1890_CRIMINAL_PROCEDURE_ORDINANCE_2 — Page 2

ORDINANCE No. 6 or 1856.

Criminal Procedure.

assault with intent to rob, to charge that the defendant did feloniously make an assault with intent to rob the party injured; and in every information for demanding property with menaces or by force with intent to steal the same, to charge that the defendant did feloniously attempt with menaces or by force or with menaces and force (as the case may be) to rob the party injured.

2. In all informations for burglary, stealing in a dwelling house, or breaking and entering and stealing in a shop, warehouse, or counting house, or a building within the curtilage of a dwelling house, it shall be sufficient to describe the place wherein the offence is charged to have been committed as a dwelling house, shop, warehouse, counting house, or building within a curtilage (as the case may be), without specifying the occupant or owner thereof.

3. If upon any trial for either of the said offences enumerated, in the section next immediately preceding, the facts proved in evidence shall authorise a conviction for some other or others of the said offences and not the offence wherewith the defendant is charged, the jury shall return against him a verdict of guilty of the said other offence or offences, and thereupon he shall be punished as if he had been convicted on an information charging him with such offence or offences; and he shall not be afterwards prosecuted for the offence whereof he is so found guilty.

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The term dwell- ing house, &c. shall be a suffi- cient description in cases of burglary,

Persons charged with burglary', &c., may be convicted of house-breaking,

&c.

Alders and abettors may be

principals.

4. Aiders and abettors may be charged in any information for felony as principals in the first degree, even where the punishment of such aiders or abettors as appointed charged as by law is different from the punishment thereby appointed for principals; but no aider or abettor shall, merely by reason of being convicted upon any such charge, be subject to any greater or other punishment than is or shall be by law appointed.

5. In any information for felony or misdemeanor, persons charged as principals sball, if the facts given in evidence at their trial amount to proof that they were accessories before or after the fact to such felony or misdemeanor, but not principals therein, be convicted as accessories accordingly, and shall thereupon be punished as if convicted on an information charging them with being such accessories, and shall not be subject to any greater or other punishment in that behalf; and they shall not be afterwards prosecuted in respect thereof.

6. Defendants may be charged with different felonies and misdemeanors, or with different felonies or misdemeanors in the same information where the person thereby injured is one and the same person, or where the several offences so charged constitute or relate to one and the same transaction.

7. In an information for a felony or misdemeanor committed on the high seas or in foreign parts, the allegation that the party injured was at the time of the offence charged in the peace of the Queen shall be a sufficient allegation of the jurisdiction of the Court to hear and determine it.

8. A written statement purporting to have been made upon cath by a person under examination upon a criminal charge may be received in evidence against such person, if proof be given that it was in fact made by him not upon oath.

Persons charged

as principals may be convicted as accessories.

Joinder of offences in one information.

Jurisdiction over offences on the high seas, &c., how alleged.

Prisoners state- ments on oath.