'He killed girlfriend due to emotional pain', court told

[boostin]

It is required under s169(2)(a) that the provocation in the circumstances was “sufficient to deprive an “ordinary person, but otherwise having the characteristics of the accused, of the power of self-control”.

Ordonary person would stab his Mrs after a little emotional mind fuck. Yeah not likely.

[CookMySock]

SO? He can leave any time...

Steve

[Genestho]

Ok, I'll bite. CHOMP.

Jran, FFS.
This ain't exactly clan of the cave bear times, when breast beating men get to drag off ooga booga (the woman) and slice her up, because the stunningly beautiful woman broke his poor wee heart.

He should've HTFU like 99% of the rest of the population, and moved on.

Love hurts and all that.

Her poor mother was locked outside the door listening to the screams, as he stabbed her, and sliced her up.
Provacation??? FFS

Don't you think that behaviour is a little derranged?

I do, and I don't want him to live in my community.

IMHO, I hope he ain't got no colourful jersey's, and the evidence better be clear on this one.

[FROSTY:Me]

Not quite the same though, is it?

Ya see mate I just don't know. --I literally say "there but for the grace of god" Because If I had zigged instead of zagged--gone back to "have it out" I honestly can't say what I would have done.
I'm pretty sure that instead of minor easilly repaired slices in my leathers if she was standing between me and the door she would have gone through the door in front of me.
The silly thing is it isn't big stuff usually because big stuff sets off loud enough warning bells that you get the heck out of there. Its the whole one straw at a time thing.
It was I must say 25 years ago .

NO way am I ever saying that hurting another human being is a good thing just that I can relate (I think).

[FROSTY:Me]

Repeating here NO way do I condone violence.
BUT Lets just for a moment change sexes of the two people
SHE stabbed HIM 200 times because of the emotional abuse--NO he diddn't hit her but he belittled her,emotionally abused her till she broke down and went to his house and stabbed him. It was the only way out she could see.
Would we be reacting the same way??

[Usarka]

It shouldn't take more than 180 stabs to regain control of your emotions in a situation like this. Guilty.

[Patrick]

We know she drove him to it, how????

Is this just another version of "blame the dead person?????"

Only the killer knows of this version........?

That sounds very familiar.

Here we go again.........

[Winston001]

It is required under s169(2)(a) that the provocation in the circumstances was “sufficient to deprive an “ordinary person, but otherwise having the characteristics of the accused, of the power of self-control”.

Yep. Sounds like he's trying for temporary insanity - except that isn't recognised by the law unless psychiatrists can convince the court. Pretty rare.

Under s 169 culpable homicide, which would otherwise be murder, may be reduced to manslaughter on the grounds of provocation such as would deprive “an ordinary person, but otherwise having the characteristics of the offender” of the power of self control, and subject to the other conditions laid down in the section. The test to be applied is the effect of the provocation on an ordinary man in a sober condition.

I don't go along with the HTFU line. Human beings have an extraordinarily wide range of emotions and in some people that can amount to periods of mental illness.

Has no-one here ever been in a blind rage? A red-mist complete loss of rational control? That is what the battered women's defence boils down to. It might also describe his temporary mental state.

[Genestho]

I understand loosing the plot in a red rage, but he took the knife to the house, stabbing someone 200 times would take a certain amount of time, normal people would pause to think at (pick a number from 0-200 blood spurts) O heck, what am I doing, but he didn't stop, and then went on to slice.
That's something else. I'm sure we'll see exactly what he was sufficiently deprived of under his provocation defense.


EDIT! Sorry Frosty - read that the wrong way! EEEK! My bad! Maybe reaction would be different if the sex's were reversed! I'm not sure.
I doubt mine would be!

[PrincessBandit]

... Because If I had zigged instead of zagged--gone back to "have it out" I honestly can't say what I would have done.

But the reality was that you did "zag" instead of "zigging" and thereinlies a huge difference. Btw, does this mean you if you'd "ziggazig-ahhh'ed" that you're a fan of the Spice Girls?

**I'm running off to hide.....**

BUT Lets just for a moment change sexes of the two people
SHE stabbed HIM 200 times because of the emotional abuse--NO he diddn't hit her but he belittled her,emotionally abused her till she broke down and went to his house and stabbed him. It was the only way out she could see.
Would we be reacting the same way??

Yes, I think we would. There are many ways to get out, no matter how hard it might be. And yes I am aware of how trite that might sound, especially to those who have "been there, done that". However your question was "would we still be reacting the same way??", and I'm pretty sure there would be very little support for a woman who did the same.

[Naki Rat]

Manslaughter rather than murder. This has got to be the ultimate in denial of self responsibility.

[Mom]

Repeating here NO way do I condone violence.
BUT Lets just for a moment change sexes of the two people
SHE stabbed HIM 200 times because of the emotional abuse--NO he diddn't hit her but he belittled her,emotionally abused her till she broke down and went to his house and stabbed him. It was the only way out she could see.
Would we be reacting the same way??

Any female that inflicted the level of alleged violence on a guy, that this poor girl sustained, would be in for exactly the same comments as I am making now. This was not loss of control, resulting in a death. This was a systematic re-killing of a person.

The difference here is he is not using the alleged loss of control leading him to snap as a defense, he has pled guilty to a charge he is not facing. Judith Kerr is one very smart lady. Watch this space is all I can say.

[Ronin]

I was going out with a lady that literally picked and picked at literally everything I did. Day after day nothing was right nothing was good enough. after 18 months something inside me snapped.

Shit, you went out with my ex?

[Katman]

But the reality was that you did "zag" instead of "zigging" and thereinlies a huge difference. Btw, does this mean you if you'd "ziggazig-ahhh'ed" that you're a fan of the Spice Girls?

Fuck's sake PB.

That might be all it takes to push him over the edge!

[boostin]

I understand loosing the plot in a red rage, but he took the knife to the house, stabbing someone 200 times would take a certain amount of time, normal people would pause to think at (pick a number from 0-200 blood spurts) O heck, what am I doing, but he didn't stop, and then went on to slice.
That's something else. I'm sure we'll see exactly what he was sufficiently deprived of under his provocation defense.


EDIT! Sorry Frosty - read that the wrong way! EEEK! My bad! Maybe reaction would be different if the sex's were reversed! I'm not sure.
I doubt mine would be!

There is an argument both ways, one suggesting that an ordinary person would regain self control in the time it takes to stab someone 200 times.

The other is that stabing someone 200 times is evidence that the person actually lost control.