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Question V

2015 Bar · Criminal Law · 1 sub-question

V. Dion and Talia were spouses. Dion always came home drunk since he lost his job a couple of months ago. Talia had gotten used to the verbal abuse from Dion. One night, in addition to the usual verbal abuse, Dion beat up Talia. The next morning, Dion saw the injury that he had inflicted upon Talia and promised her that he would stop drinking and never beat her again. However, Dion did not make good on his promise. Just after one week, he started drinking again. Talia once more endured the usual verbal abuse. Afraid that he might beat her up again, Talia stabbed Dion with a kitchen knife while he was passed out from imbibing too much alcohol. Talia was charged with the crime of parricide. a) May Talia invoke the defense of Battered Woman Syndrome to free herself from criminal liability? Explain. (2.5%) b) Will your answer be the same, assuming that Talia killed Dion after being beaten up after a second time? Explain. (2.5%)

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