chapter 1: Setting the Scene
Q1 Should the Commission’s review and any recommendations for reform be limited to victims of family violence who commit homicide?
Chapter 2: Understanding Family Violence
Q2 We welcome feedback on our discussion of family violence and the circumstances of primary victims who kill their abusers.
chapter 5: Problems with the current law – is there a need for reform?
(a) the harm sought to be avoided was not imminent or immediate; and/or
(b) the fatal force was not proportionate to the force involved in the harm or threatened harm?
Chapter 7: Options for reform of self-defence
Chapter 8: Partial defences and separate homicide offences
Q14 Should a new partial defence (or separate homicide offence) – whether of general application or specific to victims of family violence – be introduced in New Zealand?
Q15 Would you support the introduction of a new partial defence or separate homicide offence if it applied only in circumstances where victims of family violence commit homicide?
Q16 If a new partial defence is introduced, would you favour a partial defence based on one of the traditional defences of excessive self-defence, loss of control or diminished responsibility, or a specific defence of self-preservation in the context of an abusive relationship?
Q17 As an alternative, would you prefer the introduction of a separate homicide offence in circumstances where the defendant was acting defensively but with excessive force?
Chapter 9: Other options for reform
Q18 Do you think there should be any changes to sentencing law (for example, the introduction of further mitigating factors, or guidance on displacement of the threshold in section 102 of the Sentencing Act 2002) to better provide for victims of family violence who commit homicide?
Q19 Do you consider the Prosecution Guidelines should include specific guidance on charging and/or plea discussions where family violence against a defendant accused of committing homicide is in issue?
Q20 Would you support further education or training on the dynamics of family violence for those operating within the criminal justice system, including lawyers, judges, police and jurors?