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Question
Principle: Death caused by a rash or negligent act of a person is an offence.
Facts: X was driving his SUV car on a lonely road leading to a forest at 160 km per hour. Suddenly, someone appears from the forest on the road and in the resultant accident, the car hits the commuter causing his death.
Options
X is not guilty of an offence as the accident has occurred on a lonely road
X is not guilty because there was no intention to kill the deceased
X is guilty of an offence death by rash or negligent act
X is not guilty because he was also injured in the accident
Solution
X is guilty of an offense death by rash or negligent act
Explanation:
X is guilty of an offence of death by rash or negligent act. The principle states that the death caused by rash or negligent act of a person is an offence. Driving at a high speed is a rash and negligent act because even if the road is lonely there is a possibility of someone suddenly crossing the road.
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