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3. Faculty of Law / Fakulti Undang-undang

Title:	Application of the criminal defence of provocation in intimate partner violence against women in Malaysia
Authors:	Mohd Safri Mohammed Na'aim (P94607)
Supervisor:	Ramalinggam Rajamanickam, Assoc. Prof. Dr.
Keywords:	Universiti Kebangsaan Malaysia -- Dissertations Dissertations, Academic -- Malaysia Spousal abuse Intimate partner violence
Issue Date:	8-Oct-2021
Description:	The prevalence of intimate partner violence (IPV) against women is serious as it happens all over the world, including Malaysia. IPV against women is complex as there are factors that restrain female victims of IPV from leaving their abusive relationship and being trapped in such a relationship that causes them to be subjected to continuous abuse and violence. This has resulted in the existence of cases of female victims of IPV killing their abusive partners on provocation. Although Exception 1 to section 300 of the Malaysian Penal Code provides a partial defence of provocation to murder, the defence however appears does not provide sufficient protection for female victims of IPV in the unfortunate event they lose control and kill their abusive partners. In this context, the provision does not define the term "loss of self-control", nor does it explain the legal position of cumulative provocation, has a prerequisite for suddenness that must be fulfilled, and provides no explanation on the attributes that should be ascribed to a reasonable man. Thus, the research aims to analyse the application of the defence of provocation raised by female victims of IPV in Malaysia by comparing the position of the defence in England and propose reforms to improve such defence. In order to achieve the objectives, the research adopted pure legal research in analysing the application of the defence in the context of IPV against women. The research found that female victims of IPV face difficulties in fulfilling several conditions laid down in the provision which resulting in insufficient legal protection for them. England in contrast provides better protection for female victims of IPV who rely on the defence. Therefore, the research proposes that the law on the defence of provocation in Malaysia should be amended by taking into account the specific circumstances of female victims of IPV.,Ph.D.
Notes:	e-thesis e-thesis
Pages:	317
Publisher:	UKM, Bangi
Appears in Collections:	Faculty of Law / Fakulti Undang-undang

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