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Draft Criminal Code

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Draft Criminal Code 1 No. ] Criminal Code [2001. SAINT LUCIA ______ No. of 2003 ARRANGEMENT OF SECTIONS CHAPTER ONE General Provisions PART I PRELIMINARY Section 1. Short title 2. Commencement 3. Application of Code 4. General construction of Code 5. Common law procedure to apply where necessary 6. Interpretation PART II JUSTIFICATIONS AND EXCUSES 7. Claim of right 8. Consent by deceit or duress void 9. Consent void by incapacity 10. Consent by mistake of fact 11. Consent by exercise of undue authority 12. Consent by person in authority not given in good faith 13. Exercise of authority 14. Explanation of authority 15. Invalid consent not prejudicial 16. Extent of justification 17. Consent to fight cannot justify harm 18. Consent to killing unjustifiable 19. Consent to harm or wound 20. Medical or surgical treatment must be proper 21. Medical or surgical or other force to minors or others in custody 22. Use of force, where person unable to consent 23. Revocation annuls consent 24. Ignorance or mistake of fact 2 No. ] Criminal Code [2001. 25. Ignorance of law no excuse 26. Age of criminal responsibility 27. Presumption of mental disorder 28. Intoxication, when an excuse 29. Aider may justify same force as person aided 30. Arrest with or without process for crime 31. Arrest, etc., other than for indicatable offence 32. Bona fide assistant and correctional officer 33. Bona fide execution of defective warrant or process 34. Reasonable use of force in self-defence 35. Defence of property, possession of right 36. Force to repel trespasser 37. Force to remove trespasser 38. Force for recovery of possession of goods 39. Defence of right 40. Unlawful fight not justifiable 41. Force against interferer 42. Force in execution of a sentence 43. Force to preserve order 44. Preservation of order on vessel 45. Force within statutory authority justifiable 46. Force against riotous or unlawful assembly 47. Automatism 48. Duress of circumstance 49. Duress by Threat 50. Necessity 51. Proof of defence of automatism, duress or necessity PART III LIABILITY AND MENS REA 52. Causing event by involuntary agent 53. Several persons causing event 54. Event caused by intervening circumstances 55. Liability for attempts and negligence or recklessness 56. Intent 57. Transferred Intention 58. Definition of negligence 59. Negligence where act likely to cause unjustifiable event 3 No. ] Criminal Code [2001. 60. Recklessly 61. Definition of threat PART IV PARTICIPATION AND INCHOATE OFFENCES 62. Aiding and abetting a crime 63. Aiding and abetting crime within, from outside jurisdiction 64. Aiding and abetting crime committed 65. Punishment where crime aided and abetted is not committed 66. Punishment where different crime is committed 67. Aiding and abetting riot, etc. 68. Trial of accomplices 69. Trial of more than one accomplice 70. Exemption, etc. available for any accomplice irrespective of others 71. Punishment for aiding and abetting 72. Punishment for non-prevention of crime 73. Conspiracy to commit crime 74. Conspiracy to aid and abet a crime 75. Person within jurisdiction agreeing with person outside jurisdiction to commit or abet crime 76. Punishment of conspiracy 77. Attempt to commit crime 78. Punishment for attempt to commit crime 79. Application of exemption, justification etc., provisions to attempt 80. Preparation for commission of crime CHAPTER TWO Offences PART I OFFENCES AGAINST THE PERSON Sub-Part A — Homicide 81. Part III of Chapter One to apply to causing death 82. Causing death of a child 83. Unlawful command to kill. Special provision as to aiding and abetting 84. Death outside from harm within jurisdiction of Courts 85. Murder 4 No. ] Criminal Code [2001. 86. Capital murder 87. Non-capital murder 88. Attempt to murder 89. Attempted murder by inmate 90. Diminished responsibility 91. Provocation 92. Death caused by gross negligence or recklessness 93. Penalty for manslaughter 94. Aiding and abetting of suicide, Attempt to commit suicide 95. Suicide pacts 96. Administering noxious substance 97. Reckless harm 98. Grievous harm 99. Maim or dangerous harm 100. Wounding 101. Using corrosives, explosives, weapons, or dangerous means 102. Harm with aggravation 103. Harm with violence 104. Hindering escape from wreck, or protection from harm 105. Harm by omission explained 106. Duty to prevent harm 107. Duty to supply necessaries of health and life 108. Duty constituted by office, under taking or conduct. 109. Provisions as to causing event to apply 110. Punishment of careless surgical or medical treatment 111. Negligent harm 112. Negligent grievous harm 113. Negligent harm or negligence endangering life 114. Threat of death Sub-Part B — Assaults 115. Offence of assault 116. Aggravated assault on male under 12 years or female 117. Acts not constituting assaults 118. Stalking 119. Report of suspected cases of abuse 120. Kidnapping 121. False imprisonment 5 No. ] Criminal Code [2001. Sub-Part C — Sexual Offences 122. Interpretation 123. Rape 124. Unlawful sexual connection 125. Inducing sexual intercourse or sexual connection by force, duress, etc. 126. Sexual intercourse with a person under twelve 127. Sexual intercourse with a person between twelve and sixteen 128. Sexual intercourse with an adopted minor, etc. 129. Sexual intercourse with a minor employee. 