Bethany and Thomas have been married for 30 years. They have had a somewhat challenging relationship with allegations of violence being made against Thomas by third parties, but with Bethany refusing to ever give evidence against him, he has always escaped any legal consequences.
On the night in question, Bethany prepares Thomas a dinner of roast beef for him to consume when he arrives home from work at 6pm. Thomas instead arrives back at 10pm, he is behaving in an erratic fashion and Bethany suspects that he has been drinking. Knowing that Thomas becomes violent when drunk, she tries to escape and hide from him in the guest bedroom.
At approximately midnight, Thomas bursts the door of the guest bedroom down and enters, screaming loudly at Bethany who he says is trying to poison him with the cold roast beef. Bethany attempts to defuse the situation, but Thomas gets louder and louder screaming at her that he knows she is working to kill him. He states, “I started taking ice recently and it’s given me special powers, I know when people are trying to betray me”
Bethany was unaware of Thomas’s drug use, but knows he has a history of alcoholism and can be violent. Bethany attempts to get away, but Thomas pushes her onto the bed and locks the door saying “I am going to get something and sort you out”
Bethany is terrified and looking around the room, finds a small cricket bat under the bed which she arms herself with. Thomas re-enters the room and Bethany swings the bat and hits Thomas in the chest. Thomas chest caves in and this results in him being thrown to the ground and subsequently choking to death.
Bethany calls the police and they arrive immediately to take her away. She is too shaken to give any statement.
Bethany has subsequently been charged under s25A of the Crimes Act (Nsw) 1900.
Provide a comprehensive legal analysis in relation to the above case study and provide a response in relation to the following:
- Bethany’s criminal liability in relation to the above acts
- Whether Bethany has been correctly charges in this matter
- Any defences that Bethany can rely upon
- Any other relevant legal matters that you wish to produce
Answers will be graded in accordance with the UOS marking guide replicated below