Practice question
With proved intent to kill, an assailant begins a direct knife thrust toward the victim, but a bystander restrains the arm before the intended injury. What is relevant to the preparatory-versus-overt-act inquiry?
- The conduct must remain a mere thought forever
- The direct attack has crossed beyond mere preparation; the remaining stage elements must then be assessed
- Only the knife’s purchase price matters
- A bystander’s intervention makes the prior act disappear
- Intent alone automatically proves consummated homicide
Legal references
- Revised Penal Code Article6: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html
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