Passion Or Obfuscation Flashcards
(5 cards)
For about 5 years, the accused and the deceased
lived illicitly in the manner of husband and wife. Afterwards, the deceased separated from the accused and lived with another man. The accused enraged by such conduct, killed the deceased.
Held: E v e n if it is true that the accused acted with obfuscation because of jealousy, the mitigating
circumstance cannot be considered in his favor because the causes which mitigate criminal responsibility for the
loss of self-control are such which originate from legitimate feelings, and not those which arise from vicious, unworthy
and immoral passions.
where the accused, in the heat of passion, killed his common-law wife upon discovering her in flagrante
in carnal communication with a common acquaintance
the accused was entitled to the mitigating circumstance of passion or obfuscation, because the impulse was caused by the sudden revelation that she was untrue to him, and his discovery of her in flagrante in the arms of another
The accused, as common-law wife, lived with the deceased for 15 years, whose house she helped support. Later, the deceased married another woman. The accused killed him.
the fact that the accused
lived for 15 long years as the real wife of the deceased,
whose house she helped to support, could not but arouse that natural feeling of despair in the woman who saw her life broken and found herself abandoned by the very man whom she considered for so long a time as her husband and for whom she had made so many sacrifices. The mitigating circumstance of passion or obfuscation was considered in favor of the accused.
the girl’s sweetheart killed the girl’s father and brother because the girl’s parents objected to their getting married and the girl consequently broke off their relationship.
Such an act is actuated more by a spirit of lawlessness and revenge rather than any sudden and legitimate impulse of natural and
uncontrollable fury.
A woman taking care of a 9-month-old child, poisoned the child with acid. She did it, because sometime before the killing of the child,
the mother of the child, having surprised her (accused) with a man on the bed of the master, had scolded her. She invoked the mitigating circumstance of passion or obfuscation resulting from that scolding by the mother of the child
She cannot be credited with such mitigating circumstance. She was actuated more by spirit of lawlessness and revenge than by any sudden impulse of natural and uncontrollable fury
