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Offences against the Person Act


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Offences against the Person (CAP. 300 1

CHAPTER 300

T H E OFFENCES AGAINST T H E PERSON ACT

Arrangement of Sections
Section

1. Short title.

PART I

2 . Murder.
3 . Sentence for murder.
4. Conspiring or soliciting to commit murder.
5. Manslaughter.
6. Offences of infanticide.
7. Accessory after the fact to murder.
8. Excusable homicide.
9. Provision for trial of murder and manslaughter in certain

cases.
10. Abolition of constructive malice.
11. Diminished responsibility.
12. Provocation.

PART I1

13. Administering poison, &c.
14. Destroying or damaging a building with gunpowder with

intent to murder.
15. Setting fire to, or casting away a ship, with intent to

murder.
16. Attempting to administer poison, or shooting, or

attempting to shoot, or attempting to drown, &c.,
with intent to murder.

17. By any other means attempting to commit murder.

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2 CAP. 300) Offences afainst the Person

Section
PART I11

18. *Sending letters threatening to murder.

PART IV

ACTS CAUSING OR TENDING TO CAUSE DAMAGE TO LIFE,
OR BODILY HARM

19. Impeding a person endeavouring to save himself from
shipwreck.

20. Shooting or attempting to shoot, or wounding with
intent.

2 1. What shall constitute loaded arms.
22. Inflicting bodily injury with or without weapon.
23. Attempting to choke, &c., in order to commit any

indictable offence.
24. Using chloroform, &c., to commit any indictable offence.
25. Maliciously administering poison, &c., so as to endanger

life or inflict bodily harm.
26. Maliciously administering poison, &c., with intent to

injure, aggrieve, or annoy any other person.
27. If the jury be not satisfied that the person charged is

guilty of a felony, &c.
28. Not providing apprentices or servants with food, &c.,

whereby life is endangered.
29. Exposing children whereby life is endangered.
30. Causing bodily injury by gunpowder.
3 1. Causing gunpowder to explode or sending to any person

an explosive substance, &c.
32. Placing gunpowder near a building with intent to do

bodily injury to any person.
33. Setting spring gun &c., with intent to inflict grievous

bodily harm.
34. Drivers of carriages injuring persons by furious driving.
35. Causing bodily injury by doing or omitting to do any act.

PART V

ASSAULTS

36. Obstructing or assaulting a clergyman, or other minister
in the discharge of his duties.

Section

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Offences against the Person (CAP. 300 3

Disturbing or interrupting assemblage of persons met
for religious, moral, social, or benevolent purpose.

Assaulting a Magistrate, &c., on account of his
preserving wreck, &c.

Assault with intent to commit felony.
Assault with intent to obstruct the sale of grain or its

free passage.
Assaults on seamen, &c.
Assault arising from combination.
Common assault or battery.
Aggravated assaults on females, and boys under the age

of 14 years.
Certificate of dismissal of complaint.
Certificate or conviction shall be a bar to any other

proceedings.
These provisions not to apply to certain cases.
Assault occasioning bodily harm.

PART VI

Rape.
Indecent assault.
Abduction of a woman against her will from motives

of lucre.
52. Forcible abduction of any woman with intent to marry

her.
53. Abduction of a girl under 16 years of age.

PART VII

CHILD STEALING

54. Child Stealing.

PART VIII

BIGAMY

55. Bigamy.

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4 CAP. 300) Offences against the Person

Section
PART IX

ATTEMPTS TO PROCURE ABORTION

56. 'Administering drugs, or using instruments, to procure
abortion.

57. Procuring drugs, &c., to cause abortion.

PART X

CONCEALING THE BIRTH OF A CHILD

58. Concealing the birth of a child.

PART XI

UNNATURAL OFFENCES

59. Sodomy and bestiality.
60. Attempt to commit an infamous crime.

PART XI1

6 1. Carnal knowledge defined.

PART XI11

MAKING GUNPOWDER TO COMMIT OFFENCES
AND SEARCHING FOR THE SAME

62. Making or having gunpowder, &c., with intent to
commit any felony against this Act.

63. Magistrate may issue search warrants.
64. Forfeiture of dangerous or noxious things.

PART XIV

KIDNAPPING

65. Kidnapping.
66. Defence of non-resistance.

PART XV

67. Fines, and sureties for keeping the peace.

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Offences against the Person (CAP. 300 5

Section

68 . Persons convicted under this Act to pay costs of
prosecution if Court thinks fit.

69. such costs may be levied by distress.
70 . Persons loitering at night and suspected of any felony

against this Act may be apprehended.
71 . Punishment of principals in the second degree and

accessories.
72 . Fines and penalties not payable to prosecutor to be paid

to Her Majesty.
73 . Offences mentioned in this Act committed within the

jurisdiction of the Admiralty.

OFFENCES AGAINST THE PERSON

(10th April, 1873.) 711873.
411939.
511941.

1511953.
S.R.O. 2211956.

1511961.
111966.

3511982.
1211984.
4011986.

1. This Act may be cited as the Offences against the short title.
Person Act.

PART I

2. Whosoever is convicted of murder shall suffer death Murder-
as a felon.

3. (1) Upon every conviction for murder, the Court Sentence for
murder.

shall pronounce sentence of death, and the same may be
carried into execution, and all other proceedings upon such
sentence, and in respect thereof, may be had and taken in
the same manner, and the Court, before which the conviction
takes place, shall have the same power, in all respects, as
after a conviction for any other felony for which a prisoner
may be sentenced to suffer death as a felon:

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6 CAP. 300) Offences against the Person

Provided that sentence of death shall not be pronounced
on or recorded against a person convicted of an offence if
it appears to the Court that at the time when the offence
was committed he was under the age of eighteen years; but
in liku thereof the Court shall sentence him to be detained
during Her Majesty's pleasure; and if so sentenced he shall
be liable to be detained in such place and under such
conditions as the Governor-General may direct and while
so detained, be deemed to be in legal custody.

