Premeditated Attempted Murder under Mistaken Identity and Transferred Intent
English Translation (Legal Style):
Mr. Yai lay in ambush intending to shoot Mr. Buem, his rival, at a place where Mr. Buem usually passed. At dusk, Mr. To walked by. Mr. Yai mistakenly believed Mr. To was Mr. Buem and fired. The bullet struck Mr. To’s arm, causing injury, and then passed through to hit Mr. Ouan, Mr. To’s father, resulting in serious injury.
Legal Issue & Analysis:
Mr. Yai had intent directed at Mr. Buem, but due to mistaken identity, the act is deemed intentional against Mr. To. The defense of mistake cannot negate intent. The ambush constitutes premeditation.
As the act did not result in death, Mr. Yai is guilty of attempted murder with premeditation against Mr. To.
The injury to Mr. Ouan is a consequence of aberratio ictus (transferred act). The intent transfers, making Mr. Yai liable for attempted murder with premeditation against Mr. Ouan as well, though no increased penalty applies due to the victim being his father.