Other Offences Endangering Life or Health
Disabling in order to commit indictable offence – s315:
Any person who, by any means calculated to choke, suffocate, or strangle,
and with intent to commit or to facilitate the commission of an indictable offence, or to facilitate the flight
of an offender after the commission or attempted commission of an indictable offence,
renders or attempts to render any person incapable of resistance, is guilty of a crime, and is liable to
imprisonment for life (Code s 315).
• Calculated – objective meaning of “likely” and not a subjective meaning or “intended”: Lansbury
• Resistance – can be constituted by calling out for help: Osbourne
Stupefying in order to commit indictable offence – s316:
Any person who, with intent to commit or to facilitate the commission of an indictable offence, or to
facilitate the flight of an offender after the commission or attempted commission of an indictable offence,
administers, or attempts to administer, any stupefying or overpowering drug or thing to any person, is guilty
of a crime, and is liable to imprisonment for life.
• Sufficient if no more is done than to give, supply or provide a stupefying drug to a person who, knowing
its effects, voluntarily inhales it: Murphy
• A thing that stupefies by intoxicating is a stupefying thing: Murcott
• Ordinary meaning of the word stupefying is that something has the effect of dulling the sense of faculties
or blunting the faculties of perception or understanding…need not be a total deprivation of sensibility:
Negligent acts causing harm – s328:
Any person who unlawfully does any act, or omits to do any act
which it is the person’s duty to do,
by which act or commission bodily harm is actually caused to any person, is guilty of a misdemeanor, and is
liable to imprisonment for 2 years: s328(1) CC.
Duty: The duties which are relevant to criminal negligence apply to this offence.
• Duty to provide necessaries - s 285
• Duty of person who has care of child - Code s 286
• Duty of persons doing dangerous acts - Code s 288
• Duty of persons in charge of dangerous things - Code s 289