Does extreme neglect equal an intent to kill?
A South African taxi driver was found guilty of muredering 10 children and attempted murder on 4 others after he ran a railroad crossing to collide with the train.
There is no doubt that it's extremely negligent and that an equal punishment suits the crime. However, is it in order to find him guilty of murder instead of manslaughter?
In a situation where neglect reults in death, people can avoid death. By not taking part in the situation or stepping out, one can avoid death. The situation is set up towards an external end and terminates whether death is the result or not. One can even say, death is best avoided. However, if murder is the plan, the victim cannot avoid death. The situation exists to kill the victim and the situation is only terminated when the victim is dead.
Is it right to then say that extreme neglect constitutes intent to kill?
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