Crimes Act 1951 (ACT)
AUSTRALIAN CAPITAL Tl RRITORY.
| m | No. 14 of 1951. |
AN ORDINANC !E Relating to Crimes.
| • | nor-General in and |
T ) E it ordained by the Deputy of the Gover o v e r the Commonwealth of Austral ia, wi th the advice of the
J 3 powers conferred Federal Executive Council, in pursuance of th 1909-1938 and the
by the Seat of Government Acceptance Act 1947, as follows :—
| ^£iait of Government | (Administration) | Act 1910 |
1. This Ordinance may be cited as the Crime Ordinance 1951. Short title. 2. In this Ordinance— Definition.
'' the Crimen Act " means the Crimes Act 1900 of the State
of New South Wales in its application to the Terri tory.
3 . The Crimes (Girls ' Protect ion) Act, 1910 of the State of Crimes (Girls' Protection) New South Wales shall cease to apply to the Terri tory. Act 1910 to
cease to apply.4 . Section one of the Crimes Act is amended— Short title
and contents(a) by omitting from the portion of that section relating to P a r t I I I . the words " (9) Rape and similar offences.— si'. 62-78 " and insert ing in their stead the words—
of Act.
" ( 9 ) Rape and similar offences.—ss. 6 2 - 7 8 G . " ;
(b) by omitting from the portion of that section relating to
P a r t I I I . the words " ( 1 3 ) Abduction.—ss. 86-91."
and inserting in their stead the words " (13) Abduc- tion and similar offences.—ss. 86-91o."; and
(c) by omitting from the portion of tha t section relat ing to
P a r t X I V . the portion relating to Chapter 1. of that
| ^ | P a r t and inserting in its stead the following:— |
6125.—PRICE 8n.
| w | " Chapter I.—Certain indictable | offences | punishable |
summarily.—ss. 476-481.".
5 . Section sixty-four of the Crimes Act is repealed and the
following section inserted in its stead :—
" 64. Where on the t r ia l of a person for rape, the j u r y are Trial for
rape—verdict
satisfied tha t— of carnal
knowledge.(a) the female was a girl under the age of sixteen years,
but above the age of ten years ; and
(b) the accused had carnal knowledge of her, but with her
consent,
they may acquit him of the rape charged and find him guilty 'of an
offence under section seventy-one of this Act.".
* Notified In the Commonwealth Gazette on 14th December, 1951.
*
•2
6. Sections sixty-nine, seventy, seventy-one, seventy-two^^ seventy-three, seventy-four, seventy-five, seventy-six, seventy-seve^H and seventy-eight of the Crimes Act are repealed and the following^* sections inserted in their stead:—
Trial for carnal " 69. Where, on the trial of a person for carnally knowing a knowledge— girl in fact girl under the age of ten years, the jury are satisfied that— over ten. (a) she was of or above that age, but under the age °|^M
sixteen years; and V |
(6) the accused had carnal knowledge of her,
they may acquit him of the offence charged and find him guilty
of an offence under section seventy-one of this Act.
Trial for "70. "Where, on the trial of a person for carnally knowin^^^ carnal
knowledge- girl under the age of ten years, the jury are satisfied that— i verdict of
assault with (a) she was of or above the age of sixteen years; and intent. (b) the accused did not have carnal knowledge of her, but was guilty of an offence under section seventy-two of this Act, they may acquit him of the offence charged and find him guil ty
of an offence under that section.
oamaiiy " 71. A person who unlawfully and carnally knows a girl of or between fen"1 above the age of ten years but under the age of sixteen years is
and sixteen. liable to penal servitude for ten years. Attempts. " 72. A person who at tempts unlawfully and carnally to know, or assaults with intent unlawfully and carnally to know, a girl
of or above the age of ten years and under the age of sixteen yearsis liable to penal servitude for five years.
camai " 72A. A person who, knowing a woman or girl to be an idiot or !dtotoerdge°f imbecile, has, or at tempts to have, unlawful carnal knowledge of imbecile.
jjer is liable to penal servitude for five years. g^ Carnal " 73. A teacher, father or step-father who unlawfully and < knowledge by teacher, <fcc.' carnally knows a girl of or above the age of ten years and under the age of seventeen years, being his pupil, daughter or step- daughter, is liable to penal servitude for fourteen years. Attempts. 74. A teacher, father or step-father who attempts unlawful ly! and carnally to know or assaults with intent unlawfully an' carnally to know, a girl of or above the age of ten years and under the age of seventeen years, being his pupil, daughter or step- daughter, is liable to penal servitude for seven years.
