Commence 59. This Act shall commence and take effect on the first ment of Act. day of January, one thousand eight hundred and seventy. Preamble. Murder. Sentence for murder. Conspiring or soliciting to murder. Punishment after the fact. СНАР. 20. An Act respecting Offences against the Person. [Assented to 22nd June, 1869.] WHEREAS it is expedient to assimilate, amend and consolidate the Statute Law of the several Provinces of Quebec, Ontario, Nova Scotia and New Brunswick, relating to offences against the person and to extend the same as so consolidated to all Canada: Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Homicide. 1. Whosoever is convicted of murder shall suffer death as a felon. 2. Upon every conviction for murder, the court shall pronounce sentence of death, and the same may be carried into execution, and all other proceedings upon such sentence and in respect thereof may be had and taken in the same manner, and the court before which the conviction takes place shall have the same powers in all respects, as after a conviction for any other felony for which a prisoner may be sentenced to suffer death as a felon. 3. All persons who conspire, confederate and agree to murder any person, whether he be a subject of Her Majesty or not, and whether he be within the Queen's dominions or not, and whosoever solicits, encourages, persuades, endeavours to persuade or proposes to any person to murder any other person, whether he be a subject of Her Majesty or not, and whether he be within the Queen's dominions or not, are and is guilty of a misdemeanor, and shall be liable to be imprisoned in the penitentiary for any term not exceeding ten years and not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour 4. Every accessory after the fact to murder, shall be liable of accessories to be imprisoned in the penitentiary for life or for any term not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour. 5. Whosoever is convicted of manslaughter shall be liable Manslaughter to be imprisoned in the penitentiary for life or for any term not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour, or to pay such fine as the court may award, in addition to or without any such other discretionary punishment as aforesaid. manslaughter 6. In any indictment for murder or manslaughter, or for Indictment being an accessory to any murder or manslaughter, it shall for murder or not be necessary to set forth the manner in which, or the means by which, the death of the deceased was caused, but it shall be sufficient in any indictment for murder to charge that the defendant did feloniously, wilfully, of his malice aforethought, kill and murder the deceased; and it shall be sufficient in any indictment for manslaughter to charge that the defendant did feloniously kill and slay the deceased; and it shall be sufficient in any indictment against any accessory to any murder or manslaughter to charge the principal with the murder or manslaughter (as the case may be), in the manner hereinbefore specified, and then to charge the defendant as an accessory, in the manner heretofore used and accustomed, or by law provided. homicide. 7. No punishment or forfeiture shall be incurred by any Excusable person who kills another by misfortune, or in his own defence, or in any other manner without felony. 8. Every offence which before the abolition of the crime Petit treason. of petit treason, would have amounted to petit treason, shall be deemed to be murder only, and no greater offence; all persons guilty in respect thereof, whether as principals or accessories, shall be dealt with, indicted, tried and punished as principals and accessories in murder. trial of mur where the happens in 9. Where any person, being feloniously stricken, poisoned, Provision for or otherwise hurt, upon the sea, or at any place out of Can- der or manada, shall die of such stroke, poisoning, or hurt, in Canada, slaughter, or, being feloniously stricken, poisoned, or otherwise hurt at death or cause any place in Canada, shall die of such stroke, poisoning, or of death only hurt, upon the sea, or at any place out of Canada, every Canada. offence committed in respect of any such case, whether the same amounts to murder or manslaughter, or of being accessory to murder or manslaughter, may be dealt with, inquired of, tried, determined and punished in the district, county or place in Canada in which such death, stroke, poisoning, or hurt happens, in the same manner in all respects as if such offence had been wholly committed in that district, county or place. 7 Attempts Administer ing poison, or Attempts to murder. 10. Whosoever administers or causes to be administered wounding or to be taken by any person, any poison or other destructive with intent to thing, or by any means whatsoever, wounds or causes any grievous bodily harm to any person, with intent, in any of the cases aforesaid, to commit murder, is guilty of felony, and shall suffer death as a felon. murder. murder. Destroying or 11. Whosoever, by the explosion of gunpowder or other damaging a explosive substance, destroys, or damages any building, with building with gunpowder, intent to commit murder, is guilty of felony and shall be with intent to liable to be imprisoned in the penitentiary for life, or for any term not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour, and with or without solitary confinement Setting fire to or casting away a ship with intent to murder. Attempting murder. 12. Whosoever sets fire to any ship or vessel, or any part thereof, or any part of the tackle, apparel, or furniture thereof, or any goods or any chattels being therein, or casts away or destroys any ship or vessel, with the intent in any of such cases to commit murder, is guilty of felony, and shall be liable to be imprisoned in the penitentiary for life or for any term not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour, and with or without solitary confinement. 