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TOPIC: liability

liability 9 months, 2 weeks ago #605

  • lacson
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A shot B, but missed and instead hit and killed C. What is the liability of A?

Re:liability 5 months, 4 weeks ago #1098

  • malaya
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Under what circumstances A shot B? In defense of himself or was he the aggressor and intend to kill B?

Re:liability 2 months, 3 weeks ago #1280

  • elvis
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Under the Revised Penal Code:

Art. 4. Criminal liability. — Criminal liability shall be incurred:

1. By any person committing a felony (delito) although the wrongful act done be different from that which he intended.

It's a clear case of aberratio ictus or mistake in the blow. In aberratio ictus, a person directed the blow at an intended victim, but because of poor aim, that blow landed on somebody else, the intended victim as well as the actual victim are both at the scene of the crime.

As to B, the crime is attempted homicide or attempted murder, as the case may be, if there is any qualifying circumstance. As far as C is concerned, if C were killed, crime is homicide. If C was only wounded, the crime is only physical injuries. You cannot have attempted or frustrated homicide or murder as far as C is concerned, because as far as C is concern, there is no intent to kill.
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