Criminal Code Act 1902 (WA)
CO extern PAttztratta,
ANNO PRIMO ET SECUNDO
EDWARDI VII. REGIS.
*************************************40M***************
No. XIV.
AN ACT to establish a Code of Criminal
Law.
[Assented to, 49th February, 4902.]
HEREAS it is desirable to declare, consolidate, and
| Wamend the Criminal Law : Be it enacted and declared | Preamble. |
| by the King's Most Excellent Majesty, by and with the advice and consent 'of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows :— |
| t | THIS Act may be cited as the Criminal Code Act, 1902. | Short title. |
| 2. ON and from the first day of May, One thousand ,nine | teblishment of |
| hundred and two, the provisions contained in the Code of Criminal | go |
| Law set forth in the First Schedule to this /Vet, and hereinafter | Schedule I. |
| called " the Code," shall be the law of Western Australia with | |
| respect to the several matters therein dealt with. |
The said Code may be cited as " The Criminal Code."
| 3. ON and from the coming into operation of the Code .) The several Statutes of the Realm mentioned in the | Repeal. |
Second Schedule to this Act, shall be repealed, so far as Schell ule IL
10 & 2° EDWARDI VII., No. 14.
Criminal Code.
they are in force in Western Australia, to the extent
in the said schedule indicated ;
(, 2. ) The several Statutes of Western Australia mentioned
| Schedule III. | in the Third Schedule to this Act shall be repealed to the extent in the said schedule indicated ; |
(3.) The several Statutes of Western Australia mentioned in the Fourth Schedule to this Act shall. be amended in the manner in the said schedule indicated, and shall be read and construed as being so amended accordingly.
Schedule Iv
| Saving. | Provided as follows :- |
(I.) The repeal of any Statute or part of a Statute set forth in the said schedules shall not affect the construction of any other Statute, or of any other part of the same Statute, whether as regards the past or the future :
(2.) When any enactment not mentioned in the said schedules has been repealed, confirmed, revived, or perpetuated, by any enactment hereby repealed, such repeal, con- firmation, revivor, or perpetuation, shall not be affected by the repeal effected by this Act :
(3.) This Act shall not affect the validity, invalidity, effect, or consequences, of anything already done or suffered, or any existing status, or capacity, or any right, title, obligation, or liability, civil or criminal, already acquired accrued, or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim, or demand, or any indemnity, or the proof of any past act or thing ; and any action, prosecution, or other pro- ceeding‘ begun before the coming into operation of the Code, may, subject to the provisions of the Code, be continued as if this Act had not been passed; and any act, action, prosecution, or other proceeding, in respect of anything done or omitted to be done before the coming into operation of the Code, may, subject to the provisions of the Code, be brought, taken, and prosecuted in the same manner as if this Act had not been passed :
(4.) This Act shall not, except as expressly therein declared, affect any principle or rule of law or equity, or estab- lished jurisdiction, or form or course of pleading, prac- tice, or procedure, notwithstanding that the same respectively may have been in any manner affirmed, recognised, or derived, by, in, or -from any enactment hereby repealed :
1° & 2° EDWARD' VII., No. 14.
Criminal Code.
(5.) This Act shall not revive or restore any jurisdiction, duty, liability, right, title, privilege, restriction, exemp- tion, usage, practice, procedure, form of punishment or other matter or thing not now existing or in force.
4. FROM and after the coming into operation of the Code, constaietth
the following rules shall, unless the context otherwise indicates, statut.es,'Stliatutory
| apply with respect to the construction of Statutes, statutory ??,ules, and other | instruments. | |
| ||
| rules, by-laws, and other instruments, that is to say :— |
(1.) When in any Statute, statutory rule, by-law, or other instrument, public or private, the term " felony," is used, or reference is made to an offence by the name of felony, it shall be taken that reference is intended to an offence which is a crime under the provisions of the Code :
(2.) When in any Statute, statutory rule, by-law, or other instrument, public or private, the term " murder " is used, it shall be taken that reference is intended to the crimes of wilful murder, and murder, and each of them :
When in any. Statute, statutory rule, by-law, or other instrument, public or private, the term " larceny " is used, it shall be taken that reference is intended to the crime of stealing :
| (4.) | When in any Statute, statutory rule, by-law, or other instrument, public or private, reference is made to any offence by any specific name, it shall be taken that reference is intended to the offence which., under the provisions of the Code, is constituted by the Act or omission that would heretofore have constituted the offence referred to : |
| (5.) | When in any Statute, statutory rule, by-law, or otherinstrument, public or private, reference is made to any |
| of the statutory provisions hereby repealed, it shall be taken that reference is intended to the corresponding provisions or substituted provisions of the Code. |
5. FROM and after the coming into operation of the Code,
| no person shall be liable to be tried or punished in Western. Aus- eltrvuissii | n | ° | deer |
| ce |
| tralia as for an indictable offence, except under the express pro- taro excep | ' | tions. |
| visions of the Code, or some other Statute Law of Western Aus- tralia, or under the express provisions of some Statute of the Com- monwealth of Australia, or of the United Kingdom which is expressly applied to Western Australia, or which is in force in all parts of His Majesty's dominions not expressly excepted from its operation, or which authorises the trial 'and punishment in Western Australia of offenders who have, at places not in Western |
& 2° EDWARDI VII., No. 14.
Criminal Code.
Australia, committed offences against the laws of the Common- wealth of Australia or of the 'United Kingdom.
| Civil remedies. | 6. action can be brought in respect thereof. | WHEN, by the Code, any act is declared to be lawful, no |
Except as aforesaid, the provisions of this Act shall not affect any right of action which any person would have had against another if this Act had not been passed ; nor shall the omission from the Code of any penal provision in respect of any act or omission, which before the time of the coming into operation of the Code constituted an actionable wrong, affect any right of action in respect thereof.
Saving.
WHEN an offender is punishable under the provisions he may be prosecuted and convicted under the provisions either of the Code or of such other Statute ; so that he is not twice punished for the same offence.
| Offender may be | 7. |
| prosecuted under | of the Code, and also under the provisions of some other Statute, |
| Code or other | |
| Statute. |
NOTHING- in this Act or in the Code shall affect the authority of Courts of Record to punish a person summarily for the offence commonly known as " Contempt of Court " ; but so that a person cannot be so punished, and also punished under the provisions of the Code for the same act or omission.
| Contempt of Court. | 8. |
Printing of amend-9. WHENEVER any amendment is made in the Code, all
ments. copies thereof printed by the Government Printer after the amend- ment shall be so printed as to set forth the actual provisions of the Code after omitting all repealed provisions or words, and embodying all newly enacted or substituted provisions or words.
10. AT any time after the passing of this Act the Judges
General rides. of the Supreme Court, or a majority of them, may make general
rules to take effect on the coming into operation of the Code, with respect to the several matters specified in the Code as matters with respect to which they may make general rules.
In the name and on behalf of the King I hereby assent
to this Act.
ARTHUR LAWLEY, Governor.
1° & 2" EDWARDI VII., No. 14.
Criminal Code.
THE FIRST SCHEDULE.
THE CRIMINAL CODE 01? WESTERN AU STRAD A.
PART I.-INTRODUCTORY.
INTERPRETATION : APPLICATION: GENERAL PRINCIPLE'S.
CHAPTER I.-INTERPRETATION.
1. Construction of terms.
2. Definition of offence.
3. Division of offences.
4. Attempts to commit offences.
5. Arrest without warrant.
6. Carnal knowledge.
CHAPTER IL-PARTIIN TO OFFENCES.
7. Principal offenders.
8. Offences committed in prosecution of common purpose.
9. Mode of execution immaterial.
10. Accessories after the fact.
CHAPTER III.-APPLICATION or CRIMINAL LAW.
11. Effect of changes in law.
12. Application of Code as to offences wholly or partially committed in Western Australia.
13. Offences procured or counselled by persons out of Western Australia.
14. Offences procured in Western Australia to be committed out of Western Australia.
15. Defence force.
16. Person not to be twice punished for same offence.
17. Former conviction or acquittal.
CHAPTER W.-PUNISHMENTS.
18. Kinds of punishment.
19. Construction of provisions of Code as to punishments.
20. Calculation of term of sentence ; Cumulative sentences ; Escaped prisoners.
21. Prerogative.
CHAPTER V.-CRIMINAL RESPONSIBILITY.
22. Ignorance of law : Bona fide claim of right.
23. Intention : Motive.
24. Mistake of fact.
25. Extraordinary emergencies.
26. Presumption of sanity.
27. Insanity.
28. Intoxication.
29. Immature age.
30. Judicial officers.
31. Justification and excuse : Compulsion.
32. Compulsion of husband.
33. No conspiracy between husband and wife alone.
1" & 2" EDWARD' VII., No. 14.
Criminal Code.
34. Offences by partners and members of companies with respect to partnership or corporate property.
35. Liability of husband and wife for offences committed by either with respect to the other's property.
36. Application of rules.
PART II.-OFFENCES AGAINST PUBLIC ORDER.
CHAPTER Art-TREASON AND OTHER OFIHINCIS AGAINST THE SOVEREIGN'S PERSON
AND AUTHORITY.
37. Treason.
38. Concealment of treason.
39. Treasonable crimes. nesses necessary.
40. Time for proceeding in cases of treason or concealment of treason : Two wit-
41. Inciting to mutiny.
42. Assisting escape of prisoners of war.
43. Overt act.
CHAPTER VIL-SEDITION.
44. Definition of seditious intention.
45. Innocent intentions.
46. Definition of seditious enterprises, etc.
47. Unlawful oaths to commit capital offences.
48. Other unlawful oaths to commit offences.
49. Compulsion, how far a defence.
50. Effect of prosecution.
51. Unlawful drilling.
52. Sedition.
53. Defamation of foreign princes.
CHAPTER Via-OFFENCES AGAINST THE EXECUTIVE AND LEGISLATIVE POWER.
54. Interference with Governor or Ministers.
55. Interference with the Legislature.
56. Disturbing the Legislature.
57. False evidence before Parliament.
58. Threatening witness before Parliament.
59. Witnesses refusing to attend or give evidence before Parliament or parlia- mentary committee.
60. Member of Parliament receiving bribes.
61. Bribery of Member of Parliament.
CHAPTER IX.-UNLAWFUL ASSEMBLIES : BREACHES OF THE PEACE.
