18 Murder and manslaughter defined
(a) Murder shall be taken to have been committed where the act of the
accused, or thing by him or her omitted to be done, causing the death charged,
was done or omitted with reckless indifference to human life, or with intent
to kill or inflict grievous bodily harm upon some person, or done in an
attempt to commit, or during or immediately after the commission, by the
accused, or some accomplice with him or her, of a crime punishable by
imprisonment for life or for 25 years.
(b) Every other punishable homicide shall be taken to be
(a) No act or omission which was not malicious, or for which the
accused had lawful cause or excuse, shall be within this
(b) No punishment or forfeiture shall be incurred by any person who
kills another by misfortune only.