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Section 80, Penal Code
• Nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge, in the doing of a lawful act in a lawful manner, by lawful means, and with proper care and caution.

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Elements/General Principles of Law of Accident

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Elements/General Principles of Law of Accident

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ELEMENTS:
1. The act was done without criminal intent or knowledge;
2. The act must be lawful and must have been done in a lawful manner and by lawful means; and
3. The act must have been done with proper care and caution

1. The act was done without criminal intent or knowledge
• The accused must prove that the act was not performed with a criminal intention or knowledge
• Criminal intention - the purpose or design of doing an act forbidden by the criminal law without just cause or excuse

2. The act must be lawful and must have been done in a lawful manner and by lawful means
" The restriction of the defence requires act which is mala in se and not mala prohibita.
• Cases:
• King Emperor v Timmappa
• Rv Tunda
• Kong Poh Ing v PP

3. The act must have been done with proper care and caution
• Negligent act cannot be treated as accidental
• It is sufficient if it can be shown that reasonable precaution which is usual and ordinary had been taken
• Cases
• Rv Archer

General principles of law

Based on the severity of an injury, accidents are major, minor or near miss type. The combination of injury and property damage gives four types of the accident as follows:

1.Injury and property damage (major).
2.Injury and not property damage (major or minor).
3.Property damage and not injury (minor or major).
4.No property damage and no injury (near miss). Based on causation, they are of five types:

•Psychological causes – such as inexperience not motivated for safety, worry, emotional, wrong attitudes etc.
•Physiological causes – such as age, sex, body – build, poor hearing, vision, strength etc.
•Physical causes such as heavy workload, long working hours, no rest, unhealthy works environment, work at height, depth or in confined space, falling load etc.
•Mechanical, Electrical, Chemical, and Radiation causes – such as unguarded machinery, defective equipment, noise, vibration, obtruded pathway, sharp edge, electric shock, static electricity, chemical, poison, toxic gas, acid, fire, explosion, radiation etc.
•Environmental causes – weather effects, heat, cold, humidity, air, wind, rain, tide, lightening etc.
•Causes of type No. 1 and 2 give rise to unsafe action while No.3 to 5 gives rise to unsafe conditions.

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On June 25, 2009, only weeks after hiring Murray, Michael Jackson died due to a lethal dose of propofol administered by Murray. Court documents released in August 2009 revealed that the coroner's preliminary conclusion indicated that Jackson overdosed on propofol. However, the coroner's office declined to comment on reports claiming that the death was ruled a homicide. Several offices of doctors who were believed to have treated Jackson were searched. Based on the autopsy and toxicology findings, the cause of Jackson's death was determined to be acute propofol intoxication with a contributory benzodiazepine effect and the manner of death to be a homicide, eventually, so that the focus of the investigation shifted toward Murray. He admitted administering 25 mg (0.39 gr) of propofol intravenously, for insomnia, on the night of Jackson's death. He claimed that he tried treating him with other drugs and that he only administered the propofol after Jackson insisted, according to a police affidavit. Murray said he worried that Jackson had become dependent on the drug as a sleep aid, and was trying to wean him from it.Propofol is usually given in a hospital or a clinical setting with close monitoring, mostly used for general anesthesia during surgery. It is not indicated or approved as a sleep aid (though any FDA-approved drug can be used off-label) and is only supposed to be administered by anesthesiologists, nurse anesthetists, anesthesia assistants or intensive medicine practitioners who have extensive training in the use and monitoring of anesthetics. Murray did not have any such training.

In February 2011, Murray was formally charged with involuntary manslaughter. On September 27, 2011, Murray went on trial in Los Angeles and was convicted of involuntary manslaughter on November 7, 2011. His bail was revoked and he was remanded to custody pending his November 29 sentencing date. He received the maximum penalty of four years in prison. His Texas medical license was revoked, and his California and Nevada licenses were suspended. After serving two years, Murray was released on parole on October 28, 2013.

Jackson's father, Joe Jackson, filed a wrongful death lawsuit against Murray in 2010  but dropped it in 2012. Also in 2010, Jackson's mother, Katherine Jackson, and three children, filed a separate wrongful death suit against AEG, claiming that the company was negligent in hiring Murray; the jury decided in favor of AEG in 2013.

In 2016, Inside Edition reported that Murray was "still visiting patients," although Murray claimed that he does not charge patients anything for his services, that he is only "providing a consultation" without prescribing medication, and that therefore he "is not breaking the law".

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A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A, his act is excusable and not an offence.

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Nothing is an offence that is performed byaccident or misfortune, and with none criminal goal or knowledge, withinside the doing of a lawful act in a lawful manner, via way of means of lawful means, and with right care and caution