Question ONE
In August 2020, whilst shopping at his local supermarket, Daniel was approached by a shop assistant, Jivin, who asked him why he was not wearing a face mask. Jivin informed Daniel that he must wear a face mask in the store in compliance with government rules on COVID-19.
Daniel replied, stating his belief that the 5G mobile phone network causes COVID-19 and that he did not need to wear a mask. On this basis, Jivin asked Daniel to leave the supermarket. Daniel lost his temper and spat in Jivin’s face. He then ran out of the store. Jivin reported the incident to the police and arranged to have a COVID-19 test. The test showed that he had contracted COVID-19. When the police found Daniel, they arrested and charged him with battery. Around that time, Daniel also tested positive for COVID-19. It was accepted by the prosecution that he did not know he had the disease at the time he assaulted Jivin.
When he was released from custody, Daniel returned to his home. He lived there with his elderly mother. His mother took sensible precautions to protect herself, but contracted COVID-19. Daniel attempted to care for his mother. When her conditioned worsened he panicked and, afraid that he might get into trouble with the police again, failed to contact the health services. His mother regrettably passed away at home from coronavirus. It is accepted by the prosecution that his mother was incapable of contacting the health services.
Ten days after being spat at, the shop assistant, Jivin, was admitted to hospital with difficulty breathing. He sadly passed away not long afterwards. The medical evidence shows that he died of complications arising directly from coronavirus.
Discuss the criminal liability of Daniel for involuntary manslaughter offenses.
