WA laws need reform – women’s group

by Lydia Brisbout

May 16, 2007

Western Australian homicide laws fail to take into account the circumstances in which women kill their partners after being subjected to domestic violence, a women’s support group said today.

The comments by WA Women’s Council for Domestic and Family Violence Services Chair, Kedy Kristal, follow the acquittal this week of Magdalena Dziuba, of the wilful murder of her abusive partner.

The problem with the current laws is that they fail to take into account that women subjected to a prolonged period of abuse by their partners, often act to protect themselves when they are not necessarily under direct attack, Ms Kristal said.

This can rule out the existing defences to homicide of provocation and self defence, which require that the killing be an immediate response to provocation or violence.

“There are a number of women in prison at the moment ,who acted when they weren’t under direct attack … who had reached the end of their tether and were not acting in a thinking and logical way,” Ms Kristal said.

Such acts are seen as premeditated and the law makes little allowance for the women’s state of mind at the time, she said.

Magdalena Dziuba spent 18 months in custody awaiting trial, before a jury found that she had acted in self defence during a violent struggle with her partner.

“It is great she got off, but it is not a good example,” said Ms Kristal.

The state’s homicide laws are currently being reviewed by the Law Reform Commission of WA.

One of the issues under review is whether the current defences should be amended to enable abused women to rely upon them, or whether a separate defence should be established for women who kill in response to serious and prolonged domestic violence.