Case Study Of Simon Gittany

Simon Gittany was charged with the murder of Lisa Cecilia Harnum on 30 July 2011, was later found guilty on 27 November 2013 and sentenced to 18 years imprisoned without parole. At the time of Lisa Harnum's death, she and Simon Gittany were living together and were engaged to be married. Their apartment was on the 15th floor of a block of apartments in Sydney. Miss Harnum fell to her death from the balcony of that apartment. Simon Gittany was found to have deliberately lifted Miss Harnum over the balustrade and "unloaded" her body over the edge where she then fell to her death.

Intimate partner violence has been a significant issue for centuries in all countries. "Since 1974, nearly 2,600 spousal homicides have been recorded in Canada" (Bunge, 2002). Of these homicides, more than three-quarters have been against women. Although through feminism and the women's liberation movement, there has been a slight improvement in the incidences of violence against women, there has also been a drastic change in the perception of the issue by society. After reviewing the most recent literature on violence against women and victimization through intimate partners, it has become prevalent that there are now two crucial stances that are taken. The first position is that of the women being victimized as the

With regards to the Secretary of State for Justice, this report will investigate domestic violence within England and Wales. As the government advisor, I will be looking into the definitions and key legal documents associated with this crime, its prevalence within today’s society, the offenders and it’s victims of domestic abuse alongside the causes and motivations which may cause domestic violence. Furthermore, I will be giving any criticisms and recommendations I may have as to how this crime type should be addressed in the future.

To effectively reduce non-compliance, the criminal law must combat the underlying causes of crime, which can be complex. Some may commit crime due to psychological factors, such as mental illness, as demonstrated in the case of R v. Porter in 1936. Others commit crime due to social factors that influence their behaviour. For example, a disjointed family life along with dysfunctional relationships can provoke one to commit crime as one’s perspectives of appropriate behaviour may be distorted. Statistics revealed by the Australian Institute of Criminology (AIC) have found the fundamental foundation for

Out of the shadows and into the limelight, the once hidden crime of domestic violence has recently emerged within the Australian community as a widespread criminal issue. This abuse of power occurs in a relationship when one partner attempts to physically or psychologically dominate and control the other. Inflicting physical harm upon another human being is undoubtedly a breach of the criminal law, yet the Australian legal system takes little measures to protect the wider community from this type of violence. According to Family Lawyer Richard Ingleby, domestic violence has often been condoned by the legal system due to the fact that assaults occur in the ‘private’ realm of the home where legal measures are regarded as inappropriate, and interventionist. However, by overlooking domestic violence as a criminal offence, does the Australian legal system fail to adequately protect the family unit from this form of violence? Recent studies from the Australian Bureau of Statics have revealed that 23% of women who have ever been married or engaged in a de facto relationship have experienced violence by a partner at some time during the relationship. Due to the secrecy that once surrounded this kind of abuse, victims often feel unable to speak out and seek help, therefore even large surveys cannot provide accurate estimates of the extend of domestic violence within the Australia community (Domestic Violence and Incest Resource Centre, 1998). Despite the high incidence rate of

The Domestic and Family Violence Protection Act 2012 is the act of Parliament that deals with domestic violence. The key aims of the legislation are to provide immediate and short to middle term protection for aggrieved people. Under Division 2 number 8, domestic violence can be defined as “behaviour by a person (the first person) towards another person (the second person) with whom the first person is in a relevant relationship that— (a) is physically or sexually abusive; or (b) is emotionally or psychologically abusive (c) is economically abusive; or (d) is threatening; or (e) is coercive; or (f) in any other way controls or dominates the second person and causes the second person to fear for the second person’s safety or wellbeing or that of someone else as shown in Appendix A”. Violence occurs between intimate partners, husband and wife, ex - partners, step- parents, parents and their teenage or adult children as well as disabled people and their carer. (Domestic and Family Violence Protection Act 2012).

Section 76 of the Serious Crime Act 2015 to an extent has added to the existing criminal remedies by focussing not just on the physicality of domestic violence but also the psychological aspect in terms of controlling and coercive behaviour (coercive meaning acts used to harm or frighten and controlling meaning acts used to make another subordinate by isolating and depriving them ). However, it has not significantly changed the rules of evidence in protecting victims of domestic violence. In this light, it can be argued that there are problems with the implementation of section 76 in that it does not fully protect victims of domestic violence.

The effects of intimate partner violence are attenuating and extend far beyond physical scarring. The abuse of woman and children has been researched extensively by Rachel Pain (2014, p. 536) as acts of “terrorism within the home”. If we are to compare the experience of women and children living in violent homes and the act of ‘terrorism’ itself we get a corresponding experience (Pain, 2014, p. 546). The construction of fear, the loss of identity, the ongoing distress of constantly feeling unsafe, isolated from all support networks are the surreal and ongoing daily struggles for domestic violence victims. Living in such horrific conditions has immense physical and psychological effects on those directly exposed or indirectly exposed to such violence. Through this research the links between domestic violence and ill health has been well-established. In an attempt to combat this prevalence element two of It Stops Here (NSW): a “streamlined referral pathways to support victims’ safety and support their recovery” was introduced (NSW Government, 2014, p. 18). Through this second element, there has been a strong focus on being able to better identify risk and supporting victims. From the inquest inquiry into Luke’s death, Coroner Ian Grey stated that "I find that there is no validated risk-assessment tool that can accurately predict whether a parent is likely to commit filicide." (ABC News, 2015). In an attempt to close the gap on such issues in July 2015 It Stops Here (NSW)

The type of homicide in the Simon Gittany murder case would be considered Intimate partner homicide (IPH). Intimate partner homicide is distinguished by the dynamic of the relationship between victim and perpetrator characterised by an emotional attachment, including spouse, former spouse, boyfriends, girlfriends or same sex partners (Campbell, 2007). According to the Australian Institute of Criminology, homicides involving intimate partners represent 24% of all homicides nationwide and in approximately 4 of 5 cases, the victim was female and the perpetrator was male. Simone Gittany and Lisa Cecilia Harnum lived together in a de facto relationship from 2010 on the 15th floor of a central apartment block in Sydney from where

This essay will critically analyse the significant changes that have occurred within domestic violence which is viewed as a vital subject within the criminal justice system. It will explore the way that domestic violence has progressively become a concerning issue in the criminal justice system from being relatively acceptable in recent history. In addition to this, the essay will explore legislation changes in relation to domestic violence and how the police have arguably been forced to change their attitudes towards a problem that was once thought of as a private regard. It will critically analyse the theories put forward as to why domestic violence occurs in today’s society. It will explore the weaknesses within the criminal justice system, especially the police in regards to domestic violence, the police previously viewed domestic violence as a matter of which they should not get involved. However as mentioned in the essay, after many reviews within the system, many improvements have been made to help protect the victim.

Why does the essay “What Causes Crime” offer a different analysis of crime? What is wrong, in the author’s view, of the standard explanation of crime? How does the case in New Zealand (discussed in the chapter) offer an alternative explanation?

“Domestic violence is a type of abuse by one or both partners in marriage, friends, family, dating or cohabitation” (Aziz & Mahmoud, 2010). There are many forms of abuse from verbal and emotional to physical that often escalates over time in intensity for the victim. Data from the criminal justice system, hospital patient medical records and mental health records, police reports, surveys and social services reports of thousands of women revealed that many are injured and killed as a result of violence from someone close to them. “The US Office on Violence Against Women (OVW) defines domestic violence as a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner regardless of race, age, sexual orientation, religion, or gender” (Robertson & Murachver, 2009). Researchers and the criminal justice system have not been able to agree on a clear definition to domestic violence which can range from physical injury, stalking, verbal abuse and humiliation, denial of shelter and access to money, and intimidation through aggressive behaviors. The definition of domestic violence may vary but the results from physical injury, mental and emotional trauma, and sometimes even death can last a life time.

Crime is a social construction, and behaviour defined as criminal varies across time and place. Crime is an act that violate moral behaviour, but why is that not all behaviours that violate moral behaviour are labelled as crime? This is because crime is defined differently across different societies and different times. Neutralisation and drift theory helps us to explain why people abuse children by showing us how perpetrators rationalise their guilt for these actions before they physically, sexually, emotionally abuse or neglect children. They do this by blaming their actions on other people, higher forces or believing their acts are harmless. In this essay I will begin by talking about crime as a social construction then touch on child abuse in New Zealand followed by a discussion of how my social contract theory helps us to explain this crime.

Intimate terrorism and Domestic Violence- according to the text (pg. 5)intimate terrorism is where the perpetrator uses violence in the service of general control over his or her partner; the partner does not. The word intimate terrorism may be new to us but basically means almost the same as domestic violence. Domestic violence is a type of violence geared mostly toward women (but not totally). This act violence involves violence along with general control. Francine Hughes’s husband displayed this type of violence and control over her even in how she dressed. Mr. Hughes did not mind abusing his wife in front of his family and friends. Women involved in this type of relationship usually do not fight back (they are terrified of their partner)

The authors explained that Intimate Partner Violence or IPV is violent crimes committed against a person by a “current or former spouses, boyfriends, or girlfriends. (Morris, Shoffner, & Newsome, 2009) The statistics