62. Definitions.
63. Punishment of unlawful assembly.
64. Punishment of riot.
65. Rioters remaining after Proclamation ordering them to disperse.
66. Rioters demolishing buildings, etc.
67. Rioters injuring building, machinery, etc.
68. Going armed so as to cause fear.
69. Forcible entry.
70. Forcible detainer.
71. Affray.
72. Challenge to fight a duel.
73. Prize fight.
74. Threatening violence.
1 0 & 2" EDWARD' VII., No. 14.
Criminal Code.
CHAPTER X.-OFFENCES AGAINST POLITICAL LIBERTY.
75. Interfering with political liberty.
CHAPTER XI.- PIRACY.
76. Definition of piracy in general.
77. Further definition of pirates.
78. Punishment of piracy.
79. Attempted piracy with personal violence.
80. Aiding pirates.
PART ELL-OFFENCES AGAINST THE ADMINISTRATION OF LAW
AND JUSTICE AND AGAINST PUBLIC AUTHORITY.
CHAPTER XII.-DISCLOSING OFFICIAL SECRETS.
81. Disclosure of official secrets.
CHAPTER XDI.-CORRUPTION AND ABUSE OF OFFICE.
82. Official corruption.
83. Extortion by public officers.
84. Public officers interested in contracts.
85. Officers charged with administration of property of a special character or with special duties.
86. False claims by officials.
87. Abuse of office.
88. Corruption of surveyor and valuator.
89. False certificates by public officers.
90. Administering extra-judicial oaths
91. False assumption of authority.
92. Personating public officers.
CHAPTER XIV.-CORRUPT AND IMPROPER PRACTICES AT ELECTIONS.
93. Definitions. 94. Personation.
95. Double voting.
96. Recording excessive number of votes.
97. Treating.
98. Undue influence.
99. Bribery.
100. Illegal practices.
101. Further penalty for corrupt practices.
102. Illegal practices.
103. Other illegal practices.
104. Corrupt and illegal practices : Time.
105. Interference at elections.
106. Electors attempting to violate secrecy of ballot.
107. Other attempts of like kind.
108. Stuffing ballot-boxes.
109. Offences by presiding officers at elections.
110. False answers to questions at elections.
111. Interfering with secrecy at elections.
112. Breaking seal of packets used at elections.
113. Offences at elections when voting is by post.
114. False claims.
115. Attesting claims, etc., without authority.
I" & 2" EDWARDI VII., No. 14.
Criminal Code.
116. Acts of agents.
117. Liability for indirect acts.
118. Certificate of Returning Officer.
CHAPTER XV.-SELLING AND TRAFFICKING TN Onuciis.
119. Bargaining for offices in Public Service.
CHAPTER XVI.-OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE.
120. Definition of judicial proceeding.
121. Judicial corruption.
122. Official corruption not judicial but relating to offences.
123. Corrupting or threatening jurors.
24. Perjury.
125. Punishment of perjury.
126. Evidence on charge of perjury.
127. False evidence before a Royal Commission.
128. Threatening witness before Royal Commission.
129. Fabricating evidence.
130. Corruption of witnesses.
133 Preventing witnesses from attending.
134 Conspiracy to bring false accusation.
131. Deceiving witnesses.
132. Destroying evidence.
135. Conspiring to defeat justice.
136. Compounding climes.
137. Compounding penal actions.
138 Advertising a reward for the return of stolen property, etc.
139. Justices acting oppressively or when interested.
140. Delay to take person arrested before magistrate.
141. Bringing fictitious action on penal Statute.
142. Inserting advertisement without authority of Court.
143. Attempting to pervert justice.
CHAPTER XVIL-ESCAPES : RINCUES OBSTRUCTING OFFICERS OF COURTS.
144. Forcibly rescuing capital offenders.
145. Aiding prisoners to escape.
146. Escape by prisoner.
147. Permitting escape.
148. Harbouring escaped prisoners.
149. Rescuing insane persons.
150. Removing, etc., property under lawful seizure.
151. Obstructing officers of Courts of justice.
CHAPTER MIL-OFFENCES RELATING TO THE COIN.
152. Definitions.
153. Counterfeiting gold and silver coin.
154. Preparation for coining gold and silver coin.
155. Clipping.
156. Possession of clippings.
157. Uttering counterfeit gold or silver coin.
158. Repeated uttering of counterfeit current gold or silver coin, or possession of several such coins.
159. Offences after previous conviction.
160. Counterfeiting copper coin.
161. Uttering base copper coin.
1° & 2° EDWARDI VII., No. 14.
Criminal Code.
162. Defacing coin by stamping words thereon.
163. Uttering foreign coin, medals, etc., as current coin with intent to defraud.
164. Exporting counterfeit coin.
165. Having possession of more than five pieces of counterfeit foreign coin.
166. Tender of defaced coin not legal tender : Penalty for uttering.
CHAPTER XIX.-OFFENCES RELATING TO MAILS.
167. Stopping mails.
CHAPTER XX. -MISCELLANEOUS OFFENCES AGAINST PUBLIC AUTHORITY.
168. False declaration as to execution of sentence of death.
169. False statements in statements required to be under oath or solemn declaration.
170. False declarations and statements.
171. Evidence.
172. Resisting public officers.
173. Refusal by public officer to perform duty.
174. Neglect of officers to suppress riot.
175. Neglect to aid in suppressing riot.
176. Neglect to aid in arresting offenders.
177. Disobedience to statute law.
178. Disobedience to lawful order issued by statutory authority.
Rua IV.--ACTS INJURIOUS TO THE PUBLIC IN GENERAL.
CHAPTER XX L .-OFFENCES RELATING TO RELIGIOUS WORSHIP.
179. Offering violence to officiating ministers of religion.
180. Disturbing religious worship.
CHAPTER XXII.-OFFENGES AGAINST MORALITY.
181. Unnatural offences
182. Attempt to commit unnatural offences.
183. Indecent treatment of boys under fourteen.
184. Indecent practices between males.
185. Defilement of girls under thirteen.
186. Householder permitting defilement of young girls on his premises.
187. Attempt to abuse girls under ten.
188. Defilement of girls under sixteen and of idiots.
189. Indecent treatment of girls under sixteen.
190. Defilement by guardian, etc.
191. Procuration.
192. Procuring defilement of woman by threats, or fraud, or administering drugs.
193. Abduction of girl under eighteen with intent to have carnal knowledge.
194. Unlawful detention with intent to defile or in a brothel.
195. Permitting boys to resort to brothels.
196. Conspiracy to defile.
197. Incest by man.
198. Incest by adult female.
199. Attempts to procure abortion.
200. The like by women with child.
201. Supplying drugs „or instruments to procure abortion.
202. Consent is no defence.
203. Indecent acts.
204. Obscene publications and exhibitions.
205. Knowledge of age immaterial.
1° & 2° EDWARDI VII., No. 14.
Criminal Code.
CHAPTER XXM.-NUISANCES: MISCONDUCT RELATING TO CORPSES.
206. Common nuisances.
207. Bawdy houses.
208. Gaming houses.
209. Betting houses.
210. Lotteries.
211. Acting as keeper of bawdy houses, gaining houses, betting houses, and lotteries.
212. Misconduct with regard to corpses.
CHAPTER XXIV.-OFFENCES AGAINST PUBLIC HEALTH.
213. False information as to health of foreign ships.
214. Exposing for sale things unfit for food.
215. Dealing in diseased meat.
216. Adulterating liquor.
217. Adulteration of beverages.
CHAPTER XXV.-MISCELLANEOUS OFFENCES.
218. Frauds on land laws.
219. Dealing with land fraudulently acquired from the Crown.
PART V.-OFFENCES AGAINST THE PERSON AND RELATING TO
MARRIAGE AND PARENTAL RIGHTS AND DUTIES AND AGAINST
THE REPUTATION OF INDIVIDUALS.
CHAPTER XXVI.-ASSAULTS AND VIOLENCE TO THE PERSON GENERALLY :
JUSTIFICATION AND EXCUSE.
220. Definition of assault.
221. Assaults unlawful.
222. Execution of sentence.
223. Execution of process.
224. Execution of warrants.
225. Erroneous sentence or process or warrant.
226. Sentence or process or warrant without jurisdiction.
227. Arrest of wrong person.
228. Irregular process or warrant.
229. Force used in executing process or in arrest.
230. Duty of persons arresting.
231. Police officer preventing escape from arrest.
232. Other cases of preventing escape from arrest.
233. Preventing escape or rescue after arrest.
234. Examination of person of accused persons in custody.
235. Preventing a breach of the peace.
236. Suppression of riot.
237. Suppression of riot by magistrates and police officers.
238. Suppression of riot by person acting under lawful orders.
239. Suppression of riot by person acting without order in case of emergency.
240. Riot : Persons subject to military law.
241. Prevention of crimes and offences for which an offender may be arrested with- out warrant : Prevention of violence by persons of unsound mind.
242. Defence of dwelling house.
243. Provocation.
244. Defence of provocation.
245. Prevention of repetition of insult.
246. Self-defence against unprovoked assault.
247. Self-defence against provoked assault.
1" & 2" EDWARD' VII., No. 14.
Criminal Code.
248. Aiding in self-defence.
249. Defence of movable property against trespassers.
250. Defence of movable property with claim of right.
251. Defence of movable property without claim of right.
252. Defence of premises against trespassers : Removal of disorderly persons.
253. Defence of possession of real property or vessel with claim of right.
254. Exercise of right of way or easement.
255. Domestic discipline.
256. Discipline of ship.
257. Surgical operations.
258. Excessive force.
259. Consent to death immaterial.
CHAPTER XXVIS.-DUTILJ RELATING TO THE PRESERVATION or DuiliAN LIFE.
260. Duty to provide necessaries.
261. Duty of head of family.
262. Duty of masters.
263. Duty of persons doing dangerous acts.
264. Duty of persons in charge of dangerous things.
265. Duty to do certain acts.
CHAPTER XXVHL-HOMICIDE : SUICIDE: CONCEALMENT OF BIRTH.
266. Killing of a human being unlawful.
267. When a child becomes a human being.
268. Definition of killing.
269. Death by acts done at childbirth.
270. Causing death by threats.
271. Acceleration of death.
272. When injury or death might be prevented by proper precaution.
273. Injuries causing death in consequence of subsequent treatment.
274. Limitation as to time of death.
275. Unlawful homicide.
276. Definition of wilful murder.
277. Definition of murder.
278. Definition of manslaughter.
279. Killing on provocation.
280. Punishment of murder.
281. Attempt to murder.
282. Accessory after the fact to murder.
283. Written threats to murder.
284. Conspiring to murder.
285. Punishment of manslaughter.
286. Aiding suicide.
287. Attempting to commit suicide.
288. Killing unborn child.
289. Concealing the birth of children.
CHAPTER XXIX.-OFFENCIN ENDANGERING LIFE OR HEALTH.
