IN YOUR ANSWERS REFERENCE APPROPRIATE CASES AND SECTIONS OF THE CRIMINAL CODE. MAKE SURE TO APPLY THE PRINCIPLES FROM CASES AND SECTIONS OF THE CRIMINAL CODE TO THE SPECIFIC FACTS IN CASE SCENARIOS

FACT SITUATION

Rachael is desperately searching for available parking spots at the local mall, as she is late for a job interview. Luckily, she sees that a parking space has opened up and she drives to the spot in order to park. As Rachael is about to pull into the parking spot, she notices another car speeding towards it. Rachel quickly parks and exits the car. Ross, who is the driver of the other car, jumps out of his vehicle, stands directly in front of Rachael and yells at her for taking away his parking spot. Rachael needs to get to her interview as she needs the money to pay her rent, but Ross is blocking her way. Rachael does not want to be late, so she takes out a baseball bat from the trunk of her car and forcefully hits Ross on the head with it and then quickly runs away. Ross falls to the ground bleeding and struggling for breath. When other patrons of the mall notice Ross lying on the ground, they call the paramedics. When the paramedics arrive, Ross is pronounced dead. However, the pathologist conducting an autopsy discovers that Ross only had a few weeks left to live, as he was suffering from an incurable cancer. Rachael is charged with murder under s.229(a)(i) of the Criminal Code. Rachael states that she did not intend to kill Ross, however she admits that she realized that Ross may be badly injured due to her hitting him with a baseball bat and that people may even die from such injuries. Rachael also claims that she simply accelerated Ross's death as he was going to die in a matter of weeks. Therefore, she is not a sole cause of his death and thus should not take the blame. Does Rachael have the mens rea for murder? What about causation? Can it be argued that Rachael caused Ross' death? In your answer, discuss the relevant case law as well as sections of the Criminal Code.