Crimes Act 1854 (SA)

No. 10.

AB Act to amend the Criminal Law.

[Assented to, December 4, 1854.1

W HEREAS it is expedient to amend the Law relating to M b h. certain offences, and to provide for the more easy enforce

ment of recognizances-Be it therefqre Enacted, by the Lieutenantc

Governar of the Province of South Australia, with the advice and

consent of the Legislative Council of the same, as follows:

l. When anv Derson shaU be charged before any Local Corirt with ~uniahment W

aaults U on w o w *

an assault upod t k y female whateve{ or upon ani male child whose ,, Chil&m.

aee shall not. in the opinion of such Court, exceed fourteen vears,

&her upon the comdaint of the party aggrieved, or otherw&e, it shall be lawful for the said Court, if the assault is of such an aggra-

vated nature that it cannot, in the opinion of such Court, be s&

ciently punished under the provisions of any law heretofore apphcable. thereto, to proceed to hear and determine the matter of such charge in a summary way; and if such Court shall find the sqme to be proved, to convict the person accused; aad every offeqder so convicted, shdL be liable to be sentenced to penal servitude for a period not exceed- ing twelve calendar months, or to pay a fine not exceeding (togetha with costs) the sum of Fifty Pounds, and in default of payment, to be;

sentenced as aforesaid foc a pedod not exceedi~g twelve oaleqdqn

months, unless such fine and costs be sooner paid; and, if the s&k

Court shalt so think fit, shall be bound to keep the peace and be ofr

ood behavior for any period not exceeding twelve calendar months

f op +e expiration of wch sentence ;, ~ n d a u ~ h convictim shall be a

b q tq &U future prw+$iqge, civil a,q ~:rkinaE, fgr on in & afi

tbg w e mult; no persgn con~kt& wde~? tktka;LaweM ?m

qf $fk@ to a p ~ 4 again@ W G ~ C Q I P Y ~ G ~ ~.

and to commit any felony therein, or if any person shall be found by

night having in his possession without lawful excuse (the proof of

which excuse shall lie upon such %erson), any picklock key, crow,

jack, bil, or other implement of housebreaking, or if any person shall be found by night having his face blackened or otherwise disguised

with intent to commit any felony, or if any person shall be found by night in any dwelling-house or other building whatsoever with in- tent td commit any felony therein, every such offender shall be guilty of a misdemeanor, and, being convicted thereof, shall be liable, at the discretion of the Court, to be sentenced to penal servitude for any term

not exceediiig three years,

Any penion convicted

of such midememor	3. If any person shall be convicted of any such misdemeanor as
rfter a previom oon-

viction of felony or	aforesaid, committed after a previous conviction, either for felony
much misdemeanor,	or such misderneanor as aforesaid, such person shall on such sub-
guilty of misdemea-
nm.	sequent conviction be liablc?, at the discretion of the Court, to be sentenced to penal servitude for a period not less than two years nor more than six years; and in any information for snc.11 misdemeanor committed aftcr a previous conviction as aforesaid, it shall be sufficient to state that the offender was at a certain time and place convicted of felony or misdemeanor, without otherwise describing the previous felony a- misdemcanor, and a certificate cuntaining the substance and effect only (omitting'the fonnal part) of the information and convic- tion for the previous felony or rnisdaneanor, purporting to be signcd by the Clerk of the Court or other officer having the custody of the records of the Court where the offender was first convicted, or by the deputy of such Clerk or officer (for which certificate a fee of Five Shillings and no more shall bc dcmancled and taken) shall, upon proof of the identity of the pcrson of the offender, be s~dFicient evi- dence of the first conviction, without proof of the signature or official character of the pcrson appearing to haw signed the same.

P m * g ~Mwo- 4. And whereas it is expedient to make further provisions for the puni~hment

k m &C., in order to of persons using chloroform or other stupifying things

,

guilty of felony.	in order the better to enable them to commit felonies-Be it Enacted, That if any person shall unlawfully apply or administer. or attempt
num, or other stupifying or overpowering drug, matter, or thing, with to apply or administer, to any other person any chloroform, lauda-
intent thereby to enable such off'endcr or any other perso11 to corn- mit, or with intent to assist such offender or other person in commit. ting, any felony, every such offender shall be guilty of felony, and
being convicted thereof, s l d l be liable, at the discretion of the Court,
to be sentenced to penal servitudc for any term not being less t h
four years.

P- inflicting 5. And whereas it is expedient to make further provision for the

grieyOmbodil~ hum, punishment of aggravated assaults-Be it Enacted, That if any per-

guilty of a misde-

m-m,	and liable tu son s h d unlawfully and maliciously inflict upon any other person,
three y	d imprison-

ment.	either with or without any weapon or instrument, any grievous bodilg harm, or unlawfully and maliciously cut, stab, or wound any other peson, every such offender shall be guilty of a misdemeanor, and, being convicted thereof, shall be liahlc. at the discrrt,ion af the Court,
to be sei~teaced to penal servitude for a n y term not exceeding three years-

6. G

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6. If, upon the trial of any information for any felony, except On indictment for f&m-

murder or manslaughter, where the indictment shall allege that the $c.,ths

defendant did cut, stab, or wound any pewon, the jury shall be satis- ~ ~; a ~ ~ ~ C ~ f t t r $	fied that the defendant is guilty of he cutting, stabbing, or wound- unlawftll~ cut-,
ing charged in such indictment, but are not satisfied that the dcfcn-

z

dant is guilty of the felony charged in such indictment, then, and in every 'such case, the jury may acquit the defendant of such felony,

and find him guilty of unlawfully cutting, stabbing, and wounding;

and thereupon such defmdnnt shall be liable to be punished in the same manner as if' he had been convicted upon an indictment for the misdemeanor of cutting, stabtrlag, or wounding.

