Colin, aged 17, is talking to his fellow pupil at college, Duncan. They are having an argument about who is better at playing a computer game and the argument gets heated. Colin shouts at Duncan and prods him in the chest with his finger. Unbeknown to Colin, Duncan has recently been involved in a car accident in which he fractured a rib. As Colin prodded him in the chest just where the broken rib is, the rib penetrates Duncan's lung and Duncan collapses struggling to breathe. Colin panics and calls over to Bjorn, a teacher at the College who is trained in first aid. Bjorn immediately starts mouth-to-mouth resuscitation and begins chest compressions on Duncan. These chest compressions compound the injury to Duncan's lung and, unable to breathe for over six minutes, he dies.

A few days later, Duncan's mother, Astrid, was driving along a busy street when she sneezed and momentarily lost control of her car. The car swerved and hit Bjorn who was riding by on his bicycle. Astrid gets out of the car to assist the cyclist who is lying unconscious on the road. She recognises the cyclist as Bjorn, who she believes is the person responsible for her son's death. Shocked and raging with fury she shouts, 'That serves you right. I hope you die.' She gets back in her car and drives off. Bjorn, suffering from severe head injuries from the fall, dies 10 minutes later.

1. If you were a prosecutor, what would be your preferred charge of homicide, murder or manslaughter, in relation to Colin?

Murder

1. Give reasons for your choice in (a) above.
2. If you were Colin's defence counsel, what are the arguments you would advance in favour of the proposition that the chain of causation, linking Duncan's death to Colin's prodding him in the chest, was broken?
3. If you were Colin's defence counsel, what defence(s) would you seek to advance in answer to a charge of homicide, whether murder or manslaughter?
4. If you were prosecuting counsel, how would you respond to defence counsel's arguments in (c) and (d) above?
5. If you were prosecuting counsel, what would be your preferred charge of homicide in relation to Astrid, murder or manslaughter?
6. Give reasons for your answer in (f).
7. Assuming the prosecution were to charge Astrid with murder, and you were counsel for the defence, how would you seek to counter the prosecution's case that bothactus reus andmens rea of murder were present?
8. How would the prosecution counter the arguments raised in (h)?
9. Assuming the court finds bothactus reus and mens rea of murder present, and you are counsel for the defence, evaluate your chances of success in raising a partial defence of loss of control.