murder accident
Harming a nearly dead person
<p>Bob is walking down the street when he slips on a banana peel. He bumps his head on the pavement and starts convulsing. Given the seriousness of his concussion, it seems that he's about to die.</p>
<p>Bob's ex girlfriend Alice happens to be walking nearby. She comes to his aid and gives him water. However, she secretly spikes the water with arsenic. Bob drinks the poisoned water and dies.</p>
<p>Is Alice guilty for Bob's death?</p>
<p><strong>Edit</strong>: A similar question was asked <a href="https://law.stackexchange.com/questions/30284/is-it-murder-to-kill-someone-whos-just-about-to-die">here</a>. My question is a bit different since I'm asking whether it is legal to <strong>harm</strong>, and not <em>kill</em>, a person who is dying.</p>

<p>Does he die from the poison or from the head injury?</p>
<p>If it's from the poison, yes, Alice is guilty of murder. If it's from the head injury, Alice is guilty of attempted murder.</p>
<p>If Bob dies from a combination of the head injury and the poison, Alice is likely guilty of murder. The general common law rule is that when there are two causes of death, liability attaches when the defendant's actions were a &quot;substantial factor&quot; in causing the death.</p>