130. Indecent assault. 131. Indecent act 132. Gross Indecency 133. Buggery 134. Bestiality 135. Unlawful detention of a person with intent to have sexual intercourse 136. Hearings in camera. 137. Court may forbid publication of report. 138. Anonymity of complainant and accused. 139. Soliciting sexual favours in the workplace 140. Transmission of AIDS 141. Procuring or aiding and abetting 142. Procuring defilement or abetment of defilement by guardian or parent 143. Keeping brothel 144. Power if lessor to require assignment of lease on conviction of lessee or occupier 145 Liability of landlord on failure to determine lease after notice 146. Liability of landlord leasing again to same person after determination of former lease 147. Trading in prostitution 148. Spouse competent witness 149. Trading in prostitution by female 150. Soliciting prostitution 151. Living on earnings of prostitution 152. Preventing or delaying police entry into suspected brothel 153. Conspiracy to defile by false pretence or means 154. Defilement of male or female suffering from mental disorder 155. Defilement of inmate of asylum 156. Permitting or aiding and abetting defilement of male or female 157. Incest 6 No. ] Criminal Code [2001. 158. Attempt to commit incest 159. Divesting guardian of authority over minor 160. Abduction 161. Special provisions 162. Abduction of unmarried male or female under 16 163. Abduction of male or female of any age with intent to marry or defile Sub-Part D — Abortion And Childbirth Offences 164. Medical or surgical treatment 165. Explaination as to abortion 166. Termination of pregnancy 167. Explaination as to causing harm to child at birth 168. Penalty for causing harm to child at birth 169. Abandoning child under 5 at hospital, etc 170. Exposing child under 7 to grievous harm 171. “Child stealing” defined and explained 172. Stealing child under 12 173. Pretending, child legitimate, or substituting one child for another 174. Concealment of body of child. 175. Concealment of birth, existence, or death of child Sub-Part E — Offences Relating To Marriage 176. Compulsory marriage of person 177. Proof of former marriage 178. Definition of bigamy 179. Plea of divorce 180. Penalty for bigamy 181. Causing marriage by force or duress 182. False declarations or statements for purposes of marriage 183. False impediment to marriage 184. False solemnization of marriage 185. Feigned marriage 186. Marriage by unmarried person with other person known to be married 187 Personating or marrying under false name or description 7 No. ] Criminal Code [2001. PART I OFFENCES AGAINST PROPERTY Sub-Part A - Theft And Related Offences 188. Basic definition of theft 189. Dishonest appropriation 190. Meaning of appropriation 191. Property capable of being stolen 192. Belonging to another 193. With the intention of permanently depriving the other of it 194. Penalty for theft 195. Common stealing 196. Stealing from dwelling, place of business or worship 197. Stealing by employee 198. Stealing from person 199. Stealing telegraph or telephone parts 200. Stealing from vessels 201. Liability of part owner for breach of trust or stealing 202. Proof to rebut proof of lawful appropriation 203. “Fraudulent breach of trust” defined 204. Person undertaking to hold his own property as trustee 205. Fraudulent breach of trust 206. Robbery 207. Burglary 208. Aggravated burglary 209. Removal of articles from places open to the public 210. Abstracting of electricity 211. Obtaining property by deception 212. Obtaining pecuniary advantage by deception 213. Obtaining services by deception 214. Evasion of liability by deception 215. Making off without payment 216. Issuing cheque or negotiable instrument with intent to defraud 217. Fraud by pawner of property 218. Fraud by person evading intended execution against his property 219. False accounting 220. Liability of company officers for certain offences by company 221. False statements by company directors, etc. 222. Suppression, etc., of documents 8 No. ] Criminal Code [2001. 223. Blackmail 224. Handling stolen goods 225. Advertising rewards for return of goods stolen or lost 226. Scope of offences relating to stolen goods 227. Going equipped for stealing, etc. 228. Search for stolen goods 229. Orders for restitution 230. Husband and wife 231. Interpretation Sub-Part B – Forgery 232. Definition of Note 233. Counterfeiting of stamp, note, etc. defined 234. Falsification of note, noteage, etc. defined 235. Forgery of documents 236. Possessing or doing act as to note or stamp not genuine defined 237. Possessing or doing act as to document not genuine defined 238. Completeness of imitation unnecessary 239. Falsification effected within or beyond jurisdiction immaterial 240. Testing suspected tendered note 241. False claims generally 242. Common noteing 243. Falsifying note 244. Damaging or destroying note 245. Possessing false note.
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