Section 316: Definition of murder
Except as hereinafter set forth, a person who unlawfully kills another under any of the
following circumstances, that is to say‐
(1) if the offender intends to cause the death of the person killed, or that of some other
person;
(2) if the offender intends to do to the person killed or to some other person some
grievous
harm;
(3) 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;
(4) if the offender intends to do grievous harm to some person for the purpose of
facilitating the commission of an offence 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 offence;
(5) if death is caused by administering any stupefying or overpowering things for
either of the purposes last aforesaid;
(6) if death is caused by wilfully stopping the breath of any person for either of such
purposes, is guilty of murder.
In the second case it is immaterial that the offender did not intend to hurt the
particular person who is killed.
In the third case it is immaterial that the offender did not intend to hurt any person.
In the three last cases it is immaterial that the offender did not intend to cause death
or did not know that death was likely to result.
Cite this section
Section 316, CRIMINAL CODE ACT (2004).
https://repo.podus.ai/laws/criminal-code-act/section/316/