Of the most improbable of events

Alan is a famous politician hated by Dave, an enthusiast for voodoo. Dave believes that he can cause brain damage to Alan by sticking needles into his effigy. Dave foresees two problems, first, that he is not sure he can make a sufficiently accurate effigy of Alan and secondly, getting the needles into the exact parts of the effigy’s head will be exceedingly complex. He decides to go to Madame Tussaud’s to try out the spell on Alan’s effigy, fully expecting that he will need a second trip as he is bound to stick the pins in wrongly the first time around. On arriving at the effigy the coast seems clear and Dave sticks a number of pins into it, ruining it beyond repair. Paula arrives but Dave, seeing that she does not look hostile, explains to her what he is doing. Paula happens to be a researcher working for Alan and sends him a text message describing the scene. Alan is so amused on reading it that he rocks back on his chair and cracks his skull on the wall, which causes him brain-damage.

Consider Dave’s criminal liability, ignoring any issue of insanity. Add critical comments where you think the law is unsatisfactory.

From the KCL 2007 summer exam for criminal law. Seriously, WTF.