X1, X2 and X3 are crew on a whaling boat. A and B are fanatical members of an organisation that campaigns for putting an end to whaling. A and B continuously ram their boat into the whaling boat in an effort to damage it.In an effort to stop them, X1 blasts A and B from their boat with his boat’s water cannon. A and B fall into the water. A drowns. In the meantime, B gets hold of a lifebuoy, and hangs on to it. X2 and X3 swim up to the lifebuoy, and try to hold on to it. The three men start sinking. B and X2 both hit X3, who cannot swim well and is very overweight, until he releases his hold on the lifebuoy and drowns. X1, X2 and B are saved.
(ii) B is charged with the murder of X3. Briefly state, in one sentence, whether B may raise the same defence as X1 and give a reason for your answer. (3)
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