Addition of new sections 65A, 65B, 650
and 65D.
Batry of
verdict of not guilty by order of judge.
1967. c. 50. 1. 17.
6.
within the jurisdiction of the court of trial, he may be found guilty of that other offence or of an offence of which he could be found guilty on an information. charge or indictment specifically charging that other offence.
(3) For the purposes of subsection (2) any allega- tion of an offence shall be taken as including an allegation of attempting to commit that offence; and where a person is charged with attempting to com- mit an offence or with any assault or other act preliminary to an offence but not with the completed offence, then he may be convicted of the offence charged notwithstanding that he is shown to be guilty of the completed offence.
(4) Where a person arraigned on an indictment pleads not guilty of an offence charged in the indict- ment but guilty of some other offence of which he might be found guilty on that charge, and he is con- victed on that plea of guilty without trial for the offence of which he has pleaded not guilty then. whether or not the two offences are separately charged in distinct counts, his conviction of the one offence shall be an acquittal of the other,
(5) Any power to bring proceedings for an offence by criminal information is abolished.
(6) Subsections (1) and (2) shall apply to an indictment containing more than one count as if each count were a separate indictment.
51A. Where an accused person arraigned on an indictment pleads not guilty and the prosecutor pro- poses to offer no evidence against him, the court before which the accused person is arraigned may, if it thinks fit, order that a verdict of not guilty shall be recorded without the accused person being given in charge to a jury, and the verdict shall have the same effect as if the accused person had been tried and acquitted.".
The principal Ordinance is amended by adding, after section 65, the following new sections-
"Proof of criminal
intent. 1967, . 80, I. B.
65A. (1) A court or jury, in determining whether
a person has committed an offence-
(4) shall not be bound in law to infer that he intended or foresaw a result of his acts or
Proof by writeen statement. 1907, c. B,
omissions by reason only of its being a natural and probable consequence of those acts or omissions; but
(5) shall decide whether he did intend or foresee that result by reference to all the evidence, drawing such inferences from the evidence as appear proper in the circumstances. (2) In this section, “court" includes a District Court and a magistrate.
65B. (1) In any criminal proceedings, other than committal proceedings, a written statement by any person shall, subject to the conditions contained in subsection (2). be admissible as evidence to the like extent as oral evidence to the like effect by that person. (2) A statement may be tendered in evidence under subsection (1) iF
(a) the statement purports to be signed by the
person who made it:
(b) the statement contains a declaration by that person to the effect that it is true to the best of his knowledge and belief;
(c) before the hearing at which the statement is tendered in evidence, a copy of the state- ment is served, by or on behalf of the party proposing to tender it, on each of the other parties to the proceedings; and
(d) none of the other parties or their solicitors, within fourteen days from the service of the copy of the statement, serves a notice on the party so proposing objecting to the statement being tendered in evidence under this section: Provided that paragraphs (c) and (d) shall not apply if the parties agree before or during the bear- ing that the statement shall be so tendered.
(3) If a statement tendered in evidence under subsection (1)~-~~
(a) is made by a person under the age of
twenty-one, it shall give his age;
(b) is made by a person who cannot read it, it shall be read to him before he signs it and shall be accompanied by a declaration by the person who so read the statement to the effect that it was so read: