Criminal Liability Arising from Discharging a Firearm at a Crowded Public Bus and the Consequential Death of a Passenger
Mr. Buam, being in a hurry, was waiting at a bus stop and signaled an approaching public bus to stop and pick him up. However, the bus was already full of passengers and did not stop. Enraged by this, Mr. Buam drew a firearm and discharged a shot toward the bus, which was evidently occupied by numerous passengers.
The legal issue is whether Mr. Buam incurs criminal liability for the death of a passenger who, upon hearing the gunshot, panicked and jumped off the moving bus, striking his head on the ground and subsequently dying.
By firing a gun at a bus known to be crowded with passengers, Mr. Buam must be deemed to have foreseen the likelihood that his act could cause death to persons inside the vehicle. Such conduct demonstrates intent in the form of dolus eventualis, thereby constituting attempted murder under Sections 288 and 80 of the Thai Penal Code.
However, the actual death of the passenger did not result directly from the gunshot, but from the passenger’s own act of jumping from the bus. This act constitutes an unreasonable and disproportionate response to the danger, amounting to a voluntary act of self-endangerment that breaks the chain of causation.
Accordingly, Mr. Buam shall not be held criminally liable for the death of the passenger. Nevertheless, his act of firing at the bus, with foresight of potentially fatal consequences, fulfills the elements of attempted murder.
Conclusion:
Mr. Buam is guilty of attempted murder under Sections 288 and 80, but is not liable for the passenger’s death due to a break in causation arising from the victim’s unreasonable act of self-preservation.
