Classic Law Problem

[Victor Eremita]

Diane, Kate, and Benjamin are walking together in the Sahara desert. Kate and Diane knows that Benjamin has been cheating on them, so they plan to kill him. Before leaving Asyut, Diane poisioned Ben's water canister. During the trip, Kate, without knowing what Diane did, punctured Ben's canister and the poison drained. And then Ben died of thirst. (Diane and Kate later became lesbians.)

Anyhoo, who killed Ben? Diane's poison never touched Ben's lips and Kate actually saved Ben from the poison.

Tough question, I think. Both are guilty of attempted murder; but is there sufficient cause for the charge of murder? For whom?

I chose Diane (just flipped a coin hehe)

[Didymos Thomas]

I'm no law student, but here's how I'd approach the matter assuming we can prove everything -

Diane for attempted murder, Kate for murder. Posthumously award Ben a medal.

[Holiday20310401]

Whoever did the damage is the killer in my opinion. Kate actually had influence on the death so Kate killed Ben. As simple as that. Diane should be punished as much as Kate though, because they are potentially the same in effect.

[Victor Eremita]

If Diane poisoned the canister and Kate didn't do squat, Diane is the murderer for sure. But Kate did puncture the canister, and Ben was spared the poision....

[Didymos Thomas]

Does it matter that Kate's actions spared Ben the poison? Kate intended to harm Ben by eliminating his water supply, and had no knowledge of the poison.

[Victor Eremita]

That's the key, "Kate intended to harm Ben"; no doubt, there's attempted murder to be sent Kate's way, but the facts of the case is that poison was drained by Kate's action.

[PaulG]

The physical act that killed Ben was that of Kate's, Diane had the Mens Rea, as did Kate, but it was Kate's Actus Reus that resulted in the demise of Ben. Since the poison was removed from Ben's canteen by Kate's action, wouldn't it be conceivable that Diane is now, technically, not guilty of anything? My understanding is that both Mens Rea and Actus Reus must be present to prove an offence.


PaulG

[GoshisDead]

Is revenge for infidelity legal in Egypt? And if the cannister was punctured in Egypt but Ben died in Libya is there extradition? etc...

[urangutan]

I think Ben is the guilty one for having travelled beyond hope when noticing he had no water.

I don't know if the two girls lived through the ordeal having never shared with Ben or after complete usage of all water, Ben continued to die while the girls found solice in gathering dew in the valley.

I don't know, maybe I am the crazy one and I shudder, when I should crank.

[krazy kaju]

You forgot to ask the most important question: are they hot lesbians?