Monday, 2 February 2015

What are The Differences Between Murder and Culpable Homicide?

Singapore Criminal Lawyer

Sections 299 and 300 of the Penal Code govern the offences of culpable homicide and murder respectively.

Under section 300, you are deemed as having committed murder, if you:
  • Cause the death with the intention of causing the death.
  • Cause the death with the intention of causing bodily injury that you know is likely to kill the person
  • Cause the death with the intention of causing bodily injury, and that bodily injury is objectively determined to be sufficient in the ordinary course of nature to cause death.
  • Cause the death knowing that what you are doing is so imminently dangerous that it must in all probability cause death.

If any of the special defences apply:
  • When there was provocation
  • When offender had the right of private defence, but exceeded it
  • When offender was exceeding the power of a public servant in good faith
  • When the act was committed as a result of a sudden fight
  • When the victim is above 18 and had consented to being killed
  • When it is a case of a mother killing a child of less than 12 months old
  • When there is a case for diminished responsibility (because of the accused’s mental faculties were substantially impaired)
You would then not be deemed as guilty of murder but would be guilty of culpable homicide not amounting to murder instead.

Should you have any questions or require legal representation, kindly contact Gloria James-Civetta & Co on 6337-0469 for a free consultation, or email to consult@gjclaw.com.sg
www.singaporecriminallawyer.com

 

Blogger news

Blogroll

About