Download Jamaican Law: Offences Against the Person and more Lecture notes Acting in PDF only on Docsity!
ARRANGEMENT OF S E ~ T I O N S
- Short title.
-THE OFFENCES AGAINST
Z
Homicide
- Murder.
THE PERSON ACT
- Sentence for murder. Sentence of death not to be passed on pregnant woman. Procedure where woman convicted bfcapital offence alleges she is pregnant. 3A. Procedure regarding murder charge. 3 B. [Repealed by Act I of2005. 3C. Provisions as to appeals in relation to repeated and multiple murders. 3 0. Provisions as to procedure regarding two or more murders tried together.
- Abolition of "constructive malice". 5. Persons suffering from diminished responsibility. 6. Provocation.
- Suicide pact. 8. Conspiring or soliciting to commit murder.I
9. Manslaughter. I
- Excusable homicide. (^) ~ 1 1. Petit treason.
- Provision for trial of certain cases o murder or manslaughter.^1 4 Attempts to ~ u A d e r
- Administering poison, or wounding with intent to murder. 14, Destroying or damaging building with intent to murder. I 15. Setting fire to ship, etc., with intent to murder. 16. Attempting to administer poison, eti., with intent to murder.
- By other means attempting to comdit I murder. Letters Threatening /o I Murder 18. Letters threatening to murder. iI [The inclusion of this page is author~zed^ J by L.S. 123R
2 OFFENCES AGAINST THE PERSON
Acts Causing or Tending to Cause Danger to Life, or Bodily Harm
- Preventing person endeavouring to save his life in shipwreck.
- Shooting or attempting to shoot or wounding with intent to do grievous bodily harm. 2 1. What shall be deemed loaded arms.
- Unlawful wounding.
- Attempting to choke, etc., in order to commit indictable offence.
- Administering drug with intent to commit indictable offence.
- Administering poison so as to endanger life or inflict grievous bodily harm.
- Administering poison with intent to injure or annoy.
- Jury may acquit of felony, and find guilty of misdemeanour.
- Abandoning or exposing child whereby life endangered.
- Causing bodily injury by explosion of gunpowder.
- Causing gunpowder to explode, etc., with intent to do grievous -bodily harm. 3 1. Placing wood on railway, etc., with intent to endanger safety of passengers.
- Doing anything to endanger safety of passengers on railway.
- Genocide. Assaults
- Obstructing clergyman in the performance of his duties.
- Assaulting magistrate when preserving wreck.
- Assault with intent to commit felony, or on constable, etc.
- Hindering seaman from working at his trade, etc.
- Using violence to deter person from buying or selling.
- Summary jurisdiction to try common assaults.
- Aggravated assaults on women or children. 4 1. Justices may dismiss complaint, certifying dismissal.
- Certificate or conviction to be a bar to further proceedings.
- Punishment for common and aggravated assaults.
i"47. f~~~~~~~ by Act 12 of2009.] I '
l T h e ~ncluslonof this page 1 s author17rd by I. \ 123120111
OFFENCES AGAINST THE PERSON
Unnatural Oflences
- Unnatural crime.
- Attempt.
Proof of Carnal Knowledge
- Proof of carnal knowledge. Olrtrages on Decency
- Outrages on decency. Other Matters
- Apprehension without warrant. 8 1. Punishment of principals in second degree and accessories.
- Fines and sureties for good behaviour.
- Conviction not to be quashed for want of form, etc.
- Costs on prosecution for assault.
- Recovery of costs by distress.
(The inclusion of this page is authorized by L.N. 123nOll]
OFFENCES AGAINST THE PERSON 5
Cap. 268. Sc h., THE OFFENCES AGAINST THE
Laws 34 of 1973. 43 of 1958. 1 of 1979 PERSON ACT 15 o S. f 1962 35, Sch. Acts 42 of 1963
ll86d.I 3 , ti h,
44 of 1968. 42 of 1969 3rd Sch., 9 of 1972
1st Sch., 30 of 1988, 14 of 1992, 31 of 1995 S. 4 , 1 of 2005, 3 of 2006, 12 of 2009 S. 42. 1 8 of 2010.
- This Act may be cited as the Offences against the Person Shon title. Act.
Homicide * 2.-(1) Subject to subsection (3), every person to whom sec- Murder. tion 3(1A) applies or who is convicted of murder committed in s,^141 2.^1992 any of the following circumstances shall be sentenced in accor- 112005 dance with section 3(l)(a), that is to say- s.^ 2(a)(b).
