R v Elizabeth Burgess
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1862 |
| Date | 01 January 1862 |
| Court | Crown Court |
English Reports Citation: 169 E.R. 1387
Crown Cases
S. C. 1 New Rep. 130; 32 L. J M. C. 55; 7 L T 472; 27 J. P. 55, 9 Jur. N S. 28; 11 W. R 96; 9 Cox C. C. 247. Explained, R. v. Mann, [1914] 2 K B. 107.
[258] 1862. regina v. elizabeth burgess. (An attempt to commit suicide is not an attempt to commit murder within the meaning of the 24 & 25 Viet. c. 100, and is not merged in any of the felonious attempts to commit murder made punishable by that Act, but remains a misdemeanor at common law triable by the Court of Quarter Sessions.) [S. C. 1 New Rep. 130 ; 32 L. J M. C. 55 ; 7 L T 472 ; 27 J. P. 55 , 9 Jur. N S. 28 ; 11 W. R 96; 9 Cox C. C. 247. Explained, R. v. Mann, [1914] 2 K B. 107.] The following case was stated by the Assistant Judge of the Court of Quarter Sessions for the county of Middlesex. The prisoner was tried before me, at the Quarter Sessions of the peace for Middlesex, on an indictment which charged that she " on the 16th of September 1862 unlawfully and wilfully did attempt and endeavour to commit a certain felony that is to say that she the said Elizabeth Burgess on the day and year aforesaid unlawfully and wilfully did attempt and endeavour feloniously wilfully and of her malice aforethought to kill and murder herself the said Elizabeth Burgess against the form of the statute in such case made and provided." To this indictment she pleaded guilty. Before passing sentence, it was suggested that Courts of Quarter Sessions had no longer jurisdiction over the offence by reason of the passing of the statute 24 & 25 Viet, c 100. The 11th. 12th, 13th and 14th sections of that statute relate to attempts to commit murder by different specified methods ; and the 15th section enacts that " Whosoever shall, by any means other than those specified in the preceding sections, attempt to commit murder, shall be guilty of felony, and be liable to be kept in penal servitude for life " By the 5 & 6 Viet c. 31, s. 1, Courts of Quarter Sessions are prohibited from dealing with any felony in respect of which sentence of transportation for life can be passed upon a person not previously convicted of felony. 1388 REGINA 17. ELIZABETH BURGESS LE 4 CA. 259. [259] By the 20 & 21 Viet c 3, s 2, penal servitude is substituted for transportation. Sentence was respited , and the prisoner was committed to the House of Correction for the county, where she now is. I have to pray the judgment of this honorable Court, whether the above...
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