Statute of Stabbing

Last updated

Statute of Stabbing 1603
Coat of Arms of England (1603-1649).svg
Long title An Act to take away the Benefit of Clergy from some kind of Manslaughter.
Citation 1 Jas. 1. c. 8
Territorial extent  England and Wales
Dates
Royal assent 7 July 1604
Commencement 7 July 1604 [a]
Repealed
Other legislation
Repealed by
Status: Repealed
Text of statute as originally enacted

The Statute of Stabbing [1] was an act of the Parliament of England enacted during the reign of James I that provided that if any person stabbed "any person that hath not any weapon drawn or that hath not then first stricken the party", and they died within six months as a result, was to suffer the death penalty without being permitted benefit of clergy.

Contents

Under the statute, killings subject to benefit of clergy were called manslaughters and required that a defendant prove a "sudden quarrel" or provocation. Deaths resulting from armed attacks that had been planned in advance were called murders. [2]

Legacy

The act was repealed for England and Wales by section 1 of the Offences against the Person Act 1828 (9 Geo. 4. c. 31) and for India by section 125 of the Criminal Law (India) Act 1828 (9 Geo. 4. c. 74).

Notes

References

  1. The Law Commission. A New Homicide Act for England and Wales. Consultation Paper No 177. Paragraph 1.93 at page 17.
  2. Binder, Guyora (1 November 2014). "Homicide". The Oxford Handbook of Criminal Law. doi:10.1093/oxfordhb/9780199673599.013.0031. ISBN   978-0-19-967359-9 . Retrieved 2 February 2018.

Further reading