Kate Fitz-Gibbon
Monash University, School of Social Sciences, Faculty Member
- Mandatory sentencing, Loss of Control partial defence, Partial defences to murder, Homicide Law Reform, Criminology, Sentencing, and 14 moreDefensive Homicide, Partial defence of provocation, Criminal Justice, Judicial Discretion, Murder, Law reform, Critical Criminology, Violence Against Women, Gender and the Law, Family Violence, Domestic Violence, Domestic Homicide, Juvenile Justice, and Criminal Justice Systemedit
- Dr Kate Fitz-Gibbon is a Senior Lecturer in Criminology and a Honorary Research Fellow in the School of Law and Socia... moreDr Kate Fitz-Gibbon is a Senior Lecturer in Criminology and a Honorary Research Fellow in the School of Law and Social Justice at University of Liverpool. She is a member of the Monash Gender and Family Violence: New Frameworks in Prevention Research Program and the Research Impact Director for the School of Social Sciences (Monash University).
Kate completed her PhD at Monash in 2012, following which she was appointed as a Lecturer in Criminology in School of Humanities and Social Sciences at Deakin University. Kate has been a visiting scholar in the Centre for Criminology at Oxford University (2013), The Faculty of Law at University of Auckland (2015) and the School of Justice at Queensland University of Technology (2015).
Kate conducts research in the area of family violence, legal responses to lethal violence, youth justice and the effects of homicide law and sentencing reform in Australian and international jurisdictions. This research is undertaken with a key focus on issues relating to gender, constructions of responsibility and justice.edit
Labelled 'the shadow pandemic' by UN Women, violence against women received considerable global public attention during 2020-21. Underpinning this moment of public concern, there lies a substantial history of efforts to document the... more
Labelled 'the shadow pandemic' by UN Women, violence against women received considerable global public attention during 2020-21. Underpinning this moment of public concern, there lies a substantial history of efforts to document the nature of, and campaign against, the extent of violence against women globally. This is also the case in relation to femicide. Whilst we recognise that this is a contested term, for the purposes of this paper we use femicide to refer to the killing of women and girls because they are female by male violence. Femicide, as a death to be specifically counted in law only exists in a small number of jurisdictions. Where it is so recognised, primarily in South American countries as feminicidio, such deaths represent only the tip of the iceberg of such killings globally. This paper, in drawing on empirical data from a range of different sources (including administrative data, media analysis, and Femicide Observatory data) gathered throughout 2020, considers: what it means to call a death femicide, what implications might follow if all the deaths of women at the hands of men were counted as femicide, and the extent to which extraordinary times have any bearing on this kind of ordinary death.
Research Interests:
"I have never had a case that involved a female perpetrator of coercive control, and no such cases are documented in the literature" (Stark, 2007, p. 377). Stark's observation has become somewhat of a "truism" in the wider debate... more
"I have never had a case that involved a female perpetrator of coercive control, and no such cases are documented in the literature" (Stark, 2007, p. 377). Stark's observation has become somewhat of a "truism" in the wider debate surrounding coercive control. Yet simultaneously coercive control is asserted as a gendered process, understandings of which appear to have
Research Interests:
The term femicide, while contested, focuses attention on women killed by men's violence. This focus has generated work on its nature and extent much of which examines the lethal act and the lethal actor in which the death is counted.... more
The term femicide, while contested, focuses attention on women killed by men's violence. This focus has generated work on its nature and extent much of which examines the lethal act and the lethal actor in which the death is counted. These counts are themselves incomplete. Despite their shortcomings, these 'thin' counts have contributed to the increasing impetus for a wide range of global and local prevention and response initiatives designed to draw attention to femicide. 'Thin' counts, measuring as they do, who does what to whom, while justified and justifiable, are a surface manifestation of the deeper embrace of social ecological theory within this field of work. This theory, originating in the work of Brofenbrenner, has functionalist tendencies which fail to assign explanatory power or salience to any one variable. This approach provides a narrow vision of what counts as femicide: a 'thin' count. However, if femicide was viewed through a wide-angled lens and incorporated all those lives curtailed and shortened as a result of living with men's violence(s), that which Walklate et al. have called 'slow femicide', femicide counts might look somewhat different. Here, we explore why these might be called 'thick' counts. These counts would focus attention on not only who does what to whom but also on with what implement, in what place and at what point in time. Thus, 'thick' counts would broaden our understanding of the nature, extent and impact of femicide.
Research Interests:
The focus of this article is the nature of the non-violent homosexual advance within the partial defences to murder. Tracing the use of this type of incident as provocative conduct in recent years alongside recent reforms introduced in... more
The focus of this article is the nature of the non-violent homosexual advance within the partial defences to murder. Tracing the use of this type of incident as provocative conduct in recent years alongside recent reforms introduced in two Australian state jurisdictions, this article argues that there is no justification for such use of the defences. It explores two Australian models of reform: the exclusionary reform approach and the outright abolition of use of the non-violent homosexual advance to build a defence. It examines the limits of the Coroners and Justice Act 2009 and explores opportunities for law reform in England and Wales. The authors suggest a two-limbed role reversal test to effectively minimise the misuse of the defence.
