PART XVII. Homicide defined. When a child becomes a HOMICIDE. 218. Homicide is the killing of a human being by another, directly or indirectly, by any means whatsoever. 219. A child becomes a human being within the meaning human being. of this Act when it has completely proceeded, in a living state, from the body of its mother, whether it has breathed or not, whether it has an independent circulation or not, and whether the navel string is severed or not. The killing of such child is homicide when it dies in consequence of injuries received before, during or after birth. Culpable homicide. Procuring death by false evidence. Death must be within a year 220. Homicide may be either culpable or not culpable. Homicide is culpable when it consists in the killing of any person, either by an unlawful act or by an omission, without lawful excuse, to perform or observe any legal duty, or by both combined, or by causing a person, by threats or fear of violence, or by deception, to do an act which causes that person's death, or by wilfully frightening a child or sick person. 2. Culpable homicide is either murder or manslaughter. 3. Homicide which is not culpable is not an offence. 221. Procuring by false evidence the conviction and death of any person by the sentence of the law shall not be deemed to be homicide. 222. No one is criminally responsible for the killing of anand a day. other unless the death take place within a year and a day of the cause of death. The period of a year and a day shall be reckoned inclusive of the day on which the last unlawful act contributing to the cause of death took place. Where the cause of death is an omission to fulfil a legal duty the period shall be reckoned inclusive of the day on which such omission ceased. Where death is in part caused by an unlawful act and in part by an omission, the period shall be reckoned inclusive of the day on which the last unlawful act took place or the omission ceased, whichever happened last. Killing by influence on the mind. Acceleration of death. 223. No one is criminally responsible for the killing of another by any influence on the mind alone, nor for the killing of another by any disorder or disease arising from such influence, save in either case by wilfully frightening a child or sick person. 224. Every one who, by any act or omission, causes the death of another kills that person, although the effect of the the bodily injury caused to such other person be merely to accelerate his death while labouring under some disorder or disease arising from some other cause. 225. Every one who, by any act or omission, causes the Causing death death of another kills that person, although death from that which might cause might have been prevented by resorting to proper prevented. means. have been treatment of 226. Every one who causes a bodily injury, which is of Causing itself of a dangerous nature to any person, from which injury the death results kills that person, although the immediate which causes cause of death be treatment proper or improper applied in good faith. death. PART XVIII. MURDER, MANSLAUGHTER, &c. 227. Culpable homicide is murder in each of the following Definition of cases: (a.) If the offender means to cause the death of the person killed; (b.) If the offender means to cause to the person killed any bodily injury which is known to the offender to be likely to cause death, and is reckless whether death ensues or not; (c.) If the offender means to cause death or, being so reckless as aforesaid, means to cause such bodily injury as aforesaid to one person, and by accident or mistake kills another person, though he does not mean to hurt the person killed; (d.) If the offender, for any unlawful object, does an act which he knows or ought to have known to be likely to cause death, and thereby kills any person, though he may have desired that his object should be effected without hurting any one. inurder. 228. Culpable homicide is also murder in each of the fol- Further defilowing cases, whether the offender means or not death to nition of murensue, or knows or not that death is likely to ensue : (a.) If he means to inflict grievous bodily injury for the purpose of facilitating the commission of any of the offences in this section mentioned, or the flight of the offender upon the commission or attempted commission thereof, and death ensues from such injury; or (b.) If he administers any stupefying or overpowering thing for either of the purposes aforesaid, and death ensues from the effects thereof; or (c.) der. Provocation. Manslaugh ter. Punishment of murder. Attempts to (c.) If he by any means wilfully stops the breath of any person for either of the purposes aforesaid, and death ensues from such stopping of the breath. 2. The following are the offences in this section referred to-Treason and the other offences mentioned in Part IV. of this Act, piracy and offences deemed to be piracy, escape or rescue from prison or lawful custody, resisting lawful apprehension, murder, rape, forcible abduction, robbery, burglary, arson. 229. Culpable homicide, which would otherwise be murder, may be reduced to manslaughter if the person who causes death does so in the heat of passion caused by sudden provocation. 2. Any wrongful act or insult, of such a nature as to be sufficient to deprive an ordinary person of the power of self-control, may be provocation if the offender acts upon it on the sudden, and before there has been time for his passion to cool. 3. Whether or not any particular wrongful act or insult amounts to provocation, and whether or not the person provoked was actually deprived of the power of self-control by the provocation which he received, shall be questions of fact. No one shall be held to give provocation to another by doing that which he had a legal right to do, or by doing anything which the offender incited him to do in order to provide the offender with an excuse for killing or doing bodily harm to any person. 