Although a tribunal1 is not bound by the ordinary rules of evidence2, it must base its decision on evidence and not on such matters as the opinion of the medical member, because the appellant must have the opportunity of dealing with the evidence3. The medical member's function is to advise the other members on the effect of the medical evidence4. It is the tribunal's duty to weigh the evidence; this is not a matter in the appeal within the jurisdiction of the Upper Tribunal5. A tribunal is not bound by a statement of the cause of death on a
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The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
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