Section 168 — Crimes Act 1961: Further definition of murder

168 Further definition of murder (1) Culpable homicide is also murder in each of the following cases, whether the offender means or does not mean death to ensue, or knows or does not know that death is likely to ensue: (a) If he means to cause grievous bodily injury for the purpose of facilitating the commission of any of the offences mentioned in subsection (2) of this section, or facilitating the flight or avoiding the detection of the offender upon the commission or attempted commission thereof, or for the purpose of resisting lawful apprehension in respect of any offence whatsoever, and death ensues from such injury: (b) If he administers any stupefying or overpowering thing for any of the purposes aforesaid, and death ensues from the effects thereof: (c) If he by any means wilfully stops the breath of any person for any of the purposes aforesaid, and death ensues from such stopping of breath. (2) The offences referred to in subsection (1) of this section are those specified in the following provisions of this Act, namely: (a) Section 73 (treason) or section 78 (communicating secrets): (b) Section 79 (sabotage): (c) Section 92 (piracy): (d) Section 93 (piratical acts): (e) Section 119 to 122 (escape or rescue from prison or lawful custody or detention): (f) section 128 (sexual violation): (g) Section 167 (murder): (h) Section 208 (abduction): (i) Section 209 (kidnapping): (j) section 231 (burglary): (k) section 234 (robbery): (l) section 267 (arson) Compare: 1908 No 32 s 183 Subsection (2)(e) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the word “ prison ” for the words “ penal institution ” . See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52). Subsection (2)(f) was amended, as from 1 February 1986, pursuant to section 2 Crimes Amendment Act (No 3) 1985 (1985 No 160) by substituting the words “ sexual violation ” for the word “ rape ” . Subsection (2)(f) was substituted, as from 1 October 2003, by section 7(1) Crimes Amendment Act 2003 (2003 No 39). Subsection (2)(j) to (2)(l) was substituted, as from 1 October 2003, by section 7(2) Crimes Amendment Act 2003 (2003 No 39).