Question
Case Context: Jim a minor who works in the mines in remote Mines, comes home earlier than expected to find Jessica the wife in bed
Case Context:
Jim a minor who works in the mines in remote Mines, comes home earlier than expected to find Jessica the wife in bed Greg her lover, Jim outraged grabs a plunger nearby Jessica in the Stomach, Jessica "subsequently suffered asthma attack and dies, Greg jumps out through the window and Jim starts the car and follows Greg and run him over; breaking Greg's legs and causing him severe brain damage.
Question:
Discuss Jim's Excuses, noting DPP Decides Jessica's death was unforeseeable and so they do not proceeds with manslaughter, rather they charge bill with assault causing Jessica's death and unlawfully causing GBH to Greg.
Note that Provocation on assault is a total defence , what are the sections and cases to consider, and what test should be applied?
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