Particulars. Summary convic tions. Offences involving circumstances of aggravation. Charge of murder or manslaughter. Charge of homicide of child. Criminal Code. When an indictment has been amended, the trial is to proceed, at the appointed time, upon the amended indictment, and the same consequences ensue, in all respects and as to all persons, as if the indictment had been originally in its amended form. If it becomes necessary to draw up a formal record in any case in which an amendment has been made, the record is to be drawn up setting out the indictment as amended, and without taking any notice of the fact of the amendment having been made. 570. THE Court may, in any case, if it thinks fit, direct particulars to be delivered to the accused person of any matter alleged in the indictment, and may adjourn the trial for the purpose of such delivery. 571. THE provisions of this chapter relating to indictments apply to complaints preferred against offenders upon their trial before Justices in order to their summary conviction of an indictable offence. CHAPTER LXII. EFFECT OF INDICTMENT. 572. EXCEPT as hereinafter stated, upon an indictment charging a person with an offence committed with circumstances of aggravation, he may be convicted of any offence which is established by the evidence, and which is constituted by any act or omission which is an element of the offence charged, with or without any of the circumstances of aggravation charged in the indictment. 573. UPON an indictment charging a person with the crime of wilful murder, he may be convicted of the crime of murder or of the crime of manslaughter, if either of those crimes is established by the evidence, but not, except as herein expressly provided, of any other offence than that with which he is charged. Upon an indictment charging a person with the crime of murder, he may be convicted of the crime of manslaughter, if that crime is established by the evidence, but not, except as herein expressly provided, of any other offence than that with which he is charged. Upon an indictment charging a person with the crime of manslaughter he cannot, except as herein expressly provided, be convicted of any other offence. 574. PROVIDED that upon an indictment charging a person with the wilful murder or murder of any person, or with unlawfully killing any person, if upon the evidence it appears that the person alleged to have been killed was a child of which a woman had Criminal Code. had recently been delivered, the accused person may be convicted of the offence of preventing the child from being born alive by an act or 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, or of the offence of endeavouring by a secret disposition of the dead body of the child to conceal the birth, if either of those offences is established by the evidence. 575. UPON an indictment charging a person with the crime Charge of rape, and of rape, or with the crime of having unlawful carnal knowledge of like offences. a girl under the age of thirteen years, he may be convicted of any offence which is established by the evidence, and of which the unlawful carnal knowledge of a woman or girl, whether of a particular age or description or not, is an element, and blood relationship is not an element, or of which procuring the woman or girl to have unlawful carnal connection with any man is an element : Or he may be convicted of any of the offences following, that is to say : if (a.) Administering to the woman or girl, or causing her (b.) Unlawfully and indecently assaulting the woman or (c.) Unlawfully and indecently dealing with a girl under any such offence is established by the evidence. injury with speci 576. UPON an indictment charging a person with an offence Charge of specific of which the causing of some specific result is an element, he may injury: Charge of be convicted of any offence which is established by the evidence, and of which an intent to cause that result, or a result of a similar but less injurious nature, is an element. Upon an indictment charging a person with an offence of which an intent to cause some specific result is an element, he may be convicted of an offence which is established by the evidence and of which the unlawful causing of that result is an element. fic intent. 577. UPON an indictment charging a person with an offence Charge of injury to of which destruction of property, or wilfully and unlawfully doing property. any specific damage to property is an element, he may be convicted of wilfully and unlawfully damaging the property, or of wilfully and unlawfully damaging the property in any lesser degree, if either of such offences is established by the evidence. 578. Stealing, false pretences, and cheating. Charge of procuring commission of act. Criminal Code. 578. UPON an indictment charging a person with any of the offences following, that is to say:--- (a.) Stealing any property; (b.) Obtaining or inducing the delivery of any property by a false pretence and with intent to defraud; (c.) Procuring any other person to commit any such offence; (d.) Obtaining or inducing the delivery or payment of any property or money by means of a fraudulent trick or device; he may be convicted of any other of such offences committed with respect to the same property, if such other offence is established by the evidence. 