Wendy Chan

This chapter offers an introduction to the homicide cases by discussing and highlighting some preliminary observations arising from cases where the intentions of the defendants are the primary issue in the legal outcome. In these cases, the defendants plead either ‘guilty with no intent to kill’ or ‘not guilty to murder’. These two category of defences to homicide have been grouped together to illustrate the contrast between defences available to homicide defendants. In the examination of these cases, gender differences can be found throughout. The method and motive for the defendant killing their partner and their treatment by the criminal justice system support the claim that murder is gendered. The gendering of murder is furthermore the result of having to acknowledge the difficulties of judging the defendant according to legal principles alone. The social nature of the crime is a necessary element in determining the legal fate of the defendant, and this involves a subjective understanding of the relationship between the defendant and victim.