(1) A person who unintentionally causes the death of S. 3A(1) another person by an act of violence done in the amended by Nos 49/1991 course or furtherance of a crime the necessary s. 119(1) elements of which include violence for which a (Sch. 2 item 2), person upon first conviction may, under or by 48/1997 virtue of any enactment, be sentenced to level 1 s. 60(1)(Sch. 1 item 2(a)(b)). imprisonment (life) or to imprisonment for a term of 10 years or more shall be liable to be convicted of murder as though he had killed that person intentionally. (2) The rule of law known as the felony-murder rule (whereby a person who unintentionally causes the death of another by an act of violence done in the course or furtherance of a felony of violence is liable to be convicted of murder as though he had killed that person intentionally) is hereby abrogated. S. 3B 3B Provocation no longer a partial defence to murder inserted by No. 77/2005 The rule of law that provocation reduces the crime s. 3. of murder to manslaughter is abolished. S. 4 4 Alternative verdict of defensive homicide on charge amended by for murder No. 9576 s. 11(1), (1) If on the trial of a person for murder the jury are repealed by No. 10079 not satisfied that he or she is guilty of murder but s. 8(b), are satisfied that he or she is guilty of an offence new s. 4 inserted by against section 9AD (defensive homicide), the No. 77/2005 jury may acquit the accused of murder and find s. 4. him or her guilty of defensive homicide and he or she is liable to punishment accordingly. (2) This section does not restrict the operation of section 6, 10(3) or 421. Note See section 9AC for "self-defence" exception to murder.
S. 3A(1) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 2), 48/1997 s. 60(1)(Sch. 1 item 2(a)(b)). (1) A person who unintentionally causes the death of another person by an act of violence done in the course or furtherance of a crime the necessary elements of which include violence for which a person upon first conviction may, under or by virtue of any enactment, be sentenced to level 1 imprisonment (life) or to imprisonment for a term of 10 years or more shall be liable to be convicted of murder as though he had killed that person intentionally. (2) The rule of law known as the felony-murder rule (whereby a person who unintentionally causes the death of another by an act of violence done in the course or furtherance of a felony of violence is liable to be convicted of murder as though he had killed that person intentionally) is hereby abrogated. S. 3B inserted by No. 77/2005 s. 3. 3B Provocation no longer a partial defence to murder The rule of law that provocation reduces the crime of murder to manslaughter is abolished. S. 4 amended by No. 9576 s. 11(1), repealed by No. 10079 s. 8(b), new s. 4 inserted by No. 77/2005 s. 4. 4 Alternative verdict of defensive homicide on charge for murder (1) If on the trial of a person for murder the jury are not satisfied that he or she is guilty of murder but are satisfied that he or she is guilty of an offence against section 9AD (defensive homicide), the jury may acquit the accused of murder and find him or her guilty of defensive homicide and he or she is liable to punishment accordingly. (2) This section does not restrict the operation of section 6, 10(3) or 421. Note See section 9AC for "self-defence" exception to murder.
58-6231a226.docx