Dave and Andy belong to the same gang. One night, in retaliation for an attack on their patch, Dave and Andy go out in search of a rival gang member (Fred) in order to kill him. However, seeing the two coming, and realising their intention, Fred grabs Andy and attempts to use him as a human shield to avoid attack. Dave does not want to harm Andy, but realises that if he shoots him there is a small chance that the bullet will pass through his body and kill Fred. Dave even thinks there is a chance that Andy could survive. Dave shoots, killing Andy and Fred.
As Dave returns home, he finds his step-son (Pete) dead. Although Pete had lived alone with Dave for many years, the two had begun to hate each other. In recent months, this culminated in Pete refusing to eat and Dave refusing to feed him. Following medical investigation, it was found that Pete’s death resulted from starvation. Dave was aware that Pete could die in this way and is glad he is dead.
Discuss Dave’s potential liability for murder.
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