Jim And Heather Attack Case Study

Jim and Heather are a couple that have been living together for ten years. Within the ten years of living together, there were problems with both physical and verbal abuse. Jim would physically and verbal abuse Heather. The incident that will be focused upon is the last incident of verbal abuse when Heather stabbed Jim multiple times. The day of this incident, Heather had come home later than she normally did. Jim, how had been drinking that night and was really drunk, was furious about this. In fact, he yelled that he was going to try and “fix” her. After he had yelled this, the amount of alcohol in his system took a toll and he had passed out on their couch. After he had passed out, Heather walked into their kitchen and took a knife. She …show more content…
The first is the defence of unlawful assault. This is the idea that accused believes that his aggressor will attack him or her. This type of defence has four elements within it that are needed to be there. The first is that the accused needs to prove that they were assaulted. This has to be proven beyond a reasonable doubt, which means that the crown, judge or jury needs to have no doubts about this happening. The second element needed is that the accused did not instigate the aggressor to assault them. The third element is that the accused did not mean to kill the person with the amount of force that they had use. The fourth and final element was that the force was just enough to help the accused to get away from the person that was assaulting them. Also within this type of self-defence, there are two things that need to proven when it comes to using this defence. The first is that the accused did not plane to murder the aggressor. The second thing that is needed to prove is that the accused only used the amount of force that was needed to defend them and not any more than that. The second type of self-defence is the defence of a provoked assault. This is where the aggressor were instigating the assault to the accused. There are three components within this defence that need to be there. The first is that the accused felt that they had no other option to defend themselves but to kill their aggressor. The second component is that the accused feared that they were going to face death or serious harm from their aggressor. The third component is that the accused believed that they were reasonable with their belief that there were no other