(1)
Homicide may be either culpable or not culpable.
(2)
Homicide is culpable when it consists in the killing of any person—
by an unlawful act; or
by an omission without lawful excuse to perform or observe any legal duty; or
by both combined; or
by causing that person by threats or fear of violence, or by deception, to do an act which causes his or her death; or
by wilfully frightening a child under the age of 16 years or a sick person.
(3)
Except as provided in section 178, culpable homicide is either murder or manslaughter.
(4)
Homicide that is not culpable is not an offence.
Compare: 1908 No 32 s 175