Should the Defence of Provocation Be Available to Battered Women Who Kill?

This article explores whether the defence of provocation should be available to females who kill their partners as victims of domestic violence in Ireland. This article focuses on the female perspective of domestic abuse, although acknowledges that men can also be victims of domestic abuse. Murphy argues that the current form of the defence does not adequately accommodate the female experience of violence. To support her thesis, Murphy examines “Battered Woman Syndrome”, potential avenues of law reform, the development and understanding of the defence, the inherent “maleness” of the structure of the defence, case-law that suggests judicial willingness to broaden the defence to encompass circumstances involving provocation. Murphy compares how the defence operates in other jurisdictions and explores whether the defence should be reformed or alternative defences should be expanded.