290. Disabling in order to commit indictable offence.
291. Stupefying in order to commit indictable offence.
292. Acts intended to cause grievous bodily harm or prevent apprehension.
293. Preventing escape from wreck.
294. Intentionally endangering safety of persons travelling by railway.
295. Grievous bodily harm.
296. Causing explosion likely to endanger life.
297. Attempting to cause explosion likely to endanger life.
1° & 2° EDWARDI VII., No. 14.
Criminal Code.
298. Maliciously administering poison with intent to harm.
299. Wounding and similar acts.
300. Failure to supply necessaries.
301. Endangering life or health of apprentices or servants.
302. Endangering life of children by exposure.
303. Setting man-traps. -
304. Negligent acts causing harm.
305. Endangering safety of persons travelling by railway.
306. Sending or taking unseaworthy ships to sea.
307. Endangering steamships by tampering with machinery.
308. The like by engineers.
309. Evading laws as to equipment of ships, and shipping dangerous goods.
310. Landing explosives.
CHAPTER XXX.-ASSAULTS.
311. Common assault.
312. Assault with intent to commit unnatural offence.
313. Indecent assault on males.
314. Assaults on persons protecting wrecks.
315. Assaults occasioning bodily harm.
316. Serious assaults.
CHAPTER XXXI.-ASSAULTS PUNISHABLE ON SUMMARY CONVICTION.
317. Jurisdiction of Justices.
318. Some assaults not to be so dealt with.
319. Common assaults.
320. Aggravated assaults.
321. Effect of summary conviction or dismissal.
322. Assaults in interference with freedom of trade or work.
CHAPTER XXXII.-ASSAULTS ON FEMALES : ABDUCTION.
323. Definition of rape.
324. Punishment of rape.
325. Attempt to commit rape.
326. Indecent assaults on females.
| 327. Abduction. 329. Rule of evidence. | 328. | Abduction of girls under sixteen. |
CHAPTER XXXM.-OFFENCES AGAINST LIBERTY.
330. Kidnapping.
331. Deprivation of liberty.
332. False certificates by officers charged with duties relating to liberty.
333. Concealment of matters affecting liberty.
334. Procuring confinement of sane person on false certificate.
335. Unlawful custody of insane person.
336. Threats.
CHAPTER XXXIV.-OFFENCES RELATING TO MARRIAGE AND PARENTAL
RIGHTS AND DUTIES.
337. Bigamy.
338. Unlawful celebration of marriage.
330. Celebration of marriage by minister unregistered by inadvertence.
340. Unqualified persons procuring registration as persons qualified to celebrate
marriages.
& 2° EDWARDI VII., No. 14.
Criminal Code.
:341. Child-stealing.
342. Desertion of children.
CHAPTER XXXV.-DEFAMATION.
343. Definition of " periodical."
341. Definition of defamatory matter.
345. Questions of fact and law.
346. Definition of defamation.
347. Publication.
348. Publication of defamatory matter prima facie unlawful.
| :349. | Absolute protection : Privilege of Parliament. |
| :350. | Absolute protection : Privileges of .1 udges, witnesses, and others in Courts of |
justice.
351. Absolute protection : Reports of official inquiries.
352. Protection: Reports of matters of public interest.
353. Protection : Fair comment.
354. Protection : Truth.
355. Qualified protection : Excuse.
356. Good faith.
357. Relevancy and public benefit questions of fact.
358. Unlawful publication of defamatory matter.
359. Defamation of Members of Parliament by strangers.
360. Defence in case of defamation by words, sounds, signs, signals, or gestures.
361. Publishing or threatening to publish defamatory matter with intent to extort
money.
362. Liability of proprietor, publisher, and editor of periodicals.
363. Protection of innocent sellers of periodicals.
364. Protection of innocent sellers of books.
365. Protection of employers.
366. Prosecution of newspapers to be by sanction of a Judge after notice
367. Summary jurisdiction in trivial cases of defamation.
PART VI.-OFFENCES RELATING TO PROPERTY AND CONTRACTS.
Division I.-Siealing and like Offences.
CHAPTER XXXVI.-STEALING.
368. Things capable of being stolen.
369. Definition of stealing.
370. Special cases.
371. Funds, etc., held under direction.
372. Funds, etc., received by agents for sale.
373. Money received for another.
374. Stealing by persons having an interest in the thing stolen.
375. Husband and wife.
376. Punishment of stealing.
Punishment in. Special Cases.
(1.) Stealing wills.
(2.) Stealing things sent by post.
(3.) Stealing cattle.
(4.) Stealing minerals in mines.
(5.) Stealing from the person ; stealing goods in transit, etc.
(6.) Stealing by persons in the public service.
(7.) Stealing by clerks and servants.
1° & 2° EDWARD' VII., No. 14.
Criminal Code.
(8.) Stealing by directors or officers of companies.
(9.) Stealing by agents, etc.
(10.) Stealing property of value of £500.
(11.) Stealing by tenants or lodgers.
(12.) Stealing after previous conviction.
CHAPTER XXXVIL-OFFENM ANALOGOUS TO STEALING.
377. Concealing registers.
378. Concealing wills.
379. Concealing deeds.
380. Killing animals with intent to steal.
381. Severing with intent to steal.
382. Using registered brands with criminal intention.
383. Fraudulently dealing with minerals in mines.
384. Concealing royalty.
385. Removing guano without license. -
386. Bringing stolen goods into Western Australia.
387. Fraudulent disposition of mortgaged goods.
388. Fraudulent appropriation of power.
| CHAPTER XXXVIII. --TEARING WITH VIOLENCE : | EXTORTION BY THREATS. |
389. Definition of robbery.
390. Loaded arms.
391. Punishment of robbery.
392. Attempted robbery : Accompanied by wounding or in company.
393. Assault with intent to steal.
394. Demanding property with menaces with intent to steal.
395. Demanding property by written threats.
396. Attempts at extortion by threats.
397. Procuring execution of deeds, etc., by threats.
CHAPTER XXXIX.-BURGLARY : HOUSEBREAKING : AND LIKE OFFENCES.
398. Definitions.
399. Housebreaking : Burglary.
400. Entering dwelling-house with intent to commit crime.
401. Breaking into buildings and committing crime.
402. Breaking into buildings with intent to commit crime.
403. Breaking into place of worship and committing crime.
404. Breaking into place of worship with intent to commit a crime.
405. Persons found armed, etc., with intent to commit crime.
CHAPTER XL.-OBTAINING PROPERTY OR CREDIT BY FALSE PRETENCES:
CHEATING.
406. Definition.
409. Cheating.
410. Conspiracy to defraud.
407. Obtaining goods by false pretences.
408. Obtaining execution of a security by false pretences.
411. Frauds on sale or mortgage of property.
CHAPTER XL -REM3 VING PROPERTY STOLEN OR FRAU DU [ENT LY OBTAINED
AND LIKE OFFENCES.
412. Receiving stolen property, etc.
413. Receiving after recovery by owner.
414. Taking reward for recovery of property obtained by means of indictable offences.
1" & 2° EDWARDI VII., No. 14.
Criminal Code.
CHAPmR XLIT.-FRAUDS BY TRUSTEES AND OFFICERS OF COMPANIES AND
CORPORATIONS : FALSE ACCOUNTING.
4-15. Trustees fraudulently disposing of trust property.
416. False statement relating to companies.
| 417. | Directors and officers of corporations or companies fraudulently appropriating property, or keeping fraudulent accounts, or falsifying books or accounts. |
418. False statements by officials of companies.
119. Defence.
120. Misappropriation by members of local authorities.
121.- Fraudulent false accounting.
122. False accounting by public officer.
CHAYBER XIAI I-SUMMARY CONVICTION FOR STEALING AND LIKE INDICTABLE
OFFENCES.
423. Indictable offences which may be dealt with summarily.
424. Procedure.
CHAPTER XLIV.-OFFENCES ANALOGOUS TO STEALING PUNISHABLE ON
SUMMARY CONVICTION.
125. Unlawfully using cattle.
126. Suspicion of stealing cattle.
427. Illegal branding.
128. Defacing brands.
129. Time for prosecution.
130. Committal for trial.
431. Unlawful possession of shipwrecked goods.
432. Offering shipwrecked goods for sale.
433. Unlawfully dredging for oysters.
434. Unlawfully taking fish.
435. Arrest without warrant.
436. Warrant in first instance.
437. Effect of summary conviction and of civil proceedings.
Division II.-Injuries to Property.
CHAPTER XLV.-DEFINITIONS.
438. Unlawful acts.
439. Acts done with intent to defraud.
440. Damage.
CHAPTER XLVL-OFFENCES.
441. Arson.
442. Attempts to commit arson.
443. Setting fire to stacks, etc.
444. Setting fire to crops and growing plants.
445. Attempting to set fire to crops, etc.
446. Casting away ships.
| 447. | Attempts to cast away ships. Obstructing and injuring railways. |
449. Injuring animals.
450. Malicious injuries in general.
Punishment in Special Cases.
| (1.) | Destroying or damaging an inhabited house or a vessel with explosives. |
(2.) Sea;hank, or sea wall, navigation works or bridges.
1° & 2" EDWARD' VII., No. 14.
Criminal Code.
(3.) Wills and registers.
(4.) Wrecks.
(5.) Railways.
(6.) Drainage works.
(7.) Other things of special value.
(8.) Deeds and records.
451. Causing explosion likely to do serious injury to property.
452. Attempting to cause explosion likely to do serious injury to property.
453. Attempts to injure mines.
454. Interfering with marine signals.
455. Interfering with navigation works.
456. Communicating infectious diseases to animals.
457. Travelling with infected animals.
458. Removing boundary marks.
459. Obstructing railways.
460. Sending letters threatening to burn or destroy.
461. Arrest without warrant.
CHAPTER XLVIL-SUMMARY CONVICTION FOR CERTAIN OFFENCES.
462. Offences which may be dealt with summarily.
463. Procedure.
464. Trivial charges.
465. Effect of summary conviction and of civil proceedings.
Division Ill.-Forgery and like Offences. Personation.
CHAPTER XLVIII.-FORGERY IN GENERAL : DEFINITIONS.
