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Criminal Code. 269. WHEN a child dies in consequence of an act done or Death hy aets done 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.

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

threats. sion which results in the death of that other person, is deemed to have killed him.

Acceleration of

271. A PERSON who does any act or makes any omission which hastens the death of another person who, when the act is death. 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 which death results, it is immaterial that the injury might have death might be pre

When injury been 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 precaution. proper care or treatment.

subst

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 conseand 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.

inclusive of the day

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

on which the last unlawful act was done or the day on which the omission ceased, whichever is the later.

276. 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.

Criminal Code.

Definition of wilful murder.

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.

Definition of 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

some other person some grievous bodily harm ; (2.) If death is caused by means of an act done in the prose

cution of an unlawful purpose, which act is of such

a nature as to be likely to endanger human life; (3.) If the offender intends to do grievous bodily harm to

some person for the purpose of facilitating the commission of a crime which is such that the offender may be arrested without warrant, or for the purpose of facilitating the flight of an offender who has com

mitted or attempted to commit any such crime : (4.) If death is caused by administering any stupefying or

overpowering thing for either of the purposes last

aforesaid ; (5.) If death is caused by wilfully stopping the breath of

any person for either of such purposes ; 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.

Definition of manslaughter.

278. A PERSON who unlawfully kills another under such circumstances as not to constitute wilful murder or murder is guilty of manslaughter.

tion.

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.

280. ANY person who commits the crime of wilful murder or murder is liable to the punishment of death.

Punishment of murder.

281.

Criminal Code.

Attempt to murder,

281. ANY person who--

(1.) Attempts unlawfully to kill another; or
(2.) With intent unlawfully to kill another does any act,

or omits to do any act which it is his duty to do, such
act or omission being of such a nature as to be likely

to endanger human life ;
is guilty of a crime, and is liable to imprisonment with hard labour
for life.

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 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 Punishment of is liable to imprisonment with hard labour for life.

manslaughter.

Aiding suicide.

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.

287. ANY

ANY person who attempts to kill himself is guilty of a misdemeanour, and is liable to imprisonment with hard labour Attempting to

commit suicide.

for one year.

288. ANY person who, when a woman is about to be delivered

Killing unborn 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.

Criminal Code.

Concealing the birth of children.

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.

Disabling in order to commit indictable offence.

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.

otupefying in order to commit indictable offence.

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 overpoweriög drug or thing to any person, is guilty of a crime, and is liable to imprisonment with hard labour for life.

Acts intended to cause grievous bodily harm or prevent arrest.

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 person, (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 re

ceived 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. stance,

Criminal Code.

Preventing escape from wreck.

293. ANY person who unlawfully-
(1.) Prevents or obstructs any person who is on board of or

is escaping from a vessel which is in distress or wrecked

or cast ashore, in his endeavours to save his life; or (2.) Obstructs any person in his endeavours to save the life

of any person so situated ; is guilty of a crime, and is liable to imprisonment with hard labour for life.

by railway.

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,--

persons travelling (1.) Deals with the railway, or with anything whatever,

upon or near the railway in such a manner as to affect
or endanger the free and safe use of the railway or the

safety of any such person ; or
(2.) Shows any light or signal, or in any way deals with any

existing light or signal, upon or near the railway; or
(3.) By any omission to do any act which it is his duty to

do causes the safety of any such person to be endan

gered ; is guilty of a crime, and is liable to imprisonment with hard labour for life.

295. ANY person who unlawfully does grierous bodily harm Grievous bodily to another is guilty of a crime, and is liable to imprisonment with harm. hard labour for seven years.

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 life. not, is guilty of a crime, and is liable to imprisonment with hard labour for life. For all purposes of and incidental

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.

297. ANY person who, within or (being a subject of His

Attempting to Majesty) without His Majesty's dominions, wilfully and unlawfully

cause explosion act with intent to cause by an explosive life.

likely to endanger (1.) Does any act with intent to substance, or conspires to cause by an explosive sub

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