One evening, after consuming a significant amount of alcohol, Rapha spots a picture on Zoe’s Instagram story of his children playing football in the park with Zoe and another man. He decides to drive to Zoe’s parents’ house to confront her about it. Zoe hears him arrive and opens the door to him. Zoe told Rapha that he must leave because the children were out having pizza with their grandparents. She shuts the door, but Rapha stays banging on it until Zoe opens it again. Again she tells him that he should leave, ‘because I have a friend here’. Rapha then loses it. He grabs a large log from the log store by the front door and hits Zoe hard and repeatedly about the head with it. He bellows, ‘take that, you f***ing whore!’ as he does so. Zoe collapses to the floor and dies from severe head injuries.

Discuss Rapha’s liability for homicide.

Words + hit on head several times - virtually certain to cause gbh.

1) Loss of self control

Defence - After hearing she has a friend over 'Rapha then loses it' ...'bellows' the words.

Prosecution - pre-meditated.

3 hour drive - a lot of time to think about the Instagram post. The reason he is going because he is jealous and angry.

She shut the door in his face a couple of times, banged on the door and selected a large log. Hits on the head specifically.

Not lost his self control (Ahulwalia)

2) Qualifying trigger

Anger

Circumstances of extremely grave character - Could easily leave. No need to stay. He wasn't in grave circumstances.

- Justifiable sense of being seriously wrong by things said or done.

Defence - another man is with his children after not seeing them for weeks. Now he arrives they aren't around and she has a man with her.

3) Reasonable test - he won't have a 'normal degree of tolerance and restraint' as he has depression and has been drinking (s54(3)

Prosecution - Sexual infidelity is not a qualifying trigger. They were separated so no reason to be angry. Revenge does not allow a plea of loss of control

Alcohol - Asmelash - intoxication is not considered

Alcoholic - Tandy