2008 Ed.
Penal Code
CAP. 224
138
Illustrations
(a) A shoots Z with the intention of killing him. Z dies in consequence. A
commits murder.
(b) A, knowing that Z is labouring under such a disease that a blow is likely to
cause his death, strikes him with the intention of causing bodily injury. Z
dies in consequence of the blow. A is guilty of murder, although the blow
might not have been sufficient in the ordinary course of nature to cause the
death of a person in a sound state of health. But if A, not knowing that Z is
labouring under any disease, gives him such a blow as would not in the
ordinary course of nature kill a person in a sound state of health, here A,
although he may intend to cause bodily injury, is not guilty of murder, if
he did not intend to cause death, or such bodily injury as in the ordinary
course of nature would cause death.
(c) A intentionally gives Z a knife-cut or club-wound sufficient to cause the
death of a man in the ordinary course of nature. Z dies in consequence.
Here A is guilty of murder, although he may not have intended to cause Z’s
death.
(d) A, without any excuse, fires a loaded cannon into a crowd of persons and
kills one of them. A is guilty of murder, although he may not have had a
premeditated design to kill any particular individual.
[51/2007]
When culpable homicide is not murder
Exception 1.—Culpable homicide is not murder if the offender whilst
deprived of the power of self-control by grave and sudden provocation, causes the
death of the person who gave the provocation, or causes the death of any other
person by mistake or accident.
The above exception is subject to the following provisos:
(a) that the provocation is not sought or voluntarily provoked by the offender
as an excuse for killing or doing harm to any person;
(b) that the provocation is not given by anything done in obedience to the law,
or by a public servant in the lawful exercise of the powers of such public
servant;
(c) that the provocation is not given by anything done in the lawful exercise
of the right of private defence.
Explanation —Whether the provocation was grave and sudden enough to
prevent the offence from amounting to murder is a question of fact.
Informal Consolidation – version in force from 1/4/2015
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