Premeditated Murder by Procurement and Mistaken Identity
Legal Analysis: Criminal Liability for Premeditated Murder by Procurement and Mistaken Identity
In this case, Mr. Klom hired Mr. Biaw to kill Mr. Liam, who was Mr. Klom’s father. Such conduct constitutes procurement of murder with premeditation. Under Section 289(4) in conjunction with Section 84 of the Thai Criminal Code, a person who instigates or uses another to commit murder by premeditation is liable as a principal offender.
Mr. Biaw, acting pursuant to the plan, approached Mr. Liam. However, Mr. Liam, aware of the threat, intentionally misidentified another person-Mr. Ban-as himself. Relying on that misrepresentation, Mr. Biaw shot and killed Mr. Ban.
Although the victim was not the intended target, Mr. Biaw acted with premeditation and intent to kill. The mistake concerns the identity of the victim, not the nature of the act. Therefore, pursuant to Section 289(4) and Section 61 of the Thai Criminal Code, he remains criminally liable for premeditated murder under the doctrine of mistake as to identity.
Accordingly, Mr. Klom is guilty of procuring premeditated murder, and Mr. Biaw is guilty of premeditated murder notwithstanding the mistaken identity of the victim.