Question
During the Covid-19 lockdown period, X and his wife Y have a terrible argument. X repeatedly hits his wife over the head with a blunt
During the Covid-19 lockdown period, X and his wife Y have a terrible argument. X repeatedly hits his wife over the head with a blunt object. She eventually collapses and loses consciousness. Y's friend only discovers her lying on the kitchen floor the following morning and takes her to hospital. Because the hospital is full she is only taken to a ward after five hours. She is only examined the next day for the first time by a doctor. The doctor is very busy and does not make a proper diagnosis. Y receives no medical treatment whatsoever and dies the same night. X is charged with the murder of Y. The report of the pathologist who did the autopsy brings to light that Y had died from bleeding in the brain. The pathologist testifies that Y might possibly have lived if she had received proper medical treatment at an earlier stage. He is of the opinion that an intrinsically dangerous wound was administered to her from which she would most probably have died without medical intervention. Discuss the following questions which relate to the requirement of causation.
(i) Is X's act the factual cause of Y's death? Explain.
(ii) Is X's act also the legal cause of Y's death? Motivate your answer with reference to relevant authority.
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