Alternative " 75. Nothing in the last two preceding sections prevents charge. teacher, father or step-father from being prosecuted under secti
seventy-one or seventy-two of this Act.
*
76. A person who assaults a female and at the time of, or ^ ^ n t
| i | for three years, or, if the female is under the age of sixteen years, |
| upon or in the presence of that female is liable to imprisonment mmediately before or after, the assault commits an act of indecency | |
| to penal servitude for five years. |
77. It is a defence to a charge under section seventy-one or Defences.
^seventy-two of this Act, or, if the female is under the age of sixteen years, to a charge under section seventy-six of this Act, 'if it appears to the court or jury that, at the time of the alleged offence—
(a) the female was over the age of fourteen years;
(6) she consented to the commission of the offence; and
| 4^A | (c) | either— |
(i) she was a common prostitute or an associate of
common prostitutes; or
(ii) the person charged had reasonable cause to believe, and did believe, that she was of or above the age of sixteen years.
" 77A. The consent of the woman, girl, pupil, daughter or step- consent no
, T . . defence in
daughter is no defence to a charge under section sixty-seven, certain cases.
sixty-eight, seventy-one, seventy-two, seventy-two A, seventy-three,
or seventy-four of this Act, or, if the female is under the age of
sixteen years, to a charge under section seventy-six of this Act.
" 78. If the girl was, at the time of the alleged offence, over the limitation.
age of fourteen years and under the age of sixteen years, no prosecution under section seventy-one, seventy-two or seventy-six of this Act shall be commenced after the expiration of twelve months from the time of the alleged offence.
" 78A. A male who has carnal knowledge of his mother, sister, incest by male.
daughter or granddaughter (whether the relationship is of half-
^ » o d or full blood, or is or is not traced through lawful wedlock)
| is liable to penal servitude for seven years. |
" 78B. A male who attempts to commit an offence under the last incest by male,
preceding section is liable to imprisonment for two years.
ather, father, brother or son to have carnal knowledge of her ema( 78c. A female who, with her consent, permits her grand-incest by
| » | whether the relationship is of half-blood or full blood, or is or is not traced through lawful wedlock) is liable to penal servitude for seven years. |
78D.— (1.) It is a defence to a charge under any of the last Defences.
three preceding sections that the person charged did not know that he person with whom the offence is alleged to have been committed
| i | A'as related to him or her, as alleged. |
" (2.) The consent of the person with whom the offence is
alleged to have been committed is no defence to a charge under J section seventy-eight A or seventy-eight B of this Act. '
Removal from
" 78E. On the conviction of a father or step-father of an offence under section seventy-three or seventy-four of this Act or of a male of an offence under section seventy-two A, seventy-eight A or seventy-eight B of this Act, the court may—
guardianship, Ac. (a) divest the offender of all authority over the female with i
whom the offence is committed or, if the offender is her guardian, remove the offender from that guardianship; and
(&) appoint a person or persons to be her guardian or guardians during her minority, or for a greater or less period.
fl
Rape or
attempt— " 78F. Where on the trial of a male for an offence under section he is guilty of the offence charged, but are satisfied that he is guilty of an offence under section seventy-eight A or seventy-eight B of this Act, they may acquit him of the offence charged and find him guilty of an offence under section seventy-eight A or seventy- eight i! of this Act. verdict of sixty-three or sixty-five of this Act, the jury are not satisfied that incest or attempt. Sanction of Attorney- " 78G.— (1.) A prosecution for an offence under section seventy- General. eight A, seventy-eight B or seventy-eight c of this Act shall not be
commenced without the sanction of the Attorney-General." (2.) All proceedings under section seventy-eight A, seventy- eight B or seventy-eight c of this Act shall be held in camera".
