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Murder and Involuntary Manslaughter (a) Don's criminal liability for murder. Murder is the unlawful killing of another human being, under the queen's peace, with malice aforethought, either expressed or implied. For Don to have committed this offence he must have the required actus reus and mens rea. Ultimately, Don's act caused the death of Tim, the pedestrian. We can use causation to see this. The 'but for' test from White 1910 can be used to determine causation in fact. This was where the defendant put cyanide into his mother's lemonade drink, but she died of heart failure before the poison could kill her. The answer to the question 'But for what the defendant did would she have died?' is 'No'. She would have died anyway. In the case of Don, the pedestrian would have lived had it not been for Don's actions. Don's act does not have to be the sole or even the...

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