Sarah had been both physically and verbally abused by her husband Doug for many years

Question

Sarah had been both physically and verbally abused by her husband Doug for many years. One night, as Sarah was cooking dinner, Doug entered the kitchen and went to take a beer from the fridge, complaining about what Sarah was cooking. In that moment of complete anger and frustration, Sarah grabbed the nearest kitchen knife and headed towards Doug stabbing him in the chest which immediately killed him. Sarah immediately dropped the knife, called 911 and told the operator what she did.

What is the actus reus in this case?
What is the mens rea?
What are some factors that need to be considered with regards to the crime that took place and the accused?
Identify any physical evidence that may be present (it does not have to be stated in the scenario)
What crime was committed?
Identify a defence that could be raised and explain why.
What sentence would you impose and what would the aim(s) of your sentence be?

 

Answer 1

The cause of action was the rage of the suspect. The means of the crime was stabbing. The factors that could be considered might be past abuse of the suspect, affecting their mental state. The crime committed was CPC 187, Murder, A possible defense could be temporary insanity. Evidence collected must be the murder weapon, in this case a kitchen knife, photographs of the scene, any blood evidence including evidence of blood splatter indicating how many times the victim was stabbed and at what angle, and any blood and DNA evidence obtained from the bodies of both victim and suspect. Also, the recorded statements of all witnesses at the scene. In California, the penalty for unpremeditated murder could be anything from ten years to life in a state penitentiary. In California, the stated purpose of incarceration is punishment and rehabilitation,