Criminal Code. Death by acts done 269. WHEN a child dies in consequence of an act done or omitted to be done by any person before or during its birth, the at childbirth. person who did or omitted to do such act is deemed to have killed the child. threats. 270. A PERSON who, by threats or intimidation of any kind, or by deceit, causes another person to do an act or make an omis- Causing death by sion which results in the death of that other person, is deemed to have killed him. death. 271. A PERSON who does any act or makes any omission which hastens the death of another person who, when the act is Acceleration of done or the omission is made, is labouring under some disorder or disease arising from another cause, is deemed to have killed that other person. or 272. WHEN a person causes a bodily injury to another from When injury which death results, it is immaterial that the injury might have death might be prebeen avoided by proper precaution on the part of the person injured, vented by proper or that his death from that injury might have been prevented by proper care or treatment. precaution. 273. WHEN a person does grievous bodily harm to another, Injuries causing and such other person has recourse to surgical or medical treatment, death in conse and death results either from the injury or the treatment, he is quence of deemed to have killed that other person, although the immediate quent treatment. cause of death was the surgical or medical treatment; provided that the treatment was reasonably proper under the circumstances, and was applied in good faith. 274. A PERSON is not deemed to have killed another if the Limitation as to death of that other person does not take place within a year and a time of death. day of the cause of death. Such period is reckoned inclusive of the day on which the last unlawful act contributing to the cause of death was done. When the cause of death is an omission to observe or perform a duty, the period is reckoned inclusive of the day on which the omission ceased. When the cause of death is in part an unlawful act, and in part an omission to observe or perform a duty, the period is reckoned inclusive of the day on which the last unlawful act was done or the day on which the omission ceased, whichever is the later. 275. ANY person who unlawfully kills another is guilty of a crime which is called wilful murder, murder, or manslaughter, according to the circumstances of the case.· 276 Unlawful homicide. Definition of wilful murder. Definition of murder. Definition of manslaughter. tion. Criminal Code. 276. EXCEPT as hereinafter set forth, a person who unlawfully kills another, intending to cause his death or that of some other person, is guilty of wilful murder. 277. EXCEPT as hereinafter set forth, a person who unlawfully kills another under any of the following circumstances, that is to say : (1.) If the offender intends to do to the person killed or to (2.) If death is caused by means of an act done in the prose- (5.) If death is caused by wilfully stopping the breath of is guilty of murder. In the first case it is immaterial that the offender did not intend to hurt the particular person who is killed. In the second case it is immaterial that the offender did not intend to hurt any person. In the three last cases it is immaterial that the offender did not intend to cause death or did not know that death was likely to result. 278. A PERSON who unlawfully kills another under such circumstances as not to constitute wilful murder or murder is guilty of manslaughter. 279. WHEN a person who unlawfully kills another under Killing on provoca- circumstances which, but for the provisions of this section, would constitute wilful murder or murder, does the act which causes death in the heat of passion caused by sudden provocation, and before there is time for his passion to cool, he is guilty of manslaughter only. Punishment of murder. 280. ANY person who commits the crime of wilful murder or murder is liable to the punishment of death. 281. Criminal Code. 281. ANY person who- (1.) Attempts unlawfully to kill another; or (2.) With intent unlawfully to kill another does any act, is guilty of a crime, and is liable to imprisonment with hard labour Attempt to murder. 282. ANY person who becomes an accessory after the fact Accessory after the to wilful murder or murder is guilty of a crime, and is liable to fact to murder. imprisonment with hard labour for life. Written threats to 283. ANY person who, knowing the contents thereof, directly or indirectly causes any person to receive any writing threaten- murder. ing to kill any person, is guilty of a crime, and is liable to imprisonment with hard labour for seven years. Conspiring to 284. ANY person who conspires with any other person to kill any person, whether such person is in Western Australia or murder. elsewhere, is guilty of a crime, and is liable to imprisonment with hard labour for fourteen years. 