(2) The Governor-General shall direct the time and
place for the execution of the sentence of death on persons
convicted of murder, and the Provost-Marshal shall cause
the body of such murderer to be buried in such place as the
Governor-General may approve.

Conspiring or
soliciting to 4. All persons who conspire, confederate, and agree,
commit murder. to murder any person, whether he be a subject of Her Majesty

or not, and whether he be within the Queen's dominions . -
or not, and whosoever solicits, encourages, persuades,
endeavours to persuade, or proposes to any person to murder
any other person, whether he be a subject of Her Majesty
or not, and whether he be within the Queen's dominions
or not, are and is guilty of a misdemeanour, and shall be
liable to be imprisoned for any term not exceeding thirty-
five years, with or without hard labour.

Manslaughter. 5. Whosoever shall be convicted of manslaughter shall
be liable, at the discretion of the Court, to be imprisoned
for any term not exceeding thirty-five years, with or without
hard labour, or to pay such fine as the Court may award,
in addition to or without any such other discretionary
punishment as aforesaid.

Offences of
Infanticide. 6. (1) Where a woman by any wilful act or omission

causes the death of her child being a child under the age
of twelve months, but at the time of the act or omission the
balance of her mind was disturbed by reason of her not having
fully recovered from the effect of giving birth to the child
or by reason of the effect of lactation consequent upon the
birth of the child, then, notwithstanding that the
circumstances were such that but for this Act the offence
would have amounted to murder, she shall be guilty of felony,

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Offences against the Person (CAP. 300 7

to wit infanticide, and may for such offence be dealt with
and punished as if she had been guilty of the offence of
manslaughter of the child.

(2) Where upon the trial of a woman for the murder
of her child, being a child under the age of twelve months,
the jury are of opinion that she by any wilful act or omission
caused its death, but that at the time of the act or omission
the balance of her mind was disturbed by reason of her not
having fully recovered from the effect of giving birth to the
child or by reason of the effect of lactation consequent upon
the birth of the child, then the jury may, notwithstanding
that the circumstances were such that but for the provisions
of this Act they might have returned a verdict of murder,
return in lieu thereof a verdict of infanticide.

(3) Nothing in this Act shall affect the power of the jury
upon an indictment for the murder of a child to return a
verdict of manslaughter, or a verdict of guilty but insane,
or a verdict of concealment of birth, in pursuance of
section 58, except that for the purposes of the proviso to that
section a child shall be deemed to have recently been born
if it had been born within twelve months before its death.

(4) Section 58 shall apply in the case of an acquittal
of a woman upon an indictment for infanticide as it applies
upon the acquittal of a woman upon an indictment for
murder, and upon the trial of any person for infanticide it
shall be lawful for the jury, if they are satisfied that the
accused is guilty of an offence under section 29, to find the
accused guilty of such offence (notwithstanding the death of
the child in respect of whom the offence is committed) and
in that case that section shall apply accordingly.

7. Every accessory after the fact to murder shall be &:[;,":roafter
liable to be imprisoned for life. murder.

8. No punishment or forfeiture shall be incurred by E,"zz:E
any person who kills another by misfortune, or in his own
defence, or in any other manner without felony.

9. Where any person, being feloniously stricken, ~ ; ; ~ ~ ~ ~ ; , ,
poisoned, or otherwise hurt upon the sea, or at any place and manslaughter
out of Antigua and Barbuda, shall die of such stroke, in certain cases.

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8 CAP. 300) Offences against the Person

poisoning, or hurt in Antigua and Barbuda, or being
feloniously stricken, poisoned, or otherwise hurt at any place
in Antigua and Barbuda, shall die of such stroke, poisoning,
or hurt upon the sea, or at any place out of Antigua and
Barbuda, every offence committed in respect of any such
case, whether the same amounts to murder or manslaughter,
or of being accessory to murder or manslaughter, may be
dealt with, inquired of, tried and determined, and punished
in Antigua and Barbuda, in the same manner in all respects
as if such offence had been wholly committed in Antigua
and Barbuda.

Abolition of
constructive

10. (1) Where a person kills another in the course
malice. or furtherance of some other offence, the killing shall not

amount to murder unless done with the same malice afore-
thought (express or implied) as is required for a killing to
amount to murder when not done in the course or furtherance
of another offence.

(2) For the purposes of subsection ( I ) , a killing done
in the course or for the purpose of resisting a peace officer,
or of resisting or avoiding or preventing a lawful arrest, or
of affecting or assisting an escape or rescue from legal custody,
shall be treated as a killing in the course or furtherance of
an offence.

Diminished 1 . (1) Where a person kills or is a party to the killing
responsibility. of another, he shall not be convicted of murder if he was

suffering from such abnormality of mind (whether arising
from a condition of arrested or retarded development of mind
or any inherent causes or induced by disease or injury) as
substantially impaired his mental responsibility for his acts
and omissions in doing or being a party to the killing.

(2) O n a charge of murder it shall be for the defence
to prove that the person charged is by virtue of this section
not liable to be convicted of murder.

(3) A person who but for this section would be liable,
whether as principal or as accessory, to be convicted of
murder shall be liable instead to be convicted of
manslaughter.

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Offences against the Person (CAP. 300 9

(4) The fact that one party to a killing is by virtue of
this section not liable to be convicted of murder shall not
affect the question whether the killing amounted to murder
in the case of any other party to it.

12. Where on a charge of murder there is evidence
on which the jury can find that the person charged was
provoked (whether by things done or by things said or by
both together) to lose self-control, the question whether the
provocation was enough to make a reasonable man do as
he did shall be left to be determined by the jury; and in
determining that question the jury shall take into account
everything both done and said according to the effect which,
in their opinion, it would have on a reasonable man.

