3. The improvement of the law of homicide, which involved the extinction of the universally condemned doctrine of constructive malice. 4. The simplification of law relating to theft and fraud. These were the proposed alterations in the first part of the bill. In the second part the following were the principal:- 1. Provisions getting rid of the absurdities arising under the existing law from the doctrine of venue. 2. Provisions for changing the place of trial when necessary. 3. Provisions for the trial of criminals by special juries in cases of exceptional difficulty. 4. Provisions for the simplification of indictments. 5. Provisions for the keeping of a simple record of the proceedings, and the sweeping away of technicalities which rendered proceedings by way of writ of error next door to impossible. 6. Enactments as to juries and the challenging of jurors. 7. Provisions enabling the jury to have a view when required. 8. Provisions giving a more satisfactory appeal in criminal cases upon points of law. 9. Enactments enabling prisoners in proper cases to obtain new trials. 10. Provisions altering the law to a considerable extent as to the costs of prosecutions (g). Parliament being dissolved soon after the second reading, legislation was necessarily again deferred. In the new Parliament the subject of the Criminal Code was mentioned. A question was asked which drew from the Attorney-General the answer that the Government had no intention during that session to introduce a bill for the (g) 250 Hans. 1236. Analysis of codification of the criminal law, "as it would be impossible to make satisfactory progress with any such measure" (h). It has been more than once proposed that the code should be dealt with and established piecemeal; portions of the whole being brought forward in successive sessions. But not unlikely in such a case the code itself would need codifying. In order that the reader may understand the form which a Criminal Code will take, subjoined is the skeleton of the code contained in the Government Bill of 1880: I. Introductory Provisions. 1. Preliminary. 2. Punishments. 3. Matters of Justification or Excuse. 4. Parties to the Commission of Offences. II. Crimes against Public Order-Internal and External. 6. Unlawful Assemblies, Riots, Breaches of the 7. Seditious Offences. 8. Piracy. III. Crimes affecting the Administration of Law and Justice. 9. Corruption and Disobedience. 10. Misleading Justice. 11. Escapes and Rescues. IV. Crimes against Religion, Morals, and Public Convenience. 12. Crimes against Religion. 13. Crimes against Morality. 14. Nuisances. (h) 250 Hans. 770. V. Crimes against the Person and Reputation. 15. Duties tending to the Preservation of Life. 17. Murder, Manslaughter, &c. 18. Bodily Injuries, and Acts causing Danger to the Person. 19. Assaults. 20. Rape and procuring Abortion. 21. Crimes affecting Conjugal and Parental Rights -Bigamy-Abduction. 22. Crimes by Parents, Guardians, and Masters. 23. Defamatory Libel. VI. Crimes against Rights of Property. Crimes involving Dishonesty defined. 24. Theft defined. 25. Punishment of Theft. 26. Fraud. 27. Robbery and Extortion. 28. Burglary and Housebreaking. 29. Receiving Stolen Goods. 30. Forgery. 31. Preparation for Forgery. 32. Personation. 33. Crimes relating to the Coin. 34. Mischief. 35. Fraudulent Debtors. 36. Threatening and attempting to commit Crimes. VII. Procedure. 37. General Provisions. 38. Procedure in particular Cases. 39. Compelling Appearance of Accused before Justice. |