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 or she means to cause grievous bodily injury for the purpose of facilitating the commission of any of the offences mentioned in subsection (2), 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 or she administers any stupefying or overpowering thing for any of the purposes aforesaid, and death ensues from the effects thereof:

(c)

if he or she 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) are those specified in the following provisions of this Act, namely:

(a)

section 73 (Treason) or section 78 (Espionage):

(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

Section 168(2)(e): amended, on 1 June 2005, by section 206 of the Corrections Act 2004 (2004 No 50).

Section 168(2)(f): replaced, on 1 October 2003, by section 7(1) of the Crimes Amendment Act 2003 (2003 No 39).

Section 168(2)(j): replaced, on 1 October 2003, by section 7(2) of the Crimes Amendment Act 2003 (2003 No 39).

Section 168(2)(k): replaced, on 1 October 2003, by section 7(2) of the Crimes Amendment Act 2003 (2003 No 39).

Section 168(2)(l): replaced, on 1 October 2003, by section 7(2) of the Crimes Amendment Act 2003 (2003 No 39).