I (a) any murder- 312006 S. 2(a). (i) committed by a person if, in the course or fur- therance of, arising out of, or ancillary to, that murder, the person commits an offence referred to in subsection (1A); or (ii) committed by a person in the course or fur- therance of, arising out of. or ancil1:ary to, an offence referred to in subsection (1A), whether or not the individual murdered was an individual that the offender intended to murder in committing the offence; (b) the murder of- (i) a member of the security forces acting in the execution of his duties or of a person assisting a member so acting;
[The inclusion of this' page is authorized by L.N. 92~/2012]
OFFENCES AGAINST TIYE PERSON
as consideration for that other person causing or assisting in causing the death of any person or counselling or procuring any person to do any act causing or assisting in causing that death; (f) any murder committed by a person in the course or furtherance of an act involving the use of violence by that person which, by reason of its nature and extent, is calculated to create a state of fear in the public or any section of the public. (1A) For the purposes of subsection (l)(a), the offences 3m referred to in this subsection are- S.2(b).
(a) burglary or housebreaking; (b) arson in relation to a dwelling house; (c) robbery; or
(4 any sexual offence.
(2) Subject to subsection (3), every person convicted of lnws murder other than a person- s.^ 2(c).
(a) convicted of murder in the circumstances specified in subsection (l)(a) to (f); or (b) to whom section 3(1A) applies, shall be sentenced in accordance with section 3(l)(b). (3) If in the case of any murder referred to in subsection lnws (1) (not being a murder referred to in paragraph (e) of that s.^ 2(c). subsection), two or more persons are convicted of tbat murder-
(a) the provisions of section 3(l)(a) shall apply to any of those persons who- (i) by his own act caused the death of, or inflicted or attempted to inflict grievous bodily harm on, the person murdered; or (ii) himself used violence on that person in the course' or furtherance of an attack on that person; and
pie inclusion of this page is authorired by LN. 80~t2008]
OFFENCES AGANST THE PERSON
( b ) any other persons convicted of the murder shall be sentenced in accordance with section 3(l)(b). ( 4 ) [Deleted by Act I of 2005. (5) In this section- "correctional officer" has the same meaning as in the Corrections Act; "judicial officer" means- (a) a Judge of the Supreme Court or the Court of Appeal, the Master in Chambers or any person for the time being performing the func- tions of a Judge of the Supreme Court or Court of Appeal or of the Master in Chambers; (b) the Registrar or Deputy Registrar of the Supreme Court, the Revenue Court or the Court of Appeal or any person for the time being performing the functions of Registrar or Deputy Registrar; ( c ) a Resident Magistrate or any person for the time being performing the functions of a Resident ~ a ~ i s k a t e ; (4 a person employed in a court's office who carries out prosecution of offences or in the Office of the Director of Public Prosecutions or engaged to carry out functions on behalf of the Director of Public Prosecutions; "member of the security forces" means a member of- (a) the Jamaica Constabulary Force; ( b ) the Jamaica Defence Force to the extent that such member has been assigned to act in aid of the Police; (c) the Island Special Constabulary Force; (4 the Rural Police. Sentence for murder. 3.-(1)^ Every person who is convicted of murder falling 112005 within- s. 3(a)(b).
[The inclusion of this page istauthorizuJ by L.N. 80d
OFFENCES AGAINST THE PERSON
Sentence of death not to be passed on Pregnant woman. 4211969 3rd Sch. 112005 S. 3(d). Procedure where womw convicted of capital offence alleges she is pregnant. 112005 S. 3(e).
shall specify a period, being not' less than ten years, which that person should serve before becoming eligible for parole.
(ID) A person shall not be sentenced to death under this
section by reason of a previous conviction for murder referred to
in subsection (1A) unless-
(a) at least seven days before the trial, notice is given to
him that it is intended to prove the previous conviction; and
(b) before he is sentenced, his previous conviction for
murder is admitted by him or is found to be proven by the trial Judge.
(1E) Before sentencing a person under subsection (I),
the court shall hear submissions, representations and evidence, from the prosecution and the defence, in relation to the issue of the sentence to be passed.
(2) Where a woman is convicted of murder falling
within section 2 (l)(a) to V) or to whom subsection (1A) applies
is found in accordance with the provisions of this section to be pregnant, the sentence to be passed on her shall be any sentence
of imprisonment that may be imposed under subsection (l)(b)
instead of sentence of death. (3) Where a woman convicted of murder falling within
section 2 (l)(a) to V) or to whom subsection (1A) applies alleges
that she is pregnant, or where the court before whom a woman is so convicted thinks fit so to order, the question whether or not the woman is pregnant shall, before sentence is passed on her, be determined by a jury. (4) Subject to the provisions of this subsection, the said jury shall be the trial jury, that is to say the jury to whom she was given in charge to be tried for the offence, and the members of the jury need not be re-sworn: Provided that-
[The inclusion of chis page is authorid by LN. 80d2008]
OFFENCES AGAINST THE PERSON
(a) if any member of the trial jury, after the conviction, , dies or is discharged by the court as being through illness incapable of continuing to act or for any other cause, the inquiry as to whether or not the woman is pregnant shall proceed without him; and (b) where there is no trial jury, or where a jury have dis- agreed as to whether the woman is or is not pregnant, or have been discharged by the court without giving a verdict on that question, the jury shall be constituted as if to try whether or not she was fit to plead, and shall be sworn in such manner as the court may direct. (5) The question whether the woman is pregnant or not shall be determined by the jury on such evidence as may be laid before them either on the part of the woman or on the part of the Crown, and the jury shall find that the woman is not pregnant unless it is proved affirmatively to their satisfaction that she is pregnant.
