce a partial defence for victims of family violence who commit homicide

Abstract

This paper discusses the Law Commission of New Zealand’s report R139 on “Understanding Family Violence: Reforming the Criminal Law Relating to Homicide.” In addition to discussion on reforming the self-defence provision of the Crimes Act 1961 (section 48), and the increased educational measures to aid the profession in their understanding of family violence, the Law Commission also rejected the idea of the creation of a partial defence for victims of family violence who commit homicide. I argue that despite the arguments submitted by the Law Commission there is merit in the creation of a partial defence of excessive self-defence for that specific group of victims. Despite the Law Commission’s proposed reforms there is still a lacuna in the law on the treatment of reasonable and proportionate force that leaves victims vulnerable to unjust treatment.