TY - JOUR
T1 - To punish or not to punish? Dealing with death or serious injury of a child or vulnerable adult
AU - Clayton-Helm, Lauren
N1 - Published online 16th December 2014.
PY - 2014/12/1
Y1 - 2014/12/1
N2 - This article examines the Domestic Violence, Crime and Victims (Amendment) Act 2012, and how it has further developed the law in order to punish offenders where there are multiple defendants, and it is clear one of them caused death or serious physical harm to a child or vulnerable adult. Having considered how the 2012 Amendment Act developed the law from the position under the Domestic Violence, Crime and Victims Act 2004, the article also explores what the 2004 Act failed to address. Some of the terminology used in the 2004 Act is problematic and was not considered by the 2012 Amendment Act. This article considers that terminology in further detail before asserting that, despite it remaining as problematic, the 2012 Amendment Act has still made an important step forward in the law, and has bridged a gap to ensure more guilty defendants are punished.
AB - This article examines the Domestic Violence, Crime and Victims (Amendment) Act 2012, and how it has further developed the law in order to punish offenders where there are multiple defendants, and it is clear one of them caused death or serious physical harm to a child or vulnerable adult. Having considered how the 2012 Amendment Act developed the law from the position under the Domestic Violence, Crime and Victims Act 2004, the article also explores what the 2004 Act failed to address. Some of the terminology used in the 2004 Act is problematic and was not considered by the 2012 Amendment Act. This article considers that terminology in further detail before asserting that, despite it remaining as problematic, the 2012 Amendment Act has still made an important step forward in the law, and has bridged a gap to ensure more guilty defendants are punished.
KW - Domestic violence
KW - multiple defendants
KW - vulnerable adults
KW - criminal family justice
U2 - 10.1177/0022018314557410
DO - 10.1177/0022018314557410
M3 - Article
VL - 78
SP - 477
EP - 485
JO - The Journal of Criminal Law
JF - The Journal of Criminal Law
SN - 0022-0183
IS - 6
ER -