Jacinda works in the Sydney CBD as an interior designer at Luxe Interiors. Jacinda has recently been promoted to the position of Senior Manager. Following the CEO's announcement of her promotion on 20 November 2020, Jacinda's work colleague, Riley, sent a 'Reply All' email to her work colleagues. Riley wrote in the email that Jacinda's promotion was a result of favouritism rather than aptitude.

Over the previous three months, Jacinda has been receiving a number of threatening messages and emails from an anonymous number. Jacinda believes that the messages are being sent by Riley. Another co-worker, Louise, told Jacinda last week that Riley has started spreading an unfounded rumour that Jacinda is having an affair with the CEO of Luxe Interiors.

On Thursday 18 February 2021, Jacinda experienced a particularly stressful day at work. Colleagues were snickering behind her back, and she was certain that this was a result of the rumours that Riley had been spreading. Late in the evening, as she was leaving work, Jacinda received a message from an anonymous number. The message, which had been sent by Riley, stated: 'I know you've been defrauding Luxe by taking secret commissions. If you don't transfer $5,000 to me by COB tomorrow, your life will

be a living NIGHTMARE'. This was a lie - Jacinda had never taken any secret commissions. Jacinda was outraged.

Jacinda walked towards Town Hall train station. She could feel herself becoming more and more enraged. This was unusual for Jacinda; she was ordinarily extremely level-headed, even when faced with situations most people would find incredibly challenging.

After tapping on with her Opal card, Jacinda walked down the stairs to Platform Three. She saw Riley standing alone at the edge of the platform, towards its northern end. Jacinda's body started shaking with rage. She paused for a brief moment, then noticed a spanner lying on the ground. She picked up the spanner in her right hand, held it up high, and ran towards Riley. " you bastard. I hope you die!' she screamed. She threw the spanner towards Riley's head. Riley ducked and it missed him. Having nowhere else to go, Riley jumped down onto the train tracks. He sprinted north, in the opposite direction of Jacinda. Jacinda stood at the edge of the platform and watched him run away.

Approximately 20 seconds after Riley had jumped onto the train tracks, a loud horn sounded. A passenger train was approaching Riley. Jacinda stood in silence and watched the train approach. Riley pressed his body tightly against the wall so that the train would not hit him. He survived the impact of the train scraping past him, but suffered extensive injuries: his skull was fractured, he incurred significant brain damage, his left arm had to be amputated, he experienced difficulties breathing, and he could only eat and drink through a tube.

Following his arm amputation surgery, Riley acquired a bloodstream infection. This was because the hospital was understaffed, and the staff had failed to change his surgical bandage with sufficient frequency. Riley died from septic shock twelve days after acquiring the bloodstream infection. An autopsy revealed that Riley would have survived if he had not acquired the bloodstream infection following surgery, although he would have experienced a very low quality of life.

Short answer questions

1. What was the causation of the death of Riley, was the medical treatment an intervening act ?
2. Did Jacinda have the men's rea for murder
3. Is this murder or involuntary manslaughter?
4. refer to Relevant cases in your answer