Keith is quite correct, Greg. The family have stated that the man was alive before the attack. However, it's actual cause of death that needs to be verified. For example, despite talking beforehand, he could have subsequently died of delayed shock, a coronary infarction, or some other ailment not connected to the terrorist's actions. I admit, these other scenarios are highly unlikely, but for the case to proceed successfully, these details are vital, and constitute the difference between 'attempted murder' and 'murder'. With regard to mental capacity, in UK, if a person is considered to be mentally incapable of self-restraint, or psychotic in some way, he/she can be detained indefinitely in a high security hospital (eg Broadmoor) but not sent to one of HM Prisons. The difference lies in the Court's assessment of the psychiatrist's report.
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