42
Laws of Malaysia
Act 574
ILLUSTRATION
A intentionally causes Z’s death, partly by illegally omitting to give
Z food, and partly by beating Z. A has committed murder.
Cooperation by doing one of several acts constituting an offence
37. When an offence is committed by means of several acts,
whoever intentionally cooperates in the commission of that offence
by doing any one of those acts, either singly or jointly with any
other person, commits that offence.
ILLUSTRATIONS
(a) A and B agree to murder Z, by severally, and at different times,
giving him small doses of poison. A and B administer the poison,
according to the agreement with intent to murder Z. Z dies from the
effects of the several doses of poison so administered to him. Here A
and B intentionally cooperate in the commission of murder, and as each
of them does an act by which the death is caused, they are both guilty
of the offence, though their acts are separate.
(b) A and B are joint jailors, and as such have the charge of Z, a prisoner,
alternately for six hours at a time. A and B, intending to cause Z’s death,
knowingly cooperate in causing that effect by illegally omitting, each during
the time of his attendance, to furnish Z with food supplied to them for that
purpose. Z dies of hunger. Both A and B are guilty of the murder of Z.
(c) A, a jailor, has the charge of Z, a prisoner. A, intending to cause
Z’s death, illegally omits to supply Z with food; in consequence of
which Z is much reduced in strength, but the starvation is not sufficient
to cause his death. A is dismissed from his office, and B succeeds him.
B, without collusion or cooperation with A, illegally omits to supply Z
with food, knowing that he is likely thereby to cause Z’s death. Z dies
of hunger. B is guilty of murder; but as A did not cooperate with B, A
is guilty only of an attempt to commit murder.
Several persons engaged in the commission of a criminal act,
may be guilty of different offences
38. Where several persons are engaged or concerned in the
commission of a criminal act, they may be guilty of different
offences by means of that act.