50
Laws of Malaysia
Act 574
clear. Here, if A alters his course without any intention to run down the
boat C, and in good faith for the purposes of avoiding the danger to
the passengers in the boat B, he is not guilty of an offence, though he
may run down the boat C, by doing an act which he knew was likely
to cause that effect, if it be found as a matter of fact that the danger
which he intended to avoid was such as to excuse him in incurring the
risk of running down the boat C.
(b) A in a great fire pulls down houses in order to prevent the
conflagration from spreading. He does this with the intention, in good
faith, of saving human life or property. Here, if it be found that the harm
to be prevented was of such a nature and so imminent as to excuse A’s
act, A is not guilty of the offence.
Act of a child under 10 years of age
82. Nothing is an offence which is done by a child under ten
years of age.
Act of a child above 10 and under 12 years of age, who has
not attained sufficient maturity of understanding
83. Nothing is an offence which is done by a child above ten
years of age and under twelve, who has not attained sufficient
maturity of understanding to judge of the nature and consequence
of his conduct on that occasion.
Act of a person of unsound mind
84. Nothing is an offence which is done by a person who, at the
time of doing it, by reason of unsoundness of mind, is incapable
of knowing the nature of the act, or that he is doing what is
either wrong or contrary to law.
Intoxication when a defence
85. (1) Save as provided in this section and in section 86,
intoxication shall not constitute a defence to any criminal
charge.