Question
M lives with her infant child, B, in a third-floor apartment. One evening, a fire breaks out in the apartment below them. By the time
M lives with her infant child, B, in a third-floor apartment. One evening, a fire breaks out in the apartment below them. By the time their fire alarm sounds, the fire has spread considerably. The apartment front door, which is their only exit, has smoke coming from under it, and the handle and door are hot to touch. M calls the emergency services, but they are fifteen minutes away. With smoke quickly filling the apartment, M looks for a method of escape. M wraps B up and drops them from the window onto the grass verge below. M follows by jumping from the window. M suffers from a broken arm, leg, and bruises from the fall. B suffers serious bodily injuries from the fall and dies in hospital a few days later from these injuries.
When questioned, M said that she "did not want nor mean to hurt B".
a) With reference to criminal law doctrine, discuss whether M intended to cause B serious bodily injury.
b) Following your analysis of (a), discuss whether M should be held to have intended B's injuries.
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