Sivut kuvina
PDF
ePub
[ocr errors][ocr errors][ocr errors][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small]

(3.) The

power of any Court to punish a person for
contempt of such Court; or

(4.) The liability or trial of a person, or the punish-
ment of a person under any sentence passed or
to be passed, in respect of any act done or
commenced before the commencement of this
Code; or

(5.) Any power of Her Majesty, or of the Governor
as the representative of Her Majesty, to grant
a pardon, or to remit or commute in whole or
in part, or to respite, the execution of any
sentence passed or to be passed; or

(6.) Any of the statutes, regulations, or articles for
the time being in force for the government of
Her Majesty's military or naval forces:

Provided that if a person does an act which is punishable
under this Code, and is also punishable under another
statute of any of the kinds mentioned in this section, he
shall not be punished for that act both under that statute
and also under this Code.

Part II.-General and Special Rules of Criminal Law.

TITLE II.-GENERAL EXPLANATIONS.

relating to intent.

14. (1.) If a person does an act for the purpose of Provisions thereby causing or contributing to cause an event, he intends to cause that event, within the meaning of this Code, although either in fact or in his belief, or both in fact and also in his belief, the act is unlikely to cause or to contribute to cause the event.

(2.) If a person does an act voluntarily, believing that it will probably cause or contribute to cause an event, he intends to cause that event, within the meaning of this Code, although he does not do the act for the purpose of causing or of contributing to cause the event.

(3.) If a person does an act of such a kind or in such a manner as that, if he used reasonable caution and observation, it would appear to him that the act would probably cause or contribute to cause an event, or that there would be great risk of the act causing or contributing to cause an event, he shall be presumed to have intended to cause that

Provisions relating to intent.

Provisions

relating to negligence.

event, until it is shown that he believed that the act would probably not cause or contribute to cause the event.

(4.) If a person, intending to cause an event with respect to one or some of several persons or things, or to such indeterminate person or thing as may happen to be affected by his act, causes such event with respect to any such person or thing, he shall be liable in the same manner as if he had intended to cause the event with respect to that person or thing.

(5.) If a person does an act with intent to assault, harm, kill, or cause any other event to a particular person, and his act happens to take effect, whether completely or incompletely, against a different person, he shall be liable to be tried and punished as if his intent had been directed against that different person; but any ground of defence or extenuation shall be admissible on behalf of the accused person which would have been admissible if his act had taken effect against the person or in respect of the thing against whom or in respect of which he intended it to take effect.

Illustrations.

Subs. (1.) A. discharges a gun for the purpose of shooting B., and actually hits him. It is immaterial that B. was at such a distance, or in such a situation, that the shot would most probably miss B.

Subs. (2.) A., for the purpose of causing the miscarriage of B., administers to her a medicine which he knows to be dangerous to life. It is immaterial that he earnestly desires to avoid causing B.'s death, and uses every precaution to avoid causing it.

Subs. (3.) A. discharges a gun among a crowd of persons, and one of them is shot. A. must be presumed to have intended to cause harm, unless he can show that he had such ground for believing that harm would not be caused, that his act was merely negligent.

Subs. (4.) A., in the last illustration, is punishable as if he had purposed to cause the harm to the person to whom it was in fact caused.

Subs. (5.) A. unlawfully strikes at B., but the blow happens to miss B., and to hit a constable. A. is punishable as if he had purposed to hit the constable, but he is not liable to the increased punishment provided by section 171 for an intentional assault on a

constable.

15.-(1.) A person causes an event negligently if, without intending to cause the event, he causes it by a voluntary act, done without such skill and precaution as are reasonably necessary under the circumstances, or as he is in the particular case bound by law to have and use, for preventing the event from being caused.

[ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][merged small][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors][ocr errors]

(2.) Moreover, if an act is such that, notwithstanding the use of skill and precaution, it is likely to cause an event which there is no justification for causing, the act (if not done with intent to cause that event) is negligently done with reference to causing that event, even though it be done with skill and precaution.

Illustrations.

Subs. (1.)-(a.) A., a woman having no knowledge of midwifery, acts as a midwife, and through her want of skill she causes death. Here, if A. knew that a properly qualified midwife or surgeon could be procured, the fact of. A. so acting, without possessing proper skill and without any necessity for so acting, is evidence of negligence, although it appears that she did her best. But if the emergency was sudden, and no properly qualified midwife or surgeon could be procured, A. is not guilty of negligence, provided she did the best she could under the circumstances.

(b.) A chemist sells poison so made up as to be liable to be mistaken for a harmless medicine. This is evidence of negligence.

(c) If the law directs poisons to be sold only in bottles of a particular kind, and the chemist sells poison in a common bottle, this is evidence of negligence, even though the common bottle be labelled "Poison."

Subs. (2.)-(a.) A., knowing a horse to be dangerously vicious, rides it through a crowd, and it becomes excited by the noise and throng, and kicks B. A. is within this sub-section, notwithstanding that he had and used all possible skill in riding.

