WDW101Y1 Chapter Notes -Mitigating Factor, Actus Reus, Appellate Court
19 Nov 2012
School
Department
Course
Professor
Document Summary
Facts: the accused admitted stabbing his wife 47 times but claimed to have it done due to his wife"s insulting words which led him to an automatistic state, which he stated as a whooshing sensation. After he recovered from the momentary blackout, he found himself holding a six-inch hunting knife and observed his wife slumping over on the seat. He disposed of the body, cleaned up and flew to mexico. In his defense, the accused claimed of his condition throughout the murder: insane automatism, non-insane automatism, lack of intent and also claimed provocation. The lower court decisions: the trial judge ruled that the defence had laid a proper evidentiary foundation for insane automatism. As the defendant instructed jury on insane automatism, intention in relation to second degree murder and provocation, the lower courts found the accused guilty of manslaughter and sentenced him to seven years" imprisonment. Appeal upheld accused"s conviction and dismissed the crown"s appeal of the sentence.
