Jackie is a 56 year old woman. She is charged with having murdered her younger sister, Pamela, by hitting her once over the head with a hammer. Pamela died almost immediately following the incident from a brain haemorrhage.

At the time of the incident, Jackie and Pamela had been living next door to each other. Pamela lived with her daughter, Cindy. Jackie lived alone.

About 6 months prior to the incident, Jackie and Pamela had a falling out over a man they had both been interested in, Sam. The man had been dating both women at once, and when the sisters became aware of the situation, animosity grew.

Jackie told police during an interview that Pamela and Cindy were extremely rude to her, teasing her about her weight and her relationship with Sam. They often abused her and were disrespectful to her. At about 7pm the night of the incident, Jackie became so upset by the noise and teasing coming from her sister's apartment, that she picked up a hammer and went next door. She entered the backyard, where her sister and niece were, and swung the hammer towards her sister's head, hitting her in the temple. Pamela dies as a result of the injuries inflicted by Jackie.

Cindy witnessed the incident and called an ambulance and the police. At the time of the incident, Jackie had consumed about 6 beers, and had been using a small amount of ice.

Jackie comes into your office after she has been charged. She tells you that she has been charged with murder. She asks you to advise her of the law in relation to her charge.

Your letter should address the following issues:

1. The Court draws a distinction between murder and manslaughter. Explain this distinction to your (fictional) client. Also explain the elements required to satisfy murder and manslaughter under theCrimes Act 1900(NSW).