Criminal Code. Maliciously administering poison with intent to harm. Wounding and similar acts. Failure to supply necessaries. stance, an explosion in Western Australia of a nature (2.) Makes or has in his possession or under his control, any Whether any explosion does or does not take place, and whether The term " explosive substance" in this section includes any materials for making any explosive substance; also, any apparatus, machine, implement, or materials, used or intended to be used or adapted for causing, or aiding in causing, any explosion in or with any explosive substance; also, any part of any such apparatus, machine, or implement. For the purpose of and incidental to arrest, trial, and punishment, a crime for which a person is liable to be punished under this section, when committed out of Western Australia, is deemed to have been committed in the place in which such person is apprehended or is in custody. 298. ANY person who unlawfully, and with intent to injure or annoy another, causes any poison or other noxious thing to be administered to or taken by any person, and thereby endangers his life, or does him some grievous bodily harm, is guilty of a crime and is liable to imprisonment with hard labour for fourteen years. 299. ANY person who (1.). Unlawfully wounds another; or (2.) Unlawfully, and with intent to injure or annoy any person, causes any poison or other noxious thing to be administered to or taken by any person; is guilty of a misdemeanour, and is liable to imprisonment with hard labour for three years. 300. ANY person who, being charged with the duty of providing for another the necessaries of life, without lawful excuse fails to do so, whereby the life of that other person is or is likely to be endangered or his health is or is likely to be permanently injured, is guilty of a misdemeanour, and is liable to imprisonment with hard labour for three years. 301. Criminal Code. 301. ANY person who, being charged as a master or mistress Endangering life or with the duty of providing necessary food, clothing, or lodging health of apprenfor a servant or apprentice under the age of sixteen years, unlaw- tices or servants. fully fails to perform that duty, or in any other manner does any bodily harm or causes any bodily harm to be done to such servant or apprentice, whereby, in either case, the life of such servant or apprentice is or is likely to be endangered, or his health is or is likely to be permanently injured, is guilty of a misdemeanour, and is liable to imprisonment with hard labour for three years. 302. ANY person who unlawfully abandons or exposes a Endangering life of child under the age of seven years, whereby the life of such child children by expos is or is likely to be endangered, or his health is or is likely to be ure. permanently injured, is guilty of a misdemeanour, and is liable to imprisonment with hard labour for three years. 303. ANY person who sets or places any spring-gun, mantrap, or other engine calculated to destroy human life or to inflict grievous bodily harm, or causes any such thing to be set or placed in any place with the intent that it may kill or inflict grievous bodily harm upon a trespasser or other person coming in contact with it, or sets or places any such thing in any such place and in any such manner that it is likely to cause any such result, is guilty of a misdemeanour, and is liable to imprisonment with hard labour for three years. Any person who knowingly permits any such spring-gun, man-trap or other engine, which has been set or placed by another person in any such place and in any such manner that it is likely to cause any such result, to continue so set or placed in any place which is then in or afterwards comes into his possession or occupation, is deemed to have set and placed the gun, trap, or engine with the intent aforesaid. This section does not make it unlawful to set any gin or trap such as is usually set for the purpose of destroying vermin; or to set any spring-gun, man-trap, or engine, at night in a dwellinghouse for the protection of the dwelling-house. Setting man-traps. 304. ANY person who unlawfully does any act or omits to Negligent acts do any act which it is his duty to do, by which act or omission causing harm. bodily harm is actually caused to any person, is guilty of a misdemeanour, and is liable to imprisonment with hard labour for two years. 305. ANY person who, by any unlawful act, or by any omisEndangering safety sion to do any act which it is his duty to do, causes the safety of of persons travelany person travelling by any railway to be endangered, is guilty ling by railway. of Sending or taking unseaworthy ships to sea. Endangering steamships by tampering with machinery. neers. Criminal Code. of a misdemeanour, and is liable to imprisonment with hard labour for two years. (1.) Sends or attempts to send a ship to sea in such an unseaworthy state that the life of any person is likely to be thereby endangered; or (2.) Being a master of a British ship, knowingly takes or attempts to take the ship to sea in such an unseaworthy state that the life of any person is likely to be thereby endangered; is guilty of a crime, and is liable to imprisonment with hard labour for fourteen years. It is a defence to a charge of any of the offences defined in this section to prove that the going of the ship to sea in such unseaworthy state was, under the circumstances, reasonable and justifiable. It is a defence to a charge of either of the offences firstly defined in this section to show that the accused person used all reasonable means to ensure the ship being sent to sea in a seaworthy state. 