Multiple choice

Fact: With a view to chastising her daughter, the accused gave a kick on the back and two slaps on the face, the result of which was death. Issue: What offence, is any, is caused by the accused in the above case?

  1. It could not be said that accused intended or knew that kicking on the back and slapping were likely to endanger life and consequently he is guilty of causing hurt only.

  2. He is guilty of murder.

  3. He is guilty of culpable homicide.

  4. He id guilty of causing grievous hurt.

Reveal answer Fill a bubble to check yourself
A Correct answer
Explanation

The key question is whether the accused intended or knew that the chastisement was likely to cause death. A kick on the back and two slaps on the face are not acts that would ordinarily be expected to cause death. For murder, there must be intention to cause death or knowledge that the act is likely to cause death. For culpable homicide, there must be intention to cause bodily injury likely to cause death. Since these acts (kicking and slapping) are not inherently life-threatening, the accused lacked the requisite mens rea for murder or culpable homicide. This is causing hurt only.