A man is charged with the murder of his wife. He had discovered that his wife had been having an affair and, when he confronted her about it, she laughed at him and taunted him. She said that he was not actually the father of their children and that she would divorce him and he would not see the children again. The man 'snapped' and lost control. He went to get a knife from the kitchen and stabbed his wife, intending to cause her serious harm. She later dies from the wound.Which of the following statements accurately describes the man's position regarding presenting the defence of loss of control?
选项:
A:He has no defence; the actus reus and mens rea for murder are complete and he does not have the grounds to rely on loss of control. He should be advised to plead guilty to murder.
B:He may be able to successfully present the defence of loss of control, which is a complete defence and would lead to his acquittal.
C:He may be able to successfully present the defence of loss of control, which would lead to his acquittal for murder and instead to a conviction for voluntary manslaughter.
D:He has no defence available because he went away to get the knife then came back. The delay means he is not entitled to the defence of loss of control.
E:He has no defence available because sexual infidelity cannot form part of the qualifying trigger for the defence of loss of control.
发布时间:2024-06-09 00:21:46