Question

PRINCIPLE: No communication made in good faith is an offence by reason of any harm to the person, to whom it is made, if it is made for the benefit of that person. FACT: A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequences of the shock.

• A. A has committed the offence of causing death of his patient
• B. A has not committed the offence of causing death of his patient
• C. A has only partially committed the offence of causing death of his patient
• D. None of the above

Answer 1

Answer: (B)

A has not committed the offence of causing death of his patient

Legal principle says that any communication made by a person for the benefit of another person will not amount to an offence by reason of any harm caused to that person.

A communicated his opinion to the patient in the patient's benefit and in good faith. He did not have the malice of causing him any injury or harm. Therefore applying the legal principle to the facts A has not committed the offence of causing the death of his patient.

Hence, B is the correct option.