To mitigate his liability for inflicting physical

7. The mitigating circumstance of immediate
vindication of a grave offense cannot be
appreciated in a case where
8. To save himself from crashing into an
unlighted truck abandoned on the road, Jose
swerved his car to the right towards the
graveled shoulder, killing two bystanders. Is
he entitled to the justifying circumstance of
state of necessity?
9. The mental capacity to understand the
difference between right and wrong.
10. 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 .
6. To mitigate his liability for inflicting physical
injury to another, an accused with a physical
defect must prove that such defect restricted
his freedom of action and understanding.
This proof is not required where the physical
defect consists of
a. a severed right hand
b. complete blindness
c. being deaf mute and dumb
d. a severed leg