Aberratio Ictus Error in

Personae
Praeter
Intentionem
Mistake of
fact
Proximate
Cause
Mistake in the
victim of the
blow
Generally
Increases
Criminal liability
Mistake in
the Identity
May or may
not lower
criminal
liability
depending
upon
whether
actual
crime
committed
and the
intended
crime are
of equal or
diferent
gravity
So grave a
wrong
caused than
that intended
Lowers
criminal
liability
under rt! "#
$egative
criminal liability
akin to %ustifying
circumstances
under rt! ""!
&he cause of
the cause is
the cause of
the evil cause
Gives rise to
criminal
liability by
analogy to
rt! '(
paragraph "!
&he ofender
intended the
in%ury on one
person but the
harm fell on
another!
&he
ofender
committed
a mistake
in
ascertainin
g the
identity of
the victim

Mistake of
facts refers to
the situation
itself not to
the identity of
the person
involved!

&here are three

persons present)
the ofender( the
intended victim
and the actual
victim!
&here are
only two
persons
present(
the
ofender
and the
actual but
unintended
victim!

&he act may
result in
comple* crime

+rt! ',- or in
two or more
separate
felonies( but
there is only one
intent that
characteri.ed
the crimes
May result to a
greater penalty
to the ofender!