Jacob, a rabbi in Brisbane is being investigated by the public prosecutor for the offences committed against Don and Jacob whom had attempted to rob the torah scrolls belonging to the mosque Jacob works at. This essay aims to discuss the criminal responsibility of Jacob regarding the death of Don, and injuries suffered by Edward. As the incident took place in Brisbane, Queensland is the relevant jurisdiction so liability will be determined pursuant to the Criminal Code (Qld) 1899. Issue 1: Is Jacob liable for murder for the death of Don pursuant to ss302(1)? Proving Causation Murder is defined as killing an individual plus a corresponding mental element. The accused causing the death of the victim is paramount to establishing the physical element as expressly stated in section 293. Thus to establish the physical element of murder, it must be satisfied Jacob caused the death of Don and there is no intervening act which breaks the chain of causation. On the facts, Don is dead. Jacob is directly the cause of Don's death as he had used a menora to strike Don directly on his head. From the facts, this blow had killed Don instantly. Alternatively it can be said but for Jacob's strike to Don's head with the menora, Don would still be alive. There are confirmed no intervening acts from when Don had attempted to walk away with the torah scrolls and when Jacob struck him over the head. Causation is therefore satisfied, meaning Jacob killed Don. Proving intention Section 302(1)(a) provides if 'the offender intends to cause the death of the person killed or that of some other person or if the offender intends to do to the person killed or to some other person some grievous bodily harm; is guilty of murder.' Section 302(1)(a) provides two alternatives; that the offender intends to cause the death of the victim or another or; the offender intends to cause grievous bodily harm to the victim or another. Both will be dealt with separately. In cases of murder, section 302(1)(a) is deemed to be a subjective element requiring analysis of Jacob's mind to infer what his intention was. Section 302(1)(a) - first alternative The mental element may be satisfied if proven Jacob intended to cause the death of Don. On the facts, it is slightly unclear. Jacob's general intention was to prevent the theft of and damage to the torah scrolls, and this end would be met under any circumstance. This intention was first noted upon seeing the Jacob and Edward in the act of stealing them. Jacob had later confirmed with the Police the same intention implying that his intent of ensuring the torah scrolls' safety by all means necessary remained consistent throughout the incident. Though it is unclear from express intention alone his intention was to kill Don, it is inferred that killing Don fell under the umbrella of doing anything to protect the torah scrolls. Clarification may be found through his physical conduct for the following reasons.