_Procuring Abortion._

"221. (1). Every one is liable to imprisonment with hard labour for
life who, with intent to procure the miscarriage of any woman or
girl, whether with child or not, unlawfully administers to or
causes to be taken by her any poison or other noxious thing, or
unlawfully uses any instrument or other means whatsoever with the
like intent.

"(2) The woman or girl herself is not indictable under this
section."

This section re-enacts s. 201 of the Criminal Code Act, 1893. _Cf._ s.
223, _infra_.

"Other means" must be read _ejusdem generis_ with "instrument." (_R._
v. _Skellon_ [1913] 33 N.Z.L.R. 102.)

"_Procuring her own Miscarriage._

"222. Every woman or girl is liable to seven years' imprisonment
with hard labour who, whether with child or not, unlawfully
administers to herself, or permits to be administered to her, any
poison or other noxious thing, or unlawfully uses on herself, or
permits to be used on her, any instrument or other means whatsoever
with intent to procure miscarriage."

This section re-enacts s. 202 of the Criminal Code Act, 1893.

"_Supplying the Means of Procuring Abortion._

"223. (1) Every one is liable to three years' imprisonment with
hard labour who unlawfully supplies or procures any poison or other
noxious thing, or any instrument or thing whatsoever, knowing that
the same is intended to be unlawfully used or employed with intent
to procure the miscarriage of any woman or girl, whether with child
or not.

"(2) Every one who commits this offence after a previous conviction
for a like offence is liable to imprisonment with hard labour for
life."

This section re-enacts s. 203 of the Criminal Code Act, 1893. In _R._
v. _Thompson_ [1911] 30 N.Z.L.R. 690, a person was convicted of an
attempt (s. 93. p. 209, _ante_) to procure a noxious thing although the
thing actually procured was innoxious.

"Knowing" has the meaning of "believing," and a person supplying "a
noxious thing" is guilty even when the person supplied, who states that
he required it for procuring abortion, had no intention of using it and
did not use it for that purpose (_R._ v. _Nosworthy_ [1907] 36 N.Z.L.R.
536).

If the evidence shows that prisoner intended the instrument to be used
for the purpose stated, it is sufficient without evidence of intention
on the part of the woman to use it or allo