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In the case of People v Kibbe, 35 N.Y.2d 407, the defendants were Barry Kibbe and Roy Krall who were drinking with the victim George Stafford. They decided to rob the victim and agreed to drive him. Krall was driving, and Kibbe slapped and demanded money from Stafford. The defendant took the money and compelled the victim to lower his trousers. They pushed him from the car in the middle of a rural highway when the temperature was near zero, and the victim was shoeless, without his eyeglasses, and his trousers were down as well (Dubber and Hornle 292). A student driving a pickup truck saw the victim, but he did not have the time to react before the victim was struck and killed. The defendants appealed by providing that the element of causation was not present.
Did the victim die due to the actions of the defendants?
The court rejected the appeal of the defendants and held them liable for the death of the victim.
Before imposing criminal liability, the actions of the defendant must be sufficient to direct the cause of the death. In this case, the defendants left the helpless victim on the rural highway without his eyeglasses. The trouser of the victim was down, and he was shoeless. Because of these circumstances, the victim was not able to extricate and protect himself from elements (Chin 1023). The actions of the defendant were sufficient to direct the cause of the death of the victim, thus, they were held liable by the court.
Chin, Gabriel J. "The Problematic Prosecution of an Asian American Police Officer: Notes from a Participant in People v. Peter Liang." Ga. L. Rev. 51 (2016): 1023.
Dubber, Markus, and Tatjana Hornle. Criminal law: a comparative approach. Oxford University Press, 2014.
Notes from a Participant in People v. Peter Liang." Ga. L. Rev. 51 (2016): 1023.
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