Research Interests:
The partial defence of provocation has long attracted controversy and animated law reform in Australia and elsewhere. In June 2012, debate surrounding the provocation defence reignited in New South Wales following the trial and sentencing... more
The partial defence of provocation has long attracted controversy and animated law reform in Australia and elsewhere. In June 2012, debate surrounding the provocation defence reignited in New South Wales following the trial and sentencing of Chamanjot Singh for manslaughter (by reason of provocation). In the wake of Singh, the NSW Legislative Council established a Select Committee to undertake a review of the partial defence of provocation. This article builds on the work done by the NSW Select Committee on the Partial Defence of Provocation in 2013. In doing so, it examines the merits of the newly formulated partial defence of 'extreme' provocation and argues that NSW would be better placed to repeal provocation as a partial defence and transfer its consideration to sentencing. It is argued that by reforming sentencing guidelines for murder in NSW, the law may be able to move beyond the problems traditionally associated with the provocation defence and more adequately respond to the gendered nature of homicide. CONTENTS
Research Interests:
Legal responses to battered women who kill have long animated scholarly debate and law reform activity. In September 2012 after 47 years of alleged abuse, Frenchwoman Jacqueline Sauvage fatally shot her abusive husband three times in the... more
Legal responses to battered women who kill have long animated scholarly debate and law reform activity. In September 2012 after 47 years of alleged abuse, Frenchwoman Jacqueline Sauvage fatally shot her abusive husband three times in the back. The subsequent contested trial, conviction for murder, unsuccessful appeal and later presidential pardon of Sauvage thrust the French law of self-defence into the spotlight. The Sauvage case raises important questions surrounding the adequacy of the French criminal law in this area, the ongoing proliferation of gendered stereotypes in law and the need for reform. In the wake of the Sauvage case, this article provides a timely analysis of the gendered law of self-defence in France. Drawing from an in-depth analysis of the judgments imposed in the Sauvage case, this article examines the adequacy of French legal responses to battered women who kill and ignites an argument for further law reform.
In Australia, children as young as 10 are charged, convicted and sentenced for breaches of the law. Drawing on interviews with youth justice professionals in Victoria, this study finds that inconsistencies in practice undermine the extent... more
In Australia, children as young as 10 are charged, convicted and sentenced for breaches of the law. Drawing on interviews with youth justice professionals in Victoria, this study finds that inconsistencies in practice undermine the extent to which the common law presumption of doli incapax offers an effective legal safeguard for very young children in conflict with the law. This article advocates that the Australian minimum age of criminal responsibility be increased to 14, that the principle of doli incapax be applied consistently to all persons under the age of 18 and that justice responses be supplanted by therapeutic supports for children and families.
Research Interests:
The adequacy of police responses to intimate partner violence has long animated scholarly debate, review and legislative change. While there have been significant shifts in community recognition of and concern about intimate partner... more
The adequacy of police responses to intimate partner violence has long animated scholarly debate, review and legislative change. While there have been significant shifts in community recognition of and concern about intimate partner violence, particularly in the wake of the Victorian Royal Commission into Family Violence, it nonetheless remains a significant form of violence and harm across Australian communities and a key issue for police, as noted in the report and recommendations of the Royal Commission. This article draws on findings from semi-structured interviews (n ¼ 163) with police in Victoria and pursues two key interrelated arguments. The first is that police attitudes towards incidents of intimate partner violence remain overwhelmingly negative. Despite innovations in policy and training, we suggest that this consistent dissatisfaction with intimate partner violence incidents as a policing task indicates a significant barrier, possibly insurmountable, to attempts to reform the policing of intimate partner violence via force-wide initiatives and the mobilisation of general duties for this purpose. Consequently, our second argument is that specialisation via a commitment to dedicated intimate partner violence units – implemented more consistently and comprehensively than Victoria Police has to date – extends the greatest promise for effective policing of intimate partner violence in the future.
Research Interests:
In 2015 in England and Wales a new offence of controlling or coercive behaviour was introduced with the aim of improving legal responses to intimate partner violence. Recognizing the historical limits of legal interventions in this area,... more
In 2015 in England and Wales a new offence of controlling or coercive behaviour was introduced with the aim of improving legal responses to intimate partner violence. Recognizing the historical limits of legal interventions in this area, this article examines the efficacy of coercive control as a conceptual device for improving access to law and justice outcomes for women victims. To do so, it considers the problems and possibilities of translating a concept generated from clinical practice into legal practice alongside an exploration of the potential unintended consequences of this new offence. The gendered analysis undertaken here reveals the limitations of framing women's experiences as 'coercive control' in law and concludes that, in the case of coercive control, more law is not the answer to improving responses to intimate partner violence.
Research Interests:
Since the 1980s, victims’ voices have been increasingly heard and have been influential in policy debates. Since that time, the nature and presence of those voices has changed shape and form from the influence and presence of victim... more
Since the 1980s, victims’ voices have been increasingly heard and have been influential in policy debates. Since that time, the nature and presence of those voices has changed shape and form from the influence and presence of victim centred organizations to the rise of the high profile individual victim. The purpose of this article is to explore the presence of one victim’s story, Rosie Batty, and to examine her influence on the rise of the policy agenda on family violence in Australia. This article considers the ways in which this story gained traction and influenced the reform of family violence policy in Australia, and considers the extent to which an understanding of this process contributes to an (emergent) narrative victimology.
Research Interests:
In May 2015, the judgment of the High Court of Australia in Lindsay v The Queen reignited debate surrounding the use of the partial defence of provocation in cases involving a non- violent homosexual advance. Lindsay re-established the... more
In May 2015, the judgment of the High Court of Australia in Lindsay v The Queen reignited debate surrounding the use of the partial defence of provocation in cases involving a non- violent homosexual advance. Lindsay re-established the legal possibility that a man provoked enough to lose self-control and commit lethal violence in response to a non-violent homo- sexual advance could be convicted of manslaughter by reason of provocation rather than murder. The judgment arrived in the midst of two decades of national law reform activity, whereby all Australian jurisdictions have either introduced or proposed reform to abolish or restrict the application of the controversial partial defence of provocation. In doing so, cases involving a homosexual advance defence are increasingly shifting to the realm of sentencing. This article offers a timely analysis of the sentencing of homosexual advance defence cases in New South Wales and Queensland. In doing so, it examines the judicial treatment of a defendant’s claim of a ‘special sensitivity’ to a homosexual advance, problems arising from the private nature of an alleged homosexual advance and the treatment of intoxication in sentencing. It reveals that reform of legal categories alone may not be sufficient in ensuring a just legal response to homicides incited by alleged homosexual advances.