PART I1

13. Whosoever administers to, or causes to be Administering
poison, &c.

administered to, or to be taken by any person, any poison,
or other destructive thing, or, by any ineans whatsoever,
wounds, or causes any grievous bodily harm to any person
with intent, in any of the cases aforesaid, to commit murder
is guilty of felony, and, being convicted thereof, may be
imprisoned for any term not exceeding thirty-five years, with
or without hard labour.

14. Whosoever, by the explosion of gunpowder or :;zzrt"aOr
other explosive substance, destroys or damages any building, building with
with intent to commit murder, is guilty of felony, and, being z;z";,d';,",:R.
convicted thereof, shall be imprisoned for any term not
exceeding thirty-five years, with or without hard labour.

15. Whosoever sets fire to any ship or vessel, or any setting fire to, or
casting away a

part thereof, or any part of the tackle, apparel, or furniture ship, with intent
thereof, or any goods or any chattels being therein, or casts to murder.
away or destroys any ship or vessel, with the intent, in any
of such cases, to commit murder, is guilty of felony, and,
being convicted thereof, shall be liable to be imprisoned for
any term not exceeding thirty-five years, with or without
hard labour.

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10 CAP. 300) Offences against the Person

Attempting to
administer 16. Whosoever attempts to administer to, or attempts
poison, or to cause to be administered to, or to be taken by any person,
shooting, or
attempting to any poison or other destructive thing, or shoots at any person,
shoot, 01 or by drawing a trigger or in any other manner attempts
attempting to
drown, &c., with to discharge any kind of loaded arms at any person, or
intent to murder. attempts to drown, suffocate, or strangle any person, with

intent in any of the cases aforesaid to commit murder,
whether any bodily injury be effected or not, is guilty of
felony, and shall be liable to be imprisoned for any term
not exceeding thirty-five years, with or without hard labour.

By any other
means attempting

17. Whosoever, by any means other than those
to commit specified in the preceding sections of this Act, attempts to
murder. commit murder, is guilty of felony, and, being convicted

thereof, shall be liable to be imprisoned for any term not
exceeding thirty-five years, with or without hard labour.

PART I11

Sending letters
threatening to

18. Whosoever maliciously sends, delivers, or utters,
murder. or directly or indirectly causes to be received, knowing the

contents thereof, any letter or writing threatening to kill or
murder any person is guilty of felony, and, being convicted
thereof, shall be liable to be imprisoned for any term not
exceeding four years, with or without hard labour.

PART IV

Impeding a 19. Whosoever unlawfully and maliciously prevents,
person
endeavouring to or impedes, any person being on board of, or having quitted
save himself from any ship or vessel in distress, or wrecked, stranded or cast
shipwreck. on shore, in his endeavour to save his life, or unlawfully

and maliciously prevents, or impedes any person in his
endeavour to save the life of any such person as in this section
first aforesaid is guilty of felony, and, being convicted thereof,
shall be liable to be imprisoned for any term not exceeding
ten years, with or without hard labour.

LAWS OF ANTIGUA AND BARBUDA

Offences against the Person (CAP. 300 1 1

20. Whosoever unlawfully and maliciously, by any fzA$;n;to
means whatsoever, wounds, or causes any grievous bodily ,hoot, or
harm to any person, or shoots at any person, or by drawing wounding with

intent.
a trigger, or in any other manner, attempts to discharge any
kind of loaded arms at any person, with intent, in any of
the cases aforesaid, to maim, disfigure, or disable any person,
or to do some other grievous bodily harm to any person,
or with the intent to resist, or prevent the lawful
apprehension, or detainer, of any person, is guilty of felony,
and, being convicted thereof, shall be liable to be imprisoned
for any term not exceeding fifteen years, with or without
hard labour.

2 1. Any gun, pistol, or other arm, loaded in the barrel E:i,"z:oaded
with gunpowder, or other explosive substance, and ball, shot, .,. - -
slug, or other destructive material, or charged with
compressed air and having ball, shot, slug, or other
destructive material in the barrel, shall be deemed to be
loaded arms within the meaning of this Act, although the
attempt to discharge the same may fail for want of proper
priming or other causes.

22. Whosoever unlawfully and maliciously wounds, f;Il,',"F$tpd$
or inflicts any grievous bodily harm upon any other person, weapon.
either with or without any weapon or instrument, is guilty
of a misdemeanour, and, being convicted thereof, shall be
liable to be imprisoned for any term not exceeding five years,
with or without hard labour; and, if upon the trial of any
indictment for any felony (except in case of murder or
manslaughter), the indictment alleges that the defendant did
cut, stab, wound, or inflict grevious bodily harm on any
person, and the jury be satisfied that the defendant is guilty
of the cutting, stabbing or wounding or inflicting grievous
bodily harm charged in the indictment but be not satisfied
that the defendant is guilty of the felony charged in the
indictment, the jury may acquit of the felony and find the
defendant guilty of unlawfully cutting, stabbing, or
wounding, or inflicting grievous bodily harm, and such
defendant shall be liable to be imprisoned for any term not
exceeding five years with or without hard labour.

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12 CAP. 300) Offences afainst the Person

Attempting to
choke, &c., in 23. Whosoever, by any means whatsoever, attempts
order to commit to choke, suffocate, or strangle any other person, or, by any
any means calculated to choke, suffocate, or strangle, attempts offence.

to render any other person insensible, unconscious, or
incapable of resistance, with intent, in any of such cases,
thereby to enable himself, or any other person, to commit,
or with intent, in any of such cases, thereby to assist any
other person in committing, any indictable offence is guilty
of felony, and, being convicted thereof, shall be liable to be
imprisoned for any term not exceeding fifteen years.

