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IS IT "MURDER" IF SOMEONE IS KILLED BY A CAR?.


Kabaati has just been arrested, and he is on his way to the police cell. What happened is that he bought a new car today from the bond, and he was driving out, he was rammed by another car. When the owner of the other car came out to escape on foot, Kabaati tried to block him and instead knocked him and the poor man died. Police arrived and arrested him. They have told him that he is going to be charged with murder. One of the people who was in the car with Kabaati wants to know if this is not a traffic offence. 

What does the law say ?.


It is not true that every time a death occurs, it is a case of murder. First, it is illegal to take another person's life without lawful justification. For example, if you take someone's life because you were defending yourself, it would mean you have a lawful justification called "Self Defense".

Usually, when a person is killed by a motor vehicle on the road, it is a traffic offence. This means that when a person causes the death of another by knocking the person because of recklessly driving a car. If a person is found guilty of this, then the person can be punished with imprisonment of up to ten years.

 

On the other hand, when we talk about murder, we mean that a person has taken the life of another person with malice aforethought. What this malice aforethought means is that you intended to kill or to cause serious harm to that person.

Now, in this case, Kabata saw the person who knocked his car running away. If his intention was to chase the driver down and block his path, then he would clearly not have the intention to kill or cause serious harm. This would then be a traffic offence.

 However, if Kabata's goal in chasing the driver was to knock him to or injure him to stop him from running away and this injury was intended to be serious, then by law, we can say that Kabata had malice because of his intention. If the driver dies as he did, then this is no longer a traffic offence because Kabata used his car as a weapon to either injure or kill the other person. This becomes a case of murder.

Source: BarefootLawyers.

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