466. Definitions.
167. Further definitions.
468. Definition of forgery.
469. Certain matters immaterial.
CHAPTER XLIX.-PUNISHMENT OF FORGERY AND LIKE OFFENCES.
470. Punishment of forgery in general.
Punishment in Special Cases.
(1.) Public seals, etc.
(2.) Securities, titles, registers, etc.
(3.) Documents relating to revenue and acts of State, etc.
(4.) Court seals, records, process, evidence, etc.
(5.) Telegrams.
471. Uttering false documents and counterfeit seals. 472. Uttering cancelled or exhausted instruments. 473. Uttering cancelled stamps.
474. Procuring execution of documents by false pretences.
475. Obliterating crossings on cheques.
476. Making documents without authority.
477. Demanding property upon forged instruments.
478. Purchasing forged bank notes.
479. False certificate of message received by telegraph.
480. Falsifying warrants for money payable under public authority.
481. Falsification of registers.
482. Sending false certificate of marriage to registrar.
483. False statements for the purpose of registers of births, deaths, and marriages.
484. Attempts to procure unauthorised status.
485. Circulating false copies of rules or lists of members of societies or companies.
1 0 & 2" EDWARDI VII., No. 14.
Criminal Code.
CHAPTER L.-FORGERY AND LIKE OFFENOIS PUNISHABLE ON SUMMARY
CONVICTION.
486. Forgery of seamen's tickets, etc.
487. Fraudulent use of adhesive stamps.
488. False warranties or labels relating to the sale of food.
489. Provisions of this chapter alternative.
CHAPTER LL-PREPARATION FOR FORGERY
490. Instruments and materials for forgery.
491. Counterfeit stamps
CHAPTER LIT.-COUNTERFEITING TRADE MARKS AND TRAM;
DESCRIPTIONS.
492. Offences as to trade marks and trade descriptions.
493. Definitions.
494. Forging trade mark.
495. Applying marks and descriptions.
496. Exemption of certain persons employed in ordinary course of business.
497. Application to watches.
498. Trade mark, how described.
499. Rule as to evidence.
500. Search warrant.
501. Cost of defence or prosecution.
502. Limitation of prosecution.
503. Provisions of this chapter as to false description not to apply in certain oases.
504. Savings.
505. False representations as to Royal warrant, etc.
CHAPTER MIL-PERSONATION.
506. Personation in general.
507. Personation of owner of shares.
508. Falsely acknowledging deeds, reeognisances, etc.
509. Personation of a person named in a certificate.
510. Lending certificates for personation.
Division IV.-Offences connected with Trade and Breach of Contract.
CHAPTER LI V.-FRAUDULENT DEBTORS.
511. Definition.
512. Absconding with property in contemplation of or immediately after bank-
ruptcy.
513. Frauds by bankrupts.
514. Other frauds by bankrupts.
515. Falsification of books by bankrupts.
516. Frauds by bankrupts in course of bankruptcy proceedings.
| 517. |
|
518. Failure to keep proper books.
519. Concealing documents.
520. Receiving bankrupt's property with intent to defraud.
521. Making false claim in bankruptcy.
522. Concealing property of bankrupts.
523. Fraudulent dealing with property by debtors.
524. -Undischarged bankrupt obtaining credit to extent of £20.
CHAPTER LV.-OTHER OFFENCES.
525. Concealment by officers of companies on reduction of capital.
526. Falsification of books of companies.
1" & 2° EDWARDI VII., No. 14.
Criminal God,.
527. Mixing uncertified with certified articles.
528. Intimidation by annoyance or violence or otherwise.
529. Person accused before court of summary jurisdiction may elect to be tried on indictment.
PART VII.-PREPARATION TO COMMIT OFFENCES: CONSPIRM 1.11 •
ACCESSORIES AFTER THE FACT.
CHAPTER Mg.-ATTEMPTS AND PREPARATION TO COMMIT OFFENCES
530. Attempts to commit offences.
531. Punishment of attempts to commit crimes.
532. Punishment of attempts to commit misdemeanours.
533. Reduction of punishment.
534. Attempts to procure commission of criminal acts.
535. Making or possession of explosives under suspicious circumstances.
CHAPTER LVIL-CONSPIRACY.
536. Conspiracy to commit crime.
537. Conspiracy to commit other offences.
538. Other conspiracies.
539. Conspiracy in trade disputes.
CHAPTER LVIIL-ACCESSORIES AFTER THE FACT.
540. Accessories after ti e fact to crimes.
| 541. |
|
PART VIII.-PROCEDURE.
CHAPTER La.-ARREST.
542. Arrest without warrant generally.
543. Arrest without warrant in special cases.
544. Arrest of persons found committing offences.
545. Arrest of offender committing indictable offences by night.
546. Arrest during flight.
547. Arrest of persons offering stolen property for sale, etc.
548. Duty of persons arresting.
CHAPTER LX.-JURISDICTION : PRELIMINARY PROCEEDINGS : BAH..
549. Jurisdiction.
550. Preliminary proceedings on charges of indictable offences.
551. Defendant admitting guilt before Justices may be committed for sentence.
552. Bail.
553. Summary convictions : Time.
554. Place of trial.
555. Persons brought before wrong Court.
556. Change of place of trial.
CHAPTER LXT.-ImnarmENTs.
557. Nature of indictments.
558. Ex officio informations.
559. Arrest of person charged in ex officio information,
560. Nolle prosequi.
561. Form of indictment.
562. General rules applicable to indictments.
563. Particular indictments.
1° & 2° EDWARDI VII., No. 14.
Criminal Code.
564. Indictment to contain one matter of charge only.
565. Cases in which several charges may be joined.
566. Accessories.
567. Statement of previous conviction.
568. Formal defects.
569. Amendment of Indictments.
570. Particulars.
571. Summary convictions.
CHAPTER LXII.-EFFECT OF INDICTMENT.
11 , 2. Offences involving circa i nstances of aggravation.
573. Charge of murder or manslaughter.
574. Charge of homicide of child.
575. Charge of rape and like offences
576. Charge of specific injury : Charge of injury with specific intent.
577. Charge of injury to property.
578. Stealing, false pretences, and cheating.
579. Charge of procuring commission of offence or wrongful act.]
580. Conviction for attempt to commit offence.
581. When evidence shows offence of similar nature.
582. Effect of conviction.
583. Corrupt practices.
584. Illegal practices.
585. Charge of stealing cattle.
586. Indictment for joint receiving.
CHAPTER LXIII-TRIAL : ADJOURNMENT : PLEAS : PRACTICE.
587. Right to be tried.
588. Accelerating trial of persons not under committal.
589. Adjournment of trial.
590. On adjournment of trial accused may be remanded to another Court having jurisdiction.
591. Accused person to be called upon to plead to indictment.
592. Delivery of copy of indictment.
593. Motion to quash indictment.
594. Misnomer.
595. Pleas.
596. Defence of truth of defamatory matter to he specially pleaded.
597. Persons committed for sentence.
598. Standing mute.
599. Plea of antrefois convict or antrefois acgn it
600. Thal on plea to the jurisdiction.
(501.. Trial by jury.
602. Demurrer.
603. Separate trials.
604. Juries.
605. Accused person to be informed or ms right of challenge.
606. Challenge to array.
607. Challenges to individual jurors for cause.
608. Time for challenging.
609. Ascertainment of facts as to challenge.
610. Want of understanding of accused person.
611. Jury to be sworn and informed of charge.
612. Discharge of juror by Court.
613. Defence by counsel. 614. Presence of accused.
1° & 2° EDWARDI VII., No. 14.
Criminal Code.
615. Evidence in defence.
616. Speeches by counsel.
617. Summing up.
618. Jury not to separate.
619. Confinement of jury.
620. View.
621. Special verdict.
622. General verdict on charge of defamation.
623. Discharge of jury.
624. Incapacity of judge.
625. Incapacity of juror.
626. Verdict on Sunday.
627. Procedure on charge of an offence committed alter previous conviction.
628. Further pleas.
CHAPTER LXIV.-EVIDENCE : PRESUMPTIONS OF FACT.
629. Competency of accused persons and their husbands and wives to -give evidence.
630. Accomplices.
631. Evidence on charge of treason.
632. Evidence on trials for perjury and subornation.
633. Evidence of previous conviction.
634. Evidence of relationship on charge of incest.
635. Evidence of gaming.
636. Evidence of authority.
637. Evidence on charges of offences against Customs laws.
638. Evidence on trial for defamation.
639. Evidence on certain charges of stealing money.
640. Evidence on charges relating to seals and stamps.
641. Intention to defraud.
642. Admissinos.
CHAPTER LXV.-VERDICT : JUDGMENT.
643. Accused person insane during trial.
644. Discharge of persons acquitted.
645. Acquittal on ground of insanity.
646. Convicted person to be called on to show cause,
647. Arrest of judgment.
648. Sentence.
649. Sentence of death.
650. Recording sentence of death.
651. Pregnant women.
652. Whipping.
653. Police supervision.
654. First offenders.
655. Juvenile offenders and aboriginal natives may be sentenced to whipping.
656. Discharge of offender in certain cases.
657. Assessment of value of property : Appropriation of fines dependent on value.
658. Effect of summary conviction for indictable offences.
CHAPTER LXVI.-COSTS.
659. Costs of prosecution in certain cases.
660. Costs in cases of defamation.
661. Taxation.
662. Enforcement of judgment of Circuit Court.
& 2° EDWARD' VII., No. 14.
Criminal Code.
CHAPTER LXVII.-EXECUTION OF SENTENCE.
663. Execution of sentence of death.
664. Commutation of capital sentence.
665. Whipping.
666. Levy of fine and costs on conviction for defamation.
CHAPTER LXV111.-APPEAL : PARDON.
667. Reservation of points of law
668. Hearing.
669. Effect of order of Full Court.
670. Certain errors not to avoid conviction.
671. Appeal from arrest of judgment.
672. Appeals from summary conviction to Supreme Court.
673. Conditional remission of sentence by Governor.
674. Pardon in case of imprisonment for non-payment of money.
675. Effect of pardon.
CHAPTER LX I X.-SUMMARY TRIAL, OF CHILDREN UNDER TWELVE.
676. Sumthary jurisdiction of Justices in case of indictable offences committed by children not more than twelve years of age.
CHAPTER LI:X.-SUMMARY TRIAL OF YOUNG PERSONS.
