Jane is 65 years old and been married to Jim for 40 years.

Jim belittles jane in front of friends whilst drunk and says, "You know, I could get rid of you so easily. No one would ever know."

One day Jane comes home finds empty whiskey bottles and Jim asleep. She walks over to the bed, picks up a pillow and holds it over Jims face, smothering him. Jane calls an ambulance soon after, and the recording of the phone call has her saying: "I just couldn't take it anymore. I knew that one day his threats would turn into action so I just put a stop to it."

Jane is charged with murder.

Discuss Janes liability for murder using the IRAC method.Refer to relevant legislation and case law.