Murder and art : the causal links

The central focus of the thesis is to make clear certain links the author perceives between the criminal temperament and the artistic temperament. Concentrates on a small selection of these artists and attempts to come to terms with their preoccupation with dark subject matter.

Murder, self defence, defensive homicide?

Research focussed on recent amendments to Victorian homicide defence legislation, investigating community decisions in cases where a fatality followed an alleged sexual assualt. Findings suggest that legislation may not match community sentiment and jurors require comprehensive instructions. Further, relationship history, accused, deceased and juror gender have an impact on verdict.

The pyjama girl mystery : a true story of murder, obsession and lies

The pyjama girl was an unknown woman, found dumped by a road nesrl Albury in 1934. She had been brutally murdered. Who was she, and who killed her, become Australia's great unsolved crime for decades. The body was preserved in formalin, her image circulated around the world. The mystery fascinated the nation and, for some, became an obsession. Ten years later, the body was identified and a man was convicted of her manslaughter. The case, it seemed, was neatlty solved. But this 'solution', advanced by police, accepted by the courts and the media, and since repeated endlessly, was a lie. Behind the lie is a troubling story of murder and obsession, of a wild conspiracy theory, of police corruption and a miscarriage of justice, and of a real killing which floated free from reality and became a myth.

Murder or manslaughter? NSW ponders the provocation problem

In Parliament last week, NSW took steps towards better understanding, and potentially solving, the problems posed by the partial defence of provocation. This comment analyses key arguments presented to the Parliamentary Select Committee for the retention and abolition of the partial defence of provocation.

Time to act - provocation must be rejected as an excuse for murder

This opinion piece provides an argument for why the Select Committee of the New South Wales Parliamentary Inquiry into the partial defence of provocation should reccomend abolition of this controversial partial defene to murder. 

The mandatory life sentence for murder : an argument for judicial discretion in England

In 1965, alongside the abolition of capital punishment, a mandatory life sentence for murder was implemented in England and Wales. The mandatory life sentence served as a signal to the public that the criminal justice system would still implement the most severe sanction of life imprisonment in cases of murder. Nearly 50 years later, this article examines whether the imposition of a mandatory life sentence for murder is still in the best interests of justice or whether English homicide law would be better served by a discretionary sentencing system. In doing so, the article considers debates surrounding the political and public need for a mandatory life sentence for murder by drawing upon interviews conducted with 29 members of the English criminal justice system. This research concludes that a discretionary sentencing framework is required to adequately respond to the many contexts within which the crime of murder is committed.

When sexual infidelity triggers murder: Examining the impact of homicide law reform on judicial attitudes in sentencing

In October 2010, the UK Parliament brought into effect law that replaced the partial defence to murder of provocation with a new partial defence of ‘loss of control,’ applicable to England, Wales and Northern Ireland. Although it retained some key features of its controversial predecessor, the new partial defence was in part designed better to address the gendered contexts within which a large number of homicides are committed. In examining the impact of the reforms, we will focus on long-held concerns about the treatment of sexual infidelity as a trigger for loss of control in murder cases. The article undertakes an analysis of English case law to evaluate the way in which sexual infidelity-related evidence has influenced perceptions of a homicide defendant’s culpability, for the purposes of sentencing, both before and after the implementation of reform. The analysis reveals that, in sentencing offenders post reform, the higher courts have failed to follow the spirit of the reforms respecting the substantive law by effecting a corresponding change in sentencing practice.