677. Summary jurisdiction of Justices in case of indictable offences committed by young persons.
678. Procedure.
CHAPTER LXX1.-SEIZURE AND DETENTION OF PROPERTY CONNECTED WITH OFFENCIN : CUSTODY OF WOMEN UNLAWFULLY DETAINED FOR IMMORAL PURPOSES : RESTITUTION OF PROPERTY UNLAWFULLY ACQUIRED.
679. Search warrant.
680. Property found on offenders -on arrest.
681. Seizure of counterfeit coin, tools for coining, etc.
682. Disposal of property seized.
683. Explosives.
684. Women detained for immoral purposes.
685. Restitution of property.
686. Money found on prisoner may be paid to purchaser of stolen property or restitution.
CHAPTER LXXII. -INFORMATIONS BY PRIVATE PERSONS FOR INDICTABLE
OFFENCES: Ex Officio INDICTMENTS.
687. information by leave of the Court by private prosecutors.
688. Security to be given by prosecutor for costs of defence.
689. Service of information.
690. Plea.
691. Default of plea.
692. Mite and place of trial.
693. Effect and judgment for prosecutor on demurrer.
694. Effect of judgment by default.
695. Costs of defence.
696. Practice to be applied on ex officio information.
CHAPTER 1.X.X11.1 . .-AINnELLANnoun PROVISIONS.
697. Names of jury to be given to person charged with treason or con (itilinent
treason.
698. Court may direct certain persons to be prosecuted for perjury.
P & 2° EDWARDI VII., No. 14.
Criminal Code.
699. Committal of fraudulent debtors.
700. Staying prosecution for publication of parliamentary paper.
701. Certificate of dismissal by Justices.
702. Record and report of conviction of aboriginal native.
703. Custody of girls under seventeen.
704. Saving of civil remedies.
705. Limitation of proceedings.
706. No Court fees in criminal cases.
707. Court mar order payment of witnesses for defence.
708. Police and Resident Magistrates may act alone.
709. Jurisdiction of one Justice in certain circumstances.
710. Powers of Attorney General may be delegated to Crown Solicitor.
711. Copies of depositions to be allowed to persons committed for trial.
712. Inspection of depositions at trial.
713. Forms of criminal proceedings.
1° & 2° EDWAIWI VII., No. 14.
Criminal Code.
PART I.—INTRODUCTORY.
INTERPRETATION: APPLICATION: GENERAL PRINCIPLES.
CHAPTER I.—INTERPRETATION.
| 1. | TN this Code, unless the context otherwise indicates, | Construction of |
| The term " bodily harm " means any bodily injury which interferes with health or comfort ; | terms. | |
| The term " circumstance of aggravation " means and. includes any circumstance by reason whereof an offender is liable to a greater punishment than that to which he would be liable if the offence were committed without the exist- ence of that circumstance ; | ||
| The terms " clerk " and. " servant " include any person em- ployed for any purpose as or in the capacity of a clerk or servant, or as a collector of matey, although tempor- arily only, or although employed also by other persons than the person alleged to be his employer, or although employed to pay as well as receive money, and any person employed as or in the capacity of a commission agent for the collection or disbursement of money, or in any similar capacity, although he has no authority from his employer to receive money or other property on. his account : | ||
| The term " company " means an incorporated company ; | ||
| The term " criminally responsible" means liable to punish- ment as for an offence ; and the term " criminal respon- sibility " means liability to punishment as for an offence ; The term " dwelling-house " includes any building or struc- |
ture, or part of a building or structure, which is for the time being kept by the owner or occupier for the resid- ence therein of himself, his family, or servants, or any of
them : It is immaterial that it is from time to time
uninhabited ;
A building or structure adjacent to, and occupied with, a dwelling-house is deemed to be part of the dwelling- house if there is a communication between such. build- ing or structure and the dwelling-house, either im- mediate or by means of a covered and enclosed passage leading from the one to the other, but not otherwise
The term " explosive substance " includes a gaseous substance in such a state of compression as to be capable of explosion ;
1° & 2" EDWARDI VII., No. 14.
Criminal Code.
The term " grievous bodily harm " means any bodily injury of such a nature as to endanger, or be likely to endanger life, or to cause, or be likely to cause, permanent injury to health ;
Ine term " have in possession " includes having under con- trol in any place whatever, whether for the use or benefit of the person of whom the term is used or of another person, and although another person has the actual possession or custody of the thing in question ;
The term " indictment " means a written charge preferred against an accused person in order to his trial before some Court other than justices exercising summary jurisdic- tion ;
The term " liable," used alone, means liable on conviction upon indictment ;
The term " mail " includes anything sent by post which is
in actual course of transmission from one place to another ;
The term " mail conveyance " includes any conveyance of
any kind by which a mail is carried, and also any vessel
employed by or under the Post and Telegraph Depart-
ment, or the postal authority of any other country, or
the Admiralty, for the conveyance of mails, whether
under contract or not, and also a ship of war or other
vessel in the service of Ms Majesty in respect of letters
conveyed by it ;
The term " money " includes bank notes, bank drafts, cheques, and any other orders, warrants, authorities,
or requests for the payment of money ;
The term " night " or " night-time " means the interval
between nine o'clock in the evening and six o'clock in
the morning ;
The terms " person " and " owner," and other like terms, when used with reference to property, include corpor- ations of all kinds, and any other associations of persons capable of owning property : They also, when so used, include Dis Majesty ;
The term " person employed in. the Public Service " includes officers and men of the Defence Force and police officers, and persons employed to execute any process of a Court of justice, and persons employed by the Commissioner of Railways ;
The term " police officer " includes any constable or officer
of police ;
The term "property " includes everything, animate or inanimate, capable of being the subject of ownership ;
1° & 2" EDWARD' VII., No. 14.
Criminal Code.
The term " railway " includes every kind of way on which vehicles are borne upon a rail or rails, whatever may be the means of propulsion ;
The terms " registered brand " and " registered mark " mean respectively a brand or mark which is registered under the authority . of the laws relating to brands ;
The term. " ship " includes every kind of vessel used in navi- gation not propelled by oars ;
The term " summary conviction " means summary con- viction before two justices in petty sessions ;
The term " thing sent by post " includes any letter, news- paper, packet, parcel, or other thing, authorised by law to be transmitted by post, -which has been posted or received at a post office for delivery or transmission by post, and width is in course of transmission by post, and any movable receptacle which contains any such thing, and which is in course of transmission by post ;
The term " uncorroborated testimony " means testimony which is not corroborated in some material particular by other evidence implicating the accused person ;
The term. " utter " means and includes using or dealing with, and attempting to use or deal with, and attempt- ing to induce any person to use, deal with, or act upon the thing in question;
The term " knowingly " used in connection with any term denoting uttering or using, implies knowledge of the character of the thing uttered or used ;
The term " valuable security " includes any document which is the property of any person, and which is evidence of the ownership of any property or of the right to recover or receive any property ;
The term " vessel " includes a ship, a boat, and every other kind of vessel used in navigation.
| 2, AN act or omission which renders the person doing the | Definition of |
act or making the omission liable to punishment is called an offence. offence.
3. o Pli'EN(IES are of three kinds, namely, crimes, misde- Division of offences.
meanours, and simple offences.
Crimes and misdemeanours are indictable offences ; that is to say, the offenders cannot, unless otherwise expressly stated, be prosecuted. or convicted except upon indictment.
A person guilty of a simple offence may be summarily con- vi. led by two justices in petty sessions.
An offence not otherwise designated is a simple offence.
1° & 2° EDWARDI VII., No. 14.
Criminal Code.
WHEN a person, intending to commit an offence, begins to put his intention into execution by means adapted to its fulfil- ment, and manifests his intention by some overt act, but does not fulfil his intention to such an extent as to commit the offence, he is said to attempt to commit the offence.
4.
Attempts to com-
mit offences.
It is immaterial, except so far as regards punishment, whether the offender does all that is necessary on his part for completing the commission of the offence, or whether the complete fulfilment of his intention is prevented by circumstances independent of his will, or whether he desists of his own motion from the further prosecution of his intention.
It is immaterial that by reason of circumstances not known to the offender, it is impossible in fact to commit the offence.
The same facts may constitute one offence and an attempt to commit another offence.
THE expression " the offender may be arrested without warrant " means that the provisions of this Code relating to the arrest of offenders or suspected offenders without warrant are applicable to the offence in question, either generally or subject to such conditions, if any, as to time, place, or circumstance, or as to the person authorised to make the arrest, as are specified in the particular case.
5.
Arrest without
warrant.
Except when otherwise stated, the definition of an offence as a crime imports that the offender may be arrested without warrant.
The expression " the offender cannot be arrested. without warrant " means that the provisions of this Code relating to the arrest of offenders or suspected offenders without warrant are not applicable to the crime in question, except subject to such con- ditions, if any, as to time, place, or circumstance, or as to the person authorised to make the arrest as are specified in the particular case.
Carnal knowledge. 6. WHEN the term " carnal knowledge " or the term " carnal
connection" is used in defining an offence, it is implied that the offence, so far as regards that element of it, is complete upon pene- tration.
OnArtna H.—Yams TO OFFENCES.
Principal offenders. 7. WHEN an offence is committed, each of the following
persons is deemed to have taken part in committing the offence and to he guilty of the offence, and may be charged with actually committing it, that is to say
(a.) Every person who actually does the act or makes the omission which constitutes the offence ;
1 0 & 90 EDWARDI VII., No. 14.
Criminal Code.
(b.) Every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence ;
(c.) Every person who aids another person in committing
the offence ;
(d.) Any person who counsels or procures any other person to commit the offence,,;
In the fourth case he may be charged either with himself committing the offence or with counselling or procuring its commission.
A conviction of counselling or procuring the commission of an offence entails the same consequences in all respects as a conviction of committing the offence.
Any person who procures another to do or omit to do any act of such a nature that, if lie had himself done the act or made the omission, the act or omission would have constituted an. offence on his part, is guilty of an offence of the same kind, and is liable to the same punishment as if he had himself done the act or made the omission ; and he may be charged with himself doing the act or making the omission.
| 8. prosecute an unlawful purpose in. conjunction with one another, in prosecution of | WHEN two or more persons form a common intention to Offences committed |
and in the prosecution of such purpose an offence is committed of common murpose.
such a nature that its commission was a probable consequence of the prosecution of such purpose, each of them is deemed to have committed the offence.
9. 'WHEN a person. counsels another to commit an offence, Mode of execution
and an offence is actually committed after such counsel by the immaterial.
person to whom it is given, it is immaterial whether the offence
actually committed. is the same as that counselled or a different
one, or whether the offence is committed in the way counselled,
or in a different way, provided in either case that the facts consti-
tuting the offence actually committed are a probable consequence
of carrying out the counsel.
