Case Study Assignment

Subject: Criminal Law

Topic: The Case of Adele Vs The state in the death of Victor

Introduction

This case involves the trial of Adele, an Australian woman charged with the murder of her husband Victor. In brief, Adele has shot and injured Victor, her husband of 12 years. Prior to the shooting, Victor had turned to be an abusive husband, frequently assaulting and even causing physical injury on Adele. After the shooting, Adele made an emergency call to the local police and ambulance, where the husband was immediately taken to hospital. However, a road accident involving other vehicles delayed his transport to the hospital and the medical team at the hospital administered an anaesthetic drug, but he was allergic to it. Within few hours, Victor was pronounced dead. The legal question in this case is whether to charge Adele with murder or manslaughter. On her defence, this paper will argue that Adele’s intention was not to kill Victor, but she shot him on her self-defence because it was evidence Victor was a threat. To drive the point, the paper will develop a critical analysis of “murder” defensive homicide and self-defence in order to show that the road delay and administration of the anaesthesia on an allergic patient must have been the major contributors of Victor’s death rather than the action of Adele.

Assignment

This case involves the trial of Adele, an Australian woman charged with the murder of her husband Victor. In brief, Adele has shot and injured Victor, her husband of 12 years. Prior to the shooting, Victor had turned to be an abusive husband, frequently assaulting and even causing physical injury on Adele. After the shooting, Adele made an emergency call to the local police and ambulance, where the husband was immediately taken to hospital. However, a road accident involving other vehicles delayed his transport to the hospital and the medical team at the hospital administered an anaesthetic drug, but he was allergic to it. Within few hours, Victor was pronounced dead. The legal question in this case is whether to charge Adele with murder or manslaughter. On her defence, this paper will argue that Adele’s intention was not to kill Victor, but she shot him on her self-defence because it was evidence Victor was a threat. To drive the point, the paper will develop a critical analysis of “murder” defensive homicide and self-defence in order to show that the road delay and administration of the anaesthesia on an allergic patient must have been the major contributors of Victor’s death rather than the action of Adele.

This case involves the trial of Adele, an Australian woman charged with the murder of her husband Victor. In brief, Adele has shot and injured Victor, her husband of 12 years. Prior to the shooting, Victor had turned to be an abusive husband, frequently assaulting and even causing physical injury on Adele. After the shooting, Adele made an emergency call to the local police and ambulance, where the husband was immediately taken to hospital. However, a road accident involving other vehicles delayed his transport to the hospital and the medical team at the hospital administered an anaesthetic drug, but he was allergic to it. Within few hours, Victor was pronounced dead. The legal question in this case is whether to charge Adele with murder or manslaughter. On her defence, this paper will argue that Adele’s intention was not to kill Victor, but she shot him on her self-defence because it was evidence Victor was a threat. To drive the point, the paper will develop a critical analysis of “murder” defensive homicide and self-defence in order to show that the road delay and administration of the anaesthesia on an allergic patient must have been the major contributors of Victor’s death rather than the action of Adele.

Conclusion

This case involves the trial of Adele, an Australian woman charged with the murder of her husband Victor. In brief, Adele has shot and injured Victor, her husband of 12 years. Prior to the shooting, Victor had turned to be an abusive husband, frequently assaulting and even causing physical injury on Adele. After the shooting, Adele made an emergency call to the local police and ambulance, where the husband was immediately taken to hospital. However, a road accident involving other vehicles delayed his transport to the hospital and the medical team at the hospital administered an anaesthetic drug, but he was allergic to it. Within few hours, Victor was pronounced dead. The legal question in this case is whether to charge Adele with murder or manslaughter. On her defence, this paper will argue that Adele’s intention was not to kill Victor, but she shot him on her self-defence because it was evidence Victor was a threat. To drive the point, the paper will develop a critical analysis of “murder” defensive homicide and self-defence in order to show that the road delay and administration of the anaesthesia on an allergic patient must have been the major contributors of Victor’s death rather than the action of Adele.

This case involves the trial of Adele, an Australian woman charged with the murder of her husband Victor. In brief, Adele has shot and injured Victor, her husband of 12 years. Prior to the shooting, Victor had turned to be an abusive husband, frequently assaulting and even causing physical injury on Adele. After the shooting, Adele made an emergency call to the local police and ambulance, where the husband was immediately taken to hospital. However, a road accident involving other vehicles delayed his transport to the hospital and the medical team at the hospital administered an anaesthetic drug, but he was allergic to it. Within few hours, Victor was pronounced dead. The legal question in this case is whether to charge Adele with murder or manslaughter. On her defence, this paper will argue that Adele’s intention was not to kill Victor, but she shot him on her self-defence because it was evidence Victor was a threat. To drive the point, the paper will develop a critical analysis of “murder” defensive homicide and self-defence in order to show that the road delay and administration of the anaesthesia on an allergic patient must have been the major contributors of Victor’s death rather than the action of Adele.

R v Bird [1985] 1 WLR 816,

Smith and Hogan, Criminal Law, 1996, p264),