Criminal Attempt, Joint Homicide, and Instigation of Related Acts
Mr. Lek, surnamed “Khai,” was unwell. Mr. Yai then appointed Mr. To and Mr. Baim, who were assistants to Mr. Lek, to represent him. Mr. To drove a motorcycle for Mr. Baim to ride to Mr. Lek’s house. Mr. Baim entered the house and shot Mr. Lek. One shot struck Mr. Lek, and the same shot subsequently struck Pol. Maj. Joi, who was on duty at the police station, causing grievous injuries. Near Mr. Lek’s house, Mr. Lek’s neighbor died. Therefore, Mr. Baim, Mr. To, and Mr. Yai – what is their culpability?
Answer: Mr. Baim and Mr. To are culpable for attempted murder, under Section 289 (4), 80. They are also culpable for jointly killing Pol. Maj. Joi, which constitutes multiple offenses. However, they are not culpable for negligence, under Section 289 (4), 60, regarding the killing of a public official performing their duties under Section 289 (2). Mr. Yai is considered an instigator, similar to Mr. Baim and Mr. To. Mr. Jiu utilized Mr. Yai to represent Mr. Lek, who in turn utilized Mr. To and Mr. Baim to commit the offenses. This constitutes a single instigation.