Desperate David has undertaken a dangerous desert trek rather than marry either of his current girlfriends. So each girlfriend (unaware of the others actions) sabotaged his reserve water supply.

Debra added a quick-acting poison while Dana punctured the barrel, allowing all of the poisoned water to run away.

One week later David died from dehydration.

However:

When arrested Debra claimed she was innocent because even though she poisoned the water David did not drink any.

Dana claimed she was not guilty because puncturing the barrel had stopped David from dying sooner from the poison. Her action made him live longer.

They cannot be charged jointly since they acted independently

Who, if anyone, should be charged with what crime?

Both Debra and Dana had the intent to bring about David's termination when he had to draw upon his reserve water.

Although David was unable to drink from his reserve, Debra's guilt is in her premeditated action with the view to bring about his demise.

Similarly Dana also bears guilt by her premeditation to bring about his demise.

Although they acted separately and unbeknown to each other, they are equally guilty of intent to commit murder.  Knowing the actions of the other after the fact does not absolve either.

Both guilty, but I cannot write up the charge sheet.

Posted by brianjn on 2007-04-12 10:00:19