Using
chloroform, &c.,

24. Whosoever unlawfully applies or administers to,
to commit any or causes to be taken by, or attempts or causes to be
indictable administered to, or taken by, any person, any chloroform,
offence.

laudanum, or other stupefying or overpowering drug, matter,
or thing, with intent, in any of such cases, thereby to enable
himself, or any other person, to commit, or with intent, in
any of such cases, thereby to assist any other person in
committing any indictable offence is guilty of felony, and,
being convicted thereof, shall be liable to be imprisoned for
any period not exceeding fifteen years, with or without hard
labour.

Maliciously
administering

25. Whosoever unlawfully and maliciously
poison, kc . , so administers to, or causes to be administered to or taken by,
as endanger any other person, any poison, or other destructive or noxious
life or inflict
bodily harm. thing, SO as thereby to endanger the life of such person, or

so as thereby to inflict upon such person any grievous bodily
harm, is guilty of felony, and, being convicted thereof, shall
be liable to be imprisoned for any term not exceeding fifteen
years, with or without hard labour.

Maliciously
administering 26. Whosoever unlawfully and maliciously
poison, &c., with administers to, or causes to be administered to, or taken by,
intent to injure,
aggrieve, or any other person, any poison, or other destructive or noxious
annoy any other thing, with intent to injure, aggrieve, or annoy such person,
person. is guilty of a misdemeanour, and, being convicted thereof,

shall be liable to be imprisoned for any term not exceeding
four years, with or without hard labour.

If the jury be 27. If, upon the trial of any person for any felony
not satisfied that
the person in the last but one preceding section mentioned, the jury
charged is guilty are not satisfied- that such person is guilty thereof, but are
of a felony, &c.

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Offences against the Person (CAP. 300 13

satisfied that he is guilty of any misdemeanour in the last
preceding section 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 he shall be
punished in the same manner is if convicted upon an
indictment for such misdemeanour.

28. Whosoever, being legally liable, either as a Not providing
husband, parent, guardian or committee, master or mistress, ~ ~ ~ . ~ 4 " ~ t ~
nurse or otherwise to provide for any person as wife, child, food, &c.,
ward, lunatic or idiot, apprentice or servant, infant, or whereby life is endangered.
otherwise, necessary food, clothing, or lodging, wilfully and
without lawful excuse, refuses or neglects to provide the same,
or unlawfully or maliciously does, or causes to be done, any
bodily harm to any such apprentice or servant, so that the
life of such apprentice or servant is endangered, or the health
of such apprentice or servant has been or is likely to be,
permanently injured, is guilty of a misdemeanour, and, being
convicted thereof, shall be liable to be imprisoned for any
term not exceeding two years, with or without hard labour.

29. Whosoever unlawfully abandons or exposes any Exposing
children whereby

child being under the age of two years, whereby the life of life is
such child is endangered, or the health of such child has been, endangered.
or is likely to be, permanently injured, is guilty of a mis-
demeanour, and, being convicted thereof, shall be liable to
be imprisoned for any term not exceeding two years, with
or without hard labour.

30. Whosoever, unlawfully and maliciously, by the Causing bodily
injury by

explosion of gunpowder, or other explosive substance, burns, gunpowder.
maims, disfigures, disables, or does any grievous bodily harm
to any person, is guilty of felony, and, being convicted
thereof, shall be liable to be imprisoned for any term not
exceeding fifteen years, with or without hard labour.

3 1. Whosoever, unlawfully and maliciously, causes Causing
gunpowder to

any gunpowder, or other explosive substance, to explode, or
or sends or delivers to, or causes to be taken or received sending to any
by, any person, any explosive substance, or any other ~ ~ ~ ~ ~ i v ~
dangerous or noxious thing, or puts or lays at any lace, substance, k c .
or casts or throws at or upon, or otherwise applies to any
person, any corrosive fluid, or any destructive or explosive
substance, with intent, in any of the cases aforesaid, to burn,

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14 CAP. 300) Offences against the Person

maim, disfigure, or disable any person, or to do some
grievous bodily harm to any person, whether any bodily harm
be effected or not, is guilty of felony, and, being convicted
thereof, shall be liable to be imprisoned for any term not
exceeding fifteen years, with or without hard labour.

Placing
gunpowder near

32. Whosoever, unlawfully and maliciously, places
a building with Or throws in, into, upon, against, or near, any building, ship
intent to do or vessel, any gunpowder, or other explosive substance, with
bodily injury to
any person. intent to do any bodily injury to any person, whether or

not any explosion takes place, and whether or not any bodily
injury is effected, is guilty of felony, and, being convicted
thereof, shall be liable to be imprisoned for any term not
exceeding fifteen years, with or without hard labour.

Setting spring-
gun &c., with 33. Whosoever sets or places, or causes to be set or
intent to inflict placed, any spring-gun, man-trap, picket or other engine,
grievous bodily calculated to destroy human life or inflict grievous bodily
harm.

harm, with the intent that the same, or whereby the same,
may destroy or inflict grievous bodily harm upon any
trespasser, or other person, coming in contact therewith, is
guilty of a misdemeanour, and, being convicted thereof, shall
be liable to be imprisoned for any term not exceeding two
years, with or without hard labour.

Drivers of
carriages injuring

34. Whosoever, having the charge of any carriage or
persons by vehicle, by wanton or furious driving or racing, or other
furious driving. wilful misconduct, or by wilful neglect, does, or causes to

be done, any bodily harm to any person whatsoever, is guilty
of a misdemeanour, and, being convicted thereof, shall be
liable to be imprisoned for any term not exceeding two years,
with or without hard labour.

Causing bodily
injury by doing

35. Whosoever by any lawful act, or by doing
or omitting to do negligently, or omitting to do, any act which it is his duty
any act. to do, causes grievous bodily injury to any other person,

is guilty of a misdemeanour, and, being convicted thereof,
shall be liable to be imprisoned for any term not exceeding
two years, with or without hard labour.

