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Nothing shall be deemed to be an offence which appears to the court having cognizance of the matter to be of too little importance to be treated as such, or if the justice before whom the case is 5 brought for inquiry is of opinion that there are circumstances in the case which render it inexpedient to inflict any punishment.
RULE OF EVIDENCE.
The burden of proving facts showing that any act is not an 10 offence by reason of any of the matters of excuse herein-before specified shall be upon the alleged offender.
Every person shall be presumed to have been of sound mind at the time when any offence with which he is charged was committed, unless the contrary appears or is proved; but the jury may have 15 regard to the appearance and behaviour of the alleged offender in considering the question of his state of mind.
OF PARTIES TO THE COMMISSION OF OFFENCES.
WHO ARE PARTIES TO AN OFFENCE.
Everyone is a party to an indictable offence actually committed :
(a.) Who actually commits or takes part in its actual commission, either personally or by an innocent agent; or
(6.) Who aids or abets any other person in its actual commission ; 25
(c.) Who directly or indirectly incites any other person to commit it.
Everyone who counsels, procures, or commands, solicits, encourages, persuades, endeavours to persuade, compels or endeavours to 30 compel another to commit an indictable offence, or proposes to him to do so, incites him to commit that offence within the meaning of this Act; provided that mere knowledge that another person is about to comunit an indictable offence, even if the person possessing such knowledge acts upon it, does not amount to an incitement to 35 commit that offence.
If several persons fom a common intention to commit any in- A.D. 1878. dictable offence, each of them is a party to every offence committed by any one of them in the execution of their common intention,
provided that the commission of such offence was or ought to have 5 been known to be a probable consequence of the execution of the
common intention by the persons who formed the common intention ; and provided that it does not appear
person changed his intention before the offence was committed.
Every person who is a party to any indictable offence actually 10 committed, whether such offence is against the provisions of this
or any other Act of Parliament now in force or hereafter to be in force, or against the common law, shall be liable to the same consequences in every respect as if he had actually committed that offence.
WHERE OFFENCE COMMITTED VARIES FROM OFFENCE TO WHICH THE OFFENDER
A person who incites another to commit an offence which the person incited commits in a way different from that in which he 20 was incited to commit it, is a party to that offence.
A person who incites another to commit an offence is a party to every offence which the person incited commits in consequence of the incitement, and which the person inciting knew, or ought to
have known, to be likely to be committed in consequence of such 25 incitement.
A person who, having incited another to commit an offence, countermands such incitement before any offence for which he is responsible under the provisions herein-before contained is com
mitted in consequence thereof, is not a party to such offence if the 30 person incited had notice of the countermand before he committed it.
ACCESSORY AFTER THE FACT DEFINED.
An accessory after the fact to an indictable offence is a person who, knowing or having reasonable grounds to believe an indictable 35 offence to have been committed by another,
Receives, comforts, or assists him, in order to enable him to escape from punishment;
Or rescues him from an arrest for such indictable offence;
Or actively conceals or endeavours tò conceal or procures or endeavours to procure the concealment of the fact that the offence has been committed ;
Or who having him in lawful custody for such indictable offence, intentionally and voluntarily suffers him to escape, whether or not 5 he has such knowledge or grounds of belief as aforesaid ;
Or who receives from the offender anything acquired by an indictable offence, knowing it to have been so acquired.
Provided that a husband or wife who receives, comforts, or relieves his or her wife or husband, knowing her or him to have committed 10 an indictable offence shall not become thereby an accessory after the fact to such indictable offence:
Provided also, that no person shall become an accessory after the fact to any indictable offence only by reason of his knowing of the indictable offence after its commission, and abstaining from 15 giving information thereof in order to the prosecution of the offender, except in the cases herein-after expressly provided for.
CONSPIRACY TO COMMIT AN OFFENCE.
A conspiracy to commit an offence is an agreement between two 20 or more persons to commit that offence or to cause or procure it to be committed.
ATTEMPTS TO COMMIT OFFENCES.
