Gus, intending to kill his wife Daisy, purchased a gun and some bullets. He also
ID: 3460969 • Letter: G
Question
Gus, intending to kill his wife Daisy, purchased a gun and some bullets. He also took out a large life insurance policy on Daisy with himself as beneficiary. Later he feels ashamed for his actions and hides the loaded gun on the closet shelf with the safety off. Daisy is home alone one night searching for her winter purse and knocks the gun off the shelf. It goes off and she is seriously injured. Daisy is able to call the police. The police try to transport her to the hospital. On the way to the hospital, the ambulance is hit by a drunk river and she is killed. When Gus hears that his wife is killed, he goes to the local bar to celebrate. Should Gus be held accountable for Daisy's death?
In answering the question, discuss whether there was a criminal act, state of mind, causation, resulting harm, principle of legality, necessary attendant circumstances and whether Gus could instead be charged with attempted murder and if so why?
Explanation / Answer
No, Gus would not be held responsible for Daisy's death because in this case Gus's act did not actually cause her death. Daisy died when she herself knocks the gun off the shelf and as a result ended in an ambulance which on the way to hospital got hit by a drunk driver causing her death. Because during the autopsy it will be determine that Daisy's real cause behind her death is heart failure due to hit and run accident case. Thus the real cause leading to death is the accident and not the knocking of gun. This is an example of causation in which the prosecutor may charge Gus with attempted murder because had not he put the gun with the intention of killing his wife in the shelf, his wife should not have been injured. Also in the end, Gus was seen to be partying for the celebration of his wife's murder, which represents his joy he felt after her death to secure life insurance Money on her part.
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