Evidence, Proof, Argument AND Criminal Law Speech or Presentation

Evidence, Proof, Argument AND Criminal Law - Speech or Presentation deterrent exampleIn the case, your honor, the defendant confronted the victim for raping his girlfriend. The defendant stabbed the victim and he died. He was convicted of murder, but later appealed on the defense of loss of control. The defendants appeal was dismissed on the grounds that he was assured of what he was doing. It was established in the ruling that loss of temper can non be confused with loss of control. termination of control is defence only where the mind is not in control of the body. The defendant in the case before us today was aware of what was going on around him during the attackIf it pleases your Honour, I would go through the qualifying triggers under section 55 (3) (4) of the Act in relation to the case at hand, to demonstrate why loss of control should be withdrawn. The defendant did not express any drab fear towards the victim either by words or actions. The victim was merely acting in defense of his friend, knowing a little more than what he saw after being woken up. rather of fighting back, was it possible for the defendant to surrender?In the case of R v Martin (Anthony) 2002 WRL1 2002 CAR 27 Crim LR 136 the defendant shot a burglar (the victim) and argued that it was out of self defence. The defence was not available because the aim of force used was more than reasonable. The defendant was convicted of murder. In his witness, Detective Sergeant Philip Dennis said that the defendant was examined and it was install that the damage was not too severe and he was fit to be detained and interviewed.This shows that the victim attack did not threaten the life of the defendant and it was unreasonable to stab him. In the tape recording of the interview, the defendant explicit no remorse that the victim was dead. Was the defendant in this case your honour seriously wronged by the victims words and actions leading him to act out of character? I believe not. The defen dants behaviour provoked