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QUESTION 3 Siege. was charged tutder section 302 of the Penal Code for the murder of his wife. Apato. At the time of the incident,
QUESTION 3 Siege. was charged tutder section 302 of the Penal Code for the murder of his wife. Apato. At the time of the incident, Stego, Apato and Brachio. the deceased's asher who lived together at an unnumbered house at Kampung Lubok Antu, Sarawak. Brachio testified that at about 8.00 am on the day of the incident, while he was outside the house, washing his motorbike, he heard the need-ted and deceased quarrelling loudly in the kitchen over the accused's gambling addiction. The quarrel lasted for about ten minutes. Upon hearing the deceased's scream for help, Brachio immediately rushed inside the house and saw the deceased who could barely walk and subsequently collapsed on the oor. At the some time. Brachio saw blood on the accused's shirt and asked him what happened. The accused rushed out item the house while uttering \"I am useless, I am a shtner!". Outside the house, the accused's neighbor. Diiopho confronted the accused and asked him what had happened. Siege then shouted: "I am crazy. 1 am a killer. a murderer!" Later, the accused was arrested and charged with the offence of murder. He put up a defence of sudden grave and provocation. According to the accused. on the day ofthe incident, the deceased threatened him that it'he continue to gamble. she could no longer rennin mind to him. and he must leave the house. a] Discuss the legal status of the accused's statements. {8 marks) h} Assuming that the accused is called to enter his defence. discuss whether he can retract his so-callecl confession. {4 mks) c} Explain whether the accused can be convicted based on the above circumstantial evidence. (3 asks]
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