Ancoats blue
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- 23 Jul 2020
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Devil's advocate here. If a woman who has been beaten for years by her abusive partner, proceeds to kill him while he's asleep (and therefore, in no position to defend himself), would your law apply then? The fact she waits for him to be asleep (rather than reaching for a knife while he's raining fists and boots on her), when she knows he's defenceless, might lead a prosecutor to claim that the "manslaughter" option can be ruled out.
FWIW, I think most juries would not convict the woman of murder (I wouldn't). I'm just opening it up for a Mrs Merton style debate.
i would call that pre-meditated , as she has pre-planned to see him off whilst he's in a sleeping or defenceless state ..... although her reasoning for doing it would come into account, yes , in my eyes ..... and personally , if i was juror in the case you mention , then i would share empathy with her , and not give a murder vote .... but that's not saying that a judge wouldn't attempt to 'direct' me' , and the rest of the jury, towards the murder vote!