Act 9
Illustration—
Penal Code Act
2008
“A” a surgeon in good faith communicates to a patient his
opinion that the patient will not live. The patient dies in
consequence of the shock. “A” has committed no offence.
38. Act to Which a Person is Compelled by Threats.
Except murder, and offences against the Government which may
result in the sentence of death, no act is an offence which is
committed by a person who is compelled to do it by threats,
which at the time of committing such act, reasonably cause the
apprehension that instant death to that person will otherwise be
the consequence; provided that, the person committing the act
did not, of his or her own accord, or from a reasonable
apprehension of harm, put himself or herself, in the situation by
which he or she became subject to such constraint.
39. Act Causing Slight Injury.
No act is an offence by reason that it causes or that it is intended
to cause or that it is known to be likely to cause any injury, if that
injury is so slight that no person of ordinary sense and temper
would complain of such injury.
Right of Private Defence
40. The Right of Private Defence.
(1) No act is an offence which is done in the lawful exercise of
the right of private defence.
(2) Every person has a right, subject to the restrictions hereinafter
contained, to defend—
(a) his or her own body and the body of any other person
against any offence affecting the human body; and
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