Question

Patricia is 32 years old and she grew up in a Catholic family, who observed strict traditions. Patricia is a devout Catholic and she attends church every week. She teaches at Sunday school and often helps with local fundraising activities for the church when asked to by the local priest. She lives in a unit with her husband Harry. Patricia has only had one sexual partner because she did not believe in sex before marriage. They were married eight years ago. One Saturday afternoon Patricia was watching TV whilst she was in the kitchen making Harry some dinner. Harry came in and flicked the TV onto sports and Patricia was not impressed and said to him “You are so selfish, I do everything for you and I cannot even watch my favourite TV show!!”. Harry replied and said, “You are just a drama queen”. He then threw the TV remote at her, approached her and said “If you do not let me watch tv I will throw you down and choke you, tie you up and leave you in your room for days. That way I won’t have to hear you nagging”. He then said “You are too busy with other things and do not give me any attention. That is why I have been cheating on you with Jade, the women in apartment A1 downstairs”. Patricia was furious with Harry and without thinking stabbed Harry twice in the face with a knife, causing him to fall to the floor. She threw the dinner she had been making over him, then proceeded to stab and kill him in a savage and brutal attack. Patricia later told police, “When he said he was cheating I felt terrible, my mind started to go, like an explosion in my head, I do not remember much”. The police medical report revealed that the victim had been stabbed twice in the eye and numerous times to the back (10 stab injuries), one of which penetrated his right lung.

Advise whether Patricia is liable for murder. Advise what defences if any Patricia may raise. (NSW LAW)

Answer 1

Unlawful Killing of someone is a called murder. it can be intentional or unintentional. Killing in self-defense or killing in order to save someone is unintentional killing. The legal meaning of murder differs in different jurisdictions. These are defined as first degree, second degree, and manslaughter.

The first-degree murder is one when the person kills the other person intentionally this is the most serious of all homicide charges. To prove first-degree murder it is important to prove that the killing was preplanned, intentional, and done with the malice intention. These crimes are mostly heinous crimes.

The second-degree murder can be intentional but not preplanned. In certain jurisdictions unlawful killing of a person due to disregard for another person’s truthfulness or showing reckless behavior that instigates the person so much that he/she kills the person in a passion or rage. In this case, the situation is such that one's actions are so wanton and reckless that the killing of the other person is almost certain.

This is also a serious issue and the victim has to face years of imprisonment.

The third type of murder in manslaughter it is the murder that never preplanned and the person had no intention of killing. For example, a pedestrian getting killed unintentionally or a pedestrian got killed due to brake failure are all coming under manslaughter and the act is not intentional the person will be fine and jail it dependents upon the code of law followed by the states.

In this case, Patricia is a 32 years Old Catholic religious lady, who follows the religion seriously. She was preparing the food for her husband and simultaneously watching her favorite TV show. Her husband came and flicked the TV remote and changed it to the sports channel. She got angry at him. In response, he said that he will throw her down and choke her, tie her up, and leave her in her room for days. That way he won't have to hear her nagging. He further said that he had been cheating on her and having relations with Jade, the lady who stays downstairs.

When she heard about his cheating on her she got furious and stabbed on his face twice with the knife, he fell and she threw the food on him that she was preparing then she stabbed and killed him in a savage and brutal attack.

The defenses that Patricia can raise.1. She was a devoted wife. 2. She is not suffering from any mental disorder, 3. He instigated her first by changing the TV channel from her favorite program to Sports. She got annoyed. 4. He sort of threatened her that he can throw her down and choke her, tie her up, and leave her in her room for days. 5. He told her that as she does not have any time for him he is cheating on her and having a relationship with one Jade who stays downstairs.

According to her she is devoted to him, his having a relationship with another lady made her furious and she stabbed him not with an intention to kill but out of rage, she was not knowing what she was doing. She wanted to hit him that was the only intention.

The punishment depends upon which jurisdiction it has taken place. She can be punished with fine and imprisonment or 20-40 years of imprisonment with parole as prevalent in the state of Alabama.

She has taken away one's life and secondly, there was no physical harm or injury inflicted on her to prove she was also assaulted by him. She was the only person present when the crime happened. If the jury goes by her verdict that she was instigated by her husband, she can be considered for the lesser punishment but she cannot prove her claim.

One Jade with whom she claimed that her husband told her was having a relationship can be a fake and a made-up story.

The second version can be she knew that her husband is indeed having an affair with Jade the lady downstairs and she was furious to take revenge. There was no resistance showed by her husband and there was no injury on her body, looks like a one-sided murder. It can be preplanned or out of rage.

She has no one to prove her innocence except for her own version. It is up to the jury to decide whether the murder was preplanned or out of rage with an intention to harm him.