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Words: | Submitted: Mon Jun 19 2006
... condition deteriorates and she is connected to a life support machine. She is seen by Dan's wife, Delia, a nurse at the hospital, who also hates Paul and Penny. Delia switches off Penny's life support machine with the result that Penny's bodily functions cease a few minutes later. Discuss the possible criminal liability arising in the above situation. Dan may be liable for: murder, manslaughter; attempted murder; criminal damage. Delia may be liable for murder or attempted murder. Dan Murder is the unlawful killing of human being during the Queen's Peace with malice aforethought. The actus reus of murder will be satisfied if Dan has caused the deaths. Has Dan caused Paul's death? Causation in fact: but for test: Paul would not have died but for Dan's surreptitious interference with the brakes. Causation in law: does Eric's lorry running over Paul constitute a novus actus? Probably not as it must be a reasonably foreseeable consequence ...
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