579. UPON an indictment charging a person with procuring the commission of any offence, he may be convicted of procuring offence or wrongful the commission of any other offence of such a nature that a person may be convicted of it upon an indictment charging him with committing the offence of which the accused person is alleged to have procured the commission. Conviction for attempt to commit offence. Upon an indictment charging a person with procuring another to do an act or make an omission of such a nature that if the accused person had himself done the act or made the omission he would have been guilty of an offence, he may be convicted of procuring that other person to do any other act or make any other omission which is established by the evidence, and which is of such a nature that if the accused person had himself done that act or made that omission he would have been guilty of an offence, such last-named offence being itself of such a nature that a person may be convicted of it upon an indictment charging him with committing the offence of which the accused person would have been guilty if he had himself done the act or made the omission which he is alleged to have procured to be done or made. 580. UPON an indictment charging a person with committing any offence, he may be convicted of attempting to commit that offence, or of attempting to commit any other offence of which he might be convicted upon the indictment. Upon an indictment charging a person with procuring the commission of any offence, he may be convicted of attempting to procure the commission of that offence, or of attempting to procure the commission of any other offence of such a nature that a person may be convicted of it upon an indictment charging him with committing the offence of which the accused person is alleged to have procured the commission. Upon Criminal Code. Upon an indictment charging a person with attempting to commit any offence, he may be convicted of attempting to commit any other offence of such a nature that a person may be convicted of it upon an indictment charging him with committing the offence which the accused person is alleged to have attempted to commit. Upon an indictment charging a person with attempting to procure the commission of any offence, he may be convicted of attempting to procure the commission of any other offence of such a nature that a person may be convicted of it upon an indictment charging him with committing the offence of which the accused person is alleged to have attempted to procure the commission. Upon an indictment charging a person with attempting to procure another to do an act or make an omission of such a nature that if the act had been done or the omission had been made an offence would thereby have been committed, he may be convicted of attempting to procure that other person to do any other act or make any other omission of such a nature that if the act had been done or the omission had been made an offence would thereby have been committed, such last-mentioned offence being itself of such a nature that a person may be convicted of it upon an indictment charging him with doing the act or making the omission which the accused person is alleged in the indictment to have attempted to procure that other person to do or make. When evidence 581. IF, on the trial of a person charged with any indictable offence, the evidence establishes that he is guilty of another indict- shows offence of able offence of such a nature that upon an indictment charging similar nature. him with it he might have been convicted of the offence with which he is actually charged, he may be convicted of the offence with which he is so charged. A person so tried is not liable to be afterwards prosecuted for the offence so established by the evidence, unless the Court before which the trial is had thinks fit to discharge the jury from giving any verdict, and to direct the accused person to be indicted for that offence; in which case he may be dealt with in all respects as if he had not been put upon his trial for the offence with which he is actually charged. 582. A PERSON convicted under any of the foregoing pro- Effect of conviction. visions of this chapter is liable to the same punishment as if he had been convicted on an indictment charging him with the offence of which he is actually convicted. 583. IF, on the trial of a person charged with an indictable offence relating to elections, the evidence establishes that he is not guilty of the offence charged, but is guilty of an offence relating to Corrupt practices. Illegal practices. Charge of stealing cattle. Indictment for joint receiving. Right to be tried. Criminal Code. to elections and punishable on summary conviction, he may be convicted of such last-mentioned offence, and is liable to the same punishment as if he had been summarily convicted of that offence. 584. IF, on the trial of a person charged with an offence relating to elections and punishable on summary conviction, the evidence establishes that he is guilty of an indictable offence relating to elections, he is not entitled to have the charge dismissed if the evidence also establishes that he did any act or acts such as to constitute the offence with which he is actually charged. 585. IF, on the trial of a person charged with stealing a horse, mare, gelding, ass, mule, camel, bull, cow, ox, ram, ewe, wether, goat, pig, or dog, or the young of any such animal, the evidence establishes that he is not guilty of the offence charged, but is guilty of any of the offences following, that is to say : (a.) Unlawfully using, or taking for the purpose of using, the animal without the consent of the owner, or of the person in lawful possession thereof; (b.) Branding or marking the animal, or knowingly permitting it to be branded or marked, with his registered brand or registered mark, knowing that he is not the owner of the animal; (c.) Altering or defacing, or otherwise rendering undistinguishable, any registered brand or registered mark upon the animal; (d.) Knowingly permitting any such act as last aforesaid to be done by any person over whom he has control; he may be convicted of the offence so established by the evidence, and is liable to the same punishment as if he had been summarily convicted of that offence. 586. UPON an indictment charging two or more persons jointly with an offence of which the receiving of any property is an element, if the evidence establishes that one or more of them separately received any part or parts of the property under such circumstances as to constitute an offence, such one or more of the accused persons may be convicted of the offence or offences so established by the evidence. CHAPTER LXIII.--TRIAL: ADJOURNMENT: PLEAS: PRACTICE. 587. A PERSON committed for trial before any Court for any indictable offence may make application in open Court at any time |
