Magwitch shoots Compeyson in the abdomen and the latter is immediately taken to hospital. An emergency operation is undertaken and the bullet is removed from Compeyson’s body. At first, Comp
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Magwitch shoots Compeyson in the abdomen and the latter is immediately taken to hospital. An emergency operation is undertaken and the bullet is removed from Compeyson’s body. At first, Compeyson appears to be making excellent progress, but after about a week, he develops some internal bleeding. Compeyson is operated on by Dr. Death, who has taken a large dose of amphetamines. Dr. Death fails to stop the bleeding and Compeyson dies the next day. An independent medical specialist states that “any competent surgeon” would have saved Compeyson’s life. Would Magwitch be considered criminally responsible for Compeyson’s death?
Please state the actus reus, whether it objective or subjective mens rea, intent, factual and legal causation (blameworthiness and foreseeability)!
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