shall not sentence the person convicted to death but shall order him or her to
be detained in safe custody; and section 105 of the Trial on Indictments Act
shall apply as if the order had been made under that section.
(4) The fact that one party to a murder is by virtue of this section not
liable to be sentenced to death shall not affect the question whether any other
party to it shall be sentenced to death.
195. Suicide pacts.
(1) It shall be manslaughter and shall not be murder for a person
acting in pursuance of a suicide pact between him or her and another to kill
the other or be a party to the other killing himself or herself or being killed
by a third person.
(2) Where it is shown that a person charged with the murder of
another killed the other or was a party to the other’s killing himself or herself
or being killed, it shall be for the defence to prove that the person charged
was acting in pursuance of a suicide pact between him or her and the other.
(3) For the purposes of this section, “suicide pact” means a common
agreement between two or more persons having for its object the death of all
of them, whether or not each is to take his or her own life, but nothing done
by a person who enters into a suicide pact shall be treated as done by him or
her in pursuance of the pact unless it is done while he or she has the settled
intention of dying in pursuance of the pact.
196. Causing death defined.
A person is deemed to have caused the death of another person although his
or her act is not the immediate or sole cause of death in any of the following
cases—
(a) if he or she inflicts bodily injury on another person in
consequence of which that 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;
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