LEGAL PRINCIPLE: CRIMINAL LAW – Culpable Homicide – Intention – Whether Intention to Cause Death May Be Inferred from the Nature of the Act

PRINCIPLE STATEMENT

In the definition of culpable homicide punishable with death under Section 221(b) of the Penal Code it has been made clear that whether death was the probable or only a likely consequence of an act or of any bodily injury, is a question of fact. Thus where bodily injuries intended to be inflicted are sufficient in the ordinary course of nature to cause death the offence falls under Section 221(b) of the Penal Code. If from the intentional act of injury committed the probability of death resulting is high, the finding should be that the accused intended to cause death or injury sufficient in the ordinary course of nature to cause death. If the probability of death is very great, as for example, where as in this case, the accused struck the deceased with a stick with such a force on the head that the deceased collapsed and died on the spot the offence under Section 221(b) of the Penal Code has been established. A person is clearly guilty of an offence under Section 221 if he does an act which causes death with intention to cause death or if he knew or had reason to know that death would be the probable consequence of his act.