(6) Where on proceedings under this section the jury Wl% find that the woman in question is not pregnant the woman may
S. 35.
appeal under the Judicature (Appellate Jurisdiction) Act, to the Court of Appeal and that Court, if satisfied that for any reason the finding should be set aside, shall quash the sentence passed on her and instead thereof pass on her any sentence of 42/ imprisonment that may be imposed under subsection (l)(b): 3rd S C ~. 1/ Prokided that the operation of the provisions of this s.s(r). subsection shall be deemed to be coincident with the operation of the Judicature (Appellate Jurisdiction) Act. 3A.-(1) On an indictment charging a person with murder b e d u = falling within section 2(1), he may be found not guilty of such^ =garding murder but guilty of murder falling within section 2(2). charge. ID (2) For the purpose of any appeal against conviction, s.4. murder falling within section 2(1) shall be treated as a distinct offence from murder falling within section 2(2). (3) Where on an appeal against a conviction of murder-
[The inclusion of lhia pap is aIllhmiad by LN. 80d2008]
10 OFFENCES AGAINST T H E PERSON
such stroke, poisoning or hurt upon the sea, or at any place out of this Island, every offence committed in respect
of any such case, whether the same shall amount to the
offence of murder or manslaughter, or of being accessory
to murder or manslaughter, may be dealt with, enquired of, tried, determined, and punished in the parish in which
such death, stroke, poisoning, or hurt shall happen, in the
same manner in all respects as if such offence had been wholly committed in that parish.
Attempts to Murder Administer- ing poiion. or wound.ng with intent to murder.
13. Whosoever shall administer to, or cause to be
administered to, or to be taken by any person, any poison or other destructive thing, or shall, by any means whatso- ever, wound, or cause any grievous bodily harm to any
person, with intent, in any of the cases aforesaid, to commit
murder, shall be guilty of felony, and, being convicted
4z/1969 thereof, shall be liable^ to^ be^ imprisoned for life, with^ or
3rd Sch. without hard labour.
Destroying 14. Whosoever, by the explosion of gunpowder or other
rddcm explosive substance, shall destroy or damage any building,
towithintentmurder. with intent to commit murder, shall be guilty of felony,
42/ 1969 and being convicted thereof, shall be liable to be imprisoned
for life, with or without hard labour.
3rd Sch.
Settingfire 15. Whosoever shall set 6re to any ship or vessel or any
s$:;zzB part thereof, or any part of the tackle, apparel or furniture
tomurder. thereof, or any goods or chattels being therein, or shall
cast away or destroy, or attempt to destroy, any ship or
vessel, with intent in any of such cases to commit murder,
shall be guilty of felony, and being convicted thereof, shall
be liable to be imprisoned for life, with or without hard
labour.
42/1% 3rd sch.
me inclusion of this page is authorized by L.N. 480/1973]
OFFENCES AGAINST THE PERSON 1 1
- Whosoever shall attempt to administer to, or shall attempt Attempting to cause to be administered to, or be taken by any person, any ~ t , " ~ ~ ~ O n , poison or other destructive thing, or shall shoot at any person, or etc., with shall by drawing a trigger, or in any other manner, attempt to :frT discharge any kind of loaded arms at any person, with intent, in any of the cases aforesaid, to commit murder, shall, whether any bodily injury be effected or not, be guilty of felony, and being convicted thereof, shall be liable to be imprisoned for life, with 4211969 or without hard labour. 3rd^ S C ~.
