It is Friday, 9 December 2022 at 11pm. Rabbi Jacob goes through his usual routine of closing the gates and locking the doors to the synagogue in Mary Street, Brisbane. Jacob has been the local Rabbi for 30 years. He was born in Brisbane in 1952 to his Jewish parents who fled from the Holocaust in 1942 and migrated from Poland to Australia. Jacob's parents lost all their other relatives in Nazi death camps; they were the sole survivors of a large family. Jacob grew up as a devout Jew, respectful of his religion's tradition and his family's history. On the night of 9 December, after Jacob closed and locked all gates and doors he hears unusual noises from inside the synagogue. He follows the noise back into the main hall and sees two people, Don and Edward, both heavy-built 26-year-old men, trying to steal a set of torah scrolls. The torah scrolls, the most scared script in Judaism, are over one hundred years old and were brought to Brisbane by another Holocaust survivor in the mid 1940s. Jacob is shocked that the two men would try to steal the scrolls and decides he will do anything to prevent the theft of the torah scrolls and any damage that may be caused to them. "Stop it!" he yells across the room, but Don and Edward pay no attention to Jacob who is considerably smaller and more weakly built then them. "Go away, stupid Jew" they respond and go on with their business. Jacob now decides to step up his efforts. He takes a menorah, 1 walks up to Don who is attempting to walk away with the torah scrolls, and - aiming deliberately at Don's head - hits him over the head with a forceful blow, killing him instantly. Edward is shocked by Don's sudden death and freezes, not knowing where to go and what to do now. Jacob lifts the menorah again, this time aiming at Edwards arm, but he nearly misses him and Edward only sustains some small bruises. Edward is able to get away from Jacob and run to the main exit doors, but when he opens them the police, alarmed by neighbours, is already at the scene. When interviewed by police several days after the incident, Jacob is asked why he used such force against the intruders. He replied that "I would have done anything, absolutely anything to prevent the theft of and any damage to the torah scrolls. They are more important to me than anything." The public prosecutor is considering charging Jacob for offences committed against Don and Edward.
Liability for murder of Don The first question is whether Jacob could be liable for murder according to ss302, 305 of the Qld criminal code. Physical element - s302fl1) Qld codeff causing death of another person - s293 - requires that death have been caused directly/indirectly by accused. On the facts, Don died so the first part is fulfilled. Causationff did Jacob's conduct cause Don's