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VVocatus · Bar Exam Practice

Criminal Law, 2011 Bar — Question 46

Criminal Law
2011 BarCriminal LawQ. 46

MULTIPLE CHOICE

Deeply enraged by his wife's infidelity, the husband shot and killed her lover. The husband subsequently surrendered to the police. How will the court appreciate the mitigating circumstances of (i) passion or obfuscation, (ii) vindication of a grave offense, and (iii) voluntary surrender that the husband invoked and proved? (A) It will appreciate passion or obfuscation and voluntary surrender as one mitigating circumstance and vindication of a grave offense as another. (B) It will appreciate all three mitigating circumstances separately. (C) It will appreciate the three mitigating circumstances only as one. (D) It will appreciate passion or obfuscation and vindication of a grave offense as just one mitigating circumstance and voluntary surrender as another.

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