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State v. Ganal5/8/1996
m's death and the other victim's nonfatal injury were the result of the defendant's single volitional act of firing one bullet at both victims).
All penal statutes must be accorded a limited and reasonable interpretation in order to preserve their overall purpose and to avoid absurd results. Cf. State v. Gaylord, 78 Haw. 127, 138, 890 P.2d 1167, 1178 (1995); State v. Taylor, 49 Haw. 624, 635, 425 P.2d 1014, 1021 (1967). The majority's interpretation of merger today fails to preserve the overall purpose of Hawai'i's first degree murder statute and produces a patently absurd result in which Ganal escapes accountability for the attempted first degree murder of Mabel Ganal, Michael Touchette and Wendy Touchette, when, in fact, these people were clearly the victims of Ganal's attempted first degree murder.
Substantial evidence in the record supports the jury's Conclusion that Ganal intentionally attempted to kill Mabel Ganal, Michael Touchette and Wendy Touchette. According to the language and legislative history of HRS ยง 707-701(1)(a), Ganal should be held accountable for attempted first degree murder. Contrary to the majority, I would affirm Ganal's conviction for attempted first degree murder in Count II.
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