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Section 174: Malice aforethought in murder cases

174.Malice aforethought

Malice aforethought shall be deemed to be established by evidence providing either of the following circumstances—

(a)an intention to cause the death of any person, whether that person is the person actually killed or not; or

(b)knowledge that the act or omission causing death will probably cause the death of some person, whether that person is the person actually killed or not, although the knowledge is accompanied by indifference whether death is caused or not, or by a wish that it may not be caused.

Plain English Summary

In a murder trial, the prosecution must prove malice aforethought to secure a conviction. This mental state is established if the accused intended to ...

AI-generated, for reference only.

🔍Search Tips
  • • Search by keyword: "land", "tax", "arrest"
  • • Use exact phrases: "land commission"
  • • Enter citations: 45, 45(3)(a), 45:3:a
  • • Press / to search, Esc to close

Searching within Penal Code Act. Faster results.