The Difference Between Culpable Homicide and Murder in Singapore

The Difference Between Culpable Homicide and Murder in Singapore

What’s the Difference between Culpable Homicide and Murder in Singapore?

A person who caused the death of someone is not automatically charged with murder. Depending on the circumstances of the case, such person may be found guilty of any of the following offences:

1)  Murder

According to the Penal Code, you are liable for murder if you do any of the following acts:

You caused the death of someone with the intention of doing so. It is not enough that the person died as a result of your action. For example, there’s a huge difference between intentionally dropping a huge rock on someone’s head and accidentally dropping it. The prosecution must prove that you have the intention of killing that person.

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You caused injury to someone with the intention of killing that person. Deliberately causing blunt trauma by using hard objects is likely to kill someone because of a brain haemorrhage.

You made sure that the degree of such injury is sufficient to kill the person. The suspect ensures that the trauma is fatal enough that there is no possibility that the person will be able to survive.

You knowingly do something dangerous that would surely cause the death of someone. Examples are pushing someone towards a high-speed running car or pushing someone off a rocky cliff.

In a nutshell, if you do something which caused the death of someone, because you intentionally did so, and you know that your actions will eventually kill the person, you have just committed murder.

What happens if you intended to kill a person, but killed someone else instead?

The crime committed is still murder. So, if you intended to shoot someone, but missed and killed a bystander instead, you can still be charged with murder. The same rule applies when you intend to kill a person, but kill someone instead of thinking that it is the same person. For example, if A wanted to kill B but killed C, but B’s twin thinking that it was B, the crime of murder was still committed.

What if the person killed a person because he was trying to defend himself?

While every person has the right to protect himself from harm, the law still makes a person liable for culpable homicide. It is an offence with a severe penalty, but at least lower than murder, which has the penalty of death.

2)  Culpable Homicide

If any of the following circumstances are present, the offender may not be guilty of murder but may be prosecuted for culpable homicide not amounting to murder.

The victim suddenly and gravely provokes the suspects to the point that they were able to keep their self-control.

If the victim originally intended to act out of self-defence but in the end killed the person because the means used for defending himself is not necessary to ward off the offense.

If you are acting in your capacity in good faith as a public servant, but you exceeded the power given to you by the government, and as a result killed the victim.

When the fight began suddenly; you didn’t plan for it, nor acted cruelly or took advantage of the fight. But, in the end, you killed someone.

The victim who is no longer a minor, consented to the act, knowing that his or her life is in danger.

Infanticide or killing of a child who is less than 1 year old and the killer is the mother herself.

The offender is not in his or her right mind or has diminished or impaired mental capacity.

Disclaimer: The article can not be considered as legal advice or opinion on the topic which has been discussed and one should not rely on it. In no way, it should be taken as the statement of law and practice in this area. If you need any legal advice you should consult a lawyer in your jurisdiction. None of the members, partners or consultant who is a part of Bishop Law assumes or holds any responsibility or liability,  to any person in respect of the content shared above.