IMPOSSIBLE CRIME (Criminal Law)

2009 Bar Exam Question and Suggested Answer on Impossible Crime of Murder (Criminal Law)

QUESTION:

No. IV. a. Charlie hated his classmate, Brad, because the latter was assiduously
courting Lily, Charlie’s girlfriend. Charlie went to a veterinarian and asked for some poison on the pretext that it would be used to kill a very sick, old dog. Actually, Charlie intended to use the poison on Brad.

The veterinarian mistakenly gave Charlie a non-toxic powder which, when mixed with Brad’s food, did not kill Brad. Did Charlie commit any crime? If so, what and why? If not, why not? (3%)

SUGGESTED ANSWER:

Charlie committed an impossible crime of murder. His act of mixing the non-
toxic powder with Brad‟s food, done with intent to kill, would have constituted murder which is a crime against persons, had it not been for the employment of a means which, unknown to him, is ineffectual (Art. 4, par. 2, RPC).



Source: 
"A Compilation of the Questions and Suggested Answers in the Philippine Bar Examinations 2007-2013 in Criminal Law", Compiled and Arranged by Rollan, Faith Chareen and Salise, Hector Christopher (University of San Jose-Recoletos School of Law), ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX (2007, 2009, 2010) & PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)