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VVocatus · Bar Exam Practice

Criminal Law, 2019 Bar — Question B.14-a

Criminal Law
2019 BarCriminal LawQ. B.14-a

ESSAY

Mr. X and Mr. Y engaged in a violent fight which Mr. X instigated. This culminated in Mr. X repeatedly smashing Mr. Y's head on the concrete pavement. Thereafter, Mr. X left Mr. Y barely breathing and almost dead. A few minutes after the incident, Mr. X immediately went to the police station to confess what he did and told the police where he left Mr. Y. Fortunately, the police rescued Mr. Y and he survived with the help of timely medical intervention. Mr. X was then charged in court with Frustrated Homicide, to which he openly confessed his guilt upon arraignment. (a) Based on the above-stated facts, what is/are the mitigating circumstance/s that may be appreciated in favor of Mr. X? Explain. (2%)

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