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    It is approaching Halloween and Henry has seen and read news stories about people dressing as scary clowns in order to frighten local residents. He thinks this would be the perfect prank to play on his friend, Fred, who he knows has had an irrational but very real phobia of clowns since childhood. Henry purchases a costume and hides in bushes near to the driveway of Fred’s house. When he sees Fred’s car approaching, he jumps out into the road and waves him down, leering and waving a replica axe. He is unaware that Fred’s three year old son, Billy, is asleep in the front passenger seat of the car. Fred is absolutely terrified at the sight of the clown and instead of slowing down, he speeds up to escape but crashes the car into a tree. Billy, who was not properly strapped into his car seat, is thrown through the windscreen and dies instantly.
    Horrified by the turn of events, Henry races over to Billy’s body. Fred, who is shaken but unhurt, sees the clown pick up his son and bolts from the car still terrified that the clown is going to get him too. Dumbstruck, Henry has fallen to his knees at the roadside and watches as Fred, in blind panic, plunges headlong into the fast flowing river at the end of the road. Henry knows that Fred cannot swim but nor can Henry and so he watches helplessly as Victor is overcome by the current and drowns.
    Advise Henry as to his liability, if any, for homicide.

    Deal with each of the problems in turn and it'll make it easier for you.
    #1 - the initial jumping in front of the car.
    #2 - the watching of the drowning. Lesser of 2 evils?

    Also, relate back to the fact that Henry knows of the fear & phobia of clowns which is present.
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Updated: January 9, 2017
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