Homework Question - Criminal Liability for Murder and Manslaughter

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Student101

Member
27 August 2014
1
0
1
Hi All

I have a very interesting legal problem that i have been told to solve and would like some advice on it.

Johnny was demonstrating a push to Mike, which resulted in Johnny accidentally pushing Mike over a balcony. As Mike was lying in a pool of blood after falling, Johnny called his friend Jack to accompany him to check on Mike. When they checked on Mike they realised that he was still breathing, however Jack proceeded to cover Mikes mouth for several minutes, suffocating him.

They then proceeded to leave Mike there without checking his pulse, however Mike was still alive at the time they left. Mike was found dead the next day due to exposure to the cold.

How are Johnny and Jack criminally liable? Is Johnny liable for murder or manslaughter or just assault. And is Jack liable for murder even though it was the cold which killed Mike?

Thank you
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,504
687
2,894
Sydney
  1. If this is a homework question, then we don't do those.
  2. If it's real life, then you all need a lawyers immediately.