What should be the punishment for this crime?

Question

In your opinion please;
A man has been repeatedly beating and abusing his wife of 15 years, whilst drunk and out of control, one day he pushes his wife too far, she flips, grabs a kitchen knife and stabs her husband 4 times out of rage, he dies almost instantly! What should be her punishment in a court of law? Thankyou! EC XX

Answer 1

I think this case has been tried numerous times in US courts, the woman was defending herself. Enough said.

Answer 2

The punishment would depend on whether it could be proved that the woman was acting in lawful self defence, or whether her reaction was excessive in the circumstances. A history of having been victimised would help her case, however, an astute prosecution lawyer might point out that in the previous incidents, stretching back fifteen years, the husband had not used lethal force against her. If it could be proved that she had time to consider her actions, her defence of self defence would, therefore be undermined. If it was shown that in a moment of fear, she reacted without having time to think, however, her defence should be considered legitimate.

The fact that she stabbed her husband four times shows that there was enough time to consider her actions and she chose to continue stabbing him - to withdraw a knife from a wound takes considerable effort. This would, likely, be her undoing and show that some level of meditation, anger and revenge played a part in her actions. She might plea not guilty due to diminished responsibility, citing menta breakdown due to the abuse from her husband. If successful,the most appropriate punishment wouldbe a suspended sentence along with cnditios that she nderwent counselling to address underlying psychological issues and her anger response.

In my opinion, she should receive punishment for staying with the husband so long and not sorting her shite out in the first place!!!

Answer 3

There is actually a case with very similar facts to this. I think it's R v Patel, although I'm not sure. She was actually initially sent to prison for murder but later appealed as Battered Woman's Syndrome became a recognisable condition where a woman in such circumstances could claim diminished responsibility as a defence to murder. The woman was released from prison having served the time she would have done anyway had she been convicted of the lesser charge of manslaughter.

Answer 4

I know someone who did this and who is serving a long prison sentence. Had the woman stabbed the husband only once, she might have been able to establish the defence of self-defence. Repeated stabbing raises it to a higher category. Four stabs indeed indicate rage and an intention to kill or, at the very least, injure him seriously. I don't know what country this happened in, but most countries would impose a prison sentence of several years.

Answer 5

She should not be punished at all. It is called self-preservation and surely she has a right to preserve her life. The court system is a joke and very rarely is justice served through the judicial system. It is a game played by lawyers and judges, the innocence or guilt of a person is secondary to the skills the lawyers like to present about themselves. The better lawyer usually always wins. This woman was justified in my opinion and really it was self defence. I also think a good lawyer should be able to get her off and claim she was temporarily insane.

The husband doesnt deserve to live. He is the criminal, not her and she should not be blamed for destroying the life of a sick mongrel dog she called her husband.

Answer 6

Yeah, it seems unfair, but I think she should get the same sentence as anyone else that kills a person. Of course, she'll probably get a lighter punishment from diminished responsibility.

Killing is killing. Unless she was unable to leave during that 15 years, she should have left. Although, I've never been in that position, and I know people can get brainwashed by their spouses...

Answer 7

It sounds like a crime of passion she should regret it for the rest of her life. If it is honest then she will have to live with it for the rest of her life. I think that's enough punishment for a case like this and the same if the case was a man. people say in this day and age they should have left the situation but unfortunately it is not always has easy as it sounds for some people.

Answer 8

a suspended sentence of say five years. She shouldn't go to prison but then again she does need some kind of punishment otherwise it could set a precedent for people killing their partners then claiming abuse afterwards. if she got a suspended sentence then all it would mean is that she couldn't break the law for the length of the sentence. if she was genuinely a battered wife then that wouldn't be a problem.

Answer 9

While there is never an excuse for murder or abuse, why would this woman stay in an abusive relationship for that many years. I would send her to a hospital for help. There is something sadly wrong with a women who allows herself to be put through that for that many years. I would offer 3 years incarceration as punishment in conjunction with therapy and 2 years in a mental ward. As horrible as it sounds in todays day and age I only feel sorry once for a woman who gets hit. These are not the days of our grandparents and great grandparents we are very capable of being self sufficient.

Answer 10

Oh no tell me you haven't!!! lol


I think that the court providing that she had told her GP or that the Police have been called on occasions for this type of abuse. She will get probably 24 months suspended sentence, or 12 months prison this is normally the case if you read the papers.

Answer 11

Probation, just on the chance it may not have happened just like that. Abusers should be dealt with much more severely than they are in this country. It's 2006 and it is ridiculous to think that spouse abuse is still almost tolerated by many people.