Criminal Code Act 1899

Except as hereinafter set forth, a person who unlawfully kills another under any of the following circumstances, that is to say—

if the offender intends to cause the death of the person killed or that of some other person or if the offender intends to do to the person killed or to some other person some grievous bodily harm;

if death is caused by an act done, or omission made, with reckless indifference to human life;

if death is caused by means of an act done in the prosecution of an unlawful purpose, which act is of such a nature as to be likely to endanger human life;

if the offender intends to do grievous bodily harm to some person for the purpose of facilitating the commission of a crime which is such that the offender may be arrested without warrant, or for the purpose of facilitating the flight of an offender who has committed or attempted to commit any such crime;

if death is caused by administering any stupefying or overpowering thing for either of the purposes mentioned in paragraph (c);

if death is caused by wilfully stopping the breath of any person for either of such purposes;

is guilty of murder.

Under subsection (1)(a) it is immaterial that the offender did not intend to hurt the particular person who is killed.

Under subsection (1)(b) it is immaterial that the offender did not intend to hurt any person.

Under subsection (1)(c) to (e) it is immaterial that the offender did not intend to cause death or did not know that death was likely to result.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer. sch 1 pt 5 ch 28 s 302 amd 1971 No. 41 s 6; 2016 No. 62 s 101; 2019 No. 15 s 3