PART IIHomicide and suicide
8Abolition of “constructive malice” in killings in course or furtherance of other offences.
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.