Promoting Aboriginal Women’s Human Rights – Understanding When not to Prosecute Aboriginal Women
Year: 2024
Type: article
Abstract: Legal assessments required by the law of self-defence cannot be made in the absence of an accurate understanding of the violence a person faced before they used force. This article shows how prosecutors are making errors in their decisions to prosecute Aboriginal women who have killed an abusive partner, due to inaccurate understandings of the violence faced by defendants in these circumstances. We argue this error is a fundamental error of law, not one of fact and discretionary authority. It amounts to prosecutors making decisions to prosecute Aboriginal women (and accept guilty pleas) in the absence of a prima facie case. We argue that such decisions by prosecutors can be challenged via an application for stay of proceedings for abuse of process or a ‘no case’ submission.
DOI: 10.5204/ijcjsd.3529
Authors: Stella Tarrant, Hannah McGlade, Carol Bahemia
Institutions: The University of Western Australia, Curtin University
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4401859598