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Where am I now? Lawlink > Law Reform Commission > Publications > Select Bibliography

Report 83 (1997) - Partial Defences to Murder: Provocation and Infanticide

Select Bibliography

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History of this Reference (Digest)


AMERICAN LAW INSTITUTE, Model Penal Code and Commentaries (Official Draft and Revised Comments) (Philadelphia, 1980)

AUSTRALIA, Attorney General’s Department, Review Committee of Commonwealth Criminal Law, Review of Commonwealth Criminal Law: Interim Report: Principles of Criminal Responsibility and Other Matters (AGPS, Canberra, 1990)

AUSTRALIA, Model Criminal Code Officers Committee of the Standing Committee of Attorneys-General, Sexual Offences Against the Person (Discussion Paper, 1996)

BANDALLI, S, “Provocation: A Cautionary Note” (1995) 22 Journal of Law and Society 398

BERMAN, P, “Provocation: Difficulties in the Application of the Subjective Test” (1995) 2 Criminal Law News 8

BLACKSTONE, W, Commentaries on the Laws of England of Sir William Blackstone (John Murray, London, 4 volumes, 1876)

BLUGLASS, R and BOWDEN, P (eds), Principles and Practice of Forensic Psychiatry (Churchill Livingstone, Edinburgh, 1990)

COSS, G, “‘God is a righteous judge, strong and patient: and God is provoked every day.’ A Brief History of Provocation in England” (1991) 13 Sydney Law Review 570

DAVIES, D S, “Child-Killing in English Law” [1937] Modern Law Review 203

DETMOLD, M, “Provocation to Murder: Sovereignty and Multiculture” (1997) 19 Sydney Law Review 5

DONNELLY, H, CUMINES, S and WILCZYNSKI, A, Sentenced Homicides in New South Wales 1990-1993: A Legal and Sociological Study (Judicial Commission of New South Wales, Monograph Series No 10, 1995)

D’ORBAN, P T, “Women Who Kill Their Children” (1979) 134 British Journal of Psychiatry 560

DRESSLER, J, “Rethinking Heat of Passion: A Defense in Search of a Rationale” (1982) 73 Journal of Criminal Law and Criminology 421

EASTEAL, P, Killing the Beloved: Homicide Between Adult Sexual Intimates (Australian Institute of Criminology, Canberra, 1993)

ENGLAND AND WALES, Committee on Mentally Abnormal Offenders, Report of the Committee on Mentally Abnormal Offenders (HMSO, London, Cmnd 6244, 1975)

ENGLAND AND WALES, Criminal Law Revision Committee, Offences Against the Person (Report 14, HMSO, London, Cmnd 7844, 1980)

ENGLAND AND WALES, Law Commission, A Criminal Code for England and Wales (Law Com 177, 1989)

FISSE, B, Howard’s Criminal Law (5th edition, Law Book Company, Sydney, 1990)

GREAT BRITAIN, Select Committee on Murder and Life Imprisonment, Report of the Select Committee on Murder and Life Imprisonment (HMSO, London, HL Paper 78, 1989)

GREENE, J, “A Provocation Defence for Battered Women Who Kill?” (1989) 12 Adelaide Law Journal 145

HORDER, J, Provocation and Responsibility (Clarendon Press, Oxford, 1992)

LANHAM, D, “Provocation and the Requirement of Presence” (1989) 13 Criminal Law Journal 133

LANSDOWNE, R, “Infanticide: Psychiatrists in the Plea Bargaining Process” (1990) 16 Monash University Law Review 41

LANSDOWNE, R, “Child Killing and the Offence of Infanticide: The Development of the Offence and its Operation in New South Wales 1976-1980” (Thesis submitted for the Degree of Masters of Laws, University of New South Wales, 1987)

LASTER, K, “Infanticide and Feminist Criminology: ‘Strong’ or ‘Weak’ Women?” (1990) 2 Criminology Australia 14

LEADER-ELLIOTT, I, “Battered But Not Beaten: Women Who Kill in Self Defence” (1993) 15 Sydney Law Review 403

LEADER-ELLIOTT, I, “Sex, Race and Provocation: In Defence of Stingel” (1996) 20 Criminal Law Journal 72

MACKAY, R D, “The Consequences of Killing Very Young Children” [1993] Criminal Law Review 21

MACKLEM, T, “Provocation and the Ordinary Person” (1987) 11 Dalhousie Law Journal 126

MAIER-KATKIN, D and OGLE, R, “A Rationale for Infanticide Laws” [1993] Criminal Law Review 903

