1923_CRIMINAL_PROCEDURE_ORDINANCE__1899 — Page 14

HK Historical Laws 香港歷史法例 All AI Reviewed

CRIMINAL PROCEDURE.

No. 9 of 1899.

897

for assault indictment

58. If, on any trial for robbery, the jury are satisfied that the accused person is guilty of an assault with intent to rob, but are not satisfied that he is guilty of the robbery charged in the indictment, then and in every such case the jury may acquit the accused person of such robbery and find him guilty of an assault with intent to rob, and thereupon the accused person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for feloniously assaulting with intent to rob.

on indictment house, etc.

59. If, on any trial for burglary, stealing in a dwelling-house, or breaking and entering and stealing in a shop, warehouse, or counting-house or in a building within the curtilage of a dwelling-house, the jury are satisfied that the accused person is guilty of some one of the said offences, but are not satisfied that he is guilty of the offence charged in the indictment, then and in every such case the jury may acquit the accused person of the offence charged in the indictment and find him guilty of the said other offence, and thereupon the accused person shall be liable to be punished in the same manner as if he had been convicted upon an indictment charging him with such other offence.

on indictment offence.

60. If, on any trial for any offence, the jury are satisfied that the accused person is guilty of an attempt to commit the offence charged in the indictment, but are not satisfied that he is guilty of the full offence so charged, then and in every such case the jury may acquit the accused person of such offence and find him guilty of an attempt to commit the same, and thereupon the accused person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for attempting to commit such offence.

demeanor evidence

61. If, on any trial for misdemeanor, the facts given in evidence amount to a felony, the accused person shall not be therefore acquitted of such misdemeanor; and no person although tried for such misdemeanor shall be liable afterwards to be prosecuted for felony on the same facts, unless the court thinks fit to discharge the jury from giving any verdict on such trial and to direct the accused person to be prosecuted for felony, in which case the accused person may be dealt with as if he had not been previously put on his trial for misdemeanor.

14 & 15 Vict. c. 100, s. 9.
14 & 15 Vict. c. 100, s. 12.

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CRIMINAL PROCEDURE. No. 9 of 1899. 897 for assault indictment 58. If, on any trial for robbery, the jury are satisfied that the accused person is guilty of an assault with intent to rob, but are not satisfied that he is guilty of the robbery charged in the indictment, then and in every such case the jury may acquit the accused person of such robbery and find him guilty of an assault with intent to rob, and thereupon the accused person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for feloniously assaulting with intent to rob. on indictment house, etc. 59. If, on any trial for burglary, stealing in a dwelling-house, or breaking and entering and stealing in a shop, warehouse, or counting-house or in a building within the curtilage of a dwelling-house, the jury are satisfied that the accused person is guilty of some one of the said offences, but are not satisfied that he is guilty of the offence charged in the indictment, then and in every such case the jury may acquit the accused person of the offence charged in the indictment and find him guilty of the said other offence, and thereupon the accused person shall be liable to be punished in the same manner as if he had been convicted upon an indictment charging him with such other offence. on indictment offence. 60. If, on any trial for any offence, the jury are satisfied that the accused person is guilty of an attempt to commit the offence charged in the indictment, but are not satisfied that he is guilty of the full offence so charged, then and in every such case the jury may acquit the accused person of such offence and find him guilty of an attempt to commit the same, and thereupon the accused person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for attempting to commit such offence. demeanor evidence 61. If, on any trial for misdemeanor, the facts given in evidence amount to a felony, the accused person shall not be therefore acquitted of such misdemeanor; and no person although tried for such misdemeanor shall be liable afterwards to be prosecuted for felony on the same facts, unless the court thinks fit to discharge the jury from giving any verdict on such trial and to direct the accused person to be prosecuted for felony, in which case the accused person may be dealt with as if he had not been previously put on his trial for misdemeanor. 14 & 15 Vict. c. 100, s. 9.14 & 15 Vict. c. 100, s. 12.