Research Interests:
In July 2016 harrowing images of a child being forcibly restrained in Don Dale Youth Detention Centre in Australia’s Northern Territory shone a national spotlight on the conditions experienced by some young persons in custody. The... more
In July 2016 harrowing images of a child being forcibly restrained in Don Dale Youth Detention Centre in Australia’s Northern Territory shone a national spotlight on the conditions experienced by some young persons in custody. The subsequent Royal Commission provides an important opportunity for an independent body with expansive powers to examine the human rights violations that some youth experience in detention. This article examines Australian media coverage of the Don Dale incidents to question whether an international human rights law perspective was embraced and the degree to which such a perspective offers a useful vantage point for understanding and responding to the abuses at Don Dale. The article concludes that the international human rights framework provides a valuable perspective for communicating the gravity of the treatment of young people in detention and from which the Federal Government can draw to ensure an effective response to the violations committed.
Research Interests:
Research Interests:
In 2011 the high profile murder of Clare Wood led to the introduction of the national domestic violence disclosure scheme (‘Clare’s Law’) in England and Wales. The scheme aims to prevent the perpetration of violence between intimate... more
In 2011 the high profile murder of Clare Wood led to the introduction of the national domestic violence disclosure scheme (‘Clare’s Law’) in England and Wales. The scheme aims to prevent the perpetration of violence between intimate partners through the sharing of information about prior histories of violence. Despite already spreading to comparable jurisdictions in the UK and Australia, to date the merits of a domestic violence disclosure scheme have been the subject of limited scholarly review and analysis. This article provides a timely critical analysis of the need for and merits of Clare’s Law. It examines the data impediments to the scheme, the need to balance the right to protection with the right to privacy and the question of victim empowerment versus responsibilization and victim blaming. The article concludes that there is a need to heed caution in adopting this policy elsewhere.
Research Interests:
The law’s response to child offenders has long animated debate and sparked doctrinal law reform in England and Wales. The provision of legal protections for children in trouble with the law has been central to such debates, and questions... more
The law’s response to child offenders has long animated debate and sparked doctrinal law reform in England and Wales. The provision of legal protections for children in trouble with the law has been central to such debates, and questions surrounding the age at which a child should be held criminally responsible remain a contested area of law both domestically and internationally. In 1998 England and Wales abolished the presumption of doll incapax and retained the minimum age of criminal responsibility at 10 years old; two years below the United Nations’ recommended standard. This article examines the legal protections provided for child offenders under English
criminal law with a focus on the adequacy of the age of criminal responsibility, the now abolished presumption of doli incapax and the merits of a developmental immaturity defence. Drawing on
data obtained from interviews conducted with members of the English criminal justice system, this article analyses the extent to which legal practitioners perceive that the existing provisions
are adequate and concludes by reinvigorating debate surrounding the need for future review and reform.
criminal law with a focus on the adequacy of the age of criminal responsibility, the now abolished presumption of doli incapax and the merits of a developmental immaturity defence. Drawing on
data obtained from interviews conducted with members of the English criminal justice system, this article analyses the extent to which legal practitioners perceive that the existing provisions
are adequate and concludes by reinvigorating debate surrounding the need for future review and reform.
Research Interests:
In 2003, the UK Parliament introduced a presumptive minimum sentencing scheme for the offence of murder. Schedule 21 of the Criminal Justice Act 2003 sought to achieve greater consistency in the setting of minimum terms of imprisonment,... more
In 2003, the UK Parliament introduced a presumptive minimum sentencing scheme for the offence of murder. Schedule 21 of the Criminal Justice Act 2003 sought to achieve greater consistency in the setting of minimum terms of imprisonment, while also providing a clear directive to judges on the need to punish and deter particularly aggravating contexts of intentional lethal violence. This article critically analyses the effects of this approach to sentencing, with 10 years' hindsight, and considers whether the continued imposition of a presumptive minimum sentencing scheme is in the best interests of justice. To examine the impacts of the 2003 Act, the article draws on interviews conducted with 26 English legal practitioners. It concludes that the introduction of a sentencing guideline for murder, alongside the repeal of Schedule 21, would better align sentencing practices for murder with those of other serious offences while also arguably allowing for more proportionate sentences to be applied on an individual case-by-case basis.
Research Interests:
Legal judgment writing mobilises a process of story-telling, drawing on existing judicial discourses, precedents and practices to create a narrative relevant to the specific case that is articulated by the presiding judge. In the Feminist... more
Legal judgment writing mobilises a process of story-telling, drawing on existing judicial discourses, precedents and practices to create a narrative relevant to the specific case that is articulated by the presiding judge. In the Feminist Judgments projects feminist scholars and activists have sought to challenge and reinterpret legal judgments that have disadvantaged, discriminated against or denied women’s experiences. This paper reflects on the process of writing as a feminist judge in the Australian Project, in an intimate homicide case, R v Middendorp. Drawing on the work of Judith Butler on intelligibility, iterability and the communality of violence and vulnerability, this article argues that feminist judgments necessarily require some uncomfortable compromises with unjust gendered institutions. While ‘donning the robes’ may be an uncomfortable process, a feminist re-articulation of the law’s carceral power serves to unsettle and challenge some aspects of gendered oppression, even though it cannot unsettle the operation of the institution. The article concludes that effective feminist interventions by members of the judiciary may require donning robes that are not entirely comfortable in order to persuade and advocate for change.
Research Interests:
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... more
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.
