OFFENCES AGAINST THE PERSON ACT

ARRANGEMENT OF SECTIONS

   1   Short title

 

Homicide

   2   Murder

   3   Sentence for murder

      Sentence of death not to be passed on pregnant woman.

      Procedure where woman convicted of capital offence alleges she is pregnant.

      Procedure regarding murder charge

   3B   [Repealed by Act 1 of 2005 s 5.]

   3C   Provisions as to appeals in relation to repeated and multiple murders

   3D   Provisions as to procedure regarding two or more murders tried together

   4   Abolition of "constructive malice"

   5   Persons suffering from diminished responsibility

   6   Provocation

   7   Suicide pact

   8   Conspiring or soliciting to commit murder

   9   Manslaughter

   10   Excusable homicide

   11   Petit treason

   12   Provision for trial of certain cases of murder or manslaughter

 

Attempts to Murder

   13   Administering poison, or wounding with intent to murder

   14   Destroying or damaging building with intent to murder

   15   Setting fire to ship, etc, with intent to murder

   16   Attempting to administer poison, etc, with intent to murder

   17   By other means attempting to commit murder

 

Letters Threatening to Murder

   18   Letters threatening to murder

 

Acts Causing or Tending to Cause Danger to Life, or Bodily Harm

   19   Preventing person endeavouring to save his life in shipwreck

   20   Shooting or attempting to shoot or wounding with intent to do grievous bodily harm

   21   What shall be deemed loaded arms

   22   Unlawful wounding

   23   Attempting to choke, etc, in order to commit indictable offence

   24   Administering drug with intent to commit indictable offence

   25   Administering poison so as to endanger life or inflict grievous bodily harm

   26   Administering poison with intent to injure or annoy

   27   Jury may acquit of felony, and find guilty of misdemeanour

   28   Abandoning or exposing child whereby life endangered

   29   Causing bodily injuries by explosion of gunpowder

   30   Causing gunpowder to explode, etc, with intent to do grievous bodily harm

   31   Placing wood on railway, etc, with intent to endanger safety of passengers

   32   Doing anything to endanger safety of passengers on railway

   33   Genocide

 

Assaults

   34   Obstructing clergyman in the performance of his duties

   35   Assaulting magistrate when preserving wreck

   36   Assault with intent to commit felony, or on constable, etc

   37   Hindering seaman from working at his trade, etc

   38   Using violence to deter person from buying or selling

   39   Summary jurisdiction to try common assaults

   40   Aggravated assaults on women or children

   41   Justices may dismiss complaint, certifying dismissal

   42   Certificate or conviction to be a bar to further proceedings

   43   Punishment for common and aggravated assaults

 

Rape; Abduction and Defilement of Women

   44 to 57   [Repealed by Act 12 of 2009 s 42.]

 

Protection of Women and Girls

   58 to 65   [Repealed by Act 12 of 2009 s 42.]

 

Suppression of Brothels

   66 and 67   [Repealed by Act 12 of 2009 s 42.]

 

   68   Search warrants

 

Child Stealing

   69   Child stealing

 

Kidnapping

   70   Kidnapping

 

Bigamy

   71   Bigamy

      Provision as to evidence

 

Attempts to Procure Abortion

   72   Administering drugs or using instruments to procure abortion

   73   Procuring drugs, etc, to procure abortion

 

Concealing the Birth of a Child

   74   Concealment of birth

 

Infanticide

   75   Offence of infanticide

 

Unnatural 0ffences

   76   Unnatural crime

   77   Attempt

 

Proof of Carnal Knowledge

   78   Proof of carnal knowledge

 

Outrages on Decency

   79   Outrages on decency

 

Other Matters

   80   Apprehension without warrant

   81   Punishment of principals in second degree and accessorized

   82   Fines and sureties for good behaviour

   83   Conviction not to be quashed for want of form, etc

   84   Costs on prosecution for assault

   85   Recovery of costs by distress

 

THE OFFENCES AGAINST THE PERSON ACT

[Date of Commencement: 1864]

Cap 268.

Laws
43 of 1958,
15 of 1962.

Acts
42 of 1963,
33 of 1967,
44 of 1968,
42 of 1969,
9 of 1972,
34 of 1973,
1 of 1979,
30 of 1988,
14 of 1992,
31 of 1995,
1 of 2005,
18 of 2005,
3 of 2006,
12 of 2009,
18 of 2010.

1   Short title

   This Act may be cited as the Offences against the Person Act.

Homicide (sections 2-12)

2   Murder

[1/2005 s 2(a).]

   (1) Subject to subsection (3), every person to whom section 3(1A) applies or who is convicted of murder committed in any of the following circumstances shall be sentenced in accordance with section 3(1)(a), that is to say-

[14/1992 s 2; 1/2005 s 2(b).]

   (a)   any murder-

         (i)   committed by a person if, in the course or furtherance of, arising out of, or ancillary to, that murder, the person commits an offence referred to in subsection (1A); or

         (ii)   committed by a person in the course or furtherance of, arising out of, or ancillary to, an offence referred to in subsection (1A),

      whether or not the individual murdered was an individual that the offender intended to murder in committing the offence;

[3/2006 s 2(a).]

   (b)   the murder of-

         (i)   a member of the security forces acting in the execution of his duties or of a person assisting a member so acting;

         (ii)   a correctional officer acting in the execution of his duties or of a person assisting a correctional officer so acting;

         (iii)   a judicial officer acting in the execution of his duties; or

         (iv)   any person acting in the execution of his duties, being a person who, for the purpose of carrying out those duties, is vested under the provisions of any law in force for the time being with the same powers, authorities and privileges as are given by law to members of the Jamaica Constabulary Force, or the murder of any such member of the security forces, correctional officer, judicial officer or person for any reason directly attributable to the nature of his occupation;

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