CRIMINAL PROCEDURE,
No. 9 of 1899.
575
L
(2) Where upon the trial of a woman for the murder of her newly-born child, the jury are of opinion that she by any wilful act or omission caused its death, but that at the time of the act or omission she had not fully recovered from the effect of giving birth to such child, and that by reason thereof the balance of her mind was then disturbed, the jury may, notwithstanding that the circumstances were such that but for the provisions of this section they might have returned a verdict of murder, return in lieu thereof a verdict of infanticide.
(3) Nothing in this section shall affect the power of the jury upon an indictment for the murder of a newly-born child to return a verdict of manslaughter, or a verdict of guilty but insane, or a verdict of concealment of birth in pursuance of section 49 of the Offences against the Person Ordinance, 1865.
Ordinance No. 2 of 1865.
(4) The said section 49 shall also apply in the case of the acquittal of a woman upon indictment for infanticide as it applies upon the acquittal of a woman for murder, and upon the trial of any person over the age of sixteen for infanticide it shall be lawful for the jury, if they are satisfied that the accused is guilty of an offence under section 26A of the Offences against the Person Ordinance, 1865, to find the accused guilty of such an offence, and in that case that section shall apply accordingly.
PART IV.
PROCEEDINGS SUBSEQUENT TO TRIAL.
Reservation of question of law.
No. 2 of 1865.
78.—(1) The judge may reserve for the consideration of the Full Court any question of law which may arise on the trial of any indictment, and, in case the accused person is convicted, may postpone judgment until such question has been considered and decided, and in the meanwhile may commit the person convicted to prison or take a recognizance of bail, with or without one or more sufficient sureties, and in such sum as he may think fit, conditioned to appear at such time or times as the court may direct and receive judgment.
[cf. No. 41 of 1932, s. 118D & No. 8 of 1933, s. 2 (2) & (4).]
(2) Upon the consideration of the question so reserved it shall be lawful for the Full Court to affirm or to quash the conviction or to direct a new trial, and to make such other orders as may be necessary to give effect to its decision:
CRIMINAL PROCEDURE,
No. 9 of 1899.
575
L
(2) Where upon the trial of a woman for the murder of her newly-born child, the jury are of opinion that she by any wilful act or omission caused its death, but, that at the time of the act or omission she had not fully recovered from the effect of giving birth to such child, and that by reason thereof the balance of her mind was then disturbed, the jury may, notwith- standing that the circumstances were such that but for the provisions of this section they might have returned a verdict of murder, return in lieu thereof a verdict of infanticide.
(3) Nothing in this section shall affect the power of the jury upon an indictment for the murder of a newly-born child to return a verdict of manslaughter, or a verdict of guilty but insane, or a verdict of concealment of birth in pursuance of section 49 of the Offences against the Person Ordinance, 1865.
Ordinance No. 2
of
(4) The said section 49 shall also apply in the case of the 1865. acquittal of a woman upon indictment for infanticide as it applies upon the acquittal of a woman for murder, and upon the trial of any person over the age of sixteen for infanticide it shall be lawful for the jury, if they are satisfied that the accused is guilty of an offence under section 26A of the Offences against the Person Ordinance, 1865, to find the accused guilty of such Ordinance an offence, and in that case that section shall apply accordingly.
PART IV.
:
PROCEEDINGS SUBSEQUENT TO TRIAL.
Reservation of question of law.
No. 2 of 1865.
sideration Court. [cf. No. 41
of the Full
78.—(1) The judge may reserve for the consideration of the Power to Full Court any question of law which may arise on the trial of reserve
question of any indictment, and, in case the accused person is convicted, law for con- may postpone judgment until such question has been considered and decided, and in the meanwhile may commit the person convicted to prison or take a recognizance of bail, with or without one or more sufficient sureties, and in such sum as may think fit, conditioned to appear at such time or times the court may direct and receive judgment.
he
of 1932, s. 118D & No.
as
8 of 1933, s.
2 (2) & (4).]
(2) Upon the consideration of the question so reserved it shall be lawful for the Full Court to affirm or to quash the conviction or to direct a new trial, and to make such other orders as may be necessary to give effect to its decision:
No comments yet.
Private notes are available after approval.