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.

Picked up the log to intentionally cause serious harm which was virtual certain.

Defence - Statement after the interaction ' Rapha then loses it' and he 'bellows' the words.

Prosecution - Repeated hit her - round head

Drove 3 hours

He didn't listen when she said to leave

Went over after the Instagram story - suggested jealous and angry and wanted revenge

2) Qualifying trigger

Anger trigger - things said or done extremely grave character - all she has done is ask him to leave. Children aren't threatened

Justifiable sense of being seriously wronged - she taken the kids away 3 hours from his home, he can't see them and now she has a new partner.

Infidelity - reason for his response. Self induced as he went they. They are separated.

3) Objective test

He doesn't have a normal degree of tolerance - he has depression and could be an alcoholic (s54(3))

Revenge