An attempt to commit an offence is an act done with intent to 25 commit that offence, forming part of a series of acts which would have constituted its actual commission if that series of acts had not been interrupted either by the voluntary determination of the offender not to complete the commission of the offence, or by other
30 An act done with intent to commit an offence, the commission of which in the manner proposed was, in fact, impossible, is not an attempt to commit that offence.
The question whether an act is sufficiently near to the actual commission of an offence to constitute an attempt is a question of 35 law.
In cases in which it is an offence to cause any event by an omission to act, such an omission accompanied by an intent that the event should be caused thereby may amount to an attempt to commit the offence.
PUNISHMENT OF OFFENCES ABOVE DEFINED.
Everyone shall be guilty of an indictable offence, and shall upon conviction thereof be liable to the punishments herein-after men5 tioned, who,
(a.) Becomes an accessory after the fact to any indictable offence; or,
(.) Incites any person to commit any indictable offence, although such offence is not committed in consequence of such incitement; or, 10 (c.) Conspires with any person to commit any offence, whether
indictable or punishable on summary conviction, or to cause or procure any such offence to be committed ; or,
(d.) Attempts to commit any indictable offence.
Every such offender shall (unless any special provision is herein15 after made for the case) be liable to be imprisoned with hard labour
for two years if the offence which he attempts or conspires to commit, or incites any person to commit, or to which he becomes accessory after the fact, is punishable with death, penal servitude, or
imprisonment with hard labour, and with simple imprisonment if it 20 is otherwise punishable; provided that no person shall be liable to
any greater punishment for inciting any person to commit any offence, or for attempting or conspiring to commit, or for becoming an accessory after the fact to any offence than he would have been liable to for committing that offence.
OFFENCES AGAINST PUBLIC ORDER,
INTERNAL AND EXTERNAL.
CHAPTER V. HIGH TREASON AND OTHER OFFENCES AGAINST THE 30
QUEEN'S AUTHORITY AND PERSON.
HIGH TREASON DEFINED.
High treason is
(a.) The forming and displaying by an overt act of an intention 35 to kill Her Majesty the Queen, or to do her any bodily harm tending
to death or destruction, maim or wounding, imprisonment or restraint; or to kill the eldest son and heir apparent of Her Majesty, or to
A.D. 1878. kill the Queen consort of any King of the United Kingdom of Great
Britain and Ireland.
(6.) Conspiring with any person to kill or destroy Her Majesty, or to do her any bodily harm tending to death or destruction, maim or wounding, imprisonment or restraint.
5 (c.) Levying war against Her Majesty either, (i.) With intent to depose Her Majesty from the style, honour,
and royal name of the Imperial Crown of the United Kingdom of Great Britain and Ireland or of any other of Her Majesty's dominions or countries ; or
10 (ii.) In order by force or constraint to compel Her Majesty to
change her measures or counsels, or in order to intimidate or
overawe both Houses or either House of Parliament. (d.) Instigating any foreigner with force to invade this realm or any other of the dominions of Her Majesty.
15 (e.) Assisting any public enemy at war with Her Majesty in such war by any means whatsoever.
(f.) Violating, whether with her consent or not, a Queen consort, or the eldest daughter of a King or Queen regnant, unmarried, or the wife of the eldest son and heir apparent for the time being of 20 the King or Queen regnant.
Everyone who commits high treason shall be guilty of an indictable offence, and shall upon conviction thereof suffer death as in other cases, provided that Her Majesty may, if she think fit, direct by warrant under her sign manual, countersigned by one of Her 25 Majesty's Principal Secretaries of State, that the head of such person shall be severed from his body whilst alive. The head and body of every such offender shall be disposed of in the manner provided for by the Capital Punishment Amendment Act, 1868, in regard to persons executed for murder.
30 Provided that no one shall be convicted of any offence against sub-section (b), sub-section (c), sub-section (d), sub-section (e) or subsection (f) respectively, unless he is proved by two witnesses to have done an overt act forbidden by the sub-section against which he is alleged to have offended, or unless one witness proves that he has 35 done one such overt act, and another witness proves that he has done another such overt act. This proviso shall not extend to offences against sub-section (a).
ACCESSORIES AFTER THE FACT AND MISPRISION. Everyone shall be guilty of an indictable offence, and shall upon conviction thereof be liable to penal servitude for life, who