28th September, 1936 Unlawful omission. 217. A n unlawful omission is an omission amounting to culpable negligence to discharge a duty, whether such omission is or is not accompanied by an intention to cause death or bodily harm. Causing death by want of precaution or by carelessness. 218. A n y person who by want of precaution or by any rash or careless act, not amounting to culpable negligence, unintentionally causes the death of another person, is guilty of a misdemeanour and is liable to imprisonment for two years or to a fine of one hundred pounds. Causing death defined. 219. A person is deemed to have caused the death of another person although his act or omission is not the immediate or not the sole cause of death, in any of the following cases :— ( a ) if he inflicts bodily injury on another which causes surgical or medical treatment which causes death. I n this case it is immaterial whether the treatment was proper or mistaken, if it was employed i n good faith and w i t h common knowledge and s k i l l ; but the person inflicting the injury is not deemed to have caused the death if the treatment which was its immediate cause was not employed i n good faith or was so employed without common knowledge or skill; (6) if he inflicts a bodily injury on another w h i c h would not have caused death if the injured person had submitted to proper surgical or medical treatment or had observed proper precautions as to his mode of l i v i n g ; ( c ) if by actual violence or threat of violence he causes a person to do some act which caused his own death, such act being a mode of avoiding such violence or threats which under the circumstances would appear natural to the person injured ; (d) if by his act or omission he hastened the death of a person suffering under any disease or injury w h i c h apart from such act or omission would have caused death. ( e ) if the act or omission would not have caused death unless it had been accompanied by an act or omission of the person killed or of other persons. W h e n child deemed to be a person. L i m i t a t i o n as to time of death. 220. A child becomes a person capable of being killed when it has completely proceeded i n a living state from the body of its mother, whether it has breathed or not, and whether it has an independent circulation or not, and whether the umbilical cord is severed or not. 221. A person is not deemed to have killed another if the death of that other person does not take place w i t h i n a year and a day of the cause of death. Such period is reckoned inclusive of the day on which the last unlawful act contributing to the cause of death was done. W h e n the cause of death is an omission to observe or perform a duty, the period is reckoned inclusive of the day on which the omission ceased. W h e n the cause of death is i n part an unlawful act, and i n part an omission to observe or perform a duty, the period is reckoned inclusive of the day on which the last unlawful act was done or the day on which the omission ceased, whichever is the later.