Research Interests:
In October 2010, provocation was abolished as a partial defence to murder in England and Wales. Through the introduction of the Coroners and Justice Act 2009 (UK), alongside a host of other reforms to the law of homicide, the British... more
In October 2010, provocation was abolished as a partial defence to murder in England and Wales. Through the introduction of the Coroners and Justice Act 2009 (UK), alongside a host of other reforms to the law of homicide, the British Government implemented a new partial defence of loss of control. The formulation of a loss of control partial defence sought to overcome the problems previously associated with the provocaton defnece and the gendered operation of the law of homicide, particularly in relation to male-perpetrated intimate homicides, and the perceived inability of the law to adequately respond to the contexts within which battered women kill. In the wake of the 2010 law reforms, this study has two purposes, first to provide an account of the legal developments to the English law of homicide, and second, to examine legal stakeholder’s perceptions of these developments. Drawing from in-depth interviews conducted with English criminal justice professionals, this article considers respondent perceptions of the operation of the law of homicide during a period of transition, specifically considering the formulation of the new partial defence, the initial effects of its implementation and the significant variances between the recommendations of the Law Commission.
Research Interests:
In November 2005, the Victorian Government implemented a new offence of defensive homicide, alongside the abolition of the partial defence of provocation. This new category of homicide was introduced, not as a replacement for the... more
In November 2005, the Victorian Government implemented a new offence of defensive homicide, alongside the abolition of the partial defence of provocation. This new category of homicide was introduced, not as a replacement for the abolished provocation defence, but rather as a ‘safety net’ between murder and an acquittal for women who kill in response to prolonged family violence. Since its implementation, the operation of this new offence has already begun to raise concern, particularly in relation to its successful use in the 2010 trial of Luke Middendorp. Using defensive homicide as a case study, this article examines the continued delegitimisation of victims in the Victorian criminal justice process. Specifically, it draws from a transcript analysis of cases resolved in the first seven years of the offence’s operation, to consider the use of the offence in three contexts: when raised by men who have killed a female intimate partner; where successfully used in cases of lethal male on male violence; and where applied to female defendants who have killed in response to prolonged family violence. The resulting theoretical discussion suggests that in the wake of abolishing provocation the Victorian law of homicide has continued to minimise the status of victims and in so doing, has been unable to distance itself from the narratives of victim blame, denigration and delegitimisation that were previously linked to the operation of the controversial provocation defence.
Research Interests:
Over the past three decades, debates about legal reforms to lethal violence have been evident across Australia and in other jurisdictions. While these debates have often arisen from shared concerns, the resulting reforms have taken... more
Over the past three decades, debates about legal reforms to lethal violence have been evident across Australia and in other jurisdictions. While these debates have often arisen from shared concerns, the resulting reforms have taken different approaches to reformulating the defences to murder. This article considers the divergent approaches taken to reform and the process of law reform itself, documenting the significance of localised histories and high profile cases. It also questions whether reforms to the defences to murder have responded adequately to the varying contexts within which men and women kill. The analysis reveals the limitations of law reform inquiries that fail to take a comprehensive approach to considering the operation of the laws in this area. The article calls for ongoing critical analysis of homicide within and beyond the law.
Research Interests:
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... more
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.
Research Interests:
Research Interests:
Research Interests:
Over the past two decades significant debate has emerged surrounding the operation of the partial defence of provocation. Such debates have led to its abolition in several Australian and international jurisdictions where Government and... more
Over the past two decades significant debate has emerged surrounding the operation of the partial defence of provocation. Such debates have led to its abolition in several Australian and international jurisdictions where Government and Law Commission bodies have argued that provocation has operated in a gender biased way that is no longer reflective of community values and expectations of justice. In contrast to the Australian states of Tasmania, Victoria and Western Australia, who have transferred consideration of provocation to sentencing, New South Wales (NSW) has retained provocation as a partial defence to murder. Drawing upon in-depth interviews conducted with legal stakeholders and an analysis of recent case law, this article considers whether the operation of provocation in NSW is still in the best interests of justice, and, specifically, whether in practice it privileges one gender above the other. This research concludes that the continued operation of provocation in NSW raises key issues surrounding the legitimisation of male violence against women, the denial and minimisation of the harm caused by lethal domestic violence, and the continued inability of the law to appropriately respond to women who kill in the context of prolonged family violence.
Research Interests:
Research Interests:
Research Interests:
To cite this article: Fitz-Gibbon, Kate. Women Who Kill [Book Review] [online]. Australian and New Zealand Journal of Criminology, The, Vol. 43, No. 1, Apr 2010: 191-193. Availability:... more
To cite this article: Fitz-Gibbon, Kate. Women Who Kill [Book Review] [online]. Australian and New Zealand Journal of Criminology, The, Vol. 43, No. 1, Apr 2010: 191-193. Availability: <http://search.informit.com.au/documentSummary;dn=094526044806869;res=IELHSS> ...
Research Interests:
The operation of the partial defence of provocation has animated significant debate for more than two decades among scholars, legal practitioners, politicians and the community. In recognition of the injustices that result from its... more
The operation of the partial defence of provocation has animated significant debate for more than two decades among scholars, legal practitioners, politicians and the community. In recognition of the injustices that result from its operation, criminal justice systems worldwide have conducted reviews of the law of provocation and have implemented divergent reforms targeted at minimizing the influence of gender bias in the law's operations. Drawing on the voices of over one hundred members of the Victorian, New South Wales and English criminal justice systems, this book provides a much-needed comparative analysis of the operation of this controversial partial defence to murder, the varied approaches taken to reforming the law of provocation and the effects of these reforms in practice.
