"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 allow it to be used (R. v. Scully [1903] 23 N.Z.L.R. 380).