Phil and his wife Dawn have lived apart for some time. Dawn visits Phil to ask for a divorce and to tell him that she is seeing Ben, Phil's younger brother. This produces a violent reaction from Phil, who punches and kicks Dawn, causing a number of cuts and bruises. Phil has been violent towards Dawn on several previous occasions, leaving her depressed and anxious.

After leaving Phil's flat, Dawn sits outside in her car for about half an hour, feeling confused and badly shaken.When she sees Phil, leaving the flats and turning to walk down the road, she starts her car and drives it up onto the pavement, crushing him against a wall.

Discuss Dawn's liability for the death of Phil.