Jope and Kini were both 19 years-old. They had been at school together and disliked each other intensely. Jope was much bigger than Kini and had repeatedly bullied him.

Jope became very friendly with Kini's 16 years-old sister, Doris. Eventually they had sexual intercourse.

Kini was upset by his sister's friendship with Jope. One evening, Kini went to Jope's house and demanded that Jope stop seeing his sister. Kini threatened to beat Jope up if he did not back off. In response, Jope blurted out that he was too late because they had already slept together. Furious, Kini launched himself at Jope but was easily fended off. Jope seized Kini, twisted his arm behind his back, and forced him out of the house. Once outside, Jope released his hold and threw Kini to the ground. Jope laughed, turned his back and started to walk back towards the house. Kini grabbed a bush knife which happened to be lying on the ground next to him, leaped up, and stabbed Jope twice in the back, killing him. When questioned by the police, Kini said: "I don't really know what I was thinking; I just remember being furious with him."

i. Assess the potential liability of Kini for the death of Jope.

Notes.

Your answer should: (1) identify the issues, (2) identify the law relevant to the issues, and (3) analyse the evidence in light of the law of Fiji jurisdiction.

In identifying the relevant law, start with the statutory provisions. Case-law is to be used to interpret the statutory provisions or to fill in gaps.