Question :
Crime is a wrongful act done by an individual which is to be punishable by law. As laws have made various rules and that rules are to be followed and Murder is an act or offence done by an individual which takes the life of a person. It is also called an act which is done by a person with an intention to kill any person or to take the life of a person. On the other instance Manslaughter is also a serious offence which amounts to take the life of a person but their lies a sudden and grave provocation to an individual.
- Is sudden provocation amount to the offence manslaughter?
- What was the impact of case Amin Geecy Rebucas on the law of murder?
Answer :
Background
Manslaughter is the heinous and serious crime in the eyes of law. This is mainly considered when any person has taken a life of the person in the sudden provocation, anger or without in an intention to seriously harm that person. Although murder and manslaughter dope do not contain a much big difference as both effects and take the life of a person the variable difference under this is that the intention, the provocation must be checked. As to get the reason behind that wrong act. In Australia, the maximum punishment raised for this crime is 25 years of imprisonment. Crime is moreover a wrong act and the punishments being raised for it is important to avoid it and every person should try to work according to rules so that nom laws will break.
Facts
In this case, Geecy Rebucas stays with her boyfriend Roy Tabalbag in a small flat. They were having affair from few months and in that due course she met a boy name Amin Sthapit and started dating her. She started lying to her boyfriend Tabalbag. Geecy was doing a chef course in that time and she started missing her classes in that time period. This made Roy Tabalbag in a bit doubt about her alleged affair so he tapped her cell phone to get her location. On one day when she forwarded an E-mail of not attending the classes made Roy Tabalbag to check her latest location and he went to that area and found that she is with Amin Sthapit in their weak moment. This made him so angry that he just opened the door and took the knife and stabbed Amin several times in his back and stomach. Which resulted that Amin was dead at that same point. For this case Roy Tabalbag said that he was not in his senses and his anger was out of control so he made that mistake.
Issue raised
- Whether the act amounts to Murder?
- Can Roy Tabalbag take the defence of sudden and grave provocation in this case?
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Judgement
Court held that, Though the situation which is been seen by Roy Tabalbag was serious and can make any person in a grieve anger as cheating done by the person you love make any person adversely affected by it. But while seeing the scenario it does not mean that Roy Tabalbag can kill or take any persons life as that mistake was done by Geecy and Amin was innocent in that whole case. And non person has the right to kill any other person even when he is in so much anger. Court has also stated that their can also be applied a utilitarian ethical theory as Roy Tabalbag killed Amin for his own pleasure. Court has also checked the psychological history of Roy Tabalbag and he was all normal and has no symptoms of any mental disease. He was found guilty and was sentenced for capital punishment of 17 years.
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Appeal raised
Aggrieved by the decision of High court Roy Tabalbag appealed in the court, as he mentioned that he has lost his control in that due course of time as he was so unconditionally in love with Geece and was planning to marry her. While seeing her in weak position with someone else made him lost his control and in rage he has taken that step. Court then recorded that statement and said that though it is a heinous crime as taking life of any person is inadmissible and that surely is punishable but it is important to check the persons state of mind and his reason behind that murder. Though Roy Tabalbag has murdered Amin but the moment he has seen that situation was tough and that made him felt pain of betrayal. So, the court held that Roy Tabalbag is not charged for murder instead of that he will be convicted under Man slaughter for 6 years. In which he will be in a non-parole situation for 4 and half years.
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