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Case Study sample - Offences against Person and Property
Pages 7 (1757 words)
In 1995, Giovanni Masciantonio stabbed his son-in-law to death. The reason given was that the son-in-law had been mistreating his daughter Lia over many years. Two days before retribution fell on him, he demanded money from his wife, and when she refused, he took away the TV, which she had bought…
Now, a psychiatrist can always say that "the defendant had a predisposition to a disassociative state when under stress and that he was in such a state when he killed his son in law."1Notwithstanding the fact that he began by stabbing the person in a fit of anger, and then continued doing it after his son in law had fallen down. These were not "blows struck in anger," but sheer premeditated actions of giving in to the joy of primeval bloodlust.
And that is how one could agree with the statement that the law about murder is a mess. It was therefore necessary to reframe it in such a manner with the minimum of loopholes to make sure any future example of impulsive or premeditated homicide does not know that it can get away with murder by invoking the plea of "it was provocation, my lord, "
First of all, we have to see the difference between murder- planning out and killing a person with malice aforethought, and manslaughter, killing of a person in "hot blood," keeping into view, "the limits of human frailty," Murder meant that you looked at the methods of getting rid of one particularly obnoxious person and waited for the time and the opportunity to send him to his forefathers. ...
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