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CELE SQE1 模拟练习

Examination Timing: 00H03M35S

A man attacks a victim at a nightclub, violently banging the victim's head backwards against a wall and intending to cause the victim really serious bodily harm. The victim is badly injured and goes to the doorman who works at the nightclub to ask for help. The doorman thinks the victim is drunk and throws her out of the building. Soon afterwards, the victim is found lying on the pavement and is taken to hospital. Her condition is very serious due to massive brain damage, sustained as a result of the man’s actions together with some deterioration in her condition while she is lying on the pavement. She is placed on a life support machine which is switched off when it becomes clear she has suffered brain stem death. The man is charged with murder. Which statement best explains the man’s potential liability for murder?

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In criminal law, to establish liability for murder, it must be shown that the defendant's conduct was a substantial and operative cause of the victim's death. In this case, the man's violent actions directly caused the victim's severe brain damage, leading to her eventual death. The doorman’s actions and the switching off of the life support machine do not break the chain of causation if the initial injury inflicted by the man was still a substantial and operative cause of death. Therefore, the man can be found guilty of murder because his conduct was a substantial and operative cause of the victim’s death. 


Key Point: This question examines the principles of causation in murder cases, particularly the concepts of substantial and operative cause. Understanding these principles is essential for determining criminal liability when multiple factors contribute to a victim’s death.

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