Murder Without an Intention to Kill

30 Pages Posted: 6 Jul 2004

See all articles by Victor V. Ramraj

Victor V. Ramraj

University of Victoria - Faculty of Law

Abstract

On an objective interpretation of section 300(c) of the Penal Code, an offender may be convicted of murder, and the death penalty imposed, if he or she intentionally inflicts even a minor injury, which happens to cause death. This article defends the view that the objective approach is indefensible both legally and theoretically, and offers in its place a qualified subjective approach, which imposes liability under section 300(c) only where the offender intends to inflict what is subjectively known to be a serious injury that might possibly cause death.

Suggested Citation

Ramraj, Victor Vridar, Murder Without an Intention to Kill. Available at SSRN: https://ssrn.com/abstract=557345

Victor Vridar Ramraj (Contact Author)

University of Victoria - Faculty of Law ( email )

PO Box 1700 STN CSC
McGill at Ring Rds (Fraser Bldg)
Victoria, British Columbia V8W 2Y2
Canada

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