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Arguments for Research Topic - Coggle Diagram
Arguments for Research Topic
Aligns with the
Human Rights Act 2019
(QLD)
Right to Life
Protection from torture and cruel, inhuman or degrading treatment
Protection of families and children
Right to a fair hearing
Offer a defence to victims of coercive control
where violence or criminal behaviour was objectively necessary for self-defence
where the victim of unlawful coercion carries-out extreme forceful action to the coercer, causing death when the victim subjectively believes their life was in danger.
Provide case law where women have successfully used self defence or provocation as a defence
R v Kina [1993] QCA 480
R v Pilcher [2020] QCA 8
Arguments Against
The defence could be exploited.
ARGUE - There will need to be a standard of proof sufficient to deem that there was coercive control which led to the incident.
ARGUE - Objective, reasonable person - England and Wales Serious Crimes Act 2015 ss 1(d), 4.
It is not fixing coercive control
ARGUE – gives women who are scared to come forward an option to defend themselves
ARGUE – Coercive Control is not always obvious until after the broader picture is seen. Judicial quote about patterns of behaviour determining coercive control -
F v M [2021] EWFC 4 Fam
England and Wales
Serious Crime Act 2015
Specifically legislates against Coercive Control
Specifically outlines what is coercive behaviour and how it will be determined as such.
Uses what a 'reasonable person ought to know' as an objective testing measure
F v M [2021] EWC 4 Fam
judicial comment on isolated incidents are viewed very differently when they are attributed to a pattern of behaviour in the wider picture
How is coercive control managed in Queensland currently?
Domestic and Family Violence Protection Act 2012 (Qld)
Criminal Code 1899 (Qld)