- Whosoever shall, by any means other than those specified ~ y o t h e r in any of the preceding sections of this Act, attempt to commit^ means murder, shall be guilty of felony, and, being convicted thereof to commit shall be liable to be imprisoned for life, with or without hard yi$l,j labour. 3rd sch Letters Threatening to Murder
- Whosoever shall maliciously send, deliver, or utter or Letters directly or indirectly cause to be received, knowing the contents^ threatening thereof, any letter or writing threatening to kill or murder any person, shall be guilty of felony, and, being convicted thereof, shall be liable to be imprisoned for a term not exceeding ten 4211969 years, with or without hard labour. 3rd^ Sch A& Causing or Tending to Cause Danger to L i f , or Bodily Harm
- Whosoever shall u n l a h l l y and maliciously prevent or Preventing impede any person being on board of, or having quitted any ship ~ ~ ~ e ~ O u r or vessel which shall be in distress, or wrecked, stranded, or cast ing to save on shore, in his endeavour to save his life, or shall u n l a h l l y or hisshipwreck.^ life^ in maliciously prevent or impede any person in his endeavours to save the life of any such person as in this section first aforesaid, shall be guilty of felony, and, being convicted thereof, shall be liable to be imprisoned for life, with or without hard labour. (^421) 3rd Sch.^969 20.--(I) Subject to subsection (2), whosoever, shall unlaw- Shootingot fully and maliciously, by any means whatsoever, wound, or toshootor^ attempting cause any grievous bodily harm to any person, or shoot at any wounding person, or, by drawing a trigger, or in any other manner attempt withdo^ intent^ to to discharge any kind of loaded arms at any person, with intent bodily harm. 1812010 in any of the cases aforesaid, to maim, disfigure or disable any s.2(a1(b1.
' [ p e inclusion of this page is authorized by L.N. 92~120 121
OFFENCES AGAINST THE PERSON 13
himself, or any other person to commit, or with intent in any of such cases thereby to assist any other person in committing, any indictable offence, shall be guilty of felony, and, being convicted thereof, shall be liable to imprisoned for life, with or 4211969
without hard labour. , 3rd Sch.
- Whosoever shall unlawfully apply or administer to, or Administer-
cause to be taken by, or attempt to apply or administer to, or :~izknt
attempt to cause to be administered to or taken by, any person, tocommit any chloroform, laudanum, or other stupefying or overpowering^ indictableofience, drug, matter, or thing, with intent, in any of such cases, thereby to enable himself, or any other person to commit, or with intent in any of such cases thereby to assist any other person in com- mitting, any indictable offence, shall be guilty of felony, and, being convicted thereof, shall be liable to be imprisoned for life, 42I with or without hard labour. 3rd^ Sch.
- Whosoever shall unlawfully and maliciously administer to, or cause to be administered to or taken by any other person, any poison or other destructive or noxious thing so as thereby to endanger the life of such person, or so as thereby to inflict upon such person any grievous bodily harm, shall be guilty of felony, and being convicted thereof,. shall be liable to be imprisoned for a term not exceeding ten years, with or without hard labour.
Administer- ing poison SO as to endanger life or inflict grievous bodily harm. 4211969 3rd Sch.
- Whosoever shall unlawfully and maliciously administer Administer-ing polson to, or cause to be administered to or taken by any other withintent person, any poison or other destructive or noxious thing, with to injureor intent to injure, aggrieve, or annoy such person, shall be guilty annoy. of a misdemeanour, and, being convicted thereof, shall be liable to be imprisoned for a term not exceeding three years, with or 42/ without hard labour. 3rd Sch.
[The inclusionof this page is authorized by L.N. 92~12012]
Jury may acquit of felony, and find guilty of rnis- demeanour.
Abandoning ot exposing child whereby life endangered.
4211969 3rd Sch.
Causing bodily injuy by explosion of gun- powder. 4211969 3rd Sch.
Causing gunpowder to explode. etc.. with intent to
do grievous.
bodily harm.
OFFENCES AGAINST THE PERSON
27. If, upon the trial of any person for any felony men- tioned in section 25, the jury shall not be satisfied that such per- son is guilty thereof, but shall be satisfied that he ,is .guilty of any misdemeanour mentioned in section 26, then and in every such case, the jury may acquit the accused of-such felony, and find him guilty of such misdemeanour and there- upon he shall be liable to be punished in the same manner as if convicted upon an indictment for such mis- "* demeanour. 28. Whosoever shall unlawfully abandon or expose any child, being under the age of two years, whereby the life of such child. shall be endangered. or the health 'of such child shall have been or shall be likely to be permanently injured. shall ' be guilty of a misdemeanour. and. being convicted thereof. shall be liable to be imprisoned for a term not exceeding three + years, with or without hard labour. 29. Whosoever shall unlawfully and maliciously by the explosion of gunpowder or other explosive substance. burn. maim. disfigure. disable. or do any grievous bodily harm to any person. shall be guilty of felony and, being convicted there- of, shall be liable to be imprisoned for life, with.or without hard labour. 30. Whosoever shall unlawfUlly and maliciously cause any gunpowder or other explosive substance to explode. or send or deliver to, or cause to be taken or received by any person any explosive substance, or any other dangerous or noxious thing, or put or lay at any place, or cast or throw at or upon, or otherwise apply to any person, any corrosive fluid, or any destructive or explosive substance, with intent, in any 'of the cases aforesaid, to burn, maim, disfigure, or disable any person, or to do some grievous bodily harm to any person, shall, whether any bodily injury be effected or not, be guilty of felony, and, being
[The inclusion o f this page is authorized by L.N. 92~/2012]
