Offences against the Person Act 1866
Offences against the Person Act 1866
Offences against the Person Act 1866
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Offences against the Person Act 1866
Public Act |
1866 No 19 |
|
Date of assent |
8 October 1866 |
|
Contents
An Act to amend the Law relating to the Unlawful Administration of Poison and to other offences against the person.
BE IT ENACTED by the General Assembly of New Zealand and by and with the authority of the same as follows—
I Short Title.
The Short Title of this Act shall be “The Offences against the Person Act 1866.”
II Administering poison &c. with intent to endanger life or inflict grievous bodily harm to be felony.
Whoever shall unlawfully and maliciously administer or cause or procure 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 sentenced to penal servitude for any period not exceeding ten years and not less than three years or to imprisonment for any term not more than three years with or without hard labour at the discretion of the Court.
III Persons administering poison &c. with intent to injure any other person to be guilty of a misdemeanour.
Whoever shall unlawfully and maliciously administer to or cause or procure to be administered to or taken by any other person any poison or other destructive or noxious thing with intent to injure aggrieve or annoy such person shall be guilty of a misdemeanour and being convicted thereof shall be liable to be sentenced to imprisonment for any period not exceeding three years with or without hard labour at the discretion of the Court and the costs and expenses of the prosecution of any such misdemeanour may be allowed by the Court as in cases of felony.
IV Persons charged with the felony specified in section 2 may be found guilty of the misdemeanour.
If upon the trial of any person charged with the felony above mentioned the jury shall not be satisfied that such person is guilty thereof but shall be satisfied that he is guilty of the misdemeanour above mentioned then and in every such case the jury may acquit the accused of such felony and find him guilty of such misdemeanour and thereupon the delinquent shall be liable to be punished in the same manner as if convicted upon an indictment for the misdemeanour.
V Attempt to commit murder.
Whosoever shall by any means other than those specified in any of the provisions contained in any Act now in force in this Colony attempt to commit murder shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be kept in penal servitude for life or for any term not less than three years or to be imprisoned for any term not exceeding two years with or without hard labour and with or without solitary confinement.
VI Administering drugs or using instruments to procure abortion.
Every woman being with child who with intent to procure her own miscarriage shall unlawfully administer to herself any poison or other noxious thing or shall unlawfully use any instrument or other means whatsoever with like intent and whosoever with intent to procure the miscarriage of any woman whether she be or be not with child shall unlawfully administer to her or cause to be taken by her any poison or other noxious thing or shall unlawfully use any instrument or other means whatsoever with the like intent shall be guilty of felony and being convicted thereof shall be liable at the discretion of the Court to be kept in penal servitude for life or for any term not less than three years or to be imprisoned for any term not exceeding two years with or without hard labour and with or without solitary confinement.
VII Procuring drugs &c. to cause abortion.
Whosoever shall unlawfully supply or procure any poison or other noxious thing or any instrument or thing whatsoever knowing that the same is intended to be unlawfully used or employed with intent to procure the miscarriage of any woman whether she be or be not with child shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the Court to be kept in penal servitude for the term of three years or to be imprisoned for any term not exceeding two years with or without hard labour.
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Versions
Offences against the Person Act 1866
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