Jason and Julie are married to each other. Jason regularly forces Julie to give him money and has beaten her on a number of occasions, particularly when he is drunk. One night, when Jason and Julie had been drinking heavily, Jason tells Julie that he finds her physically repulsive and cannot stand her touching him. He then beats her while telling her that he never loved her and that he has been having an affair with Julie’s sister, Jane, since before the marriage. Julie, upon hearing this reached for a whiskey bottle which she smashed over Jason’s head several times while yelling at him (“I hate you, I hope you die”). She then collapsed in a drunken stupor. When Julie woke up and saw Jason unconscious on the floor, she regretted her actions and decided to take Jason to the hospital. Unfortunately, as Julie was carrying Jason out the front door, she trips over and drops Jason on the front door step. As a result of the injuries he sustained from the fall on the door step, Jason dies. Discuss Julie’s potential criminal liability for Jason’s death and any defences which may be available.
Jason and Julie are married to each other. Jason regularly forces Julie to give him money and has beaten her on a number of occasions, particularly when he is drunk. One night, when Jason and Julie had been drinking heavily, Jason tells Julie that he finds her physically repulsive and cannot stand her touching him. He then beats her while telling her that he never loved her and that he has been having an affair with Julie’s sister, Jane, since before the marriage. Julie, upon hearing this reached for a whiskey bottle which she smashed over Jason’s head several times while yelling at him (“I hate you, I hope you die”). She then collapsed in a drunken stupor.
When Julie woke up and saw Jason unconscious on the floor, she regretted her actions and decided to take Jason to the hospital. Unfortunately, as Julie was carrying Jason out the front door, she trips over and drops Jason on the front door step. As a result of the injuries he sustained from the fall on the door step, Jason dies.
Discuss Julie’s potential criminal liability for Jason’s death and any defences which may be available.
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