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An analysis of the Battered Wife Theory in the context of the crime of murder in South African criminal law
Dissertation (LLM)--University of Pretoria, 2015.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2015
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| _version_ | 1867613643262132224 |
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| access_status_str | Open Access |
| author2 | Carstens, Pieter Albert, 1960- |
| author_browse | Carstens, Pieter Albert, 1960- |
| author_facet | Carstens, Pieter Albert, 1960- |
| collection | Thesis |
| dc_rights_str_mv | © 2015 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Dissertation (LLM)--University of Pretoria, 2015. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/46125 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:24.464Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2015 |
| publishDateRange | 2015 |
| publishDateSort | 2015 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/46125 An analysis of the Battered Wife Theory in the context of the crime of murder in South African criminal law Carstens, Pieter Albert, 1960- Van Graan, Cornelia Luise UCTD Law theses SDG-05 Law theses SDG-16 SDG-05: Gender equality SDG-16: Peace, justice and strong institutions Dissertation (LLM)--University of Pretoria, 2015. This dissertation examines the criminal law defences as well as various psychological theories available to the accused who killed his or her abuser after a period of severe abuse. The study first examines the Constitution of the Republic of South Africa to determine whether or not the Constitution allows for the development of the criminal law defences and whether or not the existing defences are in line with the Constitution. Thereafter a discussion on domestic violence in South Africa follows. The occurrence of domestic violence, the legislation dealing with domestic violence and the case law are examined. The short comings of The Domestic Violence Act and the social effect of domestic violence are also discussed. The dissertation continues with a discussion on the various criminal law defence as well as the psychological theories available to a “battered spouse” who killed his or her abuser. The main findings of the dissertation are that the criminal law defences are available to the “battered spouse” who killed her abuser. The “battered spouse” can rely on private defence, pathological or non pathological criminal incapacity depending on the facts of the matter. Further, although the Constitution may require development of the criminal law the psychological theories discussed does not and cannot at this stage serve as independent defences to a charge of murder. The psychological theories themselves must first be properly developed and the war between law and medicine must be resolved before the theories can be developed as independent criminal law defences. It is however important to realise that each of the psychological theories can be used to proof the existence of the existing criminal law defences. The “battered spouse” should therefore rely on one of the established criminal law defences. Lawyers and advocates alike should take care to develop the arguments they use in defence of their clients in order to bring their clients situation into the ambit of the relevant acknowledged criminal law defence. tm2015 Public Law LLM Unrestricted 2015-07-02T11:06:53Z 2015-07-02T11:06:53Z 2015/04/16 2015 Dissertation Van Graan, CL 2015, An analysis of the Battered Wife Theory in the context of the crime of murder in South African criminal law, LLM Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/46125> A2015 http://hdl.handle.net/2263/46125 en © 2015 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Law theses SDG-05 Law theses SDG-16 SDG-05: Gender equality SDG-16: Peace, justice and strong institutions An analysis of the Battered Wife Theory in the context of the crime of murder in South African criminal law |
| title | An analysis of the Battered Wife Theory in the context of the crime of murder in South African criminal law |
| title_full | An analysis of the Battered Wife Theory in the context of the crime of murder in South African criminal law |
| title_fullStr | An analysis of the Battered Wife Theory in the context of the crime of murder in South African criminal law |
| title_full_unstemmed | An analysis of the Battered Wife Theory in the context of the crime of murder in South African criminal law |
| title_short | An analysis of the Battered Wife Theory in the context of the crime of murder in South African criminal law |
| title_sort | analysis of the battered wife theory in the context of the crime of murder in south african criminal law |
| topic | UCTD Law theses SDG-05 Law theses SDG-16 SDG-05: Gender equality SDG-16: Peace, justice and strong institutions |
| url | http://hdl.handle.net/2263/46125 |