7. Section eighty-five of the Crimes Act is repealed and the following section inserted in its stead:—
Concealment "85.— (1.) A person who wilfully conceals or attempts to of birth. conceal the birth of a child by disposing of its dead body, whether the child died before, after or during its birth, is liable to imprisonment for two years. gm
" (2.) It is a sufficient defence to a charge under this sectiorP if the accused person satisfies the court or jury that the dead body in respect of which the disposition took place had issued from the body of its mother before the expiration of the twenty-eighth week of pregnancy.".
8. After section ninety-one of the Crimes Act the followingj sections are inserted:—
Procuring, *fcc.
" 91A. A person who procures, entices or leads away a female under the age of twenty-one years, whether with her consent or not, with intent that another person carnally know her, either within or without the Territory, is, notwithstanding that any of the acts constituting the offence is committed outside the Territory, liabl
female under twenty-one.
to penal servitude for seven years. i " 91B. A person who, by means of fraud, violence, threat or procuring abuse of authority, or by the use of drugs or intoxicating liquor, drugs? &c. procures, entices or leads away a female of or above the age of
twenty-one years with intent that another person carnally know her, either within or without the Territory, is, notwithstanding that any of the acts constituting the offence is committed outside the Territory, liable to penal servitude for ten years.
" 9 1 c . A m a l e w h o — Male living on (a,) has been convicted under the Vagrancy Act, 1902 of the prostitution.
State of New South Wales in its application to the Territory, or under an Act, applying to the Territory, which amends or replaces that Act, of an offence of knowingly living, wholly or in part, on the earnings
I of prostitution; and (6) afterwards commits that offence,
is liable to imprisonment for three years.
" 91D. A person who employs in, or knowingly allows to resort Employment,
to be or be upon, premises used as a brothel or house of ill-fame, a brothel of girl under the age of eighteen years, is liable to penal servitude for eighteen" five years.".
9. After section one hundred and eighty-nine of the Crimes Act the following section is inserted :—
" 189A.— (1.) A person who, without lawful excuse, receives or deceiving, &c, . „, goods stolen has in his possession any property stolen outside the territory, out of New
knowing the same to have been stolen, is liable to penal servitude
for ten years." (2.) For the purposes of this section, property shall be deemed to have been stolen if it has been taken, extorted, obtained, embezzled, converted, or disposed of under such circumstances that if the act had been committed in the Territory the person committing it would have been guilty of an indictable offence under the law of the Territory.
I " (3.) A person is not liable to conviction under this section if the taking, extorting, obtaining, embezzling, converting, or disposing is not a criminal offence in the place in which the act is committed.
10. Section four hundred and twenty-nine of the Crimes Act is repealed and the following section inserted in its stead:—
"429.—(1.) Where a person under the age of sixteen vears is court may v ;
' i • A i release juvenile
convicted on indictment of an offence under this Act, the court offender on
recognizance.
may—
(a) abstain from passing sentence upon him if he enters
into a recognizance with sureties that he will—
(i) appear and receive sentence if, within three
years, he is so required; and
(ii) keep the peace and be of good behavior for
that period; or
(b) direct that, instead of, or in addition to, any sentence, he be sent, forthwith or at the expiration of his sentence, to an institution in the State of New South Wales for the reception, detention and maintenance of children in pursuance of the provisions of the Child Welfare Agreement Ordinance 1941.
" (2.) Where a person of or above the age of sixteen years and under the age of eighteen years is convicted—
(a) of an offence under section seventy-one, seventy-two or seventy-six of this Act, and the jury are satisfied that the girl in question was at the time of the offence of or above the age of fourteen years and under the age of sixteen years; or
(b) of an offence under section seventy-two A, seventy-eight
A or seventy-eight B,
he may be dealt with in the manner provided by the last preceding sub-section or under the provisions of sections thirty, thirty-one, thirty-two and thirty-three of the Neglected Children and Juvenile Offenders Act, 1905 of the State of New South Wales in its applica- tion to the Territory, as amended by the Juvenile Offenders Ordinance 1941.".
