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Question
LEGAL PRINCIPLES
1. Whoever· causes death by doing an act with the intention of causing death or with the intention of causing such bodily injury as is likely to cause death or with the knowledge that he is likely by such act to cause death commits the offence of culpable homicide.
2. Mens rea and actus reus must concur to result in a crime that is punishable by the law.
FACTUAL SITUATION
A and B went for shooting. A knows Z to be behind a bush. B does not know it. A induces B to fire at the bush. B fires and kills Z. Has an offence been committed?
Options
A had mens rea but no actus reus. B had actus reus but no mens rea. No one is guilty
An induced B to fire at the bush with the knowledge that Z is there. A is guilty of culpable homicide but B is not guilty of any offence
Both A and Bare guilty
None of the above
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Solution
An induced B to fire at the bush with the knowledge that Z is there. A is guilty of culpable homicide but B is not guilty of any offence
