Re: Killer father gets 5 years for son's brutal death
Kevin Gowen wrote:
> Kevin Wayne Williams wrote:
>
>> You don't necessarily have to be aware of the exact
>> consequence, though. If you expected your wrongful action to be an
>> assault, and it resulted in death, you would still be criminally
>> culpable for the death.
>
>
> An assault can not result in a death. Neither can a battery, as a
> battery that results in death would merge into one of the homicide
> offenses depending on the MENS REA. I think the relevant California case
> on this application of the merger doctrine is _People v. Wilson_.
Please read what I wrote more carefully. Assume I threatened to punch
you in the nose, and proceeded to do so. Further assume that you died as
a result of the blow. I would be criminally responsible for your death
and charged with some variation of homicide. The fact that I *expected*
to commit assault and battery, and *expected* the result to be a bloody
nose, doesn't excuse my culpability for the death. The result was
homicide, and that is what I would be charged with.
KWW
Fnews-brouse 1.9(20180406) -- by Mizuno, MWE <mwe@ccsf.jp>
GnuPG Key ID = ECC8A735
GnuPG Key fingerprint = 9BE6 B9E9 55A5 A499 CD51 946E 9BDC 7870 ECC8 A735