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CRIMINAL PROCEDURE. No. 9 of 1899. 897 for assault indictment 58. If, on any trial for robbery, the jury are satisfied that Conviction the accused person is guilty of an assault with intent to rob, h intent but are not satisfied that he is guilty of the robbery charged to rob on in the indictment, then and in every such case the jury may for robbery. acquit the accused person of such robbery and find him. guilty of an assault with intent to rob, and thereupon the accused person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for feloniously assaulting with intent to rob. on indictment house, etc. 59. If, on any trial for burglary, stealing in a dwelling- Conviction house, or breaking and entering and stealing in a shop, for burglary warehouse, or counting-house or in a building within the for stealing curtilage of a dwelling-house, the jury are satisfied that the in dwelling- accused person is guilty of some one of the said offences, but are not satisfied that he is guilty of the offence charged in the indictment, then and in every such case the jury may acquit the accused person of the offence charged in the indictment and find him guilty of the said other offence, and thereupon the accused person shall be liable to be punished in the same manner as if he had been convicted upon an indictment charging him with such other offence. on indictment offence. 60. If, on any trial for any offence, the jury are satisfied Conviction that the accused person is guilty of an attempt to commit the for attempt offence charged in the indictment, but are not satisfied that for full he is guilty of the full offence so charged, then and in every 14 & 15 Vict. such case the jury may acquit the accused person of such e. 100, s. 9. offence and find him guilty of an attempt to commit the same, and thereupon the accused person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for attempting to commit such offence. demeanor evidence 61. If, on any trial for misdemeanor, the facts given in Conviction evidence amount to a felony, the accused person shall not be for mis- therefore acquitted of such misdemeanor; and no person although tried for such misdemeanor shall be liable afterwards to be facts in prosecuted for felony on the same facts, unless the court amount to thinks fit to discharge the jury from giving any verdict on felony. such trial and to direct the accused person to be prosecuted c. 100, s. 12. for felony, in which case the accused person may be dealt with as if he had not been previously put on his trial for misdemeanor. 14 & 15 Vict.

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CRIMINAL PROCEDURE.

No. 9 of 1899.

897

for assault

indictment

58. If, on any trial for robbery, the jury are satisfied that Conviction the accused person is guilty of an assault with intent to rob, h intent but are not satisfied that he is guilty of the robbery charged to rob on in the indictment, then and in every such case the jury may for robbery. acquit the accused person of such robbery and find him. guilty of an assault with intent to rob, and thereupon the accused person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for feloniously assaulting with intent to rob.

on indictment

house, etc.

59. If, on any trial for burglary, stealing in a dwelling- Conviction house, or breaking and entering and stealing in a shop, for burglary warehouse, or counting-house or in a building within the for stealing curtilage of a dwelling-house, the jury are satisfied that the in dwelling- accused person is guilty of some one of the said offences, but are not satisfied that he is guilty of the offence charged in the indictment, then and in every such case the jury may acquit the accused person of the offence charged in the indictment and find him guilty of the said other offence, and thereupon the accused person shall be liable to be punished in the same manner as if he had been convicted upon an indictment charging him with such other offence.

on indictment

offence.

60. If, on any trial for any offence, the jury are satisfied Conviction that the accused person is guilty of an attempt to commit the for attempt offence charged in the indictment, but are not satisfied that for full he is guilty of the full offence so charged, then and in every 14 & 15 Vict. such case the jury may acquit the accused person of such e. 100, s. 9. offence and find him guilty of an attempt to commit the same, and thereupon the accused person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for attempting to commit such offence.

demeanor

evidence

61. If, on any trial for misdemeanor, the facts given in Conviction evidence amount to a felony, the accused person shall not be for mis- therefore acquitted of such misdemeanor; and no person although tried for such misdemeanor shall be liable afterwards to be facts in prosecuted for felony on the same facts, unless the court amount to thinks fit to discharge the jury from giving any verdict on felony. such trial and to direct the accused person to be prosecuted c. 100, s. 12. for felony, in which case the accused person may be dealt with as if he had not been previously put on his trial for misdemeanor.

1923_CRIMINAL_PROCEDURE_ORDINANCE__1899 — Page 14

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