LAWS OF ANTIGUA AND BARBUDA

Offences against the Person (CAP. 300 15

PART V

36. Whosoever, by threats or force, unlawfully Obstructing or
assaulting a obstructs or prevents, or endeavours to obstruct or prevent, clergyman, or

any clergyman or other minister, in, or from, celebrating other minister in
the discharge of

divine service, or otherwise officiating in any church, chapel, hi, duties.
meetinq-house, school-house, or other place used for divine -
worship, or in, or from, the performance of his duty in the
lawful burial of the dead in any churchyard, or other burial
place, or strikes, or offers any violence to, or upon any civil
process, or, under the pretence of executing any civil process,
arrests any clergyman, or other minister, who is engaged
in, or to the knowledge of the offender, is going to perform
the same, or returning from the performance thereof, is -guilty
of a misdemeanour. -and. bein; convicted thereof. shall be "
liable to be imprisoned for any term not exceeding two years,
with or without hard labour.

3 7. Whosoever wilfully disturbs, interrupts, or Disturbing or
interrupting

disquiets any assemblage of persons met for religious worship, assemblage of
or for any moral, social, or benevolent purpose, by profane persons met for

religious, moral,
discourse, by rude or indecent behaviour, or by making a or
noise, either within the place of such meeting, or so near benevolent

purpose. it as to disturb the order, or solemnity, of the meeting, may
be arrested on view by any peace officer present at such
meeting, or by any other person present, thereto verbally
authorized by any Justice of the Peace present thereat, and
detained until he can be brought before a Magistrate, and
such offender shall, on summary conviction, forfeit and pay
such sum of money, not exceeding one thousand dollars,
as the convicting magistrate may think fit, and costs.

38. Whosoever assaults and strikes or wounds any Assaulting a
Magistrate, &c.,

Magistrate, officer, or other person whatsoever lawfully account hi,
authorized, in, or on account of, the exercise of his duty preserving wreck,

&c.
in, or concerning, the preservation of any vessel in distress,
or of any vessel, goods, or effects wrecked, stranded, or cast
on shore, or lying under water, is guilty of a misdemeanour,
and, being convicted thereof, is liable to be imprisoned for
any term not exceeding two years, with or without hard
labour.

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16 CAP. 300) Offences against the Person

Assault with
intent to commit 39. Whosoever assaults any person with intent to
felony. commit felony, or assaults, resists, or wilfully obstructs any

revenue or piace officer in the due executibn of his dut;,
or any person acting in aid of such officer, or assaults any
person with the intent to resist or prevent the lawful
apprehension or detainer of himself, or of any other person,
for any offence, is guilty of a misdemeanour, and, being
convicted thereof, shall be liable to be imprisoned for any
term not exceeding two years, with or without hard labour.

Assault with
intent to obstruct

40. Whosoever beats, or uses any violence or threat
the sale of grain of violence to, any person, to deter or hinder him from
or its free buying, selling, or otherwise disposing of any wheat or other
passage.

grain, flour, meal, malt, or potatoes, or other produce, or
goods, in any market or other place, or beats, or uses any
such violence or threat to, any person having the charge,
or care, of any wheat, or other grain, flour, meal, malt, or
potatoes, whilst on the way to or from any city, market-town,
or other place, with intent to stop the conveyance of the same,
shall, on summary conviction, be liable to be imprisoned
and kept to hard labour for any term not exceeding three
months:

Provided, that no person punished for any such offence
by virtue of this section shall be punished for the same offence
by virtue of any other law whatsoever.

Assaults on
seamen, &c.

4 1. Whosoever unlawfully and with force hinders, or
prevents any seaman, stevedore, ship-carpenter, or other
person usually working at or on board any ship or vessel,
from working at or exercising his lawful trade, business, or
occupation, or beats, or uses any violence to, any such person,
with intent to hinder, or prevent him from working at, or
exercising the same, shall, on summary conviction, be liable
to be imprisoned and kept to hard labour for any term not
exceeding three months:

Provided, that no person punished for any such offence
by reason of this section shall be punished for the same offence
by any other law whatsoever.

Assault arising
from

42. Whosoever, in pursuance of any unlawful
combination, or conspiracy to raise the rate of wages, or
of unlawful combination, or conspiracy, respecting any trade,
business or manufacture, or respecting any person concerned

LAWS OF ANTIGUA AND BARBUDA

Offences against the Person (CAP. 300 17

or employed therein, unlawfully assaults any person, or, in
pursuance of any such combination or conspiracy, uses any
violence or threat of violence to any person, with a view to
hinder him from working or being employed at such trade,
business or manufacture, is guilty of a misdemeanour, and,
being convicted thereof, shall be liable to be imprisoned for
any term not exceeding two years, with or without hard
labour.

43. When any person unlawfully assaults or beats any c;r:~,:~ault
other person, any Magistrate, upon the complaint by or on
behalf of the party aggrieved, praying him to proceed
summarily on the complaint, may hear and determine such
offence, and the offender shall, on summary conviction, at
the discretion of the Magistrate either be imprisoned, with
or without hard labour for any term not exceeding two
months, or else shall forfeit and pay such fine as shall appear
to the Magistrate to be meet, not exceeding the sum of one
thousand dollars, together with costs (if ordered).

44. When any person shall be charged before a ::s;;',",d
Magistrate with an assault or battery upon any male child, female,, and
whose age shall not, in the opinion of such Magistrate, exceed
fourteen years, or upon any female, either upon the complaint
of the party aggrieved or otherwise, the said Magistrate, if
the assault or battery is of such an aggravated nature that
it cannot, in his opinion, be sufficiently punished under the
provisions hereinbefore contained as to common assaults and
batteries, may proceed to hear and determine the same, and
every such offender shall be liable on summary conviction,
to be imprisoned, with or without hard labour, for any period
not exceeding six months, or to pay a fine, not exceeding
(together with costs) the sum of five thousand dollars and,
if the Magistrate shall so think fit, in any of the said cases,
shall be bound to keep the peace and be of good behaviour
for any period not exceeding six months from the expiration
of such sentence.

