Is killing an abusive partner murder?
 

Killing an abusive partner in cold blood could result in a conviction for a crime other than murder under recently published Government proposals. Do you think that this makes sense?

IMO, if ya kill someone then ya should be done for manslaughter or murder!

Re: Is killing an abusive partner murder?
 

Killing in cold blood then yes, A friend i used to have killed her abusive husband and was convicted because she snapped one night while he was asleep and stabbed him, he died instantly.........
it has to be different if its self defence tho.

Re: Is killing an abusive partner murder?
 

The way I read it was that the charge of manslaughter would be used.
Long term mental abuse can warp reasoning.
I think anyone who hasn't been subjected to it can't make an informed comment on it.

Re: Is killing an abusive partner murder?
 

Re: Is killing an abusive partner murder?
 

This is a touchy question: A large percentage of murder victims in Canada are women (and sometimes their children) killed by their abusive male partners, or jealous ex-partners. But sometimes, a victim of prolonged abuse will fight back, anyway she can... I belive that each incidence of this kind of crime, must be viewed on its own "merits."

Re: Is killing an abusive partner murder?
 

Re: Is killing an abusive partner murder?
 

While I agree largely with what Margaret has posted.......I think that if the killing is pre-meditated/planned, then the charge should be murder......if the killing is done in a moment of derangement/anger/fear.......self defence should be a good argument against a conviction of Murder.

Re: Is killing an abusive partner murder?
 

But isn't that the way it is:confused:

Re: Is killing an abusive partner murder?
 

to me murder is murder its that simple, manslaughter is when there was NO intent to kill, of that i'm near sure, wheres blazey when ya need her?:D i do think there is differant types/degrees as the yanks call it, so there must be different tariffs, killing n abusive partner should not come under the same banner as premeditated or killing fer killings sake, i agree with eric,each one should be looked at individually, and judged on that basis. thats my 2 pennorth.

Re: Is killing an abusive partner murder?
 

Several, the changes in the law wont really make much difference - post Alluwahliah(probably spelt it wrong) many battered wives have been able to use the defence of provocation - which will reduce murder(mandatory life) to voluntary manslaughter(maximum life - giving the judge some flexibility in sentencing) The partial defence of provocation usually requires an action - things said or done that will cause D a sudden and temporary loss of control - so that they are not the master of their own mind. In Alluwahliah Lord Taylor said that in such a case (a battered wife burned alive her drunken, sleeping husband) cummulative provocation had occured - over the years the provocation had built up and the "last straw" of him turning up drunk and threatening her that night was enough to count as provocation - reducing her sentence of murder to voluntary manslaughter.

Not the best written as I'm struggling to rememeber - i did the exam in january haha but yea I did one of my modules in A level law on murder/voluntary manslaughter and it's defences and we did a fair bit just on cases involving battered wives - I'll check back on this topic in the morning when I'll be able to give a clearer, better written comment heh....

Re: Is killing an abusive partner murder?
 

just a back door way of letting in the defense of "honour Killing" , if a spouse can be said to suffer from psychological torture and it justifies killing , the next logical step is that family members (fathers and brothers) can suffer from the same condition .

Re: Is killing an abusive partner murder?
 

I take it that "in cold blood" means premeditated if so it should be murder. Seems to be another way to reduce charges and the real victims will be the abused partners who actually do snap. We aren't just talking about women here, lots of men are in abusive relationships as well.

Re: Is killing an abusive partner murder?
 

Don't know if it's true but just heard that a person was murdered and the killers filmed him/her dying.If it is true then that must rank as the worse ever murder.Hope it's not true but it was on MSN

Re: Is killing an abusive partner murder?
 

nope its not murder if u can prove beyond reasonable doubt that this was the only option so to speak

but as the above says if abuse was part of the relationship - the case gets lowered down to manslaughter

Re: Is killing an abusive partner murder?
 

I dont think this should be an issue in todays society, there is enough help available for victims of abuse, and I really cannot understand why anybody would stay in an abusive relationship. Have never been in that situation, but regardless of any situation, the ability to kill would have to be there, so there would have to be a conviction imo.