Centrally concerned with conceptual questions of gender, justice and the role of denial in the criminal justice system, Fitz-Gibbon's analysis provides a unique view of the injustice of the provocation defence alongside the unintended consequences of homicide law reform that either retains, replaces or abolishes the doctrine. This insightful book offers valuable lessons for future jurisdictions that seek to improve the adequacy of the law's response to lethal violence and to solve the problem of provocation, and will appeal to scholars of Criminology, Socio-Legal Studies and Law, as well as domestic violence advocates and legal stakeholders.
Centrally concerned with conceptual questions of gender, justice and the role of denial in the criminal justice system, Fitz-Gibbon's analysis provides a unique view of the injustice of the provocation defence alongside the unintended consequences of homicide law reform that either retains, replaces or abolishes the doctrine. This insightful book offers valuable lessons for future jurisdictions that seek to improve the adequacy of the law's response to lethal violence and to solve the problem of provocation, and will appeal to scholars of Criminology, Socio-Legal Studies and Law, as well as domestic violence advocates and legal stakeholders.
Research Interests:
Tina Thomas would have been turning 35 on the day that her husband of less than two weeks stood trial for her murder in the Jefferson County Courthouse in Birmingham, Alabama. Eight years and almost four months had passed since Tina died... more
Tina Thomas would have been turning 35 on the day that her husband of less than two weeks stood trial for her murder in the Jefferson County Courthouse in Birmingham, Alabama. Eight years and almost four months had passed since Tina died on her honeymoon, while scuba diving near the SS Yongala wreck on the Great Barrier Reef in Northern Queensland, Australia. During this period, there had been extensive police investigations conducted by local, state and federal agencies in Queensland and the United States; a coronial inquest; a ridiculed plea bargain; a successful appeal against the manifest inadequacy of a 12 month sentence; 18 months served in Borallon Correction Centre in Queensland; a grand jury indictment; several days spent in an Australian immigration detention centre; an international agreement not to seek the death penalty; a deportation and several pre-trial hearings - every step of which was covered by endless public, media and social commentary. As the trial of Gabe Watson on a charge of capital murder for pecuniary gain began, so too did the possible final chapter in this tragic, drawn-out story. Monday 13 February 2012 provided the date for the commencement of Gabe's capital murder trial in Alabama, and the possibility that a second chance for justice could unfold...or could it? From the perspectives of the police, the prosecution, the defence and Tina and Gabe's families, this book examines the ongoing quest for justice in the controversial double prosecution of Gabe Watson for the death of Tina Thomas.
Research Interests:
At a time when criminal justice systems internationally are facing new challenges surrounding the openness, cost and effectiveness of justice, the interaction between those within the system and those researching its operation is... more
At a time when criminal justice systems internationally are facing new challenges surrounding the openness, cost and effectiveness of justice, the interaction between those within the system and those researching its operation is increasingly important. For criminologists, a better understanding of the experiences and perceptions of those operating at all levels of the justice system yields valuable insight surrounding the practical operation of the law. Such insight allows research to go beyond an analysis of how the law should operate and justice should be achieved, to understand how this actually occurs in practice. This is increasingly important in light of research that identifies a gap between the intent of legislation and reform, and its subsequent operation. In emphasising the importance of criminological research that penetrates barriers between those researching and those operating within the law, this chapter examines the use of qualitative research interviews with members of the criminal justice system. It considers issues surrounding gaining access to those within the system alongside the value of research that does so. The chapter also emphasises the importance of managing and maintaining research partnerships with members of the criminal justice system.
Research Interests:
This chapter examines the extent to which discourses of masculinity are influential in the sentencing of children convicted of a homicide offence in Victoria (Australia). Drawing on an analysis of ten years of sentencing judgments from... more
This chapter examines the extent to which discourses of masculinity are influential in the sentencing of children convicted of a homicide offence in Victoria (Australia). Drawing on an analysis of ten years of sentencing judgments from the Victorian Supreme Court, the chapter explores the judicial construction of dangerous and irresponsible masculinity, judicial responses to collective violence, judicial discourses of understanding and the emergence of judicial discourses of redemption and rehabilitation. This chapter contends that by viewing the actions of young men convicted of a homicide offence through the lens of vulnerable masculinity the intricacies of masculine lethal violence and an offender’s background can be better understood and contextualised.
Research Interests:
This chapter examines what can be learnt from the nearly nine-year operation of the offence of defensive homicide. The first half of the chapter presents a detailed case analysis of the operation of the offence and the contexts of lethal... more
This chapter examines what can be learnt from the nearly nine-year operation of the offence of defensive homicide. The first half of the chapter presents a detailed case analysis of the operation of the offence and the contexts of lethal violence in which defensive homicide was raised as an alternative category to murder. As cases of female perpetrated defensive homicide are examined in detail in earlier chapters, this chapter does not go into significant detail in exploring these cases but rather focuses predominately on male perpetrated defensive homicide. Drawing from the case analysis, the second half of the chapter considers what can be learnt from the introduction, operation and abolition of the offence of defensive homicide for future homicide law reform exercises in Victoria and elsewhere.
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Research Interests:
“I have never had a case that involved a female perpetrator of coercive control, and no such cases are documented in the literature” (Stark, 2007, p. 377). Stark's observation has become somewhat of a “truism” in the wider debate... more
“I have never had a case that involved a female perpetrator of coercive control, and no such cases are documented in the literature” (Stark, 2007, p. 377). Stark's observation has become somewhat of a “truism” in the wider debate surrounding coercive control. Yet simultaneously coercive control is asserted as a gendered process, understandings of which appear to have elided and conflated victimhood and perpetration with femininity and masculinity. The purpose of this paper, based on empirical data, is to unpick some of these elisions and conflations and offer a more nuanced understanding of these debates using the lens of hegemonic masculinity. This paper is based on data derived from a national online survey conducted in Australia in 2021. The aim of this paper is to explore, and better understand male reported experiences of coercive control victimisation. The survey was completed by 1261 people, 206 (17%) of whom identified as men. These 206 responses are the focus of this paper. Representing one of the most comprehensive studies of men's self-reported experiences of coercive control, this survey data provides some insight into how male victim-survivors define and understand what they considered to be their experiences of coercive control. The findings provide an opportunity to offer a more nuanced appreciation of men's experiences of being in control, out of control or losing control.
