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dc.contributor.authorGoosen, Samantha
dc.date.accessioned2013-05-20T13:27:14Z
dc.date.available2013-05-20T13:27:14Z
dc.date.issued2013
dc.identifier.citationGoosen, S. 2013. Battered women and the requirement of imminence in self-defence. Potchefstroom electronic law journal (PELJ) = Potchefstroomse elektroniese regsblad (PER), 16(1):71-127 [http://www.nwu.ac.za/p-per/index.html]en_US
dc.identifier.issn1727-3781
dc.identifier.urihttp://hdl.handle.net/10394/8541
dc.description.abstractShould the South African courts abolish the traditional imminence standard, something must be used to stand in its place. The identification of the various alternatives which have been suggested to replace imminence - most notably the establishment of the "reasonable woman standard" as advanced in the case of S v Engelbrecht 2005 (92) SACR 41 (W) - has moved the law of self-defence into the realm of subjectivity. The end result not only undermines self-defence as a justification defence, but is also unworkable for a number of reasons. For instance, utilising expert testimony to explain how the battered woman’s syndrome affects individual perception would leave a judge with no meaningful way to determine if that abused woman’s belief in the imminence of danger was reasonable, even if viewed from her distorted perspective. It is suggested that no reference need be made to the "reasonable battered woman", since South African courts already do this to a limited extent by taking a number of factors into account in determining if the abused woman acted reasonably. By rethinking certain factors in the situation as a set of relatively innocuous normative propositions, the abused woman’s actions can be judged in accordance with standard propositions in the law of self-defence.en_US
dc.language.isoenen_US
dc.subjectImminence and battered womenen_US
dc.subjectAbused womenen_US
dc.subjectNecessity and abused womenen_US
dc.subjectSelf-defenceen_US
dc.subjectSelf-defence and abused womenen_US
dc.subjectDefences for abused womenen_US
dc.subjectBattered woman syndrome and imminenceen_US
dc.subjectImmediately necessaryen_US
dc.subjectRight to lifeen_US
dc.subjectPutative defenceen_US
dc.subjectCycle of violenceen_US
dc.subjectProportionality and self-defenceen_US
dc.subjectJustification and excuse and self-defenceen_US
dc.titleBattered women and the requirement of imminence in self-defenceen_US
dc.typeArticleen_US


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