CO885-(7-8) — Page 295

447

PUBLIC RECORD OFFICE

Reference :---

C.O.885

7

PUBLIC RECORD OFFICE, LONDON ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

A. 438,

B. 490. 0.683.

▲ 439.

B. 491.

0.583.

Administering Poison; s. 192, Detention in a Brothel; s. 195, Bigamy; 6. 197, Child-stealing; s. 198, Neglect by a Person in Charge of others; 8. 201, Abandoning a Child tinder two; s. 205, Publishing defamatory Matter with intent to extort: 8. 225, Depriving of the Possession of Goods; s. 233, Fraudulent Conversion by a Person intrusted; s. 234, Director of Company fraudulently accounting; s. 235, Directors, &c., making false Statements; s. 245, Extortion by Threats; s. 260, Pro- caring the Execution of a Document by a false Pretence; s. 261, Bending a false Telegram or Telephone Message; s. 262, Using a forged Document; 263, Using cancelled or exhausted Documents; 8. 264, Obtaining Property on Probate of a forged Will, &c.;.8. 267, Offences relating to Registers; s. 268, Offences relating to Certifi cates; 8. 271, Personation; s. 312, Threats; s. 313, Conspiracy; and except any Felony which independently of any previous conviction would be a Misdemeanour or simple offence.

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Provided that no person may be arrested without a warrant because he has committed any Felony created, or made punishable by, any of the following sections, unless he be found committing it, namely, a. 230, Obtaining by False Pretences; s. 231, Obtaining the Execution of a Valuable Security by a False Pretence; s. 279, Passing counterfeit Coin; s. 280, Possessing counterfeit Coin.

Any person may be arrested without a warrant who has committed any of the misdemeanours created or made punishable by any of the following sections, namely, s. 161, Attempt to commit Suicide; s. 178, Endangering the Safety of Persons by Explosives; a. 179, Endangering the Safely of Persons on a Railway; s. 214, Stealing; any section in Chapter XXIX. (Damage to Property); and any person may be arrested without a warrant who is found committing any misdemeanour created or made punishable by any of the following sections, namely, s. 230, (Obtaining by False Pretences); any section in Chapter XXVIII.

Offences relating to the Coin).

Any person may be arrested without a warrant who has committed any of the simple offences created or made punishable by the following sections, namely (as the case may be).

ATTEMPTS.

I append two sections dealing with Attempts, which I have drafted but omitted in the code, as being really procedure.

Trial for an Offence; Conviction of Attempt.-Upon the trial of any person for an offence, he may, if the evidence justifies such a finding, be convicted of an attempt to commit that offence, or any other offence of which he is liable to be convicted on such trial, and may be punished accordingly.

Trial for Attempt; Offence_proved. Upon the trial of any person for an attempt to commit an offence, if the evidence discloses the com- mission of an offence, he shall not be entitled to be acquitted, but may be convicted of the attempt; provided that after the conviction of such attempt, he shall not be liable to be tried again for the offence which he was charged with attempting to commit.

AUTRE FOIS Acquit and CONVICT

I have taken no trouble to prevent sections overlapping, that is, many acts are punishable under two or more sections. There is no objection to this so long as the law as to the pleas of autre fois acquit and convict is in proper order. I have supposed s. 447 of the English code to apply, subject to alterations of drafting (c.f. s. 598,602 of Queensland). That section is as follows:

Pleas of Autre fois Acquit and Convict.-On the trial of an issue on a plea of autre fois acquit or convict to any count or counts, if it appear that the matter on which the accused was given in charge on the former trial is the same in whole or in part as that on which it is proposed to give him in charge, and that he might on the former trial, if all proper amendments had been made which might then have been made, have been convicted of all the crimes of which he may be convicted on the count or counts to which such plea is pleaded, the Court shall give judgment that he be discharged from such count or counts.

If it appear that the accused might on the former trisl have been convicted of any crime of which he may be convicted on the count or counts to which such plea is pleaded, but that he may be convicted on any such count or counts of some crime or crimes of which he could not have been convicted on the former trial, the Court shall direct that

**: I have omitted from the following List misdemeanours in Chapter XII (Offences

- against Public Convenience). They will be better considered with Eimple Offeness.

XV

he shall not be convicted on any such count or counts of any crime of which he might have been convicted on the former trial, but that he shall plead over as to the other crime or crimes charged.

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PART OF A CHARGE PROVED.

I attach considerable importance to the rule that if an offence is charged, the commission of which necessarily involves the commission of another offence (eg, wounding with intent includes doing actual bodily harm), and only so much of the first is proved as constitutes the second, a conviction may be had of the second. I therefore assume the existence of a section drafted after s. 440 of the English code (A.): this is as follows:-

Part of Crime charged proved.-Every count shall be deemed divisible; and of the commission of the crime charged, as described in the enactment creating the crime or as charged in the count, includes the commission of any other crime, the person accused may be convicted of any crime so included which is proved, although the whole crime charged is not proved; or he may be convicted of an attempt to commit* any crime so included;

Provided that on a count charging murder, if the evidence proves manslaughter but does not prove murder, the jury may find the accused not guilty of murder but guilty of manslaughter, but shall not on that count find the accused guilty of any other offence; And also, that upon a count charging rape, the accused shall not be found guilty of any charge other than rape or an attempt to commit rape.

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