on her, or, if the sentence of death shall have already been passed, the sentence to be substituted for it, shall be imprisonment with hard labour for life (Sections 614-615, Criminal Code). In any case, if the jury had not been unanimous, the Court may award a sentence of hard labour for life or for a term of not less than twelve years in lieu, of the punishment of death (Sect. 504). Unlike our law and English law, certain other codes distinguish between simple wilful homicide, which they do not visit, of course, with capital punishment, and certain other forms of aggravated wilful homicide. These aggravations are based on various considerations: (a) The person of the victim (b) The means- of perpetration (c) The mode of execution (d) The character and motive of the delinquent. To the first species of aggravated homicides, belong those committed on the father, mother or other close relative or on certain public officers in the execution of their duties. To the second belong homicides by poison (“of all species of death”, Blackstone wrote, “the most detestable is that of poison: because it can of all others be least prevented either by manhood or forethought”), by arson, inundation, or great public damage. To the third belongs homicide by premeditation or accompanied with great cruelty. To the fourth belongs homicide committed for sheer brutal wickedness, or to prepare or facilitate the commission of another crime, or to cover up or to suppress the traces of another crime.
Bodily Harm “Whosoever, without the intent to kill or put the life of any person in manifest jeopardy, shall cause harm to the body or health of another person or shall cause to such other Page 275 of 350