Aboriginal Offenders Act (Amendment) 1893 (WA)

Mown auotratia.

ANNO QUINQUAGESIMO SEXTO

*****************tai7****************affl****fl****att7***** VICTORIE BEGINS

No. XV.

AN ACT to further amend " The Aboriginal

Offenders Act, 1883."

[Assented to, sth January, i893.]

WHEREAS the Punishment at present provided by Statute for

certain Felonies and Misdemeanors committed by Aboriginal Preamble.

Natives, and made summarily triable under " The Aboriginal Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Offenders Act, 1883," is inadequate, and it is expedient to increase 47 vie., No. s.

such Punishment: Be it enacted by the Queen's Most Excellent

IN this Act the word " Court " shall mean and include any or more Justices, and any one Justice exercising jurisdiction under section seven of " The Aboriginal Offenders Act, 1883," hereinafter called " The Principal Act."

Magistrate sitting alone or with one or more Justices, and any two Interpretation. 1.

2.      THE words " two years," wherever occurring in the first imapariiisnouiffimetnett in of

section of " The Aboriginal Offenders Act (Amendment), 1892,"

are hereby repealed, and the words " three years " shall be and the i""e"eit

same are hereby substituted in lieu thereof.

56° VICTORLE, No. 15.

Aboriginal Offenders Act—Amendment

IT shall be lawful for the Court, upon the conviction of any who has been previously convicted of any such offence, to sentence such offender to be imprisoned, with or without hard labor, for any term not exceeding five years, and in case of a male with or without whipping.

Punishment for 3.

offence after	aboriginal native of any offence punishable under the Principal Act,
previous conviction.

IN any information for any offence punishable under the Principal Act, and committed after a previous conviction or convictions for any such offence, it shall be sufficient, after charging the subsequent offence, to state in the information that the offender was at a certain time and place, or at certain times and places, convicted of an offence or offences punishable under the Principal Act, without otherwise describing the offence or offences, and a certificate containing the substance and effect only of the conviction for the previous offence or offences, or a copy of any such conviction, purporting to be signed by. any Justice of the Peace or police officer not under the rank of sergeant, or by the Cleric of the Court or other officer having the custody of the records of the Court where the offender was previously convicted, or to which such conviction shall have been returned, or by the deputy of such clerk or officer, shall, upon proof of the identity of the person of the offender, be sufficient evidence of such conviction without proof of the signature or official character of the person appealing to have signed the same; and the proceedings upon any information for committing any such offence, after a previous conviction or convictions, shall be as follows: that is to say, the offender shall in the first instance be tried for the subsequent offence, and if found guilty, or if he plead guilty, he shall then be asked whether he has been previously convicted as alleged, and if he answer that he has been so previously convicted he may be sentenced accordingly, but if he deny that he has been so previously convicted, or stand mute, or will not answer directly to such question, the Court may find the fact of such previous conviction or convictions, and sentence him accordingly.

Information for 4.

subsequent offence.

THIS Act shall be incorporated and read as one Act with the Principal Act and " The Aboriginal Offenders Act (Amend-

Incorporation. 5.

Short Title.

ment), 1892," and may be cited as " The Aboriginal Offenders Act

(Amendment), 1893."

In the name and on behalf of the Queen I hereby assent

to this Act.

W. C. F. ROBINSON, Governor.

By Authority : RICHARD PETHER; Government Printer, Perth.