Penal Code (Chp 224)
299. Culpable homicide.
Whoever causes death by doing an act with the intention of causing
death, or with the intention of causing such bodily injury as is
likely to cause death, or with the knowledge that he is likely by
such act to cause death, commits the offence of culpable
homicide.
Illustrations
(a) A lays sticks and turf over a pit, with the intention of
thereby causing death, or with the knowledge that death is likely
to be thereby caused. Z, believing the ground to be firm, treads on
it, falls in and is killed. A has committed the offence of culpable
homicide.
(b) A knows Z to be behind a bush. B does not know it. A, intending
to cause, or knowing it to be likely to cause Zs death, induces B
to fire at the bush. B fires and kills Z. Here B may be guilty of
no offence; but A has committed the offence of culpable
homicide.
(c) A, by shooting at a fowl with intent to kill and steal it kills
B, who is behind a bush, A not knowing that he was there. Here,
although A was doing an unlawful act, he was not guilty of culpable
homicide, as he did not intend to kill B, or to cause death by
doing an act that he knew was likely to cause death.
Explanation 1.
A person who causes bodily injury to another who is labouring under
a disorder, disease or bodily infirmity, and thereby accelerates
the death of that other, shall be deemed to have caused his
death.
Explanation 2.
Where death is caused by bodily injury, the person who causes such
bodily injury shall be deemed to have caused the death, although by
resorting to proper remedies and skilful treatment the death might
have been prevented.
Explanation 3.
The causing of the death of a child in the mothers womb is not
homicide. But it may amount to culpable homicide to cause the death
of a living child, if any part of that child has been brought
forth, though the child may not have breathed or been completely
born.
300. Murder.
Except in the cases hereinafter excepted culpable homicide is
murder
(a) if the act by which the death is caused is done with the
intention of causing death;
(b) if it is done with the intention of causing such bodily injury
as the offender knows to be likely to cause the death of the person
to whom the harm is caused;
(c) if it is done with the intention of causing bodily injury to
any person, and the bodily injury intended to be inflicted is
sufficient in the ordinary course of nature to cause death;
or
(d) if the person committing the act knows that it is so imminently
dangerous that it must in all probability cause death, or such
bodily injury as is likely to cause death, and commits such act
without any excuse for incurring the risk of causing death, or such
injury as aforesaid.
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 sword-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 Zs 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.
Exception 1 When culpable homicide is not murder.
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.
Illustrations
(a) A, under the influence of passion excited by a provocation
given by Z, intentionally kills Y, Zs child. This is murder,
inasmuch as the provocation was not given by the child, and the
death of the child was not caused by accident or misfortune in
doing an act caused by the provocation.
(b) Y gives grave and sudden provocation to A. A, on this
provocation, fires a pistol at Y, neither intending nor knowing
himself to be likely to kill Z, who is near him, but out of sight.
A kills Z. Here A has not committed murder but merely culpable
homicide.
(c) A is lawfully arrested by Z, a bailiff. A is excited to sudden
and violent passion by the arrest, and kills Z. This is murder,
inasmuch as the provocation was given by a thing done by a public
servant in the exercise of his powers.
(d) A appears as a witness before Z, a Magistrate. Z says that he
does not believe a word of As deposition, and that A has perjured
himself. A is moved to sudden passion by these words, and kills Z.
This is murder.
(e) A attempts to pull Zs nose. Z, in the exercise of the right of
private defence, lays hold of A to prevent him from doing so. A is
moved to sudden and violent passion in consequence, and kills Z.
This is murder, inasmuch as the provocation was given by a thing
done in the exercise of the right of private defence.
(f) Z strikes B. B is by this provocation excited to violent rage.
A, a bystander, intending to take advantage of Bs rage, and to
cause him to kill Z, puts a knife into Bs hand for that purpose. B
kills Z with the knife, Here B may have committed only culpable
homicide, but A is guilty of murder.
Exception 2.
Culpable homicide is not murder if the offender, in the exercise in
good faith of the right of private defence of person or property,
exceeds the power given to him by law, and causes the death of the
person against whom he is exercising such right of defence, without
premeditation and without any intention of doing more harm than is
necessary for the purpose of such defence.
Illustration
Z attempts to horse-whip A, not in such a manner as to cause
grievous hurt to A. A draws out a pistol. Z persists in the
assault. A, believing in good faith that he can by no other means
prevent himself from being horse-whipped, shoots Z dead. A has not
committed murder, but only culpable homicide.
Exception 3.
Culpable homicide is not murder if the offender, being a public
servant, or aiding a public servant acting for the advancement of
public justice, exceeds the powers given to him by law, and causes
death by doing an act which he, in good faith, believes to be
lawful and necessary for the due discharge of his duty as such
public servant, and without ill-will towards the person whose death
is caused.
Exception 4.
Culpable homicide is not murder if it is committed without
premeditation in a sudden fight in the heat of passion upon a
sudden quarrel, and without the offender having taken undue
advantage or acted in a cruel or unusual manner.
Explanation.
It is immaterial in such cases which party offers the provocation
or commits the first assault.
Exception 5.
Culpable homicide is not murder when the person whose death is
caused, being above the age of 18 years, suffers death or takes the
risk of death with his own consent.
Illustration
A, by instigation, voluntarily causes Z, a person under 18 years of
age, to commit suicide. Here, on account of Zs youth, he was
incapable of giving consent to his own death. A has therefore
abetted murder.
Exception 6.
Culpable homicide is not murder if the offender being a woman
voluntarily causes the death of her child being a child under the
age of 12 months, and at the time of the offence the balance of her
mind was disturbed by reason of her not having fully recovered from
the effect of giving birth to the child or by reason of the effect
of lactation consequent upon the birth of the child.
Exception 7.
Culpable homicide is not murder if the offender was suffering from
such abnormality of mind (whether arising from a condition of
arrested or retarded development of mind or any inherent causes or
induced by disease or injury) as substantially impaired his mental
responsibility for his acts and omissions in causing the death or
being a party to causing the death.
source:
http://statutes.agc.gov.sg/
