Question

Jim is the corporate treasurer of Safety Co. For the past year, Jim has been paying himself and his co-worker Laura twice on each pay period. When Mike, Safety Co.'s president, finds out what Jim has been doing he becomes enraged. Mike grabs the gun that he keeps in his desk and points it a Jim. Jim immediately runs out of the building and Mike follows him. Once outside, Mike fires a shot at Jim. The shot misses Jim, but hits and injures Dan, a passerby. Dan's friend Shawn, seeing what it is happening, tackles and subdues Mike injuring him pretty severely in the process.

Have any crimes been committed by Jim, Mike, or Laura?

Since intent is an element of most crimes, does it matter that Mike did not intend to hurt Dan?

If Shawn was charged with a crime for injuring Mike, what would be his defense?

Answer 1

• Have any crimes been committed by Jim, Mike, or Laura?

Yes, Jim, Mike and Laura has committed crimes as observed from the scenario. Jim has committed payroll fraud. Jim has committed theft and it is a crime that comes with penalties. Laura has supported the fraudulent act of Jim hence she has also committed crime. Mike intended to harm Jim, hence he is considered to commit crime.  

• Mike’s action is one of the types of criminal intent. Mike’s act is a criminal intent through recklessness. His loaded gun injured Dan through his reckless act. Hence, Mike is said to have committed a criminal act.

Shawn’s defense would be that his act was not intended to hurt Mike but to protect Dan from further injuries or even death. Hence, there is no criminal offence by Shawn.