Facts

W believed that his tenant P had stolen money from him, and a dispute arose. M joined in beating P with a wooden stick; P died after treatment failed. M fled and was arrested ten years later. The procuratorate charged M with intentional injury and prosecuted.

Issues

Whether M’s conduct should be characterised as intentional injury causing death or as intentional homicide; the causal link between the beating and the death, given the delay in treatment; M’s role relative to W; and the weight to be given to the lapse of time and to M’s flight.

Defence and Outcome

Li Xiaohua acted for M. The defence examined the medical evidence on causation, argued that M acted without intent to kill, and addressed the sentencing consequences of the long delay and of M’s family circumstances. The court convicted M of intentional injury and sentenced him in accordance with law.