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Words: 801 | Submitted: Tue Apr 22 2008
... not become liable for the death if the victim would have died at the same time regardless. The case of white applies this test; the accused put cyanide into his mothers drink intending to kill her. She died from a heart attack which happened before the poison had taken affect, he was not liable for murder. The courts must then ask whether the defendant was the legal cause of the victims death; causation in law. The conduct of the defendant may not be the sole cause of the death but be deemed a substantial and operating cause. The courts may view this question as one of morality, for example can the death be rightly blamed upon the accused? In the case of Pagett the accused was trying to escape armed police and used his girlfriend as a shield as he fired at them, the police returned fire killing the woman. ...
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