Donald lives in a remote cottage in the country. He has been the victim of several burglaries in the last 10 years and lives alone with his two dogs. He is a licensed gun owner. A friend tells him that there are a gang of burglars in the area. Donald decides to watch out for them and spends the night in a shed in his garden with his two dogs and his shotgun. Donald has a chronic alcoholism problem and has drunk a bottle of whisky a night for some years. If he does not drink he shakes uncontrollably, vomits and, on one occasion, has a seizure. He has also suffered from serious depression for many years and takes anti-depressant tablets which he is not supposed to mix with alcohol. He settles down for the night in the shed. He drinks the rest of his bottle of whisky and falls asleep. He is awoken by the sound of movement in the bushes next to the shed. His dogs bark. He puts his shot gun out of the window and shoots in the direction of the noise. He hears a cry and footsteps. He leaves the shed, shouting "kill" to the dogs and runs in the direction that the dogs run. He shoots into the darkness. Several minutes later, running in the direction of someone shouting for help, he finds a young man with shot gun wounds in his chest, hit from the front, and in the back, hit from the back. Donald goes to the house and calls the police and an ambulance. By the time the emergency services arrive, the young man is dead. Advise Donald on his criminal liability.