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International Law

: prisonlawinsideout

Husbands who kill wives can no longer claim they were provoked

By John Hirst

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Husbands who kill wives can no longer claim they were provoked

Husbands who kill nagging wives will no longer be able to claim they were provoked, under a radical shake-up of the murder laws.

Suspects will also be prevented from pleading not guilty to murder by claiming it was a "crime of passion" because their partner was having an affair.

The reforms are designed to ensure domestic violence is treated as other forms of homicide.

As a result of the changes, battered wives who kill their abusers will be able to defend themselves against a murder charge by claiming diminished responsibility.

Around 100 men a year kill their former or current partners, and provocation - such as failing to cook a meal, or persistent nagging - is the main form of defence used by barristers.

In contrast, it is comparatively difficult for lawyers representing the 30 women a year on average who kill their partners to argue that they were provoked, as the crime tends not to take place in the heat of the moment, but is typically pre-planned.

Full post as published by prisonlawinsideout on July 22, 2008 (boomark / email).

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