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.

Hits her on the head with a log.

Loss of self control? Defence - lost his self control grabbed a log and hit her. 'Rapha loses it' (Distinguish Ahluwalia and Thornton - no premediated action in the instant case)

Prosecution - drove 3 hours, banging on the door, hit her on head - premeditation to his action.

He isn't in danger, he is stood on the doorstep. He can walk away.

Justified? - Defence - Lost his children, marriage ended, 3 hours away can't see them. She has possibly a new partner.

Prosecution - infidelity is not a qualifying trigger (s55(6)(c); Clinton Parker Evans)

Excuse for revenge