Where a deceased has already been mortally wounded by another person, a second assailant who strikes the deceased can be convicted of murder if the second blow made a significant or substantial contribution to the death, whether by accelerating death or otherwise. The jury must determine whether the contribution was sufficiently substantial to justify the attribution of criminal responsibility. The 'but for' test may be inapplicable where there are multiple sufficient causes, but each contributing cause may still satisfy the legal test of causation. Section 273 of the Criminal Code (WA) dealing with acceleration of death may not apply where the pre-existing condition is a mortal wound rather than a 'disease or disorder'.
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