13. Whosoever attempts to administer to, or attempts to cause to be administered to, or to be taken by, any person, any poison or other destructive thing, or shoots at any person, or by drawing a trigger or in any other manner, attempts attempting to to discharge any kind of loaded arms at any person, or atdrown, &c., with intent to tempts to drown, suffocate or strangle any person, with intent in any of the cases aforesaid to commit murder, whether any bodily injury be effected or not, is guilty of felony, and shall be liable to be imprisoned in the penitentiary for life, or for any term not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour, and with or without solitary confinement. By any other means at tempting to der. 14. Whosoever, by any means other than those specified in any of the preceding sections of this Act, attempts to comcommit mur- mit murder, is guilty of felony, and shall be liable to be imprisoned in the penitentiary for life, or for any term not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without without hard labour, and with or without solitary confinement. Letters threatening to murder. ters threaten. 15. Whosoever maliciously sends, delivers, or utters, or Sending letdirectly or indirectly causes to be received, knowing the con- ing to murder. tents thereof, any letter or writing threatening to kill or murder any person, is guilty of felony, and shall be liable to be imprisoned in the penitentiary for any term not exceeding ten years and not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour, and with or without solitary confinement. Acts causing or tending to cause danger to life or bodily harm. person en wreck. 16. Whosoever unlawfully and maliciously prevents or Impeding a impedes any person, being on board of or having quitted any deavoring to ship or vessel in distress, or wrecked, stranded, or cast on save himself shore, in his endeavour to save his life, or unlawfully and from shipmaliciously prevents or impedes any person in his endeavour to save the life of any such person as in this section first aforesaid, is guilty of felony, and shall be liable to be imprisoned in the penitentiary for life, or for any term not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour, and with or without solitary confine ment. shoot, or 17. Whosoever unlawfully and maliciously, by any means Shooting or whatsoever, wounds or causes any grievous bodily harm to attempting to any person, or shoots at any person, or, by drawing a trigger wounding, or in any other manner, attempts to discharge any kind of with intent to do grievous loaded arms at any person, with intent in any of the cases bodily harm. aforesaid to maim, disfigure or disable any person, or to do some other grievous bodily harm to any person, or with the intent to resist or prevent the lawful apprehension or detainer of any person, is guilty of felony, and shall be liable to be imprisoned in the penitentiary for life or for any term not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour, and with or without solitary confinement. constitute 18. Any gun, pistol, or other arm loaded in the barrel with What shall gunpowder or other explosive substance, and ball, shot, slug loaded arms. or other destructive material, or charged with compressed air and having ball, shot, slug or other destructive material in the barrel, shall be deemed to be loaded arms, within the meaning of this Act, although the attempt to discharge the same may fail for want of proper priming or other cause. Inflicting with or with out weapon. As to the indictment and certain cases. verdict in 19. Whosoever unlawfully and maliciously wounds or bodily injury, inflicts any grievous bodily harm upon any other person, either with or without any weapon or instrument, is guilty of a misdemeanor, and shall be liable to be imprisoned in the penitentiary for any term not exceeding three years and not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour: and if upon the trial of any indictment for any felony (except in cases of murder or manslaughter), the indictment alleges that the defendant did cut, stab, wound or inflict grievous bodily harm on any person, and the jury be satisfied that the defendant is guilty of the cutting, stabbing or wounding, or inflicting grievous bodily harm, charged in the indictment, but be not satisfied that the defendant is guilty of the felony charged in such indictment, the jury may acquit of the felony, and find the defendant guilty of unlawfully cutting, stabbing or wounding, or inflicting grievous bodily harm; and such defendant shall be liable to be imprisoned in the penitentiary for any term not exceeding three years and not less than two years, or to be imprisoned in any gaol or place of confinement, other than the penitentiary, for any term less than two years. Attempting to choke, &c., in order to commit any indictable offence. Using chloroform, &c., to commit any indictable offence. 20. Whosoever by any means whatsoever attempts to choke, suffocate or strangle any other person, or by any means calculated to choke, suffocate or strangle, attempts to render any other person insensible, unconscious, or incapable of resistance, with intent in any of such cases thereby to enable himself or any other person to commit, or with intent in any of such cases thereby to assist any other person in committing any indictable offence, is guilty of felony, and shall be liable to be imprisoned in the penitentiary for life, or for any term not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour, and if a male with or without whipping. 21. Whosoever unlawfully applies or administers to, or causes to be taken by, or attempts to apply or administer to, or attempts or causes to be administered to or taken by any person, any chloroform, laudanum, or other stupifying or overpowering drug, matter or thing, with intent in any of such cases thereby to enable himself or any other person to commit, or with intent in any of such cases thereby to assist any other person in committing any indictable offence, is guilty of felony, and shall be liable to be imprisoned in the penitentiary for life, or for any other term not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour, and if a male with or without whipping. |