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PART IIN.I.Homicide and suicide

8Abolition of “constructive malice” in killings in course or furtherance of other offences.N.I.

Where a person kills another—

(a)in the course or furtherance of some other offence; or

(b)in the course or for the purpose of resisting an officer of justice, or of resisting or avoiding or preventing a lawful arrest, or of effecting or assisting an escape or rescue from legal custody;

the killing shall not be murder unless done with the same malice aforethought (express or implied) as is required for a killing to amount to murder in other cases.