Jemima Fairbairn Law Assignment

A, who is on bad terms with his

neighbour B, hurls a
petrol bomb through B's living-room
window
intending to destroy the house, but
also being aware
that the occupants of the house are
highly likely to be
severly injured. Mrs. B and her baby
are badly cut by
flying glass but manage to escape
from the ensuing
fire. Both Mrs. B and the baby are
taken to hospital
where doctors recommend blood
transfusions. Mrs. B
refuses a transfusion because she is
afraid of
contracting the AIDS virus. She
lapses into a coma and
dies shortly afterwards. The baby is
to receive a blood
transfusion but C, a hospital
technician, mistakenly
identifies the baby's blood group. As
a result, the baby
receives incompatible blood and
dies. Consider the
liability of A for the deaths of Mrs. B
and the baby.

Criminal liability is generally made up of two elements: (1) the guilty act or omission
known as the "actus reus", and (2) the prohibited state of mind or guilty mind known as the
"mens rea". The mental element generally requires the proof of an intention on the part of the
person who commits the criminal act .
In this case A is criminally liable for the death of Mrs B seeing that his conduct caused
Mrs B to act in the manner that she did which ultimately caused her demise however, A is not
liable for the death of the baby whereas the doctor is due to his negligence.
In the case DPP/R v Parameter(1992) the accused was convicted on a total of four counts
of unlawfully and maliciously causing grievous bodily harm to his infant son.in his defense he
claimed to be unaware that his manner of handling the child would result in injures caused .This
case would aid in convicting A for his crime owing to the fact that they share similar material
facts and both accuse did not think of the outcome of their actions and were both reckless.