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In forceUpdated to 4 Jul 2023
Contents

Chapter II · General Explanations

37. Cooperation by doing one of several acts constituting an offence

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When an offence is committed by means of several acts, whoever intentionally cooperates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence.

(a)

A and B agree to murder Z, by severally, and at different times, giving him small doses of poison. A and B administer the poison, according to the agreement with intent to murder Z. Z dies from the effects of the several doses of poison so administered to him. Here A and B intentionally cooperate in the commission of murder, and as each of them does an act by which the death is caused, they are both guilty of the offence, though their acts are separate.

(b)

A and B are joint jailors, and as such have the charge of Z, a prisoner, alternately for six hours at a time. A and B, intending to cause Z’s death, knowingly cooperate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder of Z.

Penal Code 43

(c)

A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z’s death, illegally omits to supply Z with food; in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds him. B, without collusion or cooperation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z’s death. Z dies of hunger. B is guilty of murder; but as A did not cooperate with B, A is guilty only of an attempt to commit murder.

Report

Chapter III

Punishments

Chapter IV

General Exceptions

Chapter V

Abetment

Chapter VI

Chapter VII

Offences Relating to the Armed Forces

Chapter VIII

Offences Against the Public Tranquility

Chapter IX

Offences by, or Relating to, Public Servants

Chapter X

Contempts of the Lawful Authority of Public Servants

Chapter XI

False Evidence and Offences Against Public Justice

Chapter XII

Offences Relating to Coin and Government Stamps

Chapter XIII

Offences Relating to Weights and Measures

Chapter XIV

Offences Affecting the Public Health, Safety, Convenience, Decency and Morals

Chapter XV

Offences Relating to Religion

Chapter XVI

Chapter XVII

Chapter XVIII

Offences Relating to Documents and to Currency Notes and Bank Notes

Chapter XIX

Criminal Breach of Contracts of Service

Chapter XX

Offences Relating to Marriage

Chapter XXI

Defamation

Chapter XXII

Criminal Intimidation, Insult and Annoyance

Chapter XXIII

Attempts to Commit Offences