Whether takesha has murdered geneva

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Reference no: EM133375721

Case Study: Takesha and three of her friends were in the park, Geneva was also in the park with about 10 of her friends. Takesha had sent a number of Facebook messages and Snaps to Geneva saying she was going to stab her, the last two messages read:

"my tiny alligator needs sum food... dats what I call my knife looool. When I get a machete imma call it crocodile and its gonna eat you".

"your chattin shit your gonna get banged"

Geneva's last message to her best friend Lucy was "I ain't even botherd, she's a neek" (A neek is a nerd and a geek)

When they ran into each other in the park Geneva approached Takesha and lifted her shirt to show her abdomen and said "go on then, do it if you got the minerals". Takesha said she did not want to fight or confrontation and said her facebook account had been hacked. The group of thirteen others surrounded the two shouting "fight fight fight", Geneva took everything out of her pocket and handed her phone to Lucy to film the confrontation. Takesha refused to fight twice and said she didn't want "no beef". Takesha backed away and Geneva took a swing at her, she missed and Geneva continued to back away. Geneva then put her hands in the air and claimed victory and turned her back on Takesha. Takesha then advanced on Geneva, who turned round and Takesha raised her hand and pushed hard towards Geneva's chest. Geneva said "is that all you got?" and walked towards her friends, within 5 seconds she realized something was not right and could be seen on video examining her T-shirt.

Geneva died within a minute of the confrontation as Takesha had stabbed Geneva in the chest severing her left ventricle (after missing her ribs).

A medical report has been prepared which shows that Takesha suffers from ADHD which she had been controlling with medication. On this day she had been drinking alcohol in the park with her friends and blood tests revealed she was 2.5 times over the legal drink drive limit.

Self defence is not applicable in this scenario ( As a heads up)

Questions: Answer the following:

Whether Takesha has murdered Geneva
Whether Takesha satisfies the requirements of loss of control (and whether they should run with this defence)
Whether Takesha satisfies the requirements of diminished responsibility

Reference no: EM133375721

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