285. ANY person who commits the crime of manslaughter is liable to imprisonment with hard labour for life. 286. ANY person who (1.) Procures another to kill himself; or (2.) Counsels another to kill himself and thereby induces him to do so; or (3.) Aids another in killing himself; is guilty of a crime, and is liable to imprisonment with hard labour for life. Punishment of manslaughter. Aiding suicide. 287. ANY person who attempts to kill himself is guilty of a misdemeanour, and is liable to imprisonment with hard labour Attempting to for one year. commit suicide. Killing unborn 288. ANY person who, when a woman is about to be delivered of a child, prevents the child from being born alive by any act or child. omission of such a nature that, if the child had been born alive and had then died, he would be deemed to have unlawfully killed the child, is guilty of a crime, and is liable to imprisonment with hard labour for life. 289. Concealing the birth of children. Disabling in order to commit indictable offence. stupefying in order to commit indictable offence. Acts intended to cause grievous bodily harm or prevent arrest. Criminal Code. 289. ANY person who, when a woman is delivered of a child endeavours, by any secret disposition of the dead body of the child, to conceal the birth, whether the child died before, at, or after its birth, is guilty of a misdemeanour, and is liable to imprisonment with hard labour for two years. CHAPTER XXIX.-OFFENCES ENDANGERING LIFE OR HEALTH. 290. ANY person who, by means of violence of any kind and with intent to commit or to facilitate the commission of an indictable offence, or to facilitate the flight of an offender after the commission or attempted commission of an indictable offence, renders or attempts to render any person incapable of resistance, is guilty of a crime, and is liable to imprisonment with hard labour for life, with or without whipping. 291. ANY person who, with intent to commit or to facilitate the commission of an indictable offence, or to facilitate the flight of an offender after the commission or attempted commission of an indictable offence, administers, or attempts to administer any stupefying or overpowering drug or thing to any person, is guilty of a crime, and is liable to imprisonment with hard labour for life. 292. ANY person who, with intent to maim, disfigure, or disable any person, or to do some grievous bodily harm to any person, or to resist or prevent the lawful arrest or detention of any persosi,-- (1.) Unlawfully wounds or does any grievous bodily harm to any person by any means whatever; or 2.) Unlawfully attempts in any manner to strike any person with any kind of projectile; or (3.) Unlawfully causes any explosive substance to explode; or (4.) Sends or delivers any explosive substance or other dangerous or noxious thing to any person; or (5.) Causes any such substance or thing to be taken or received by any person; or (6.) Puts any corrosive fluid or any destructive or explosive substance in any place; or (7.) Unlawfully casts or throws any such fluid or substance at or upon any person, or otherwise applies any such fluid or substance to the person of any person ; is guilty of a crime, and is liable to imprisonment with hard labour for life. 293. Criminal Code. 293. ANY person who unlawfully (1.) Prevents or obstructs any person who is on board of or is guilty of a crime, and is liable to imprisonment with hard labour Preventing escape from wreck. 294. ANY person who, with intent to injure or to endanger Intentionally enthe safety of any person travelling by any railway, whether a dangering safety of particular person or not,-- (1.) Deals with the railway, or with anything whatever, (2.) Shows any light or signal, or in any way deals with any (3.) By any omission to do any act which it is his duty to is guilty of a crime, and is hable to imprisonment with hard labour persons travelling by railway. 295. ANY person who unlawfully does grievous bodily harm Grievous bodily to another is guilty of a crime, and is liable to imprisonment with harm. hard labour for seven years. life. 296. ANY person who wilfully and unlawfully causes by any Causing explosion explosive substance an explosion likely to endanger the life of likely to endanger any person, whether any injury to any person is actually caused or not, is guilty of a crime, and is liable to imprisonment with hard labour for life. For all purposes of and incidental to arrest, trial, and punishment, the crime when committed out of Western Australia is deemed to have been committed in the place in which the person liable to be punished under this section is apprehended or is in custody. Attempting to 297. ANY person who, within or (being a subject of His Majesty) without His Majesty's dominions, wilfully and unlawfully cause explosion (1.) Does any act with intent to cause by an explosive likely to endanger substance, or conspires to cause by an explosive sub stance, |