307. ANY person who, being a person having actual control over a steam vessel, or over any part of the machinery of a steam vessel, does any act or makes any omission or is privy to any act or omission with respect to the machinery of the vessel, whereby, to his knowledge, the safety of any person on board the vessel is or is likely to be endangered, is guilty of a misdemeanour, and is liable to imprisonment with hard labour for three years. 308. ANY person who is engineer, or one of the engineers, The like by engi- in charge of the machinery of a steam vessel at any time when any act is done or omitted to be done by any other person with respect to the machinery of the vessel, whereby the safety of any person on board the vessel is or is likely to be endangered, is guilty of an offence, and is liable on summary conviction to a fine of One hundred pounds. Evading laws as to equipment of ships and shipping dangerous goods. It is a defence to a charge of the offence defined in this section to prove that the act or omission was done or made without the knowledge of the accused person, and without any neglect or default on his part. 309. ANY person who (1.) Being a person having actual control over a vessel on board of which any article has been placed with his knowledge or consent in order to the obtaining of permission or authority to leave a port, removes or allows the Criminal Code. the removal of such article from the vessel after such (2.) Knowingly sends by any vessel, or carries in any vessel, is guilty of a misdemeanour, and is liable to imprisonment with hard 310. ANY person who (1.) Being charged by law with any duty respecting the is guilty of a misdemeanour, and is liable to imprisonment with This section does not apply to gunpowder the property of His Majesty while it is under the control of an officer of His Majesty's army or navy, or ordnance, or of the Defence Force of the Commonwealth of Australia. CHAPTER XXX.-ASSAULTS. Landing explosives. 311. ANY person who unlawfully assaults another is guilty Common assault. of a misdemeanour, and is liable, if no greater punishment is provided, to imprisonment with hard labour for one year. 312. ANY person who assaults another with intent to have Assault with intent carnal knowledge of him or her against the order of nature is guilty to commit unof a crime, and is liable to imprisonment with hard labour for natural offence. fourteen years. 313. ANY person who unlawfully and indecently assaults any Indecent assault on male person is guilty of a misdemeanour, and is liable to imprison males. ment with hard labour for three years. Assaults on persons 314. ANY person who unlawfully assaults and uses actual violence to a justice or any other person while acting in the execu- protecting wrecks. tion of his duty in or concerning the preservation of a vessel in distress, or of any vessel or goods wrecked, stranded, or cast on shore, or lying under water, is guilty of a crime, and is liable to imprisonment with hard labour for seven years. 315. Assaults occasion ing bodily harm. Serious assaults. Criminal Code. 315. ANY person who unlawfully assaults another and thereby does him bodily harm is guilty of a misdemeanour, and is liable to imprisonment with hard labour for three years. 316. ANY person who-- (1.) Assaults another with intent to commit a crime, or with intent to resist or prevent the lawful arrest or detention of himself or of any other person; or (2.) Assaults, resists, or wilfully obstructs a police officer while acting in the execution of his duty, or any person acting in aid of a police officer while so acting; or (3.) Unlawfully assaults, resists, or obstructs any person engaged in the lawful execution of any process against any property, or in making a lawful distress while so engaged; or (4.) Assaults, resists, or obstructs any person engaged in such lawful execution of process, or in making a lawful distress, with intent to rescue any property lawfully taken under such process or distress; or (5.) Assaults any person on account of any act done by him in the execution of any duty imposed on him by law; or (6.) Assaults any person in pursuance of any unlawful conspiracy respecting any manufacture, trade, business, or occupation, or respecting any person or persons concerned or employed in any manufacture, trade, business, or occupation, or the wages of any such or persons; person is guilty of a misdemeanour, and is liable to imprisonment with hard labour for three years. CHAPTER XXXI.-ASSAULTS PUNISHABLE ON SUMMARY CONVICTION. Jurisdiction of Some assaults not 317. ANY person who unlawfully assaults another may, subject to the provisions of this chapter, be summarily convicted before two justices. 318. IF the justices find that the assault complained of was to be so dealt with. accompanied by an attempt to commit a crime, or if for any reason the justices are of opinion that the charge is a fit subject for prosecution by indictment, they are required to abstain from dealing with the case summarily. 319. |