- R V. Raby (Unreported, 22 November 1994, Supreme Court of Victoria, No. 94, Teague, J., 2).
- Christine Boyle, et. al. ‘A Feminist Review of Criminal Law’ (edited by J. Stuart Russell, Minister of Supply and Services), Ottawa, 1985 referred to in Regina Graycar and Jenny Morgan, The Hidden Gender of Law, Leichhardt: The Federation Press, 1990, 404–405.
- R V. Raby, 1994, 1, emphasis added.
- R V. Raby, 1994, 1.
- Age, 23 November 1994, 1.
- Lenore Walker, The Battered Woman Syndrome, New York: Springer, 1984.
- Mary A. Dutton, ‘Understanding Women's responses To Domestic Violence: A Redefinition of Battered Woman Syndrome’ (1993) 21 Hofstra Law Review 1191, 1195.
- Judith L Herman, Trauma and Recovery: From Domestic Abuse to Political Terror, London: Pandora, 1992, 78.
- Walker, L., n. 7.
- R V. Raby, 1994, 2.
- R V. Raby, 1994, 2.
- Elisabeth Sheehy, Julie Stubbs, and Julia Tolmie, ‘Defending Battered Women on Trial: The Battered Woman Syndrome and its Limitations (1992) 16 Criminal Law Journal 369, 384.
- Ibid, 394.
- Jane Mugford, ‘Domestic Violence’ in Violence Today, National Committee on Violence, Canberra: Australian Institute of Criminology, 1989, 3.
- Alison Wallace, Homicide: The Social Reality, Sydney. New South Wales Bureau of Crime Statistics and Research, 1986, 83.
- Statistics Canada, cited in The Daily, 18 November, 1993, 1.
- Murray Straus and Richard Gelles, Physical Violence in American Families, New Jersey: Transition Publishers New Brunswick, 1990.
- New South Wales Task Force on Domestic Violence, New South Wales Task Force on Domestic Violence Report Sydney: Women's Policy Co-ordination Unit, Premiers Department NSW, 1981.
- Stella Tarrant, ‘Provocation and Self-Defence: A Feminist Perspective’ (1990) 15:4 Legal Service BuUetin 147, 147.
- Helen Brown, ‘Mad, Bad or Unreasonable Women: Battered Women's Syndrome and it's silencing of the Experience of Women: Two Alternative Approaches’, unpublished paper presented at Australian Law and Society Conference, La Trobe University, 14 December, 1994, 7 (her emphasis). Helen Brown may be contacted at the School of Law and Legal Studies, La Trobe University, Bundoora, Vic. 3083.
- Ibid., 8.
- See s 23 (1), (2), (3), (4) and(5), Crimes Act 1900 (NSW)
- Crimes Act, 195 (Vic)
- Krysti Guest The Lores of Rape’ (1991) 95 Arena; Vicki Waye ‘Rape and the Unconscionable Bargain’, (1992) 16 Criminal Late Journal 95.
- Crimes Act, 1958 (Vic), s36.
- Crimes Act, 1958 (Vic), s22(a).
- Sheehy et al, op. cit., n. 13. 391;. Julie Stubbs and Julia Tolmie, ‘No Legal Refuge’ (1992) Australian Left Review., Julie Stubbs, ‘Battered Woman Syndrome: An Advance For Women Or Further Evidence of the Legal System's Inability to Comprehend Women's experience?’ (1991) 3:2 Current Issues in Criminal Justice 267; and Julie Stubbs, The (Un)Reasonable Battered Woman? A Response to Easteal (1993) 3:3 Current Issues In Criminal Justice 4–6.
- In contrast with the equivalent rape provision which allows the judge to decide if such a direction is relevant, I suggest that the directions in this context should be mandatory.
- This draws on Wilson J. in Lavalla discussed below.
- Lavallee (1990) 55 C.C.C. (3rd) 97 (S.C.C.), 124.
- Patricia Easteal, ‘Battered Woman's Syndrome: Misunderstood?’(1993) 3:3 Current Issues in Criminal Justice 1, 2.
- Zoe Rathus, Rougher Than Usual Handling: Women and the Criminal Justice System, Brisbane: Women's Legal Service Queensland, 1993, 92.
- Women's Coalition Against Family Violence, Blood on Whose Hands: The Killing of Women and Children in Domestic Homicides, Melbourne: Women's Coalition Against Family Violence, 1994, 1.
- Carol Smart, Feminism and the Power of Law, London: Routledge, 1989, 164.
Australian Feminist Law Journal
Volume 4, 1995 - Issue 1