Murder trial. Deceased originally approached the accused in a threatening fashion with a knife. Accused got on top of her, and choked her to death. Accused then engaged in an elaborate coverup, including cementing the deceased’s body into a corner in the basement, and sending fake texts and emails. Self-defence advanced.
Held: Convicted of manslaughter.
Although the accused was originally assaulted, the choking constituted more force than was necessary as per 34(1) CC. The accused’s post event conduct continued for months. This conduct was relevant when weighed against the self-defence claim. “Had the events happened with a sudden fall to the ground and an immediate recognition that Lisa Mitchell was dead, as the accused testified at trial, it is hard to accept that this elaborate cover up would be taken. The post offence conduct supports the finding that the accused knew that all of his actions were not truly done in self-defence.”
B. Der – Defence Counsel