Criminal Law Code as at 1st March 2007
(3) Nothing in this section shall prevent a person being convicted of culpable homicide or
any other crime arising out of the disposal or attempted disposal of another person’s body.
56
Error as to identity
The fact that a person charged with murder, infanticide or culpable homicide mistakenly
believed that the person whose death he or she caused was someone else, shall not constitute a
defence to the charge.
57
Deflected blow in homicide cases
If any person⎯
(a) does or omits to do anything in relation to another person which, if it caused that other
person’s death, would constitute murder, infanticide or culpable homicide; and
(b) by the conduct referred to in paragraph (a), causes the death of someone other than his
or her intended victim;
he or she shall be guilty of the following crimes⎯
(i) in respect of the intended victim⎯
A. murder, infanticide or culpable homicide, as the case may be, if the
intended victim dies; or
B. attempted murder, attempted infanticide or assault, as may be
appropriate, if the intended victim does not die;
and
(ii) in respect of the person whose death he or she has actually caused⎯
A. murder or infanticide, as the case may be, if he or she realised that his or
her conduct involved a real risk or possibility of causing the death of
someone other than his intended victim; or
B. culpable homicide, if the requisites of that crime are satisfied.
58
Joining in after fatal injury inflicted
If⎯
(a) a person does or omits to do anything in relation to another person which, if it caused
that other person's death, would constitute murder, infanticide or culpable homicide;
and
(b) before he or she does or omits to do the thing referred to in paragraph (a), and
independently of that act or omission, his or her victim has received injuries, whether
in a fatal attack or otherwise, which subsequently cause the victim’s death;
he or she shall be guilty of⎯
(i) murder, infanticide or culpable homicide, as the case may be, if his or her
conduct accelerated the death of his or her victim; or
(ii) attempted murder, attempted infanticide or assault, as may be appropriate, if his
or her conduct did not accelerate the death of his or her victim.
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