Research Interests:
The term femicide, while contested, focuses attention on women killed by men’s violence. This focus has generated work on its nature and extent much of which examines the lethal act and the lethal actor in which the death is counted.... more
The term femicide, while contested, focuses attention on women killed by men’s violence. This focus has generated work on its nature and extent much of which examines the lethal act and the lethal actor in which the death is counted. These counts are themselves incomplete. Despite their shortcomings, these ‘thin’ counts have contributed to the increasing impetus for a wide range of global and local prevention and response initiatives designed to draw attention to femicide. ‘Thin’ counts, measuring as they do, who does what to whom, while justified and justifiable, are a surface manifestation of the deeper embrace of social ecological theory within this field of work. This theory, originating in the work of Brofenbrenner, has functionalist tendencies which fail to assign explanatory power or salience to any one variable. This approach provides a narrow vision of what counts as femicide: a ‘thin’ count. However, if femicide was viewed through a wide-angled lens and incorporated all th...
Research Interests:
At a time when criminal justice systems internationally are facing new challenges surrounding the openness, cost and effectiveness of justice, the interaction between those within the system and those researching its operation is... more
At a time when criminal justice systems internationally are facing new challenges surrounding the openness, cost and effectiveness of justice, the interaction between those within the system and those researching its operation is increasingly important. For criminologists, a better understanding of the experiences and perceptions of those operating at all levels of the justice system yields valuable insight surrounding the practical operation of the law. Such insight allows research to go beyond an analysis of how the law should operate and justice should be achieved, to understand how this actually occurs in practice. This is increasingly important in light of research that identifies a gap between the intent of legislation and reform, and its subsequent operation. In emphasising the importance of criminological research that penetrates barriers between those researching and those operating within the law, this chapter examines the use of qualitative research interviews with members of the criminal justice system. It considers issues surrounding gaining access to those within the system alongside the value of research that does so. The chapter also emphasises the importance of managing and maintaining research partnerships with members of the criminal justice system.
Research Interests:
This book brings together feminist academics, lawyers and activists to present an impressive collection of alternative judgments in a series of Australian legal cases.
Research Interests:
The partial defence of provocation has long attracted controversy and animated law reform in Australia and elsewhere. In June 2012, debate surrounding the provocation defence reignited in New South Wales following the trial and sentencing... more
The partial defence of provocation has long attracted controversy and animated law reform in Australia and elsewhere. In June 2012, debate surrounding the provocation defence reignited in New South Wales following the trial and sentencing of Chamanjot Singh for manslaughter (by reason of provocation). In the wake of Singh, the NSW Legislative Council established a Select Committee to undertake a review of the partial defence of provocation. This article builds on the work done by the NSW Select Committee on the Partial Defence of Provocation in 2013. In doing so, it examines the merits of the newly formulated partial defence of 'extreme' provocation and argues that NSW would be better placed to repeal provocation as a partial defence and transfer its consideration to sentencing. It is argued that by reforming sentencing guidelines for murder in NSW, the law may be able to move beyond the problems traditionally associated with the provocation defence and more adequately respo...
Research Interests:
Research Interests:
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.
Research Interests:
Research Interests:
The article explores the meaning of ‘justice’ for women with disability who have experienced and reported violent crimes, typically, sexual assault and family violence. It contributes to the small body of literature that considers justice... more
The article explores the meaning of ‘justice’ for women with disability who have experienced and reported violent crimes, typically, sexual assault and family violence. It contributes to the small body of literature that considers justice as articulated by those who have experienced violence and represents the only published research that brings to the fore perspectives on justice from the viewpoint of women with disability. Based on interviews and focus groups with 36 women with disability in the Australian states of Victoria and New South Wales, it explores these women’s ‘justice’ ideals and the gap between those ideals and the responses they received from the service and criminal justice systems. Mostly, the women’s desired outcomes in response to reports of violence were focused on recognition of what had occurred, an acknowledgement of their rights and status, and a pathway to security and safety. These desires related to justice were linked to being able to leave a situation o...
Research Interests:
Research Interests:
Over the past decade, homicide law reform surrounding the partial defences to murder has animated debate among criminological scholars and legal stakeholders in Australia and the United Kingdom. In response to these debates, criminal... more
Over the past decade, homicide law reform surrounding the partial defences to murder has animated debate among criminological scholars and legal stakeholders in Australia and the United Kingdom. In response to these debates, criminal jurisdictions have conducted reviews of the partial defences to murder and implemented reforms targeted at reducing gender bias in the law which has played out through the operation of the partial defence of provocation. This research examines the different approaches taken to addressing the problem posed by provocation in Victoria, New South Wales and England. In doing so, it explores questions around the need for reform to the law of homicide, the effects of these reforms in practice, and the influential role of sentencing in questions surrounding homicide law reform. Throughout the analysis key frameworks of criminological thought in relation to feminist engagements with the law, the conceptualisation of denial and the influence of law and order poli...
Research Interests:
Times of crisis are associated with increased violence against women, often with reduced access to support services. COVID-19 is no exception with public health control measures restricting people’s movements and confining many women and... more
Times of crisis are associated with increased violence against women, often with reduced access to support services. COVID-19 is no exception with public health control measures restricting people’s movements and confining many women and children to homes with their abusers. Recognising the safety risks posed by lockdowns the United Nations declared violence against women ‘the shadow pandemic’ in April 2020. In the Australian state of Victoria, residents spent over a third of 2020 in strict lockdown. Based on an online survey of 166 Victorian practitioners between April and May 2020 using rating scales and open-ended questions, our study revealed that women’s experiences of intimate partner violence (IPV) intensified during lockdown. COVID-19 restrictions created new barriers to help-seeking and necessitated the rapid transition to remote service delivery models during a time of heightened risk. This article provides insights into how practitioners innovated and adapted their practi...
Research Interests:
This submission brings together the views of scholars from the Border Crossing Observatory and the Monash Gender and Family Violence Focus Program at Monash University whose past and current research informs the concerns and issues raised... more
This submission brings together the views of scholars from the Border Crossing Observatory and the Monash Gender and Family Violence Focus Program at Monash University whose past and current research informs the concerns and issues raised in this submission, and InTouch Multicultural Centre Against Family Violence who work with women and children from culturally and linguistically diverse backgrounds (CALD) who are victims/survivors of domestic violence in Victoria.
Research Interests:
Research Interests:
Research Interests:
Drawing on expertise and research projects undertaken by members of the Centre, our submission focuses on:· Standard non-parole periods for murder, · Mandatory life sentences for murder, · Sentences imposed for domestic and family... more
Drawing on expertise and research projects undertaken by members of the Centre, our submission focuses on:· Standard non-parole periods for murder, · Mandatory life sentences for murder, · Sentences imposed for domestic and family homicides, and· Aggravating factors on sentence. The submission also provides information about a current Australian Research Council discovery project currently being completed by members of the Centre which may be of interest to the Council’s review
Research Interests:
This submission has been prepared by members of the Monash Gender and Family Violence Prevention Centre (MGFVPC), the Monash Gender, Peace and Security Centre (GPS), and the University of Liverpool (UK). It focuses on how the COVID-19... more
This submission has been prepared by members of the Monash Gender and Family Violence Prevention Centre (MGFVPC), the Monash Gender, Peace and Security Centre (GPS), and the University of Liverpool (UK). It focuses on how the COVID-19 pandemic has impacted the nature and prevalence of domestic violence against women as well as service responses to women and children experiencing violence. Our submission is focused on Australia, the Indo-Pacific, England and Wales.
Research Interests:
The Royal Commission into Family Violence made 227 recommendations to transform Victoria’s family violence system. These were based on evidence gathered from 1,000 written submissions, 44 group sessions and 25 days of public hearings with... more
The Royal Commission into Family Violence made 227 recommendations to transform Victoria’s family violence system. These were based on evidence gathered from 1,000 written submissions, 44 group sessions and 25 days of public hearings with 220 witnesses. On the same day as the commission released its report, Victorian Premier Daniel Andrews committed his government to implementing all of the recommendations. The Victorian government should be commended for its commitment to delivering the royal commission’s recommendations. But challenges remain. Read the full article on The Conversation.
In 2003, the UK Parliament introduced a presumptive minimum sentencing scheme for the offence of murder. Schedule 21 of the Criminal Justice Act 2003 sought to achieve greater consistency in the setting of minimum terms of imprisonment,... more
In 2003, the UK Parliament introduced a presumptive minimum sentencing scheme for the offence of murder. Schedule 21 of the Criminal Justice Act 2003 sought to achieve greater consistency in the setting of minimum terms of imprisonment, while also providing a clear directive to judges on the need to punish and deter particularly aggravating contexts of intentional lethal violence. This article critically analyses the effects of this approach to sentencing, with 10 years' hindsight, and considers whether the continued imposition of a presumptive minimum sentencing scheme is in the best interests of justice. To examine the impacts of the 2003 Act, the article draws on interviews conducted with 26 English legal practitioners. It concludes that the introduction of a sentencing guideline for murder, alongside the repeal of Schedule 21, would better align sentencing practices for murder with those of other serious offences while also arguably allowing for more proportionate sentences ...
Research Interests:
Research Interests:
Research Interests:
Research Interests:
The analysis reveals legal practitioner support for the abolition of the mandatory life sentence for murder in England and Wales. The article analyses interviews conducted in 2010 with members of the English criminal justice system,... more
The analysis reveals legal practitioner support for the abolition of the mandatory life sentence for murder in England and Wales. The article analyses interviews conducted in 2010 with members of the English criminal justice system, including legal counsel, members of the judiciary and relevant policy stakeholders.
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Domestic and family violence (DFV) is a national crisis in Australia. There is increasing recognition across Australian industries and internationally that DFV is a workplace issue. Experiences of DFV not only impacts on victim-survivor's... more
Domestic and family violence (DFV) is a national crisis in Australia. There is increasing recognition across Australian industries and internationally that DFV is a workplace issue. Experiences of DFV not only impacts on victim-survivor's engagement in the workforce but also their work performance and their career progression. Workplaces can be common sites of DFV with perpetrators utilising a range of abusive behaviours to disrupt individual's participation in the workplace and their engagement with co-workers and managers. Furthermore, there is growing consensus that workplaces can play a critical role in responding to DFV through supporting employees affected by DFV.
Research Interests:
A key outcome of the National Plan to Reduce Violence against Women and their Children is that perpetrators stop their violence and are held to account. A major pathway to achieving this outcome is the effective use of interventions with... more
A key outcome of the National Plan to Reduce Violence against Women and their Children is that perpetrators stop their violence and are held to account. A major pathway to achieving this outcome is the effective use of interventions with perpetrators of violence against women. In recent years, Australian States and Territories have moved towards increased use of perpetrator interventions in response to domestic and family violence as a way of holding perpetrators to account with the aim of stopping violence. This statement draws from the findings of the ANROWS Project - Perpetrator Interventions in Australia: A national study of judicial views and sentencing practice for domestic violence offenders (Fitz-Gibbon et al, 2020). The project aimed to understand judicial views, understandings and practices in relation to perpetrator interventions and how these views may influence overall systemic perpetrator accountability. The project focused on three types of perpetrator interventions t...