In either case the person who gave the counsel is deemed to have counselled the other person. to commit the offence actually committed by him.
| A PERSON who receives or assists another who is, to his kedge, guilty of an offence, in order to enable him to escape | Accessories alto: |
10.
| nowl | the fad. |
punishment, is said to become an. accessory after the fact to the
offence,
A married woman does not become an. accessory after the
fact to an offence of which her husband is guilty, by receiving or
1° & 2 0 EDWARI)I VII., No. 14.
Criminal Code.
assisting him in order to enable him to escape punishment ; nor by receiving or assisting, in her husband's presence and by his authority, another person who is guilty of an offence in the com- mission of which her husband has taken part, in order to enable that other person to escape punishment : Nor does a husband become accessory after the fact to an offence of which his wife is guilty by receiving or assisting her in order to enable her to escape punishment.
CHAPTER II. L.—A PP I. ICAT I ON OP CRI.MI NAL LAW.
A PERSON cannot be punished for doing or omitting to (.10 an act, unless the act or omission constituted an offence under the law -in force when it occurred, nor unless doing or omitting to do the act under the same circumstances wo uld constitute an offence uinler the law in force at the time when he is charged with the offence.
| Effect of changes | 11. |
in law.
If the law in force when the act or omission occurred differs from that in force at the time of the conviction, the offender cannot be punished to any greater extent than was authorised by the former law, or to any greater extent than is authorised by the latter law.
| Application of Code | 12. | THIS Code applies to every person who i.s in Western |
| as to offences | Australia at the time of his doing any act or making any omission |
| wholly or partially | |
| committed in | which constitutes an. offence. |
| Western Australia. | With regard to offences which are of such a nature that they comprise several elements, if any acts or omissions or events actually occur which, if they all occurred in 'Western Australia, would constitute an offence, and any of such acts or omissions or events occurs in Western Australia, although all or some of the other acts or omissions or events which, if they occurred in Western Australia, would be elements of the offence occur elsewhere than in -Western Australia ; then |
(l.) if the act or omission which, in the case of an offence wholly committed in Western Australia, would be the initial element of the offence, occurs in Western Aus- tralia, the person who does that act or makes that omission is guilty of an offence of the same kind, and is liable to the same punishment, as if all the subse- quent elements of the offence had occurred in 'Western Australia ; and
if that act or omission occurs elsewhere than in Western Australia, and the person who does that act or makes that omission afterwards comes into Western Atis-
1° & 2" EDWARDI VII No. 14.
Criminal Code.
tralia, he is, by such coming into Western Australia, guilty of an offence of the same kind, and is liable to the same punishment as if that act or omission had occurred in Western Australia and he had been in Western. Australia when it occurred :
But in any such case it is a defence to the charge to prove that the accused person did not intend that the act or omission should have effect in Western Australia.
This section does not extend to a case in which the only material event that occurs in Western Australia is the death in Western Australia of a person whose death is caused by an act done or omitted to be done at a place not in Western. Australia, and. at a time when he was not in Western Australia.
13. ANY person who, having while out of Western Australia Offences procured
| procured another to do or omit to do in Western. Australia an act or counselled by | ,e,ssotn | eiciotsotfrmia. |
| of such a nature that, if he had himself done the act or made the omission in Western. Australia, he would. have been guilty of an offence, afterwards conies into Western Australia, is by such coming into Western Australia guilty of an offence of the same kind, and is liable to the same punishment, as if he had himself done the act or made the omission in Western Australia. | ||
| Any person. who, having while out of Western Australia counselled or procured the commission of an offence which is actually committed in Western Australia, afterwards comes into Western Australia, is by such coming into Western Australia guilty of an offence of the same kind, and is liable to the same punishment, as if he had been in Western Australia when the offence was committed. |
| 14. | ANY person who, while in Western Australia, procures | Offences procured in |
| another to do an act or make an omission at a place not in Western | Western Australia to be committed |
| Australia of such a. nature that, if lie had himself done the act or | out of Western |
| made the omission in Western Australia, he would have been | Australia. |
| guilty of an offence, and that, if he had himself done the act or made the omission, he would have been guilty of an offence under the laws in force in the place where the act or omission is done or made, is guilty of an, offence of the same kind, and is liable to the same punishment, as if the act had been done or the omission 'had been made in Western Australia, but so that the punishment does not exceed that which he would have incurred under the laws in force in. the place where the act was done Of the omission was made, if he had himself done the act or made the omission. | |
| A. prosecution Cannot be instituted under the provisions of this section, except at the request of the Government of the State having jurisdiction in the place where the act or omission occurs. |
1° & 2° EDWARDI VII., No. 14.
Criminal Code.
15. OFFICERS and men of the Naval and Military Defence
| Defence Force. | force are subject to the special laws relating to that force, but are not exempt from the provisions of this Code. |
A PERSON cannot be twice punished either under the for the same act or omission, except in the ease where the act or omission is such that by means thereof he causes the death of another person, in which case he may be convicted of the offence of which. he is guilty by reason of causing such death, notwith- standing that he has already been convicted of some other offence constituted by the act or omission.
| Person not to be | 16. |
| twice punished for | provisions of this Code or under the provisions of any other law |
| same offence. |
IT is a defence to a charge of any offence to show that the accused person has already been tried, and convicted or acquitted upon an indictment on which he might have been con- victed of the offence with which lie is charged, or has already been acquitted upon indictment, or has already been convicted, of an offence of which he might be convicted upon the indictment or complaint on which he is charged.
| Former conviction | 17. |
or acquittal.
CHAPTER IV.—PITNISHMENTS.
| Kinds of punish- | 18. | THE punishments which may be inflicted under this |
| ment. | Code are as follows :- Death ; Imprisonment with hard labour ; Imprisonment without hard labour ; Detention in an industrial or reformatory school ; Whipping ; Fine ; Finding security to keep the peace and be of good be- |
haviour.
Tile punishment of whipping cannot be inflicted upon a female.
| Construction of pro- | 19. | IN the construction of this Code it is to be taken that, |
visions of Code as to except when it is otherwise expressly provided,
punishments. .) A person liable to imprisonment, either with or without
hard labour, for life or for any other period, may be sentenced to similar imprisonment for any shorter term ;
A person liable to imprisonment with hard labour may hard labour, may be sentenced to pay a fine not ex-
be sentenced to imprisonment without hard labour ;
& 2° EDWARD' VII., No. 14.
Criminal Code.
ceeding Five hundred. pounds in addition to, or instead
of, such imprisonment ;
(4.) A person liable to a line of any amount may be sen- tenced to pay a fine of any lesser amount ;
(5.) The punishment of whipping cannot be inflicted upon a person who is sentenced to imprisonment, with or without hard labour, for a longer term than two years ;
(6.) A. person sentenced on conviction upon indictment to pay a fine may be sentenced to be imprisoned until the fine is paid, in addition. to any other punishment to which he is sentenced ; but so that the imprisonment for non-payment of the fine shall not extend for a term longer than two years, and shall. not, together with the fixed term of imprisonment, if any, extend for a term longer than the longest term for which he might be sentenced to be imprisoned without fine ;
| (7.) | A person convicted upon indictment of an offence not punishable with death may, instead of, or in addition to, any punishment to which he is liable, be ordered to enter into his own recognisance, with or without sureties, in such amount as the Court thinks fit, that he shall keep the peace and be of good behaviour for a time to be fixed by the Court, and may be ordered to be im- prisoned until such recognisance, with sureties if so directed, is entered into ; but so that the imprisonment for not entering into the recognisance shall not extend for a term longer than one year, and shall not, together with the fixed term of imprisonment, if any, extend for a term longer than the longest term for which he might be sentenced to be imprisoned without fine ; |
| (8.) | A person convicted of any offence upon summary con- |
| viction may, instead of being sentenced to any punish- | |
| ment to which he is liable, be discharged upon his entering into his own recognisances, with or without sureties, in. such amount as the justices think fit, that he shall keep the peace and. be of good. behaviour for a term not exceeding one year ; | |
| (9.) | When a person is convicted of any offence not punish- able with death, the Court or justices may, instead of passing sentence, discharge the offender upon. his entering into his own recognisance, with or without sureties, in such sum. as the Court or justices may think fit, conditioned that Ile shall appear and receive judgment at some future sittings of the Court, or when called upon. |
1° & 2° EDWARD' VII., No. 14.
Criminal Cade.
| 20 WHEN a person who is convicted of an. offence is under- | • |
| C | alcu | l | ation | of | terms |
| of sentence : | going, or has been sentenced to undergo, for another offence, a | |
| lative sentences : | ||
| Escaped prisoners. | sentence involving deprivation of liberty, the punishment to be inflicted upon him for the first-mentioned offence may be directed to take effect from the expiration of the deprivation of liberty for the last-mentioned offence. | |
| Except as aforesaid, a sentence of imprisonment, with or without hard labour, upon a conviction on indictment takes effect from the first day of the Sittings of the Court at which the offender is con v icted, and a sentence of imprisonment, with or without hard labour, upon a summary conviction takes effect from the com- mencement of the offender's custody under the sentence. | ||
| A person. who escapes from lawful custody while undergoing a sentence involving deprivation of liberty is liable upon recapture to undergo the punishment which lie was undergoing at the time of his escape, for a term equal to that during which lie was absent from. prison., after the escape and before the expiration of the term | ||
| of his original sentence, whether at the time of his recapture the | ||
| term of that sentence has or has not expired.. | ||
| ||
| Prerogative. |
CHAPTER Y.—ORDILNAL RESPONSIBILITY.
IGNORANCE of the law does not afford any excuse for Hut a person is not criminally responsible, as for an offence relating to property, for an act done or omitted to be. done by him with respect to any property in the exercise of an honest claim of right and without intention to defraud.
| Ignorance of law : | 22. |
| Bond fide claim of | an act or omission which would. otherwise constitute an offence, |
| right. | unless knowledge of the law by the offender is expressly declared to be an element of the offence. |
| Intention:Motive. to negligent acts and omissions, a person is not criminally respon- | 23. sible for an act or omission which occurs independently of the exercise of his will, or for an event which occurs by accident. |
| SUBJECT to the express provisions of this Code relating Unless the intention to cause a particular result is expressly declared to be an element of the offence constituted, in whole or part. by an act or omission, the result intended to he caused by an act or omission is immaterial. | |
| Unless otherwise expressly declared, the motive by which a person is induced to do or omit to do an act, or to form an intention. is immaterial so far as regards criminal responsibility. |
1° & 2" EDWARDI VII., No. 14.
