Question
CRIMINAL LAW AND PROCEDURE 2 Question The following facts are taken from a summary of the Canadian case of R. v. Whynot (1983), 9 C.C.C.
CRIMINAL LAW AND PROCEDURE 2
Question
The following facts are taken from a summary of the Canadian case of R. v. Whynot (1983), 9 C.C.C. 449 (N.S.C.A.): Jane Stafford shot her sleeping common law husband as he lay passed out in his truck. The evidence at trial will indicate that the deceased "dominated the household and exerted his authority by striking and slapping the various members and from time to time administering beatings to Jane Stafford and the others". Jane says that the deceased threatened to kill all of the members of her family, one by one, if she tried to leave him. On the night in question he threatened to kill her son. After he passed out she got one of the many shotguns kept by her husband and shot him. If the case occurred in your home jurisdiction ( FIJI) , would Jane have a defence to murder (or, in Vanuatu, to intentional homicide?
Can you attempt the question in an Irac method please?
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