Odger's English Common Law

272 HOMICIDE OR CAUSING DEATH.
common purpose, though not for any act done by the other
which is outside that purpose. 1 Thus where two carters,
racing each other along a road, ran over a man and death
ensued, it was held that both of them had caused the death
and were therefore equally guilty, although it was not known
whether both or one only had actually run over the deceased. 2
And whenever two or more persons act in concert with a
common purpose which is criminal, each is liable for every
act done by any of the others in pursuance of that common
purpose.
If the prisoner employs an agent, whether innocent or
guilty, to carry out his design, and death ensues from the act
•of such agent, the prisoner has caused the death. This is so
even where the agent mistakes or exceeds his instructions,
provided such mistake or excess was the necessary or reason-
able consequence of the instructions which the prisoner gave
him.
Thus, where a cook poisoned her master's dinner and sent it to him in
the hayfield by the hand of his little daughter aged six, it was held that
the cook was a principal in the first degree and had caused the death of
her master. 3
So, where A. poisoned an apple and gave.it to his wife to
eat, and she in A.'s presence gave it to their son, who ate it and died, it
was held that A. had caused the death of his son. 4
If the prisoner incites or commands a third person to do a
criminal act which would not cause death, and he commits
a different and independent crime which does cause death,
the prisoner is not liable, unless the crime actually committed
is the natural or probable consequence of the crime which the
prisoner instigated him to commit.
Thus, if the prisoner incites an agent to kill A. by one method and the
agent kills A. by another method, the prisoner is liable ; for he has caused
the death of A. Again, where the prisoner instigates an agent to murder
a third person, whom he describes, and the agent, by a reasonable mistake,
murders some quite different person who corresponds to the description,
the prisoner has caused the death of the man his agent has killed. Where
the prisoner incites an agent to rob A., and A. when attacked resists and
1 See R. v. Franz (18fil), 2 F. & P. 580.
2 S. y. Smndall and Osborne (1846), 2 C. & K. 230 ; 2 Cox, 141 ,; and see B. v.
Salmon and others (18^), 6 Q. B. L>. 79, post, p. 296.
» Anon. (1633), Kelyng, 52.
* R. v. Saunders and Archer (1573), Plowd. 473 ; Foster's Crown Cases, 371.