[Rev. 2012]
Penal Code
CAP. 63
(2) An unlawful omission is an omission amounting to culpable negligence to
discharge a duty tending to the preservation of life or health, whether such omission
is or is not accompanied by an intention to cause death or bodily harm.
203. Murder
Any person who of malice aforethought causes death of another person by an
unlawful act or omission is guilty of murder.
204. Punishment of murder
Any person convicted of murder shall be sentenced to death.
205. Punishment of manslaughter
Any person who commits the felony of manslaughter is liable to imprisonment
for life.
206. Malice aforethought
Malice aforethought shall be deemed to be established by evidence proving any
one or more of the following circumstances—
(a) an intention to cause the death of or to do grievous harm to any
person, whether that person is the person actually killed or not;
(b) knowledge that the act or omission causing death will probably cause
the death of or grievous harm to some person, whether that person
is the person actually killed or not, although such knowledge is
accompanied by indifference whether death or grievous bodily harm
is caused or not, or by a wish that it may not be caused;
(c) an intent to commit a felony;
(d) an intention by the act or omission to facilitate the flight or escape from
custody of any person who has committed or attempted to commit a
felony.
207. Killing on provocation
When a person who unlawfully kills another under circumstances which, but for
the provisions of this section, would constitute murder, does the act which causes
death in the heat of passion caused by sudden provocation as hereinafter defined,
and before there is time for his passion to cool, is guilty of manslaughter only.
208. Provocation defined
(1) The term “provocation” means and includes, except as hereinafter stated,
any wrongful act or insult of such a nature as to be likely, when done to an ordinary
person or in the presence of an ordinary person to another person who is under
his immediate care, or to whom he stands in a conjugal, parental, filial or fraternal
relation, or in the relation of master or servant, to deprive him of the power of selfcontrol and to induce him to commit an assault of the kind which the person charged
committed upon the person by whom the act or insult is done or offered.
P6-69
[Issue 1]
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