(b.) An acrobat carries a child on a tight-rope at a great height. He happens to miss his footing and the child is killed. He is guilty of manslaughter, notwithstanding that he had and used all possible skill in rope-walking.

causing an

16.—(1.) If a person intentionally or negligently causes Provisions
any involuntary agent to cause an event, that person shall relating to
be deemed to have caused the event. "Involuntary agent" event.
means any animal or other thing, and also any person who
is exempted from liability to punishment for causing the
event, by reason of infancy, or insanity, or otherwise,
under the provisions of Title VI. of this Code.

(2.) If an event is caused by the acts of several persons
acting either jointly or independently, each of those persons
who has intentionally or negligently contributed to cause
the event shall, subject to the provisions of the next sub-
section of this section, and to the provisions of Title V. p. 618.
of this Code with respect to abetment, be deemed to have
caused the event; but any matter of exemption, justifica-

p. 622.

[ocr errors]

Jns

14

[merged small][ocr errors][subsumed]

tion, extenuation, or aggravation which exists in the case of any one of those persons shall have effect in his case, whether it exists or not in the case of any of the other

persons.

(3.) A person shall not be convicted of having inten tionally or negligently caused an event if, notwithstanding his act and the acts of any person acting jointly with him. the event would not have happened but for the existence of some state of facts or the intervention of some other event or of some other person, the probability of the existence or intervention of which other event or person the accused person did not take into consideration, and had no reason to take into consideration. This provision shall not apply where a person is charged with having caused an event by an omission to perform a duty for averting the event.

(4.) If a person beyond the jurisdiction of the Courts causes any involuntary agent to cause an event within the jurisdiction, he shall be deemed to have caused the event within the jurisdiction.

(5.) Subject to the provisions of this section, and to the special provisions of any particular title of this Code, it is a question of fact whether an event is fairly and reasonably to be ascribed to a person's act as having been caused thereby.

(6.) A person shall not, by reason of anything in this section, be relieved from any liability in respect of an attempt to cause an event; and a person shall not, by reason of anything in this section, be relieved from any liability in respect of negligent conduct, if such negligent conduct is punishable under this Code irrespectively of whether it actually causes any event.

Illustrations.

Subs. (1.)—(a.) A. gives poisoned sweetmeats to a child, who eats some and gives the rest to other children. A. has poisoned the first child and also the other children.

(b.) A. induces a child under seven years of age to steal a thing for him. A. has stolen the thing.

(c.) A. induces a madman to kill himself. A. has killed the madman.

(d.) A. causes a dog to harm B. A. has caused the harm to B. Subs. (2.) A railway collision is caused partly by the neglect of A., a station-master, to signal a train; partly by the neglect of B., a pointsman, to arrange the points; partly by the carelessness of C., D., E., and F, the drivers and guards of the train. A., B.,

[merged small][ocr errors][ocr errors][merged small][ocr errors][ocr errors][merged small][merged small][ocr errors]
[merged small][merged small][ocr errors][ocr errors]

C., D., E., and F. have each caused the collision, although it would
not have happened if any one of them had used proper skill and
precaution.

Subs. (3.)-(a.) A. rides a vicious horse in a crowd. B. wantonly
strikes the horse, and it kicks C. In this case B., and not A., has
caused the harm to C.

(b.) A., who is a signalman, improperly leaves his post. B., who is a trespasser, in A.'s absence unlawfully alters the signals, and a collision ensues. A. is punishable as for having negligently caused the collision by omission to attend to his duty. B. is also punishable for having intentionally or negligently caused the collision.

Subs. (4.) A. in Lagos posts a letter to B. in Accra, borrowing money from B. on the credit of a cargo which A. by the letter falsely represents that he has shipped for B. B. sends the money on the faith of the representation. A. has defrauded B. in Accra.

Subs. (6.) A. shoots from a distance at B., who is on horseback, with intent to maim him. B.'s horse is startled by the shot and throws B., who is killed by the fall. Here, by reason of the rule in subs. (3), A. cannot be convicted of having intentionally or negligently killed B. (unless he expected, or had reason to expect, that B.'s horse would be startled). But A. is punishable for his attempt to kill B.

relating to consent.

17. In construing any provision of this Code by which Provisions it is required for a criminal act or criminal intent that an act should be done or intended to be done without a person's consent, or by which it is required for a matter of justification or exemption that an act should be done with a person's consent, the following rules shall be observed, namely,—

(1.) A consent shall be void if the person giving it is
under seven years of age, or is, by reason of
insanity, or of immaturity, or of any other
permanent or temporary incapacity, whether
from intoxication or any other cause, unable
to understand the nature or consequences of
the act to which he consents;
(2.) A consent shall be void if it is obtained by means
of deceit or of duress;

(3.) A consent shall be void if it is obtained by the
undue exercise of any official, parental, or other
authority; and any such authority which is
exercised otherwise than in good faith for the
purposes for which it is allowed by law, shall
be deemed to be unduly exercised
(4.) A consent given on behalf of a person by his

[merged small][merged small][merged small][ocr errors]
« EdellinenJatka »