4. An arrest shall not necessarily reduce the offence from murder to manslaughter because the arrest was illegal, but if the illegality was known to the offender it may be evidence of provocation. 230. Culpable homicide, not amounting to murder, is manslaughter. 231. Every one who commits murder is guilty of an indictable offence and shall, on conviction thereof, be sentenced to death. R.S.C., c. 162, s. 2. 232. Every one is guilty of an indictable offence and commit mur- liable to imprisonment for life, who does any of the following things with intent to commit murder; that is to say der. (a.) administers any poison or other destructive thing to any person, or causes any such poison or destructive thing to be so administered or taken, or attempts to administer it, or attempts to cause it to be so administered or taken; or (b.) by any means whatever wounds or causes any grievous bodily harm to any person; or (c.) shoots at any person, or, by drawing a trigger or in any other manner, attempts to discharge at any person any kind of loaded arms; or (e.) or (d) attempts to drown, suffocate, or strangle any person; (e.) destroys or damages any building by the explosion of any explosive substance; or (f) sets fire to any ship or vessel or any part thereof, or any part of the tackle, apparel or furniture thereof, or to any goods or chattels being therein; or (g) casts away or destroys any vessel; or (h.) by any other means attempts to commit murder. R.S.C., c. 162, s. 12. 233. Every one is guilty of an indictable offence and Threats to liable to ten years' imprisonment who sends, delivers or murder. utters, or directly or indirectly causes to be received, knowing the contents thereof, any letter or writing threatening to kill or murder any person. R.S.C., c. 173, s. 7. 234. Every one is guilty of an indictable offence and Conspiracy to liable to fourteen years' imprisonment, who— (a.) conspires or agrees with any person to murder or to cause to be murdered any other person, whether the person intended to be murdered is a subject of Her Majesty or not, or is within Her Majesty's dominions or not; or (b.) counsels or attempts to procure any person to murder such other person anywhere, although such person is not murdered in consequence of such counselling or attempted procurement. R.S.C., c. 162, s. 3. murder. 235. Every one is guilty of an indictable offence, and Accessory liable to imprisonment for life, who is an accessory after the after the fact fact to murder. R.S.C., c. 162, s. 4. to murder. 236. Every one who commits manslaughter is guilty of Punishment. an indictable offence, and liable to imprisonment for life. of manslaughR.S.C., c. 162, s. 5. ter. 237. Every one is guilty of an indictable offence and Aiding and liable to imprisonment for life who counsels or procures any abetting suiperson to commit suicide, actually committed in consequence of such counselling or procurement, or who aids or abets any person in the commission of suicide. 238. Every one who attempts to commit suicide is guilty Attempt to of an indictable offence and liable to two years' imprisonment. commit sui cide. tance in child 239. Every woman is guilty of an indictable offence who, Neglecting to with either of the intents hereinafter mentioned, being obtain assis with child and being about to be delivered, neglects to birth. provide reasonable assistance in her delivery, if the child is permanently injured thereby, or dies, either just before, or during, or shortly after birth, unless she proves that such death or permanent injury was not caused by such neglect, or Concealing dead body of child. or by any wrongful act to which she was a party, and is liable to the following punishment: (a.) If the intent of such neglect be that the child shall not live, to imprisonment for life; (b.) If the intent of such neglect be to conceal the fact of her having had a child, to imprisonment for seven years. 240. Every one is guilty of an indictable offence, and liable to two years' imprisonment, who disposes of the dead body of any child in any manner, with intent to conceal the fact that its mother was delivered of it, whether the child. died before, or during, or after birth. R.S.C., c. 162, s. 49. Wounding with intent. Wounding. Shooting at PART XIX. BODILY INJURIES, AND ACTS AND OMISSIONS CAUS- 241. Every one is guilty of an indictable offence and liable to imprisonment for life who, with intent to maim, disfigure or disable any person, or to do some other grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person, unlawfully by any means wounds or causes any grievous bodily harm to any person, or shoots at any person, or, by drawing a trigger, or in any other manner, attempts to discharge any kind of loaded arms at any person. R.S.C., c. 162, s. 13. 242. Every one is guilty of an indictable offence and liable to three years' imprisonment who unlawfully wounds or inflicts any grievous bodily harm upon any other person, either with or without any weapon or instrument. R.S.C., c. 162, s. 14. 243. Every one is guilty of an indictable offence and Her Majesty's liable to fourteen years' imprisonment who wilfully vessels ; wounding customs or inland revenue officers. Disabling or drugs with (a.) shoots at any vessel belonging to Her Majesty or in the service of Canada; or (b.) maims or wounds any public officer engaged in the execution of his duty or any person acting in aid of such officer. R.S.C., c. 32, s. 213; c. 34, s. 99. 244. Every one is guilty of an indictable offence and liable administering to imprisonment for life and to be whipped, who with intent to com- intent thereby to enable himself or any other person to able offence. commit, or with intent thereby to assist any other person in committing any indictable offence mit an indict (a.) by any means whatsoever, attempts to choke, suffocate or strangle any other person, or by any means calculated to choke, suffocate or strangle, attempts to render any other person insensible, unconscious or incapable of resistance; or (b.) |