Battered Defendants and Section 195A of the Crimes Act 1961

Abstract

This 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.