- Jan 31, 2014
- Reaction score
In a case such as LL, even if it was a medical impossibility that her actions could have resulted in the death of a child she could still potentially be found guilty of attempted murder, if the evidence shows beyond all reasonable doubt that she was both unaware of this impossibility and that her intent was to kill.
Thank you for taking the time to explain this. The line of reasoning is very clear, up to the point when I try to apply this to LL's case. She is being accused of several murders, and a number of attempted murders.
In case of baby X, the charges were changed from murder (lethal drug or method) to attempted murder (medical impossibility and a natural death). So on the onset, the death of baby X must have appeared as a murder at a certain moment, and then for some reason this was changed to attempted murder, medical impossibility, but still an intent to kill.
I am getting confused here, because IMO it appears as if we are looking at a perpetrator with a MO that is at times lethal and at other times medically impossible. I wonder what this could be.
To stick to your example: in some cases LL would have used class A drugs, and in others baking powder. I don't see how this could happen in a ward in a hospital where medications and other materials are labelled and LL was a trained nurse. If LL wanted to kill, she had no reason to replace medications with baking powder (or talcum powder) and if someone else (person Y) put baking powder in medicine bottles, or switched whatever medication, this does not prove intent of LL. On the contrary, she would be a victim too of person Y.