shall, upon conviction, suffer the same punishment as he would have suffered if the principal had been attainted. 1 ARTICLE 48. MISDEMEANORS. Every one who aids, abets, counsels or procures the commission of any misdemeanor, whether the same is a misdemeanor at common law, or by virtue of any Act, is guilty of a misdemeanor and liable to be tried, indicted and punished as a principal offender. 2 ARTICLE 49. OFFENCES PUNISHABLE ON SUMMARY CONVICTION. Every one who aids, abets, counsels or procures the commission of any offence punishable on summary conviction, either for every time of its commission, or for the first and second time only, or for the first time only, shall, on conviction, be liable for every first, second or subsequent offence of aiding, abetting, counselling or procuring, to the same forfeiture and punishment to which a person guilty of a first, second or subsequent offence as a principal offender, is liable. 1 R. S. C. c. 145, s. 7; 24 & 25 Vict. c. 94, s. 8. R. v. Esmonde 26 U. C. Q. B. 152. See also R. S. C. c. 35, s. 110 (4) as to misdemeanors under The Post Office Act. R. S. C. c. 145, s. 8; 11 & 12 Vict. c. 43, s. 5; 24 & 25 Vict. c. 96, s. 99, and c. 97, s. 63. CHAPTER VI. 1 DEGREES IN THE COMMISSION OF CRIME-INCITEMENT— CONSPIRACY-ATTEMPTS. 2 ARTICLE 50. INCITEMENT TO COMMIT A CRIME. 3 [EVERY one who incites any person to commit any crime commits a misdemeanor, whether the crime is or is not committed. 4 ARTICLE 51. CONSPIRACY TO COMMIT A CRIME. 5 When two or more persons agree to commit any crime, they are guilty of the misdemeanor called conspiracy, whether the crime is committed or not. 6 ARTICLE 52. DEFINITION OF ATTEMPTS. An attempt to commit a crime is an act done with 1 [2 Hist. Cr. Law, ch. xxii, pp. 221-241]. S. D. Art. 47. See Appendix, Note II. 3 [R. v. Higgins, 2 East, 5-22; R. v. Schofield, Cald. 397; R. v. Gregory, L. R. 1 C.C. 77. In R. v. Leddington, 9 C. & P. 79, a man was charged with inciting a man to commit suicide, and Alderson B.,, directed an acquittal, saying, "This is a case which by law we cannot try." The reasons for this direction are not given, and a note to the case does not make them clear. As to the case of R. v. Welham, see Appendix Note II]. Every one who incites any Indian to commit any indictable offence is guilty of felony and liable to five years' imprisonment. (R. S. C. c. 43, s. 112). Inciting a woman falsely to make an affidavit under C. S. U. C. c. 77, s. 6, that A is the father of her illegitimate child is a misdemeanor: R. v. Clement, 26 U. C. Q. B. 297. 4 S. D. Art, 48. Mulcahy v. R., L. R. 3 H. L. 317; R. v. Bunn, 12 Cox, C. C. 316; and see cases collected in Roscoe, Cr. Ev. 423-4]. R. v. Fellowes, 19 U. C. Q. B. 48; R. v. Roy, 11 L. C. J. 89; R. v. Downie, 13 R. L. 429; R. v. Bunting, 7 O. R. 524. 3. D. Art. 49. 7 [See cases referred to in Illustrations, and Draft Code, s. 74]. R. v. McCann, 28 U. C. Q. B. 514. An assault with intent to commit a crime is an attempt to commit such crime; John v. R. 15 Can. S. C. 384. [intent to commit that crime, and forming part of a series of acts which would constitute its actual commission if it were not interrupted. The point at which such a series of acts begins cannot be defined but depends upon the circumstances of each particular case. An act done with intent to commit a crime, the commission of which in the manner proposed was, in fact, impossible, is not an attempt to commit that crime. The offence of attempting to commit a crime may be committed in cases in which the offender voluntarily desists from the actual commission of the crime itself. Illustrations. (1.) A writes and sends to B a letter inciting B to commit a felony, B does not read the letter. A has attempted to incite B to commit a felony. (2.) 2 A procures dies for the purpose of coining bad money. A has attempted to coin bad money. (3.) 