Where a deceased dies from cardiac arrhythmia triggered by an assault but in the context of pre-existing coronary artery disease, the assault may be found to be a substantial or significant cause of death sufficient for murder. Intent to kill may be inferred from circumstantial evidence of pre-planning including acquisition of materials under false pretences, use of phones registered in false names, and post-offending concealment conduct, even where the precise mechanism of death was not intended. Where accused persons are the only witnesses who would know if a death was unintended and they give evidence but do not assert unintended death, the jury may treat the absence of such evidence as narrowing the range of hypotheses consistent with innocence.
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