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.

Re: Is killing an abusive partner murder?
 

Murder in a simplistic sense encompasses the intentional killing of another person. Intent is the key and it is a requirement for the prosecution to show the offending party intended to kill. This covers spare of the moment crimes/crimes of passion. Those elements that drove you to the act are at best mitigation - if there is an intent to kill, then the offence is murder.

Of course its never that clear cut and a court have to decide beyond all reasonable doubt that the person charged had that intent. If someone lashes out at another with no intention of killing them, and the attacked person dies then the offence becomes manslaughter as the offending party has killed though had no intent.

On the subject of spousal abuse – then clearly under the traditional legal system any person who has killed another will usually fall into one of the two offences above. Im not even going to pretend to understand what its like to be involved in spousal abuse as im sure it’s a lot more complicated than my own narrow interpretations – suffice to say, that it certainly wouldn’t happen to me – I’m not the sort who would be bullied about, if for no other reason that I’m independent and would simply remove myself from the situation. Of course I realise that its far more complicated than that for some of those involved and not everyone can pick themselves up by their bootstraps though I believe it’s a mistake to start legislating the issue – the law should be strict and clear. Any deviation from this must surely attract an abuse of the system. The mechanisms for dealing with prevention are already well established and should be improved so that it’s impossible to be left on your own should you be a sufferer – at that point there is no need for legislation. In my views these sorts of issues should always be addressed by culture emphasis or framework changes and not through legislation which can only lead to the problem being hidden away or obfuscated.

Re: Is killing an abusive partner murder?
 

Well to me if you kill somebody in cold blood even if your the victim of abuse, is murder. I don't think there is any need for any law change at all, the socalled legal experts have great difficulty using the current laws to the full so why muddy the waters any further.

Re: Is killing an abusive partner murder?
 

They aren't muddying the waters at all... they are doing the exact opposite. The new law will not change anything in realistic terms - as I said earlier it is already the case that "battered wives" receive the lesser sentence of voluntary manslaughter. All this legislation is doing is bringing up to date a defence - provocation which was originally created to allow killing in the name of honour in the 18th/19th century which has then been adapted to give these people a partial defence. The question as to whether or not an abused spouse killing their husband/wife is classed as murder has been debated and settled. I don't think many without an education in this area of the law understand the differences between murder, voluntary manslaughter and involuntary manslaughter and such knowledge should be sought before commenting.