[Rev. 2012]
Penal Code
CAP. 63
212. Procedure where woman convicted of capital offence alleges she is
pregnant
(1) Where a woman convicted of an offence punishable with death alleges that
she is pregnant, or where the court before whom she is so convicted thinks fit so
to order, the question whether or not the woman is pregnant shall, before sentence
is passed on her, be determined by the trial judge.
(2) The question whether the woman is pregnant or not shall be determined by
the judge on such evidence as may be laid before him on the part of the woman or
on the part of the Republic, and the judge shall find that the woman is not pregnant
unless it is proved affirmatively to his satisfaction that she is pregnant.
(3) Where in proceedings under this section the judge finds that the woman
in question is not pregnant, the woman may appeal to the Court of Appeal, and
that Court, if satisfied that for any reason the finding should be set aside, shall
quash the sentence passed on her and instead thereof pass on her a sentence of
imprisonment for life.
(4) If for any reason whatsoever the trial judge is unable to sit for the purpose of
determining the question whether or not the woman is pregnant, then some other
judge of the High Court shall sit and determine that question.
[Act No. 24 of 1967, Sch.]
213. Causing death defined
A person is deemed to have caused the death of another person although his
act is not the immediate or the sole cause of death in any of the following cases—
(a) if he inflicts bodily injury on another person in consequence of which
that other person undergoes surgical or medical treatment which
causes death. In this case it is immaterial whether the treatment was
proper or mistaken, if it was employed in good faith and with common
knowledge and skill; 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 in good faith or was so employed without
common knowledge or skill;
(b) if he inflicts bodily injury on another which 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 living;
(c) if by actual or threatened violence he causes such other person to
perform an act which causes the death of such person, such act being
a means of avoiding such violence which in the circumstances would
appear natural to the person whose death is so caused;
(d) if by any act or omission he hastened the death of a person suffering
under any disease or injury which apart from such act or omission
would have caused death;
(e) if his 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.
P6-71
[Issue 1]
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents