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Failed Vic defensive homicide law to go

A Victorian defensive homicide law designed to provide a murder defence for battered women has failed because mostly men have used it, a report has found.

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Source: AAP


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Victoria's defensive homicide laws are set to be scrapped after a report found they mainly provided an excuse for male killers, rather than a murder defence for battered women.

The law was introduced in 2005 in a bid to treat women who kill their partners after domestic violence more compassionately.

But only three of the 28 people convicted of defensive homicide have been women.

Those convicted of defensive homicide include 29-year-old Luke John Middendorp, who killed his much smaller partner by stabbing her in the back four times in 2008.

A Department of Justice discussion paper released this week said the law had failed.

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"There is clear evidence that defensive homicide inappropriately provides a partial excuse for men who kill," it said.

"Defensive homicide is primarily relied upon by men who kill. In many of these cases, men have killed in circumstances which are very similar to those where provocation previously applied."

Attorney-General Robert Clark said the law had not worked and is likely to be amended.

"The law was intended to apply in cases of genuine but unreasonable self-defence," he said in a statement.

"However, the principles underlying the law have proven difficult and confusing to apply in practice, leading to results that seem unjust and contrary to common sense."

The law has outraged victims' advocates like People Against Lenient Sentencing's Steve Medcraft.

"It has been a good loophole for the crooks to use and overzealous lawyers to be able to get their clients off," he told AAP.

"I think laws like that were an insult to the justice system and also an insult to the family members who were victims."

A state opposition spokesman said they were yet to see any proposed legislation to change the law.

"If a law is not working as it was intended then a review is appropriate," he said.

"However, it is important that the law continues to address the situation of women who experience family violence."


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