Murder or Manslaughter?

humanji

Now, first off, I want to admit that I know this is a stupid question, but I was bored the other night, so watched an episode of CSI and this question came to mind:

If I wanted to kill person A, but they jumped out of the way and I accidentilly killed person B, is it manslaughter or murder? On the one hand, I had intended to commit a murder, which would generally rule out manslaughter, but because I accidentally killed someone who I hadn't intended to kill, it's not really a murder, is it?

Or is it just my definitions of murder and manslaughter that are way off?

Planxty

It's murder. It does not matter that you didn't intend to kill B, the intent of your action was to take a life, the fact that it wasn't the life you intended to take is irrelevant.

ronnie3585

Its murder - the doctrine of transferred malice.

mikemac

Intent so it's murder

xanthe

Not a legal eagle here but a huge fan of CSI .....
With regards to personB ...In my mind its manslaughter cause it was by accident and not premeditated.

ronnie3585

xanthe wrote: »

Not a legal eagle here but a huge fan of CSI .....
With regards to personB ...In my mind its manslaughter cause it was by accident and not premeditated.

No. It's murder. The requisite mens rea was present i.e. there was intent to kill - the fact that you killed someone else other than your intended victim is irrelevant.

impr0v

As has been said above, in Ireland it would be murder.

Criminal Justice Act 1964:

4.—(1) Where a person kills another unlawfully the killing shall not be murder unless the accused person intended to kill, or cause serious injury to, some person, whether the person actually killed or not.

humanji

Thanks for clearing that up, folks.