45. If the Magistrate, upon the hearing of any case Certificate of
dismissal of of assault or battery upon the merits, where the complaint

was preferred by, or on behalf of the party aggrieved under
either of the last two preceding sections, deems the offence
not to be proved, or finds the assault or battery to have been
justified, or so trifling as not to merit any punishment, and

LAWS OF ANTIGUA AND BARBUDA

18 CAP. 300) Offences against the Person

Certificate or
conviction shall
be a bar to any
other
proceedings.

These provisions
not to apply to
certain cases.

Assault
occasioning
bodily harm.

Rape.

accordingly dismisses the complaint, he shall forthwith make
out a certificate under his hand stating the fact of such
dismissal, and shall deliver such certificate to the party against
whom the complaint was preferred.

46. If any person, against whom any such complaint,
as in either of the last two preceding sections mentioned,
has been preferred by or on behalf of the party aggrieved,
has obtained such certificate, or, having been convicted, has
paid the whole amount adjudged, or has suffered the
imprisonment, or imprisonment with hard labour, awarded,
in every such case he shall be released from all further or
other proceedings, civil or criminal, for the same cause.

47. In case the Magistrate finds any assault or battery
complained of to have been accompanied by an attempt to
commit felony, or is of opinion that the same is, from any
other circumstance, a fit subject for prosecution by indict-
ment, he shall abstain from any adjudication thereupon, and
shall deal with the case, in all respects, in the same manner
as if he had no authority finally to hear and determine the
same:

Provided that nothing herein contained shall authorize
any Magistrate to hear and determine any case of assault
or battery in which any question shall arise as to the title
to any lands, tenements or hereditaments, or any interest
therein or accruing thereon, or as to any bankruptcy or
insolvency, or any execution under the process of any Court
of Justice.

48. Whosoever is convicted, upon an indictment, of
any assault occasioning actual bodily harm shall be liable
to be imprisoned for any term not exceeding five years, with
or without hard labour; and whosoever is convicted, upon
an indictment, for a common assault shall be liable to be
imprisoned for any term not exceeding two years, with or
without hard labour.

PART VI

RAPE, ABDUCTION, AND DEFILEMENT OF WOMEN

49. Whosoever shall be convicted of the crime of rape,
shall be guilty of felony, and, being convicted thereof, shall

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O8ences against the Person (CAP. 300 19

be liable, at the discretion of the Court, to be imprisoned
for any term not exceeding thirty-five years, with or without
hard labour.

50. Whosoever commits any indecent assault upon Indecent assault.
any female is guilty of a misdemeanour and, being convicted
thereof, is liable to be imprisoned for any term not exceeding
five years.

51. Where any woman of any age has any interest, EE;;ff
whether legal or equitable, present or future, absolute, her will from
conditional, or contingent, in any real or personal estate, motives lucre.
or is a presumptive heiress or co-heiress, or presumptive next-
of-kin, to any one having such interest, whosoever, from
motives of lucre, takes away or detains any such woman
against her will, with intent to marry or carnally know her,
or to cause her to be married or carnally known by any other
person, and whosoever fraudulently allures, takes away, or
detains such woman, being under the age of eighteen years,
out of the possession and against the will of her father or
mother, or of any other person having the lawful care or
charge of her, with intent to marry or carnally know her,
or to cause her to be married or carnally known by any other
person, is guilty of felony, and, being convicted thereof, shall
be liable to be imprisoned for any term not exceeding two
years, with or without hard labour; and whosoever is
convicted of any offence against this section shall be incapable
of taking any estate or interest, legal or equitable, in any
real or personal property of such women, or in which she
has any such interest, or which shall come to her as such
heiress, co-heiress, or next-of-kin as aforesaid; and if any
such marriage as aforesaid shall have taken place, such
property shall, upon such conviction, be settled in such
manner as a Judge shall appoint, upon any information at
the suit of the Attorney-General.

52. Whosoever by force takes away or detains against Forcible
abduction of any

her will any woman of any age with intent to marry or
carnally know her, or to cause her to be married, or carnally intent to

her.
known by any other person, is guilty of felony, and, being
convicted thereof, shall be liable to be imprisoned for any
term not exceeding five years.

LAWS OF ANTIGUA AND BARBUDA

20 CAP. 300) Oflences against the Person

Abduction of a
girl under 16 53. Whosoever unlawfully takes, or causes to be
years of age. taken, any unmarried girl, being under the age of sixteen . .

years, out of the possessTon'and aiainst the w i l l f her father
or mother, or of any other person having the lawful care
or charge of her, is guilty of a misdemeanour, and, being
convicted thereof shall be liable to be imprisoned for any
term not exceeding two years, with or without hard labour.

PART VII

Child stealing. 54. Whosoever unlawfully, either by force or fraud,
leads or takes away, or decoys or entices away or detains,
any child under the age of fourteen years, with intent to
deprive any parent, guardian, or other person having the
lawful care or charge of such child, of the possession of such
child, or with intent to steal any article upon or about the
person of such child, to whomsoever such article may belong,
and whosoever, with such intent, receives or harbours any
such child, knowing the same to have been by force or fraud
led, taken, decoyed, enticed away, or detained as in this
section before mentioned, is guilty of felony, and, being
convicted thereof, shall be liable to be imprisoned for any
term not exceeding three years, with or without hard labour,
and if a male under sixteen years, with or without whipping:

Provided that, no person who has claimed any right
to the possession of such child, or is the mother, or has
claimed to be the father, of an illegitimate child, shall be
liable to be prosecuted by virtue hereof on account of the
getting possession of such child, or taking such child out of
the possession of any person having the lawful charge thereof.

