I'm currently working on an appeal for a moot at college and I am slightly stuck as to forming an argument for the case. I was wondering if anyone here would possibly be able to help? This is Scottish law not English law though.
IN THE HIGH COURT OF JUSTICIARY (APPEALS)
SAMANTHA v HM ADVOCATESamantha has been married to Edgar for seven years. Over the last three years, Edgar has taken to going out drinking of an evening and coming back late at night the worse for drink. Samantha frequently scolds him when he returns and tells him she will leave him if he does not mend his ways. Edgar has a violent temper and, on some occasions, he has hit Samantha forcefully. On other occasions, Edgar has forced Samantha to engage in sexual intercourse with him despite her protests.
Samantha recently sought help from a counsellor who advised her to leave Edgar and move into a hostel for battered wives. The next time Edgar came home drunk, he staggered into the bedroom and Samantha told him she was leaving the next day, whereupon Edgar punched out at her several times, breaking some of her teeth, cutting her lip and badly bruising her. Eventually, Edgar went to sleep on the bed with Samantha sobbing in the corner of the room. Several hours later, in the early hours and whilst Edgar was still asleep in a drunken stupor, Samantha went downstairs and poured herself a couple of large brandies. She then went to the tool shed in the garden and took out a large hammer. She returned to the bedroom and hit Edgar several times about the head, killing him. She then calmly called the police and said: ‘You had better come quickly – I have just murdered my husband’.
Samantha was arrested and questioned the next day. She made a statement to the police. In the statement, Samantha explained that she just could not take any more and that she had told the counsellor that she would kill Edgar if he ever hurt her again. Samantha was charged with murder and, despite her plea of diminished responsibility, was found guilty of murder at the High Court of Justiciary on a majority verdict. She is appealing against that verdict on the basis that the judge should also have left her alternative defence of provocation to the jury. The judge had not allowed the defence to be put to the jury because of the cooling off period of some hours.
I am the Appellant in this case.
Any help that anyone could provide would be greatly appreciated.
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