Question 2 [20]

E, a manic-depressive drug addict, is detained in a closed ward of a rehabilitation centre where he is treated by Dr B, a psychiatrist. On Tuesday 3 June 2021, E escapes from the centre and goes to his ex-girlfriend V's apartment. During a heated argument E stabs V with a knife in her back. E, realising what he did, phoned the ambulance and ran away scared that he would get caught and sent to prison. V is still alive but seriously wounded and is taken to the local hospital. At the hospital V receives emergency medical treatment and her condition is stabilised to such an extent that she is no longer in any danger and well on her way to making a full recovery. V, however, dies a week later of an overdose after she found out that her new boyfriend was having an adulterous affair. In the meantime, E, on a desperate mission to obtain drugs, robbed a pharmacy. During the robbery E stabbed a pharmacist, K, in the neck with a knife. K was still alive after the stabbing until G, also a rehabilitated drug addict and sworn enemy of K, appeared on the scene and fatally shot K in the head. During an ensuing criminal case against G, three psychiatrists unanimously testified that during the commission of the acts and also at the commencement of the trial, G suffered from psychopathy.

2.1 Discuss E's criminal liability with regard to V's death. Refer to leading case law in your answer. (5)

2.2 Discuss the criminal liability of E and G with regard to K's death. Refer to leading case law in your answer. (15)