Abstract

An abused person who kills their abuser remains a conundrum for law and justice. How do we adequately deal with this issue using the current defences to murder? The Coroners and Justice Act 2009 legislated with such situations in mind, but the focus here was on physical abuse. As our understanding of the effects of coercive and controlling behaviour has grown, how fatal reactions to such behaviour might be dealt with by the courts has become an issue of particular interest. This article considers how the current parameters of the criminal law and our increased understanding of intimate partner violence are in conflict, and further legislation will most certainly be necessary to be inclusive of non-physical abuse.

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