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Featured researches published by Rj Bradfield.


Psychiatry, Psychology and Law | 1998

Is near enough good enough? Why isn't self‐defence appropriate for the battered woman?

Rj Bradfield

This article considers the application by the Australian courts of the defences of provocation and self‐defence to women who kill their abusive partners. Australian cases are examined to investigate the assertion that the courts tend to categorise the killing as raising the defence of provocation rather than self‐defence. It is argued, through reference to certain cases, that the practical reality is that the woman is often acting to protect her life or that of her children. The courts and the legislature in some Australian jurisdictions have been willing to expand the concept of provocation to give some recognition to the reality of the battered woman. The concerning aspect of this focus is that it diverts attention from the apparent reluctance of courts to accept the seriousness of domestic violence and the unwillingness of the courts to reconsider the application of the defence of self‐defence. This article considers the reasons for the courts reliance on provocation at the expense of self‐defence.


Psychiatry, Psychology and Law | 2002

Understanding the Battered Woman Who Kills Her Violent Partner - the Admissibility of Expert Evidence of Domestic Violence in Australia

Rj Bradfield

This article aims to challenge the traditional way in which evidence of the accuseds personal history is presented and constructed in cases where battered women kill and rely on self-defence. Although an accused (and other witnesses) may provide an account of the history of violence and her lack of alternatives other than the use of force, the potential message of reasonable necessity that this evidence might convey is usually not realised. It is contended that the current evidentiary framework of “battered woman syndrome” (BWS) relied on for the presentation of “expert evidence” to educate judges and juries in cases where women kill their violent partners works against the efforts of defence counsel to make apparent the reality of the accuseds situation. In this article, a fundamental shift from BWS evidence (with or without accompanying social framework evidence) to the reception of social framework evidence in its own right is proposed. This conceptual change aims to open the way for the legal system to think more creatively about the relevance of specific evidence relating to the personal experiences of the accused that is presented in cases where women kill their violent partners.


Trends and issues in crime and criminal justice | 2011

Public Judgement on Sentencing: Final Results from the Tasmanian Jury Sentencing Study

K Warner; Julia Davis; Mm Walter; Rj Bradfield; Rachel Vermey


Current Issues in Criminal Justice | 2001

Women Who Kill: Lack of Intent and Diminished Responsibility as the Other 'Defences' to Spousal Homicide

Rj Bradfield


Trends and issues in crime and criminal justice | 2009

Gauging public opinion on sentencing: can asking jurors help?

K Warner; Julia Davis; Mm Walter; Rj Bradfield; Rachel Vermey


University of Tasmania law review | 2000

Domestic Homicide and the Defence of Provocation: A Tasmanian Perspective on the Jealous Husband and the Battered Wife

Rj Bradfield


Criminal Law Journal | 1998

Green v The Queen

Rj Bradfield


Archive | 2011

Interviewing the Jury: Three Case Studies from the Tasmanian Jury Sentencing Study

Julia Davis; K Warner; Rj Bradfield


Archive | 2010

Jury Sentencing Survey

K Warner; Julia Davis; Mm Walter; Rj Bradfield; Rachel Vermey


Archive | 2007

Criminal Liability of drivers who fall asleep causing motor vehicle crashes resulting in death or other serious injury: Jiminez

K Warner; Rj Bradfield; K Cuthbertson

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K Warner

University of Tasmania

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T Henning

University of Tasmania

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Julia Davis

University of South Australia

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Mm Walter

University of Tasmania

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H Cockburn

University of Tasmania

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