✨ Legislative Amendments
Feb. 16.] THE NEW ZEALAND GAZETTE. 485
“ (d.) If the offender for any unlawful object does an act that 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.
“ 105A. (1.) Culpable homicide is also murder in each of the following cases, whether the offender means or does not mean death to ensue, or knows or does not know 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 mentioned in this section, or the flight of the offender upon the commission or attempted commission thereof, and death ensues from such injury:
“ (b.) If he administers any stupefying or overpowering thing for either of the purposes aforesaid, and death ensues from the effects thereof:
“ (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 referred to in the last preceding subclause: Treason; inciting to mutiny; 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.
“ 105B. Culpable homicide not amounting to murder is manslaughter.
“ 105C. Every one who commits murder shall upon conviction thereof be sentenced to death.
“ 105D. Every one who commits manslaughter is liable to imprisonment with hard labour for life.”
- The following clauses are added to Part V of the said Order:—
“ 166A. Every one is liable to five years’ imprisonment with hard labour who unlawfully enters or is in any dwellinghouse by night with intent to commit a criminal offence therein, or who is found by night in any dwellinghouse without lawful justification for his presence there.
“ 166B. Every one is liable to five years’ imprisonment with hard labour who, by night, or to two years’ imprisonment who, by day, with intent to intimidate or annoy any person—
“ (a.) Breaks or injures or threatens to break or injure any dwellinghouse; or
“ (b.) By the discharge of firearms or otherwise alarms or attempts to alarm any person in any dwellinghouse.
“ 166C. Every one is liable to five years’ imprisonment with hard labour who sends or causes to be received, knowing the contents thereof, any letter or writing containing threats to kill or do bodily harm to any person, or who verbally makes a threat to kill or do bodily harm to any person.”
Criminal Procedure.
- Clause 206 of the said Order is hereby revoked, and the following substituted in lieu thereof:—
“ 206. Every prosecution in the High Court for an offence shall be commenced by an information in writing filed in the Court by a constable or with the leave of a Judge, Commissioner, Registrar, or Deputy Registrar of the Court by any other prosecutor.”
-
Clause 209 of the said Order is hereby amended by adding, after the words “fine only,” the words “or by imprisonment for a term not exceeding three months.”
-
Subclause (1) of clause 210 is hereby amended by adding at the end thereof the words “or any offence created by an Ordinance where
Next Page →
Online Sources for this page:
VUW Te Waharoa —
NZ Gazette 1921, No 17
NZLII —
NZ Gazette 1921, No 17
✨ LLM interpretation of page content
🌏
Samoa Constitution Amendment Order
(continued from previous page)
🌏 External Affairs & Territories7 February 1921
Legislation, Samoa, Constitution, Amendment, Criminal Offences, Homicide, Criminal Procedure