11. Chapter I. of Part XIV. of the Crimes Act is repealed and the following Chapter inserted in its stead:—
" CHAPTER I.—Certain indictable offences punishable summarily.
Extent of "476.—(1.) Where a person is charged before a court of summary jurisdiction with an offence mentioned in the next succeeding section, and the evidence for the prosecution is, in the opinion of the court, sufficient to put the accused on his trial, but it appears to the court that the case may properly be disposed of summarily, the court shall, if the subject-matter of the charge, or the value of the property involved, does not exceed One hundred pounds, have jurisdiction to hear and determine the charge in a
summary manner, and pass sentence upon the person so charged. " (2.) The jurisdiction conferred by this section may be exer- cised without the consent of the accused, but the court shall not have jurisdiction to hear and finally determine a charge if it appears to the court that the offence, having regard to its serious- ness or the intricacy of the facts or the difficulty of any questions of law likely to arise at the trial, or any other relevant circum- stances, ought to be tried by the Supreme Court. List of jurisdiction.
offences "477. The offences referred to in the last preceding section within are- jursidiction. (a) attempting to commit suicide;
(b) concealment of birth where the accused is the motherof the child, and is not charged jointly with any other
person;
(c) simple larceny;
(d) escaping from lawful custody;(e) stealing any chattel, money or valuable security from
the person of another;
(/) an offence mentioned in any of the following sections of this Act, namely, sections one hundred and twenty- five, one hundred and twenty-six, one hundred and thirty-one, one hundred and thirty-two, one hundred and thirty-three, one hundred and thirty-four, one hundred and thirty-nine, one hundred and forty, one hundred and forty-four. one hundred and fourty-seven, one hundred and forty-eight, one hundred and fifty, one hundred and fifty one, one hundred and fifty-two, one hundred and fifty-four, one hundred and fifty-six, one hundred and fifty- seven, one hundred and fifty-eight, one hundred and fifty-nine, one hundred and sixty, one hundred and sixty-five, one hundred and sixty-six, one hundred and sixty-eight, one hundred and sixty-nine, one hundred and seventy-nine, one hundred and eighty- six, one hundred and eighty-eight, one hundred and eighty-nine, one hundred and ninety, one hundred and ninety-two, two hundred and eight, two hundred and sixteen, two hundred and seventeen, two hundred and eighteen, two hundred and nineteen, two hundred and twenty, two hundred and forty-four, two hundred and forty-five, two hundred and forty-six, two hundred and forty-seven, two hundred and forty-eight, two hundred and seventy-three, two hundred and seventy- four and two hundred and seventy-five; and
(g) attempting to commit an offence mentioned in this
section.
"478. "Where a person is convicted of an offence by virtue of punishment
this chapter, he is liable to imprisonment for a term not exceeding msuchcases twelve months or to a fine not exceeding Fifty pounds or if he is, in the opinion of the court, under sixteen years of age, to imprison- ment for a term not exceeding three months or to a fine not exceed- ing Ten pounds.
or magistrates shall, if requested, make out, and deliver to the 18imss " 480. In any such case, if the case is dismissed, the magistrate certificate of person charged, a certificate under his hand or their hands stating
the fact of the dismissal.
