MOOT QUESTION- GROUP 9

Tendai got married to Dabwiso at the age of 17. Tendai who was a Jehovah's Witness was pressured into marrying Dabwiso when she fell pregnant whilst still undertaking her A level exams at Chengelo School.

Dabwiso was one of the leaders in the church and well respected. He was also a renowned mechanic. He and Tendai started dating when Tendai was in her 11^th Grade. Dabwiso who said he no longer loved Tendai after she fell pregnant and was not sure that the child Tendai was carrying was his, felt pressured to marry Tendai, because if he didn't he would be ostracised from the church and his community. The marriage was solemnised at church on the 10^th of March 2009.

The marriage was never consummated and since the date of their marriage Dabwiso blamed Tendai for 'ruining his life'. He would come back home drunk and abuse Tendai both physically and emotionally. He often told her that he the only way out of his misery would be to kill Tendai in a manner that no one would suspect.

One night Tendai prepared food for Dabwiso; he yelled at her and threw the hot soup and nshima in her face.Tendai endured the abuse to her and her child for 5 years. As a way of coping with the abuse from her husband, she turned to drinking kachasubrewed by their next door neighbour Ba Agnes.

The events leading to the murder charge were as follows:

Dabwiso arrived home at 7 pm. As usual he started yelling at Tendai. He slapped her and shoved her against the wall. When Junior went to greet his father, he yelled at him stating 'you bastard, you are not my son, your mother is a whore and I cannot wait for the day that both of you are found dead.' Dabwiso then went into the garage. Ignoring his remarks, Tendai continued drinking her bottle of brandy whilst preparing dinner. Dabwiso called out for Tendai who was in the kitchen chopping meat. Knowing what usually happens when she does not attend to his call promptly, Tendai immediately rushed to the garage still holding the knife in her hands. Upon getting to the garge, Tendai finds Dabwiso sitting in a dark corner with a huge black leather bag, swinging a screw driver in his hands. He asked her to get closer to him, which she did. Dabwiso gave her a cold intense stare which he has given her before right before he beats her up; she quickly stabbed him with the knife in her hands 14 times, after which he dropped dead.

Tendai was convicted of murder and sentenced to death. She appeals against both the conviction and the sentencing. what would be included in the case law