Criminal Law, 2018 Bar — Question II-a

ESSAY

Rico, a hit man, positioned himself at the rooftop of a nearby building of a bank, to serve as a lookout for Red and Rod while the two were robbing the bank, as the three of them had previously planned. Ramiro, a policeman, responded to the reported robbery. Rico saw Ramiro and, to eliminate the danger of Red and Rod being caught, pulled the trigger of his rifle, intending to kill Ramiro. He missed as Ramiro slipped and fell down to the ground. Instead, a woman depositor who was coming out of the bank was fatally shot. After their apprehension, Rico, Red, and Rod were charged with the special complex crime of robbery with homicide. Rico's defense was that he never intended to shoot and kill the woman, only Ramiro. Red and Rod's defense was that they were not responsible for the death of the woman as they had no participation therein. (a) Is Rico's defense meritorious? (2.5%)

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