7. If any pcrson shall wilfully and maliciously put, place, cast, or Persona wilfutly pia-

throw upon or across qny railway any wood, stone, or other matter, $fw;rd&::; ; or thing, or shall wilfully or ~wdiciously take up, remove, or displace rails, &C., tuning mschiney, or how-

any rail, leep per, or other matter or thing belongh~g to any railway, ing sign s, Cc.,

or shall wilfully and maliciou~ly turn, move, or divert any points or intcnt to commit in-.

other machinery belonging to any railway, or shall wilfully and ma- endanger the eafeQ juries to railway or

liciously make or show, hide, or remove anv signal or light upon or pereonsl @Q of

fclony.

near to any railway, or bhall wilfully and maliciously do, or cause to be done, any matter or thhg, ~vitb intent in any of the c a m afore- said, to obstruct, upset, overthrow, injure, or destroy any engine, tender, carriage, or truck, using such railway, or to cnclanger the safety of any person tlavelling or being upon such ~ailway, every such offmd~r rhall be guilty 6f felony, and, being convicted thereof,, shall be liable, at the discretion of the ('ourt, to be sentenced to penal ~ervitudc for any term not cxcceding ten years, and not less thin four years.

cause to fall or strike against, into, or upon any engine, tender, car- uponany raihay car- cast any wood, &c,, 8, If any person hall wilfully and maliciously cast, throw, or If any person &all

riage, or truck wed upon any railway, any wood, stone, or other r 1 w 7 with intent &

matter or thing, with intent to cndanger the safety of any person any pcraon thereuq endanger the eafetp of

being in or upon such mmine, tender, carriage, or truck, every- such ;kyz;t;n;~ F

offender shall be ~ u i l t y of Sclony, and, being convicted thereof', shall

be liablc, at the discretion of the Court, to bc sentenced to penal servitude fbr any pe r i~d not less than two years, and not exceeding eight gcars.

9. If any pcrson shall wilfully and maliciously set fire to any sta- Any pemn wi-J setting hre to any

tion, emgive-house. warchonse, or othcr building belonging or apper- railway station, &C.,

taining to any railway, dcck, canal, or other navigation, every such gUatyof

erson shall Ee guilt? of felony, and, being con\-icted thereof, shall be

{able, at the discretion of the Court, to be sentenced to penal seni-

tude for the telm of his natural life, or for any term not less than

four years; and if any permn shall wilfully and maliciouely set fire to any goods or chattels, being in any building, the setting fire to which is mndc felony by this or any other Act of Council, every such offender shall be guilty of Sclony, and, being convicted thereof, shall be liable, at the di~crction of the Court, to be sentenced to penal servitude for any term not exceeding six years

1 $0. It slpq be bwfd for-any pmwn aabataptqer, to apprehend ay

rsm who ?hall be fouqQ committing aqy offeqce the p*

i o n s of this Act, ~ n d to convey him qr deliver him tq soqe Police

Constable or other peace officer, in order to his b$ng co~yeyed, p soon as conveniently may be, before a Juqtice of the Peace, tq be

dealt &th according to Law.

person mv aP- 11. wpereas doubts have been entertained as to the authority

J end persons corn-

mittkg indictable of-

to apprehend persons found committing indictable offences in the

fenm in the night,

and convey them be-

night, for remedy thereof-Be it Enacted, That it shall be lawfa for

fore a Justiue.

any person whatsocver to apprehend any person who shall be found committing any indictable offence in the night, and to convey him

or deliver him to some Police Constable or other peace officer, in

order to his being conveyed, as soon as conveniently may be, before

a Justice of the Peace, to be dealt with according to Law.

12. If any person liable to be apprehended under the provisionr

of this Act, shall assault or offer any violence to any person by Law authoriqed to apprehend or detain him, or to any person acting in hi8

aid or assistance, every such offender shall be guilty of a misdemeanor,

and being convicted thereof, shall be liable to be sentenced to penal

servitude for any not exceeding three years.

night, in affencee 13. The time at which the night shall commence and conclude in

be m y offencc against the provisions of this Act shall be the same as

*t

M in burglary.

in cases of burglary.

Eufopment of re-	14. Where any recognizance is entered into by any person as prin- cipal or surety before any Justice of the Peace or Special Magistrate, it shall be lawful for any Local Court of Full Jurisdiction to declare such recognizance to be forfeited upon proof of any offence, act, matter, or thing, which is in Law a breach of the condition of the same; and upon further proof that a notice in writing, in the name of Her Majesty's Attorney or Advocate-General, has, fourteen clear days before the holding of such Court, been personally served upon
v-
plication will be made to the said Court that the said recognizance (if more than one), who entered into such recognizanees, that an ap or left at the usual place of abode of the party, or each of the parties
shall be declared forfeited; and if such recognizance shall be declared forfeited, the said Court shall order the same to be paid, and there
upon the same proceedings shall be had and taken as are by Law dk
rected in the case of a conviction adjudgrng a pecyniary qenalty. +. or
compensation to be paid