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Forensic Medicine · Injuries: culpable homicide
Sample itemIn a sudden quarrel, a man loses his temper and strikes his neighbour with a stick once, without premeditation, and the neighbour dies of a head injury. Which charge is most suitable?
Original practice item, not a recalled exam question. Nothing here is recorded.
The answer and the reasoning
B. Culpable homicide not amounting to murder, as it occurred in a sudden fight without premeditation
Culpable homicide becomes murder when there is intention to kill, knowledge that death is the probable result, or injury sufficient in the ordinary course to cause death. Exceptions such as grave and sudden provocation, or sudden fight without premeditation and without undue advantage, reduce the offence to culpable homicide not amounting to murder.
Option by option
A. Accidental death with no liability
A deliberate blow is not an accident and carries liability.
B. Culpable homicide not amounting to murder, as it occurred in a sudden fight without premeditation (correct)
Sudden fight without premeditation is a recognised exception reducing murder to culpable homicide.
C. Murder, since death resulted
Death alone does not make an act murder; intention or knowledge is required.
D. Simple hurt
Simple hurt is not applicable where death was caused by the blow.
Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.
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