Act 9
Penal Code Act
2008
“A” and “B” both administer the poison according to
the agreement with intent to murder “Z”. “Z” dies
from the effect of the several doses of poison so
administered to him or her. Under these facts, “A”
and “B” intentionally cooperate in the commission of
murder and, as each of them does one or more of the
several acts by which death is caused, they are both
guilty of the offence, though their acts are separate
and though the acts of one without the acts of the other
would not have caused death.
(b) “A” and “B” are joint jailors and each has charge of
“Z”, a prisoner alternately for six hours at a time. “A”
and “B”, intending to cause “Z’s”’ death, knowingly
cooperate, by illegally omitting to furnish “Z” with food
supplied to them for that purpose during the time of their
respective attendance. “Z” dies of hunger. Both “A” and
“B” are guilty of the murder of “Z”.
(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. As a consequence, “Z” is
significantly weaker, but still alive. “A” is dismissed
from his or her office and “B” succeeds him or her.
“B” without collusion or cooperation with “A”
illegally omits to supply “Z” with food, knowing that
he or she will probably 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.
51. Persons Concerned in Criminal Act May be Guilty of Different
Offences.
Where more than one person is engaged or concerned in the
commission of an offence, each may be guilty of a different
offence depending on their individual actions.
44