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Question 5

2025 Bar · Criminal Law · 1 sub-question

5. Around 9:30 p.m., brothers X and Y were having a drinking spree in a videoke bar. Since X and Y were rowdy, Police Officer II (PO2) A approached, introduced himself as a police officer, and asked them to refrain from shouting. X then boxed PO2 A, causing him to fall on the ground. Before PO2 A could even stand up, X and Y positioned themselves to attack PO2 A, prompting PO2 A to shoot both of them with his service firearm. As a result, X and Y got seriously injured but were able to survive due to timely medical intervention. X and Y later on initiated a case for frustrated homicide against PO2 A, who, in turn, invoked self-defense. The prosecution asserted that the means employed by PO2 A in defending himself was 2 unreasonable since X and Y were unarmed when PO2 A shot them. Is the prosecution correct? Reason(s).

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