AIBE question and official answer

AIBE III 2012 Question 33

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Question 33 of 100 AIBE III 2012 Set Common

Four men agree to rob a bank. Two of them are carrying large knives and one has a shotgun. The last one is carrying a bag for the money. They agree that they will try not to hurt anyone. They enter the bank wearing masks, threaten the staff, and demand cash. One of the bank employees tries to grab the shotgun, and the man holding it discharges the shotgun, causing the death of the employee. The men get the cash and leave the bank. Can any or all of the robbers be charged in relation to the death of the bank employee?

  1. A Yes, all of the robbers can be charged because the act of one man in discharging the gun was in pursuit of the common intention to hurt anyone if necessary while robbing the bank.
  2. B No, the robbers were of the common intention that they would try not to hurt anyone, and this was obviously an accident.
  3. C Yes, but only the three robbers carrying weapons may be charged as they clearly had the common intention to use the weapons, if necessary.
  4. D Yes, all of the robbers can be charged because the act of one man in discharging the gun, was in pursuit of the common intention of all of them to rob the bank. Official answer
  5. E Yes, but only the man who discharged the shotgun can be charged, as it is his fault alone, and the others were of the common intention that they would try not to hurt anyone.

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