" 481. A conviction in pursuance of this chapter has the same summary
effect as a conviction upon indictment for the offence would have diS'aiabar had, and a person who is convicted, or a charge against whom t0 mdictment- is dismissed, in pursuance of this chapter is not afterwards liable
to prosecution for the same cause.".12. Section five hundred and fifty-four of the Crimes Act, is repealed and the following section inserted in its stead :—
4
Hard or light
"554.— (1.) Where imprisonment is awarded by a court of summary jurisdiction for an offence punishable under this Act or any other law of the Territory, the court may direct that the offender be imprisoned in any gaol, with either hard labour or light labour.
labour. Recognizance " (2.) A court of summary jurisdiction may, in addition to, U for good behaviour. or in substitution for, any sentence imposing a fine or of imprison- ™
ment, require the offender to enter into a recognizance, with or
without a surety or sureties, to be of good behaviour for a term
which shall not be less than twelve months or more than three years,
and may direct that, in default of entering into the recognizance,
the offender be imprisoned, or further imprisoned, for a period ' " ' ^ B exceeding three months, unless the recognizance i?. sooner entered into, but so that the total term of the imprisonment and further imprisonment shall not together exceed twelve months. Damages and compensation. " (3.) Where a person is convicted of an offence by a court of summary jurisdiction, the court may, at the time of the convic- tion, or at any time thereafter upon notice given to the offender, direct that a sum not exceeding Fifty pounds be paid to any person aggrieved by way of compensation for injury or loss sustained by reason of the commission of the offence. " (4.) Any sum so directed to be paid shall be paid by the offender to the Clerk of the Court, to be paid by him to the person aggrieved. " (5.) A direction under this section shall be deemed to be a conviction or order whereby a sum of money is adjudged to be paid within the meaning of the Court of Petty Sessions Ordinance 1930-1951.". performance Security for 13. Section five hundred and fifty-nine of the Crimes Act is
of order. amended by omitting sub-section (2.) and inserting in its stead the.
following sub-section:— ' " (2.) The Court may also, if it thinks fit, require the offender to give security for the performance of any such order, or may direct that the recognizance mentioned in sub-section (2.) of section five hnndred and fifty-eight of this Act shall be further conditioned that the offender shall perform any order made or any directions given under sub-section (1.) of this section and may in the sentence passed upon the offender sentence him to such additional terms as to the Court may seem fitting to be served by him in the event of his failure to give that security or to comply with that condition of the recognizance, and may make the discharge of the offender from custody conditional upon such security being given or recognizance so conditioned being entered into.".
4
'.)
14. Section five hundred and sixty-one of the Crimes Act is repealed and the following section inserted in its stead:—
"561.—(1.) If, during the period specified in the recognizance, Forfeiture of w -i T i j recognizance, an offender so discharged— &c. (a) is proved to the Judge of the Supreme Court or a magistrate to have failed to comply with a condition of the recognizance or to report his address and occupation to the person, at the times and in the manner prescribed by the last preceding section;
(b) is charged by an officer of police with getting his livelihood by dishonest means, and, upon his being brought before a magistrate, it appears to the magistrate that there are reasonable grounds Lor
I believing that he is getting his livelihood by dishone.it
means;(c) on being charged with an offence punishable on indict- ment or summary conviction, and on being required by the magistrate or magistrates before whom he is charged to give his name and address, refuses to do so, or gives a false name or false address; or
(d) is convicted of an indictable offence, or an offence punishable on summary conviction for which imprisonment for a period exceeding one month may be imposed,
the Judge, magistrate or magistrates before whom the proof is given, or before whom the offender is so charged or convicted, may, whether the period named in the recognizance has or has not expired, forfeit the recognizance, and may direct him to be committed to prison to perform his sentence or so much thereof as remains to be performed, and he shall be so committed accordingly, and the Judge, magistrate or magistrates may grant any necessary warrant for his committal.
" (2.) Upon the production of a certificate under the handof the Clerk of the Court of Petty Sessions stating that the
'recognizance is liable to be forfeited or that the offender is liable to be committed to prison, the Judge of the Supreme Court may exercise all or any of the powers vested by the last preceding
sub-section in the magistrate or magistrates therein mentioned.".Dated this fourteenth day of December, 1951.
| » | J. NORTHCOTT |
Deputy of the Governor-General.
By His Excellency's Command,
J. A. SPICER
for and on behalf of the Minister
of State for the Interior.
| f | By Authority: L. F. JOHNSTON, Commonwealth Government Printer, Canberra. |
6125.—2
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