The Perfect Crime I
I’m
sure we’ve all wondered if it is possible to commit the perfect crime, and
while the term itself belongs firmly within the pages of book or a novel and
has little or no practical application or implication it is worth considering
some the many possibilities, if anything, just for the sake of argument.
Before
we go further it is in reality difficult to commit the perfect crime because of
the advances made in the field of science, in the medical field and in the
field of forensics – which many people find interesting because it is
essentially the field of crime solving that involves the use of modern day
equipment and while the super-sleuth Sherlock Holmes relied on the powers of
deduction and observation, the modern crime solver is more reliant on computers
and is more at home in a lab than he or she is at a crime scene.
Our
accused is the battered wife. There are various moral questions that need to be
raised and I think it is fairly obvious to most people that wife abuse or
partner abuse, despite the stricter or sterner rules that have been implemented
in recent times, is still prevalent and it is spurred on by two factors, the
first being that women are physically weaker and the second factor is that
women are still very much economically reliant on their husbands or partners
especially in relationships where there are children involved and as such there
is the general fallacy that a certain level of abuse is acceptable or
tolerable.
Wife
abuse or partner abuse happens at all levels of society and it is not limited
to a certain category or class of people. It really depends on the
characteristics of the male partner. However it is more prevalent in minority
communities and this is a factor that appears to be constant across the board.
To
begin with, the abuse must be something that has been consistent. One off
incidences can of course result in the wife killing the husband, especially if
there has been clear inciteful provocation but that won’t draw the sympathy of
the jury and hence what is required is for the defense to show that there is
visible and tangible evidence of wife abuse for example scars, bruises, cuts
etc and that the abuse was constant and consistent. Whether there was or there
wasn’t is an entirely different matter, but in order to win the jury over that
is the type of evidence that the defense needs to adduce or produce.
Abuse
needn’t always be physical it can also be verbal and depending on the accused’s
personality or characteristics, it may have the same affect i.e. it puts the
accused in fear of her life.
Having
set the scene, let’s now look at three cases to determine the type of defense
that the accused is going to raise once she has committed the crime. We’ll look
at R v Duffy (1949), R v Ahluwalia (1993) and R v Thornton (1996).
In
R v Duffy (1949) the accused killed her husband with a hammer and a hatchet
while he was asleep. Her husband had been abusive towards her and she had been
subjected to abuse all throughout her marriage. The accused was arrested and
convicted. The accused appealed on the grounds of provocation.
It
was decided that provocation was an act or a series of acts that were done that
would cause the accused to suddenly lose control or react at the heat of the
moment. An accused who had time to think and plan could not raise the defense
of provocation and if anything, the fact that the accused had time to reason
implies that there was intent, which is a prerequisite to convict for murder.
The accused was found to be guilty.
In
addition to that provocation generally implies a certain strength of character
i.e. the accused is bold enough to react in the heat of the moment and it
doesn’t fit the personality of the battered wife.
In
R v Ahluwalia (1993), the accused was constantly abused by her husband. The
type of abuse included beating her daily and taking her money. In addition to
that he was also having an affair with another woman. On the night of the
incident, after subjecting his wife to verbal abuse, the victim threatened to
beat her up the following morning.
That
night, once the victim was asleep the accused doused her husband with petrol
and set him alight. The accused was arrested and tried for murder. She raised
the defense of provocation but the defense of provocation in line with the
decision in R v Duffy (1949) was denied.
The
accused was convicted for murder and the accused appealed raising the defense
of diminished responsibility. The appeal was allowed on the grounds of
diminished responsibility but the judge did stress that under normal
circumstances both defenses should be raised in the first instance otherwise
the defense might exhaust one defense before attempting another. It was decided
that the accused was not guilty of murder and a retrial was ordered.
Copyright
© 2019 by Dyarne Ward
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