What is Jacob's criminal liability for Don's death? Jacob's liability for murder under ss 302 and 305 of the Criminal Code (Qld) must be examined first. 1. Physical Elements The physical element is killing. To "kill another" person under section 302(1) of the Criminal Code (Qld) is defined as "causing death" under section 293. To establish the physical element of killing therefore, there must be death and causation. 1.1 Death of Another The facts of the case make it clear that Don was killed instantly after Jacob's attack. The next question thus is one of causation. The method of the killing is irrelevant in determining the charge. 1.2 Causation In order to establish causation, there must a) be a link between the perpetrator's actions and the victim's death. And b) there can be no intervening act that breaks the chain of causation (R v Hallet). As outlined in s293, Jacob hitting Don's head must have actually caused his death. There are various different tests that can be utilised to establish causation (Royall v the Queen). 1.2.1 The issue of causation is not problematic here however, as Don would not have died "but for" the action of Jacob hitting him over the head, and it is a matter of fact that the blow to the head substantially if not wholly contributed to Don's death. When determining whether death would be reasonably foreseeable to Jacob if he carried out his actions, the question should be objectively considered from the view of a reasonable person. To an objective, reasonable individual in the position of Jacob, it is clear that a deliberate blow to the head with a menorah - an object that is often made of metal - would cause death or serious harm. This test is subject to scrutiny however as the emphasis on 'foreseeability' blurs the line between the mental and physical elements. 1.2.2 The natural consequence test focuses Don's actions. The chain of causation would not be broken if Don had acted in self-preservation in a reasonable manner to escape Jacob's harm. This does not apply as there is no break in the chain of causation - Don died immediately following Jacob's strike to his head. If he had not died immediately and proceeded to take further actions, then this test would be more applicable. The question of deemed causation is not relevant (ss294-298 Criminal Code (Qld)). Therefore, the death of Don can be attributed to Jacob's actions such that he is seen as having caused her death. 2. Mental Elements Section 302(1) outlines the mental elements that must be satisfied to constitute the charge of murder. 2.1 Intention to cause death Outlined under s 302(1)(a), intention to cause death requires the accused to act with the purpose, object, or desire to bring about the result of death. Jacob consistently asserts that he would have done "absolutely anything" to protect the Torah scrolls. The intention to cause death could further be evidenced by Jacob's deliberate aim to Don's head -