Today’s Enlightenment (Sunday, 14 August 2022) – THE ELEMENT OF INTENTIONALLY DEPRIVING A PERSON OF THEIR LIFE IS FULFILLED WHEN THE PERPETRATOR ATTACKS THE VICTIM WITH TOOLS, SUCH AS SHARP WEAPONS AND FIREARMS, IN PARTS OF THE BODY THAT HAVE VITAL ORGANS, SUCH AS THE CHEST, STOMACH, AND HEAD.
That by shooting the victim witness in the dangerous part of the chest, namely the left and right lungs, the Defendant’s action can be qualified as an intention to deprive another person of life (Hoge Raad Decision dated July 23, 1937). Thus, the element has been fulfilled.
→ Supreme Court Decision No. 908 K/Pid/2006; Defendant: Otniel Layaba alias Otis.
Kind Regards,
Fredrik J. Pinakunary