Coursework Question
Margherita is fifty-five (55) years of age. She has been married to Duncan for twenty (20) years. They were in a relationship for five (5) years before this. Duncan behaved in a very controlling and at times physically violent manner towards Margherita during their marriage. This behaviour began to manifest itself after they had unsuccessfully tried to have children together, which was important to both of them. Margherita has experienced depression since having had a miscarriage. Duncan has regularly blamed and insulted Margherita for her not being able to have children, which visibly and profoundly distressed Margherita. Duncan also prevented her from getting a job and from meeting friends and family. He prescribed how she should dress and dictated when she could leave their home and for what reason. He constantly monitored the use of her mobile phone and her whereabouts via a surveillance app. On three occasions Duncan assaulted Margherita, causing her to have to be admitted to hospital.
On the date in question, Duncan told Margherita that he was having an affair with a younger woman. He told her that he was going to have children with his new partner. He said that he was having the affair because Margherita could not have children. He cruelly joked and taunted Margherita about this, calling her “worthless” and “not deserving to be alive”. He then said that he would not divorce her or allow her to leave because he wanted to make her life intolerable, as a “punishment”. Instead, she would “have to be happy” about his new family and that if she tried to leave him he would “kill her”.
Margherita’s reaction to this was one of unbearable distress and terror. In a split-second, with no premeditation, she plunged a kitchen knife into Duncan’s abdomen. To her horror, Duncan began bleeding heavily and collapsed to the floor holding his stomach. Immediately regretting what she had done, Margherita phoned for an ambulance. The paramedics attended along with the police. At this point, Margherita was in an obvious state of shock and could not answer questions asked by the police.
On the way to the hospital, the ambulance carrying Duncan was struck by a double-decker bus. Duncan sustained serious brain injuries as a result of this accident. On admission to hospital, Duncan was operated on for both the knife wound (which doctors considered life-threatening) and the head injuries (which the doctors also considered life-threatening). Whilst operating, the surgeon made an error which aggravated the damage inflicted by the wound. Following surgery, Duncan was admitted to the intensive care unit and placed on life-support. After several days, doctors made a clinical decision to switch off life-support.
Discuss the criminal liability of Margherita for murder only, including relevant defence(s). However, do not discuss the law of insanity.
