Murder by Premeditation; Principal by Procurement; Mistake as to the Victim
Murder by Premeditation; Principal by Procurement; Mistake as to the Victim
Mr. Klom hired Mr. Biaw to kill Mr. Liam, who was in fact Mr. Klom’s father. When Mr. Biaw arrived, he asked which person was Mr. Liam, as Mr. Liam already knew that Mr. Biaw had come to kill him. Mr. Liam then pointed to Mr. Ban instead. Acting upon that identification, Mr. Biaw shot and killed Mr. Ban.
In these circumstances, Mr. Klom is criminally liable as a procurer who used another person to commit premeditated murder. His liability arises from intentionally instigating and employing Mr. Biaw to carry out the killing, the offense being murder with premeditation under Section 289(4), in conjunction with Section 84 of the Thai Penal Code.
Mr. Biaw is criminally liable for premeditated murder as the direct perpetrator. Although he killed Mr. Ban instead of the intended target, his mistake concerns only the identity of the victim and does not negate the existence of murderous intent. This is a case of mistake as to the person, and criminal liability remains for intentional premeditated homicide under Section 289(4), read together with Section 61 of the Thai Penal Code.
Case 7 — Robbery; Use of Violence in the Course of Taking Property
Mr. Khem strangled Ms. On and forcibly snatched the amulet necklace from her neck until the chain broke. Ms. On managed to hold onto the broken necklace against her chest, so Mr. Khem fled with only the amulet in his hand.
Mr. Khem is guilty of robbery. The offense was completed because violence was used against the victim in order to take property from her possession. The fact that he escaped with only part of the property, namely the amulet rather than the entire necklace, does not reduce the offense to mere attempted theft or any lesser charge. His conduct constitutes robbery under Section 339 of the Thai Penal Code.