Law Case Study Example | Topics and Well Written Essays - 250 words. Retrieved from https://studentshare.org/law/1648301-law
Law Case Study Example | Topics and Well Written Essays - 250 Words. https://studentshare.org/law/1648301-law.
The appellant had several psychiatric problems. He argued that he killed in the heat of passion.
The main issue was whether the appellant had a previous intent to commit the crime he was convicted of. The court of appeal could not ascertain that there had been any prior design to kill between the development of the intention to kill and the actual killing action. They held that the case is remanded on different grounds for the appellant to be given the proper use for the definition of premeditation. This time the state to prove premeditation would bring the difference between the two degrees of murder.
There was a need to redefine premeditation to avoid confusion. There must be some significant duration between the formation of the intent to kill by an individual and the actual act of killing. There is a need to have a thought-out plan.
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