NEW SOUTH WALES, Attorney General’s Department, Review of the “Homosexual Advance Defence” (Discussion Paper, August 1996)

NEW SOUTH WALES, Task Force on Domestic Violence, Report of the New South Wales Task Force on Domestic Violence to the Honourable N K Wran QC, MP, Premier of New South Wales (Government Printer, Sydney, 1981)

NEW SOUTH WALES LAW REFORM COMMISSION, Provocation, Diminished Responsibility and Infanticide (Discussion Paper 31, 1993)

NEW SOUTH WALES LAW REFORM COMMISSION, Partial Defences to Murder: Diminished Responsibility (Report 82, 1997)

NEW SOUTH WALES LAW REFORM COMMISSION, Sentencing (Report 79, 1996)

NEW ZEALAND, Department of Justice, Criminal Law Reform Committee, Report on Culpable Homicide (Wellington, 1976)

NEW ZEALAND, Department of Justice, Crimes Consultative Committee, Crimes Bill 1989: Report on the Crimes Consultative Committee (Wellington, 1991)

NGUYEN DA HUONG, M T and SALMELAINEN, P, Family, Acquaintance and Stranger Homicide in New South Wales (New South Wales Bureau of Crime Statistics and Research, Sydney, 1992)

NOURSE, V, “Passion’s Progress: Modern Law Reform and the Provocation Defense” (1997) 106 Yale Law Journal 1331

O’DONNELL, C and CRANEY, J (eds), Family Violence in Australia (Longman Cheshire, Melbourne, 1982)

O’DONOVAN, K, “The Medicalisation of Infanticide” [1984] Criminal Law Review 259

ORCHARD, G, “Provocation - Recharacterisation of ‘Characteristics’” (1996) 6 Canterbury Law Review 202

RADZINOWICZ, L, A History of English Criminal Law and Its Administration from 1750 (Stevens and Sons Limited, London, 4 volumes, 1948)

REECE, L, “Mothers Who Kill: Postpartum Disorders and Criminal Infanticide” (1991) 38 UCLA Law Review 699

SINGER, R, “The Resurgence of Mens Rea: I - Provocation, Emotional Disturbance, and the Model Penal Code” (1986) 27 Boston College Law Review 243.

SOUTH AUSTRALIA, Criminal Law and Penal Methods Reform Committee, The Substantive Criminal Law (Report 4, Government Printer, Adelaide, 1977)

STEPHEN, J, A History of the Criminal Law of England (MacMillan and Co, London, 3 volumes, 1883)

STRANG, H, “Children as Victims of Homicide” (Australian Institute of Criminology, Trends and Issues in Crime and Criminal Justice, number 53, 1996)

VICTORIA, Law Reform Commissioner, Provocation and Diminished Responsibility as Defences to Murder (Report 12, 1982)

VICTORIA, Law Reform Commission, Mental Malfunction and Criminal Responsibility (Report 34, 1990)

VICTORIA, Law Reform Commission, Homicide (Report 40, 1991)

WALKER, N, Crime and Insanity in England (University Press, Edinburgh, 1968)

WALLACE, A, Homicide: The Social Reality (NSW Bureau of Crime Statistics and Research, Research study number 5, 1986)

WEISBROT, D, “Homicide Law Reform” (1982) 6 Criminal Law Journal 248

WILCZYNSKI, A, Child Homicide (Greenwich Medical Media Ltd, London, 1997)

WILCZYNSKI, A, “A Socio-Legal Study of Parents Who Kill Their Children in England and Wales” (Dissertation submitted for the Degree of Doctor of Philosophy in Criminology, University of Cambridge, 1993)

WILCZYNSKI, A, “Why Do Parents Kill Their Children?” (1994) 5 Criminology Australia 12

WILCZYNSKI, A and MORRIS, A, “Parents Who Kill Their Children” [1993] Criminal Law Review 31

YEO, S (ed), Partial Excuses to Murder (Federation Press, Sydney, 1990)

YEO, S, “Ethnicity and the Objective Test in Provocation” (1987) 16 Melbourne University Law Review 67

YEO, S, “Peisley: Case and Comment” (1992) 16 Criminal Law Journal 197

YEO, S, “Power of Self-Control in Provocation and Automatism” (1992) 14 Sydney Law Review 3

YEO, S, “Sex, Ethnicity, Power of Self-Control and Provocation Revisited” (1996) 18 Sydney Law Review 304



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