the-ordinances-of-the-legislative-counci-1890 — Page 373

ORDINANCE No. 6 OF 1856. 337


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 The term dwel
ing house, &c.,
shall be a sufti
entering and stealing in a shop, warehouse, or counting house, or a building within the cient description
in cases of
curtilage of a dwelling house, it shall be sufficient to describe the place wherein the burglary, &c.
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 Persons charged
with burglary,
immediately preceding, the facts proved in evidence shall authorise a conviction for & c., may be
convicted of
some other or others of the said offences and not the offence wherewith the defendant house-breaking,
&c.
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.

4. Aiders and abettors may be charged in any information for felony as principals Aiders and
abettors may be
in the first degree, even where the punishment of such aiders or abettors as appointed charged as
principals.
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 Persons charged
as principals may
shall, if the facts given in evidence at their trial amount to proof that they were be convicted as
accessories.
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 Joinder of
offences in one
information.
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 Jurisdiction over
offences on the
in foreign parts, the allegation that the party injured was at the time of the offence high seas, &c.,
how alleged.
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 oath by a person Prisoners' state
ments on oath.
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.