His best friend, the victim, was mentally impaired and had accidentally killed a woman without intent; in fear, the victim ran away. The defendant discovers the dead woman and realises what his friend had done so goes out looking for him while the woman's husband and husband's friends begin a manhunt for the victim. The defendant gets to the victim first and shoots the victim in the back of the head to prevent the "mob" from doing worse or sending his mentally impaired friend to jail. When the mob discovers the defendant with the victim's body, they ask whether he killed the victim and he said that he did but got the gun from the victim implying self-defence (but he had the gun the whole time, though no one witnessed it). This is the defendant's first offence.
In Australia you need a guilty act, guilty mind and the combination of both to prove a murder. How do you prove guilty mind if the defence claims the the defendant was "out of it" when he shot his friend????
2006-10-29
18:05:38
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8 answers
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asked by
ed-dg
2