PART VIII

Bigamy. 55. Whosoever, being married, marries any other
person during the life of the former husband or wife, whether
the second marriage has taken place in Antigua and Barbuda
or elsewhere, is guilty of felony, and, being convicted thereof,
shall be liable to be imprisoned for any term not exceeding
three years with or without hard labour:

LAWS OF ANTIGUA AND BARBUDA

Offences against the Person (CAP. 300 2 1

Provided that, nothing in this section contained shall
extend to any second marriage contracted elsewhere than
in Antigua and Barbuda, by any other t h a n a subject of Her
Majesty resident in Antigua and Barbuda, and leaving the
same with intent to commit the offence, or to any person
marrying a second time, whose husband or wife has been
continually absent from such person for the space of seven
years then last past, and was not known by such person to
be living within that time, or shall extend t o any person who,
at the time of such second marriage, was divorced from the
bond of the first marriage, or to any person whose former
marriage has been declared void by the sentence of any Court
of competent jurisdiction.

PART IX

56. Every woman, being with chi ld , who, with the Administering
drugs, or using

intent to procure her own miscarriage, unlawfully administers instruments, to
to herself any poison or other noxious t h i n g , or unlawfully pmcure abortion.
uses any instrument, or other means whatsoever, with the
like intent; and whosoever, with in tent to procure the
miscarriage of any woman, whether she be or be not with
child, unlawfully administers to her, o r causes to be taken
by her, any poison or other noxious t h i n g , or unlawfully
uses any instrument or other means whatsoever, with the
like intent, is guilty of felony, and, being convicted thereof,
shall be liable to be imprisoned for any term not exceeding
ten years, with or without hard labour.

5 7. Whosoever unlawfully supplies, o r procures, any ~ ; ~ ~ ~ ~ ~ g s ~
voison or other noxious thing, or any ins t rument or thinn &ortion. -.
whatsoever, knowing that the samk is intended to be
unlawfully used, or employed, with i n t e n t to procure the
miscarriage of any woman, whether she be o r be not with
child, is guilty of a misdemeanour, a n d , being convicted
thereof, shall be liable to be imprisoned for any term not
exceeding two years, with or without hard labour.

PART X

58. If any woman is delivered of a c h i l d , every person ~?&' ,$~g~~~d,
who, by any secret disposition of the d e a d b o d y of the said

LAWS OF ANTIGUA AND BARBUDA

CAP. 300) Offences against the Person

child, whether such child died before, at, or after its birth,
endeavours to conceal the birth thereof, is guilty of a
misdemeanour, and, being convicted thereof, shall be liable
to be imprisoned for any term not exceeding two years, with
or without hard labour:

Provided that, if any person tried for the murder of any
child be acquitted thereof, it shall be lawful for the jury, by
whose verdict such person is acquitted, to find, in case it
so appears in evidence, that the child had recently been born,
and that such person did, by some secret disposition of such
child, or of the dead body of such child, endeavour to conceal
the birth thereof, and thereupon the Court may pass such
sentence as if such person had been convicted upon an
indictment for the concealment of birth.

PART XI

UNATURAL OFFENCES
Sodomy and 59. Whosoever is convicted of the abominable crime
bestiality. of buggery, committed either with mankind or with any

animal, shall be liable to be imprisoned for any term not
exceeding ten years, with or without hard labour.

Attempt to
commit an

60. Whosoever attempts to commit the said
infamous crime. abominable crime, or is guilty of any assault with intent to

commit the same, or of any indecent assault upon any male
person, is guilty of a misdemeanour, and, being convicted
thereof, shall be liable to be imprisoned for any term not
exceeding four years, with or without hard labour.

PART XI1

PROOF IN CERTAIN CASES
Carnal
knowledge 61. Whenever, upon the trial of any offence
defined. punishable under this Act, it is necessary to prove carnal

knowledge, it shall not be necessary to prove the actual
emission of seed in order to constitute a carnal knowledge,
but the carnal knowledge shall be deemed complete on proof
of any degree of penetration only.

LAWS OF ANTIGUA AND BARBUDA

Offences against the Person (CAP. 300 23

PART XI11

62. Whosoever knowingly has in his possession, or Making
having

makes, or manufactures any gunpowder or explosive gunpowder, kc.,
substance, or any dangerous or noxious thing, or any withintent to

commit any
machine, engine, instrument, or thing, with intent, by means felony against
thereof, to commit, or for the purpose of enabling any other this Act.
person to commit, any of the felonies in this Act, or in any
other Act, mentioned, is guilty of a misdemeanour, and,
being convicted thereof, shall be liable to be imprisoned for
any term not exceeding two years, with or without hard
labour, and, if a male under sixteen years of age, with or
without whipping.

63. Any Magistrate in any district in which such p:is:f:zhma~
gunpowder or other explosive, dangerous, or noxious ,a,,ants.
substance or thing, or any such machine, engine, instrument
or thing, is suspected to be made, kept, or carried for the
purpose of being used in committing any of the felonies in
this Act, or in any other Act, mentioned, upon reasonable
cause assigned upon oath by any person, may issue a warrant,
under his hand and seal, for searching, in the daytime, any
house, mill, magazine, store-house, warehouse, shop, cellar,
or yard, wharf, or other place, or any carriage, waggon,
cart, ship, boat, or vessel, in which the same is suspected
to be made, kept, or carried for such purpose as hereinbefore
mentioned; and every person, acting in the execution of any
such warrant, may seize any gunpowder or explosive
substance, or any dangerous or noxious thing, or any
machine, engine, or instrument, or thing, which he has good
cause to suspect is intended to be used in committing, or
enabling any other person to commit, any offence against
this Act, and with all convenient speed after the seizure, shall
remove the same to such proper place as he thinks fit, and
detain the same until ordered by a Judge to restore it to
the person who may claim the same.