3 B is a contractor for the supply of meat to a regiment. A is B's servant, and his duty is to return the surplus meat to B, after weighing out a certain allowance to each mess. By using a short weight, A sets aside, as surplus, sixty pounds instead of fifteen pounds, intending to steal the forty-five pounds, and return the fifteen pounds to B. A's fraud is discovered before he carries the meat away. A attempts to steal the forty-five pounds as soon as he sets aside the sixty pounds. 4 (4.) A, by false pretences as to the number of loaves he had delivered under a contract, obtains credit in account for the loaves, and would have been paid for them but for the discovery of the fraud. This is an attempt to obtain money by false pretences, as it was the last step depending on the defendant towards obtaining it. 5 (5.) A procures indecent prints with intents to publish them. A has attempted to publish indecent prints. (Semble.) 6 (6.) A goes to Birmingham to buy dies to make bad money. A has not attempted to make bad money. 1 [R. v. Ransford, 31 L. T. (N.S.) 488. 2 Roberts' Case, Dearsley C. C. 539. 3 Cheeseman's Case, L. & C. 140. R. v. Eagleton, Dear. C. C. 515. Dugdale v. R., 1 E. & B. 435; R. v. Dugdale, Dearsley C. C. 64. Per Jarvis, C.J., in Roberts' Case, Dearsley C. C. 551. 1 [(7.) 1A having in his possession indecent prints, forms an intent to publish them. A has not attempted to publish indecent prints. (8.) A mistaking a log of wood for B, and intending to murder B, strikes the log of wood with an axe. A has not attempted to murder B. (9.) A puts his hand into B's pocket with intent to steal whatever he finds there; the pocket is empty. A has not attempted to steal from B's person. 3 (10.) A kneels down in front of a stack of corn, and lights a lucifer match, intending to set the stack on fire; but observing that he is watched blows it out. A has attempted to set fire to the stack. 4 1 ARTICLE 53. ATTEMPT-MISDEMEANOR. Every attempt to commit an offence, whether treason felony, or misdemeanor," is a misdemeanor, unless it is otherwise specially provided for.] 1 [Per Bramwell, B., in R. v. McPherson, D. & B. 201. Collin's Case, L. & C. 471. It is submitted, however, that he has committed an assault on B with intent to commit a felony, Article 314. 3 R. v. note (2). Taylor, 1 F. & F. 511.] See also R. v. Goodman, 22 U. C. C. P. 338, Art. 565 4 S. D. Art. 50. 5 [It is difficult to put a case of an attempt to commit treason, as an overt act done with intent to commit treason would generally be treason; see the next Chapter. In the case of treasons defined in Art. 62 there might be an attempt. See many cases collected in 1 Russ. Cr. 190, and 2 Hist. Cr. Law, 221-7.] PART II. OFFENCES AGAINST PUBLIC ORDER-INTERNAL AND EXTERNAL. CHAP. VII.-HIGH TREASON-TREA SONABLE FELONIES-ASSAULTS ON THE QUEEN, AND OTHER OFFENCES AGAINST THE QUEEN'S AUTHORITY. CHAP. VIII-CHALLENGES-PRIZE FIGHTING AFFRAYS- UNLAWFUL ASSEMBLIES-ROUTS-RIOTS NEAR PUBLICWORKS-UNLAWFUL CHAP. IX.-OFFENCES AGAINST IN- TERNAL PUBLIC TRANQUILLITY— - UNLAWFUL DRILLING-FOR- CHAP. X.-OFFENCES AGAINST Ex- CHAP. XI.-OFFENCES AGAINST PER- *CHAPTER VII. HIGH TREASON, TREASONABLE FELONIES, ASSAULTS ON THE QUEEN, AND OTHER OFFENCES AGAINST THE QUEEN'S AUTHORITY. 2 1 ARTICLE 54. HIGH TREASON BY IMAGINING THE QUEEN'S DEATH. [EVERY one commits high treason who forms and displays by any overt act, or by publishing any printing or writing, an intention to kill or destroy the Queen, or do her any bodily harm tending to death or destruction, maim or wounding, imprisonment or restraint. [See 2 Hist. Cr. Law, ch. xxiii. pp. 241-97, and Draft Code, Part V.] 1 S. D. Art. 51. 2 [25 Edw. 3, st. 5, c. 2; 36 Geo. 3, c. 7, ss. 1, 6; 57 Geo. 3, c. 6; 11 & 12 Vict. c. 12, s. 3; Draft Code, s. 75.] R. S. C. c. 146, ss. 1, 9. |