Criminal Law, 2011 Bar — Question 39

MULTIPLE CHOICE

X, without intent to kill, aimed his gun at Z and fired it, hitting the latter who died as a consequence. Under the circumstances? (A) X cannot plead praeter intentionem since the intent to kill is presumed from the killing of the victim. (B) X may plead praeter intentionem since he intended only to scare, not kill Z. (C) X may plead aberratio ictus as he had no intention to hit Z. (D) X may plead commission of only Discharge of Firearm as he had no intent to kill Z when he fired his gun.

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