Criminal Code.
24. A PERSON who does or omits to do an act under an Mistake of fact
h.onea and reasonable, but mistaken, belief in the existence of any state of things is not criminally responsible for the act or omission to any greater extent than if the real state of things had been such as lie believed to exist.
The operation of this rule may be excluded by the express or implied provisions of the law relating to the subject.
25. SUBJECT to the express provisions of this'Code relating Extraordinary
to acts done upon compulsion or provocation or in self-defence, emergencies.
a person is not criminally responsible for an act or omission done
or made under such circumstances of sudden or extraordinary
emergency that an ordinary person possessing ordinary power of
self-control could not reasonably be expected to act otherwise.
26. EVERY person is presmned to be of sound mind, and Presumption of
to have been of sound mind at any time which comes in question, sanity'
until the contrary is proved.
| A PERSON is not criminally responsible for an act or omission if at the time of doing the act or making the omission he is in such a state of mental disease or natural mental infirmity as to deprive him of capacity to understand what he is doing, or of capacity to control his actions, or of capacity to know that he ought not to do the act or make the omission. | Insanity. |
| A person whose mind, at the time of his doing or omitting to do an act, is affected by delusions on sown specific matter or matters, but who is not otherwise entitled to the benefit of the foregoing provisions of this section, is criminally responsible for the act or omission to the same extent as if the real state of things had been such as he was induced by the delusions to believe to exist. |
27.
| THE provisions of the last preceding section apply to the case of a person whose mind is disordered by intoxication or stupe- faction caused without intention on his part by drugs or intoxi- cating liquor, or by any other means. | Intoxication. |
| They do not apply to the ease of a person who has intention- ally caused himself to become intoxicated or stupefied, whether in order to afford excuse for the commission of an offence or not. | |
| When an intention to cause a specific result is an element of an offence, intoxication, whether complete or partial, and whether intentional or unintentional, may be regarded for the purpose of ascertaining whether such an intention in fact existed. |
28.
29. A PERSON under the age of seven years is not criminally Immature age.
responsible for any act or omission.
1° & 2° EDWARDI VII., No. 14.
Criminal Code.
A person under the age of fourteen years is not criminally responsible for an act or omission, unless it is proved that at the time of doing the act or making the omission he had capacity to know that he ought not to do the act or make the omission.
A male person under the age of fourteen years is presumed to be incapable of having carnal knowledge.
| Judicial officers. | 30. EXCEPT as expressly provided by this Code, a judicial |
officer is not criminally responsible for anything done or omitted to be done by him in the exercise of his judicial functions, although the act done is in excess of his judicial authority, or although be is bound to do the act omitted to be done.
31. A PERSON is not criminally responsible for an. act or
Justification and omission if he does or omits to do the act under any of the follow-
excuse : Compulsion.
mg circumstances, that is to say :—
.) In execution of the law ;
(2.) In obedience to the order of a competent authority which he is bound by law to obey, unless the order is mani- festly unlawful ;
(3.) When the act is reasonably necessary in order to resist actual and unlawful violence threatened to him, or to another person in his presence ;
(4.) When he does or omits to do the act in order to save himself from immediate death or grievous bodily harm threatened to be inflicted upon him by some person actually present and in a position to execute the threats, and believing himself to be unable otherwise to escape the carrying of the threats into execution ;
But this protection does not extend to an act or omission which would constitute an offence punish- able with death, or an offence of which grievous bodily harm to the person of another, or an inten- tion to cause such harm, is an element, nor to a person who has, by entering into an unlawful association or conspiracy, rendered himself liable to have such threats made to him.
Whether an order is or is not manifestly unlawful is a question
of law.
| Compulsion of | 32. A MARRIED woman is not free from criminal re- |
| husband. | sponsibility for doing or omitting to do an act merely because the act or omission takes place in the presence of her husband. |
& 2° EDWARD' VII., No. 14.
Criminal Code.
But a married woman is not criminally responsible for doing or omitting to do an act which she is actually compelled by her husband to do or omit to do, and which is done or omitted to be done in his presence, except in the case of an act or Omission. which would constitute an offence punishable with death, or an offence of which grievous bodily harm to the person of another, or an intention to cause such. harm, is an element, in which ease the. presence of her husband is immaterial.
| A HUSBAND and wife are not criminally responsible for a conspiracy between themselves alone. | No conspiracy be- |
| tween husband and | |
| wife alone. |
33.
| A PERSON who, being a member of a co-partnership, corporation, or joint stock company, does or omits to do any act | Offences by partners |
| and members of companies with | |
| with respect to the property of the co-partnership, corporation, | respect to partner- |
| or company, which, if he were not a member of the co-partnership, | ship or corporate |
| corporation., or company, would constitute an offence, is criminally | property. |
| responsible to the same extent as if he were not such member. |
34.
| 35. | WHEN a husband and wife are living together, neither . . | aLnman | Itylly ;10frhabla | ienets | 1 |
of them incurs any criminal responsibility for doing or omitting
to do any act with respect to the property of the other, except in committed by either
the case of an act or omission of which an intention to injure orOle=mt the.
defraud some other person is an element, and except in the case of an act done by either of them when leaving or deserting, or when about to leave or desert, the other.
Subject to the foregoing- provisions a husband and wife are, each of them, criminally responsible for any act done by him or her with respect to the property of the other, which would he an offence if they were not husband and wife, and to the same extent as if they were not husband and wife.
But neither of them can institute criminal proceedings against the other while they are living together.
Upon the prosecution of a husband on the complaint of his wife for an offence committed with respect to her property, and upon the prosecution of a wife on the complaint of her husband for an offence committed with respect to his property, the wife or husband, as the case may be, is a competent and compellable witness.
In this section the term " property," used with respect to a wife, means her separate property.
| THE provisions of this chapter apply to all persons charged with any offence against the Statute Law of Western Australia. | Applica | tto | 0 |
| rules. |
36.
1° & 2° EDWARDI VII., No. 14.
Criminal Code.
PART II.—OFFENCES AGAINST PUBLIC ORDER.
CHAPTER VI.—TREASON AND OTHER „OFFENCES AGAINST THE SOVEREIGN'S PERSON AND AUTHORITY.
| Treason. | 37. ANY person who |
| (I .) | Kills the Sovereign, or does Him any bodily harm, tending to His death, or maim or wounding, or imprisonment or restraint ; or |
| ( 2 .) | Kills the eldest son and. heir-apparent for the time being of the Sovereign, or the Queen Consort of the reigning King ; or |
(3.) Forms an intention to do any such act as aforesaid, and manifests such intention by any overt act ; or
(4.) Conspires with any other person to kill the Sovereign
or to do Him any bodily harm tending to His death, or
maim or wounding, or imprisonment or restraint ; or
(5.) Levies war against the Sovereign
(a.) With intent to depose the Sovereign from the style, honour, and royal name, of the Imperial Crown of the United Kingdom of Great Britain and Ireland, or of any other of His Majesty's dominions ; or
(b.) In order by force or constraint to compel the Sovereign to change His measures or counsels, or in order to put any force or constraint upon, or in order to intimidate or overawe any House of Parliament of any of His Majesty's dominions :
Or
(6.) Conspires with any other person to levy war against the Sovereign with any such intent or purpose as last aforesaid ; or
Instigates any foreigner to make an armed invasion of
any part of His Majesty's dominions ; or
Assists by any means whatever any public enemy at war
with the Sovereign ; or
Violates, whether with her consent or not a Queen
1" & 2° EDWARDI VII., No. 14.
Criminal Code.
SECOND SCHEDULE—continued.
---
STATUTES OF THE REAL âI IN FORCE IN WESTERN AusronAth—continued.
Reign, Year, and
| Chapter of Act. | Title of Act. | Extent of Repeal. |
| 7 Geo. III., c. 50 An Act for amending certain Laws relat- | The whole |
ing to the Revenue of the Post Office and for granting Rates of Postage for the Conveyance of Letters and Packets between Great Britain and the Isle of Man and within that Island
| 9 Geo. III., c. 30 Beginning with the words "An Act for | Section 6 |
repealing so much of an Act passed in the Tenth Year of her late Majesty Queen Anne" and ending with the words " in Relation to Seamen's Wages "
| 12 Geo. III., c. 20 An Act for the more effectually proceed- | The whole |
ing against persons standing Mute on their Arraignment for Felony or Piracy
| 12 Geo. III., c. 24 An Act for the better securing and pre- | The whole |
serving his Majesty's Dock Yards, Magazines, Ships, Ammunition, and Stores
| 13 Geo. III., c. 79 Beginning with the words "An Act for | The whole |
the more effectually preventing the forging" and ending with the words "the said Governor and Company"
| 18 Geo. III., c. 18 Beginning with the words "An Act to | The whole |
explain an Act passed in the seventh year of the Reign of Ins late Majesty King George the Second" and ending with the words "Delivery of Goods"
| 21 Geo. III., e. 49 An Act for preventing certain Abuses | The whole |
and Profanations on the Lord's Day
called Sunday
| 21 Geo. III., c. 69 An Act to explain and amend an Act | The whole |
made in the fourth year of his late Majesty King George the Second, in- tituled " An Act for the more effectual punishing Stealers of Lead or Iron Bars fixed to Houses or any Fences belonging thereunto"
| 21 Geo. III., c. 69 An Act to explain and amend an Act | The whole |
made in the twenty-ninth year of the Reign of his late Majesty King George the Second, intituled " An Act for more effectually discouraging and preventing the stealing and the buying and receiv- ing of Stolen Lead, Iron, Copper, Brass, Bell-metal, and Solder and for more
effectually bringing the Offenders to
Justice
& 2" EDWARDI VII No. 14.
Criminal Code.
SECOND SCHEDULE—continued.
STATUTES OF THE REALM' IN FORCE IN WESTERN AUSTRALIA—continued.
