Question

Given below are a legal principle and a factual situation. Apply the given legal principle to the factual situation and select the most appropriate answer to the question given below:

Legal Principle: Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to a person or property.

Facts: Mr. Sharman, the captain of a steam vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably runs down a boat B, with 20 to 30 passengers on board, unless he changes the course of his vessel, and that, by changing his course, he must incur the risk of running down a boat C with only two passengers on board and which he may possibly clear.

• A. Sharman has committed no offence because this was done out of necessity
• B. Sharman can be held responsible for tyhe act of criminal negligence.
• C. Sharman can be held responsible for culpable homicide.
• D. This is a clear case of accident so Sharman cannot be held responsible.

Answer 1

The correct option is D This is a clear case of accident so Sharman cannot be held responsible.

This is a clear case of accident he won't be held responsible.

He may run down the boat C by doing a action which he knew was probably going to cause that impact, on the off chance that it be found truly that the threat which he expected to stay away from was, to pardon him in acquiring the danger of running down C.

Hence, D is the correct option.