64. Any gunpowder, explosive substance, or z: ::
dangerous or noxious thing, or any machine, engine, ,,ioUs things.
instrument or thing, intended to be used in committing, or
to enable any other person to commit, any offence against
this Act, and seized and taken possession of, under the

LAWS OF ANTIGUA AND BARBUDA

CAP. 300) Offences against the Person

provisions hereof, shall, in the event of the person in whose
possession the same is found, or of the owner thereof, being
convicted of any offence against this Act, be forfeited; and
the same shall be sold under the direction of the Court before
which any such person may be convicted, and the proceeds
thereof shall be paid into the Treasury to and for the use
of Antigua and Barbuda.

PART XIV

Kidnapping. 65. Whosoever, without lawful authority, forcibly
seizes and confines or imprisons any other person within
Antigua and Barbuda, or kidnaps any other person with
intent-

(a) to cause such other person to be secretly
confined or imprisoned in Antigua and Barbuda against
his will, or

(b ) to cause such other person to be unlawfully sent
or transported out of Antigua and Barbuda against his
will, or

(c) to cause such other person to be in any way
held to serve against his will,

is guilty of felony, and, being convicted thereof, shall be liable
to be imprisoned for any term not exceeding seven years,
with or without hard labour.

Defence of 66. Upon the trial of any offence under the preceding
non-resistance. section, the non-resisting of the person so kidnapped or

unlawfully confined thereto, shall not be a defence unless
it appears to the satisfaction of the Court and jury that it
was not caused by threats, duress, force, or exhibition of
force.

Fines, and
sureties for
keeping the
peace.

PART XV

OTHER MATTERS

67. When any person is convicted of any indictable
misdemeanour punishable under this Act, the Court may,
if it thinks fit, in addition to, or in lieu of, any punishment
by this Act authorized, fine the offender and require him
to enter into his own recognizances, and to find sureties both,

JAWS OF ANTIGUA AND BARBUDA

Offences against the Person (CAP. 300 2 5

or either, for keeping the peace and being of good behaviour,
and such fine may be proportioned to the means of the
offender; and, in case of any felony punishable under this
Act otherwise than with death, the Court may, if it thinks
fit, require the offender to enter into his own recognizances,
and to find sureties both, or either, for keeping the peace
and being of good behaviour, in addition to any punishment
by this Act authorized:

Provided that no person shall be imprisoned for not
finding sureties under this section for any period exceeding
one year.

68. When any person is convicted, on any indictment, Persons convicted
under this Act to

of any assault, whether with or without battery and pay costs of
wounding, or either of them, such person may, if the Court prosecution if

Court thinks fit.
thinks fit, in addition to any sentence which the Court may
deem proper for the offence, be adjudged to pay to the
prosecutor his actual and necessary costs and expenses of
the prosecution, and such moderate allowance for loss of time
as the Court shall, by affidavit or other enquiry or
examination, ascertain to be reasonable; and, unless the sums
so awarded are sooner paid, the offender shall be imprisoned
for any term the Court shall award, not exceeding three
months, in addition to the term of imprisonment (if any)
to which the offender may be sentenced for the offence.

69. The Court may by warrant in writing, order such = ; " g ? s b y
sum as shall be so awarded to be levied by distress and sale distress.
of the goods and chattels of the offender, and paid to the
prosecutor, and that the surplus (if any) arising from such
sale shall be paid to the owner; and, in case such sum shall
be so levied, the imprisonment awarded until payment of
such sum shall thereupon cease.

70. Any constable, or peace officer, may take into Persons loitering
at night and

custody, without a warrant, any person whom he shall find suspected of any
loitering in any highway, yard, or other place during the felony against

this Act may be
night and whom he shall have good cause to suspect of having apprehended.
committed, or being about to commit, any felony in this
Act mentioned, and shall take such person, as soon as
reasonably may be, before a Magistrate to be dealt with
according to law.

LAWS OF ANTIGUA AND BARBUDA

CAP. 300) Oflences against the Person

Punishment of
principals in the 71. In the case of every felony punishable under this
second degree Act, every principal in the second degree and every accessory
and accessories. before the fact shall be ~unishable in the same manner as

the principal in the firs; degree is by this Act punishable;
and every accessory after the fact to any felony punishable
under this Act (except murder) shall be liable to be
imprisoned for any term not exceeding five years, with or
without hard labour; and whosoever shall counsel, aid, or
abet the commission of any indictable misdemeanour
punishable under this Act shall be liable to be proceeded
against, indicted, and punished as a principal offender.

Fines and
penalties not

72. Every fine or penalty awarded under this Act,
payable to and not thereby directed to be paid to the prosecutor or party
prosecutor to he aggrieved, shall be payable to Her Majesty, Her Heirs and
paid to Her
Majesty. Successors, and shall be paid into the Treasury.

Offences
mentioned in this

73. All indictable offences mentioned in this Act,
~~t which shall be committed within the jurisdiction of the
within the
jurisdiction of

Admiralty of England or Northern Ireland, shall be deemed
the Admiralty. to be offences of the same nature and liable to the same

punishment as if they had been committed upon land within
Antigua and Barbuda, and may be dealt with, enquired of,
tried, and determined in Antigua and Barbuda in the same
manner, in all respects, as if they had been actually committed
in Antigua and Barbuda and in any indictment for any such
offence or for being an accessory to such an offence, the venue
shall be the same as if the offence had been committed in
Antigua and Barbuda, and the offence shall be averred to
have been committed "on the high seas":

Provided that nothing herein contained shall alter or
affect any of the laws relating to the government of Her
Majesty's land or naval forces.