Under Section 61 (mistake of person), mistaken identity is no defense to คำพิพากษาฎีกาที่ 1432/2515: จำเลยซุ่มรอดักฆ่าแต่ฆ่าผิดตัว ศาลฎีกาวินิจฉัยว่า ตามมาตรา 61 การพลาดไป

SUPREME COURT DECISION No. 1432/2515
Year: 1972 (B.E. 2515)
Relevant Code Sections: Criminal — Section(s) 61, 289

SUMMARY
The defendant lay in ambush to kill a specific person but killed the wrong person due to mistaken identity. The Supreme Court held that under Section 61 (mistake of person), mistaken identity is no defense to premeditated murder under Section 289(4). The defendant who premeditated a killing and carried out the act is guilty of premeditated murder regardless of whether the victim was the intended target.

FACTS OF THE CASE
The defendant lay in ambush to kill a specific person but killed the wrong person due to mistaken identity.

COURT'S HOLDING
The Supreme Court held that under Section 61 (mistake of person), mistaken identity is no defense to premeditated murder under Section 289(4).

LEGAL ANALYSIS
The Supreme Court held that under Section 61 (mistake of person), mistaken identity is no defense to premeditated murder under Section 289(4). The defendant who premeditated a killing and carried out the act is guilty of premeditated murder regardless of whether the victim was the intended target.

PRACTICAL IMPLICATIONS
Criminal intent is assessed from all surrounding circumstances including the weapon used and body parts targeted. Defendants should preserve all evidence showing lack of intent to kill.

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Note: This is an English-language summary of the Thai original judgment.
For the authoritative Thai text, please refer to the Thai version above
or visit deka.supremecourt.or.th.