R. v. Michael 173 ER 867

Material Facts:

The accused acquired a toxic substance with the purpose of having it ingested by her own child. She then directed a third party to administer the substance to the child every night, stating that it would be good for the child. However, the third party left the bottle containing the substance on the mantlepiece. Another child found the bottle and administered the substance to the defendant’s child, who died as a consequence. The defendant was charged with the murder of her son, but she contended that the death was caused by that other child who administered the substance to the deceased, and not her.

Issue:

Whether or not the defendant caused her son’s death.

Holding:

The defendant caused her son’s death.

Ratio Decidendi:

The child who ended up administering the poison was merely an involuntary agent, and in the present case, it would be as though the defendant administered the poison herself.

Comment:

See section 13(1) of Act 29 which provides for causing an event through an involuntary agent.