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4 Crim. L.F. 1 (1993)

handle is hein.journals/crimlfm4 and id is 1 raw text is: Vol. 4 No. 1 (1993) 1 The Fortuity of Consequence* James J Gobert* C onsider the following hypotheticals: In unrelated incidents, A, B, C, and D each knocks a stranger on the head. Each plans to rob his victim and strikes a blow calculated to render the victim unconscious. The blows are of roughly comparable force and accomplish the desired objective. None of the defendants has any justification or excuse for his actions. A's victim has the proverbial eggshell skull and dies before assistance can be provided. B's victim is of sturdier stock and survives, suffering only a mild headache. A doctor happens upon C's victim. Unfortunately, the doctor misjudges the seriousness of the injuries, and her attempt to perform emergency surgery is unsuccessful, with the result that the victim © 1993 James J. Gobert. Professor of Law, University of Essex, Colchester, England; B.A., Cornell University 1967; J.D., Duke University 1970. I would like to thank my colleagues Janet Dine, Sheldon Leader, Nigel Rodley, Peter Stone, Bob Watt, and Carolyn Yates for their helpful comments on drafts of this article. Andrew Ashworth of King's College, London, was kind enough to talk through with me some of the points of the analysis that were most troubling to me personally. Another patient (not to mention entertaining) listener was Bernard Brown, of the University of Auckland in New Zealand, who also enlightened me in respect to the New Zealand debate on these issues. If despite this support, fault remains in the analysis, the responsibility is mine. Vol. 4 No. 1 (1993) I

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