If (1) D1 and D2 voluntarily engage in fighting each other, each intending to kill or cause grievous bodily harm to the other and each foreseeing that the other has the reciprocal intention, and if (2) D1 mistakenly kills V in the course of the fight, in what circumstances, if any, is D2 guilty of the offence of murdering V?
The Lord Justices, 6 to 1, held the conviction was valid. The logic is arguably dubious but I’ll have to table my discussion of that point until finals are over.
* I say reluctantly because I hate block quoting and its proliferation in the internet world. It is a cop-out plain and simple.