This submission has been prepared by members of the Monash Gender and Family Violence Prevention Centre (MGFVPC).<br>Our submission provides a response to the Government's Discussion Paper. It is structured into five main... more
This submission has been prepared by members of the Monash Gender and Family Violence Prevention Centre (MGFVPC).<br>Our submission provides a response to the Government's Discussion Paper. It is structured into five main sections:<br>Defining and understanding what constitutes coercive controlCoercive control as a key risk factor prior to intimate partner femicideThe suitability of existing legal frameworks in New South WalesHow we can best address coercive control.A whole of system responses to coercive controlOur submission makes 10 recommendations to the Committee.<br>The submission also provides summary details of current research led by MGFVPC researchers to improve understandings of, and responses to coercive and controlling behaviours.
This Government review represents an important opportunity to take stock of current responses to family and domestic violence in South Australia and to seek improvement in prevention, policy and criminal justice intervention.Our... more
This Government review represents an important opportunity to take stock of current responses to family and domestic violence in South Australia and to seek improvement in prevention, policy and criminal justice intervention.Our submission is structured into four main sections: 1. Domestic Violence Disclosure Scheme (DVDS) 2. The Family Safety Framework 3. Comprehensive collection of data 4. Men's Behaviour Change ProgramsRelevant recommendations are included throughout and a summary of recommendations made is included at the conclusion of the submission.
Research Interests:
We have provided a submission to the United Nations Office of the High Commissioner for Human Rights, on resolution 30/7 on &#39;Human Rights in the Administration of Justice, including Juvenile Justice&#39;. The submission... more
We have provided a submission to the United Nations Office of the High Commissioner for Human Rights, on resolution 30/7 on &#39;Human Rights in the Administration of Justice, including Juvenile Justice&#39;. The submission examines: - Strategies to reduce the criminalisation of children; - The minimum age of criminal responsibility; - Strategies to reduce risks of violence in youth detention centres; and - Indigenous led solutions to strengthening communities and reducing over-representation.
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Research Interests:
Research Interests:
A NSW court last week dismissed Kevin Crump’s latest appeal against his natural life sentence. Crump, who has served nearly 42 years in prison for murder, has been formally denied any prospect of a meaningful life outside prison walls.... more
A NSW court last week dismissed Kevin Crump’s latest appeal against his natural life sentence. Crump, who has served nearly 42 years in prison for murder, has been formally denied any prospect of a meaningful life outside prison walls. The decision provides a timely opportunity to reconsider the viability of terms of life without parole. It further entrenches the use of terms of life without parole in Australia despite moves overseas to restrict – and in some cases eradicate – them.
Research Interests:
This Parliamentary Inquiry represents an important opportunity to address the impacts of the family law system on families when family violence is involved. It offers a critical opportunity to improve the way the system supports and... more
This Parliamentary Inquiry represents an important opportunity to address the impacts of the family law system on families when family violence is involved. It offers a critical opportunity to improve the way the system supports and responds to those affected by family violence.Our submission is structured into five sections: 1. Monash Gender and Family Violence Research Program Overview 2. Family Law System and ensuring the safety of those affected by family violence (ToR 1) 3. Arrangements in Family Courts (ToR 3) 4. Capacity of Family Law Professionals in the context of family violence responses (ToR 5) 5. A national approach to the administration and enforcement of intervention orders for personal protection (ToR 6)Relevant recommendations are included throughout; a summary of recommendations and a list of relevant references are included at the conclusion of the submission.
Research Interests:
Research Interests:
This chapter examines the extent to which discourses of masculinity are influential in the sentencing of children convicted of a homicide offence in Victoria (Australia). Drawing on an analysis of ten years of sentencing judgments from... more
This chapter examines the extent to which discourses of masculinity are influential in the sentencing of children convicted of a homicide offence in Victoria (Australia). Drawing on an analysis of ten years of sentencing judgments from the Victorian Supreme Court, the chapter explores the judicial construction of dangerous and irresponsible masculinity, judicial responses to collective violence, judicial discourses of understanding and the emergence of judicial discourses of redemption and rehabilitation. This chapter contends that by viewing the actions of young men convicted of a homicide offence through the lens of vulnerable masculinity the intricacies of masculine lethal violence and an offender’s background can be better understood and contextualised.
Research Interests:
Research Interests:
Research Interests:
Among the Victorian Royal Commission into Family Violence’s most important recommendations is the powerful acknowledgement that family violence has devastating effects on children. Commissioner Marcia Neave described children as the... more
Among the Victorian Royal Commission into Family Violence’s most important recommendations is the powerful acknowledgement that family violence has devastating effects on children. Commissioner Marcia Neave described children as the “silent victims” of family violence.
Research Interests:
This chapter examines what can be learnt from the nearly nine-year operation of the offence of defensive homicide. The first half of the chapter presents a detailed case analysis of the operation of the offence and the contexts of lethal... more
This chapter examines what can be learnt from the nearly nine-year operation of the offence of defensive homicide. The first half of the chapter presents a detailed case analysis of the operation of the offence and the contexts of lethal violence in which defensive homicide was raised as an alternative category to murder. As cases of female perpetrated defensive homicide are examined in detail in earlier chapters, this chapter does not go into significant detail in exploring these cases but rather focuses predominately on male perpetrated defensive homicide. Drawing from the case analysis, the second half of the chapter considers what can be learnt from the introduction, operation and abolition of the offence of defensive homicide for future homicide law reform exercises in Victoria and elsewhere.