Reign, Year, and
| Chapter of Act,. | Title of Act. | Extent of Repeal. |
| 2 | Geo. | c. 58 | An Act for the more easy Discovery and | The whole |
| effectual Punishment of Buyers and Receivers of Stolen Goods |
| 28 Geo. | c. 55 | Beginning with the words "An Act for | The whole |
| the better and more effectual Protection of Stocking Frames" and ending with the words "for the use of the Stocking Frame" |
| 30 Geo. III., c. 48 | An Act for discontinuing the Judgment | The whole |
| which has been required by Law to be given against Women convicted of cer- tain crimes and substituting another Judgment in lieu thereof | ||
| 39 Gen. III., c. 33 | Beginning with the words " An Act for | Section 23 |
| explaining and amending an Act passed in the thirty-first year of the Reign of His late Majesty King George the Second" and ending with the words "on Board any of His Majesty's Ships " | ||
| 83 Geo. III., c. 67 | An Act for better preventing Offences in | The whole not |
| obstructing, destroying, or damaging | already repealed | |
| Ships or other Vessels and in obstruct- ing Seamen, Keelmen, Casters, and Ship Carpenters from pursuing their lawful Occupations | ||
| 36 Geo. III., c. 7 | An Act for the Safety and Preservation | The whole |
| of His Majesty's Person and Govern- ment against treasonable and seditious Practices and Attempts | ||
| 37 Geo. III., c. 70 | An Act for the better Prevention and | The whole |
| Punishment of Attempts to seduce Persons serving in His Majesty 's Forces by Sea or Land from their Duty and Allegiance to His Majesty or to incite them to Mutiny or Disobedience | ||
| 37 Geo. III., c. 122 | Beginning with the words "An Act for the | The whole |
| better preventing the forging or counter- feiting theNames of Witnesses to Letters of Attorney " and ending with the words " or for the Receipt of Dividends upon any of such Stocks or Funds " | ||
| 37 Geo. III., c.123 | An Act for more effectually preventing | The whole |
| the administering or taking of unlawful | ||
| Oaths |
1° & 2° EDWARDI VII., No. 14.
Criminal Code.
SECOND SCHEDULE—continued.
STATUTES OF THE REALM IN FORCE IN WESTERN AUSTRALIA —continued.
Reign, Year, and
| Chapter of Act. | Title of Act. | Extent of Repeal. |
| 39 Geo. III., e. 79 An Act for the more effectual Suppression | The whole |
of Societies established for seditious and treasonable Purposes and. for better preventing treasonable and seditious Practices
| 39 Geo. III., c. 85 | An Act to protect Masters against Em- | The whole |
| bezzlements by their Clerks or Servants | ||
| 39 & 40 Geo. III., | An Act for regulating Trials for High | The whole |
| c. 93 | Treason and Misprision of High Treason in certain cases |
| 41 Geo. III., c. 57 | Au Act for the better prevention of the | The whole |
| forgery of the notes and bills of exchange of persons carrying on the business of | ||
| bankers | ||
| 42 Geo.III.,c. 119 | An Act to suppress certain Games and | The whole |
| Lotteries not authorised by Law | ||
| 43 Geo. III., c. 113 | Beginning with the words " An Act for | The whole |
| the more effectual providing for the Punishment of Offences" and ending with the words " Accessories to Murders and to Manslaughters " | ||
| 43 Geo. III., c. 139 | Au Act for preventing the Forging and | The whole not al- |
| Counterfeiting of Foreign Bills of Ex- | ready repealed | |
| change, and of Foreign Promissory Notes and Orders for the Payment of Money and for preventing the Counter- feiting of Foreign Copper Money | ||
| 48 Geo. HI e. 58 | Beginning with the words "An Act for | The whole |
| amending the Law with regard to the course of Proceeding on Indictments" and ending with the words " assign the Bail Bonds to the King " | ||
| 48 Geo. III., c. 129 | Beginning with the words "An Act to | The whole |
| repeal so much of an Act passed in the eighth year of the Reign of Queen Elizabeth " and ending with the words " Larceny from the Person " | ||
| 49 Geo. III., c. 126 | An Act for the further Prevention of the | The whole |
| Sale and Brokerage of Offices |
1° & 2" ED WARDI VII., No. 14.
Criminal Code.
SECOND SCHEDULE—controlled.
STATUTES OR THE REALM IN FORCE IN WESTERN AUSTRALIA—COW/WWI.
Reign, Year, and
| Chapter of Act. | Title of Act. | Extent of Repeal. |
| 50 Geo. | III., | An Act for the more effectually prevent- | The whole |
| c. 59 | ing the Embezzlement of Money or Securities for money belonging to the Public by any Collector, Receiver, or other Person entrusted with the Receipt. Care, or Management thereof |
| 52 | Geo. III., | An Act for extending the provisions of | The whole |
| e. 64 | an Act of the thirtieth year of King George the Second against Persons ob- taining Money by false Pretences to Persons so obtaining Bonds and other Securities |
| 52 Geo. HE | An Act to render more effectual an Act The whole |
| e. 104 | passed in the thirty-seventh year of His present Majesty for the preventing the administering or taking Unlawful Oaths |
| 52 Geo. | Beginning with the words "An Act for The whole |
| c. 138 | the further Prevention of the counter- feiting of Silver Tokens " and ending with the words "the said Governor and Company " |
| 52 | Geo. | III.. | An Act for amending and reducing into The whole |
| c. 143 | one Act the Provisions contained in any Laws now in force imposing the penalty of Death for any act done in Breach of or in Resistance to any part of the Laws for collecting His Majesty's Revenue in Great Britain |
| 52 Geo. III | An Act for the more effectual Punishment | The whole |
| c. 156 | of Persons aiding Prisoners of War to escape from His Majesty's Dominions |
| 53 | Geo. | III., | An Act to relieve Persons who impugn | The whole |
| c. 160 | the doctrine of the Holy Trinity from certain Penalties |
| 54 Geo. | III., | A n Act to alter the Punishment in certain | The whole |
| c. 146 | Cases of High Treason |
| 56 | Geo. | III.. | An Act for removing the Difficulties in | The who] |
| c. 73 | the Conviction of offenders stealing Property from Mines |
| 56 Geo. | An Act to abolish the Punishment of the | The whole |
| c. 138 | Pillory except in certain Cases |
& 2" EDWARDI VII., No. 14.
Criminal Code.
SECOND SCHEDULE—continued.
STATUTES OF THE REALM IN FORCE IN WESTERN AUSTRALIA—continued.
Reign, Year, and I
| Chapter of Act. | Title of Act. | Extent of Repeal. |
| 57 Geo. III., c. 6 | Beginning with the words "An Act to The whole make perpetual certain parts of an Act of the thirty-sixth year of His present Majesty's Reign" and ending with the words "Treasonable Practices and At- tempts " | ||
| 57 Geo.III., c. 19 |
| ||
| ing Seditious Meetings and Assemblies | |||
| 60 Geo. M. & 1 |
|
| Geo. IV., c. 1 | to the Use of Arms and to the Practice of Military Evolutions and Exercise |
| 60 Geo. III. & I | An Act to prevent Delay in the Adminis- | The whole |
| Geo. IV., c. 4 | tration of Justice in Cases of Misde- meanour |
| 60 Geo. III. & 1 | An Act for the more effectual Prevention | Section 4 |
| Geo. IV., c. 8 | and Punishment of blasphemous and seditious Libels |
| 1 Geo. IV., c. 92 | An Act for the further Prevention of | Sections 1 and 2 |
| forging and counterfeiting of Bank Notes | ||
| 1 Geo. IV., c. 102 | An Act for making general the Provisions | The whole |
| of an Act made in the forty-sixth year of the Reign of His late Majesty for removing Difficulties in the. Conviction of Offenders stealing property from Mines | ||
| 1 & 2 Geo. IV., | Au Act for the Amendment of the Law | The whole |
| c. 88 3 Geo. IV., c. 38 | of Rescue | |
| An Act for the further and mote adequate | The whole | |
| Punishment of Persons convicted of Manslaughter and of Servants convicted of robbing their Masters and of Acces- sories before the fact to Grand Larceny and certain other Felonies | ||
| 3 Geo. IV., c. 114 | An Act to provide for the more effectual | The whole |
| Punishment of certain Offences by Im- prisonment with hard Labour | ||
| 5 Geo. IV., c. 107 | Beginning with the words " An Act to pre- | Section 5 |
| vent the illegal pawning of Clothes and Stores belonging to Chelsea Hospital" and ending with the words "to hold lauds purchased under the will of Colonel Drowly " |
1° & 2° EDWARDI VII., No. 14.
Criminal Code.
SECOND SCHEDULE—CM/tinned.
STATUTES OF THE REALM IN FORCE IN WESTERN AUSTRALIA—CO theued.
Reign, Year, and
| Chapter of Act. | Title of Act. | ' Extent of Repeal. |
| 6 Geo. IV., c. 129 | An Act to repeal the Laws relating to the | The whole |
| Combination of Workmen and to make provisions in lieu thereof | ||
| 7 Geo. TV., c. 16 | An Act to consolidate and amend several | Section 38 |
| Acts. relating to the Royal Hospitals for Soldiers at Chelsea and Kilmainham | ||
| 7 & 8 Geo. IV.. | An Act for further improving the admin- | The whole |
| c. 28 | istration of Justicein Criminal Cases in England |
| 9 Geo. IV., c. 32 | An Act for amending the Law of Evi- The whole |
| deuce in certain cases | |
| 9 Geo. IV., c. 69 | An Act for the more effectual Prevention The whole of Persons going armed by Night for the Destruction of Game |
| 11 Geo. IV. & 1 Wm. IV., c. 66 | An Act for Reducing into one Act all The whole |
| such Forgeries as shall henceforth be Punished with Death, and for otherwise Amending the laws relating to Forgeries | |
| 4 & 5 Win. IV., | Au Act for Abolishing Capital Punish- The whole |
| c. 67 | went in case of return from transporta- tion |
| 5 & 6 Wm. IV., | An Act to Consolidate and Amend the | Section 95 |
| c. 50 | Laws relating to Highways |
| 5 & 6 Wm. IV., | An Act to Repeal an Act of the present | Sections 5 & 21 |
| c. 62 | Session of I 'ornament intituled " An Act for the more Effectual Abolition of Oaths " |
| 7 Wm. IV. & 1 An Act to amend certain Acts relating | The whole |
| Viet., c. 88 | to the Crime of Piracy |
1° & 2° EDWARDI VII., No. 14.
Criminal Code.
The Third Schedule.
STATUTES OF WESTERN AUSTRALIA.
Year and Number
| of Act. | Title or Short Title of Act. | Extent of Repeal. |
| 6 Wm. IV., No. 4 | An Act for adopting and applying cer- | So much as adopts |
| tain Acts of Parliament passed in the | 2 & 3 Win. IV., | |
| first, the first and second, the second, | c. 62 | |
| the second and third, and the third and fourth years of the reign of His present Majesty, respectively, in the Administration of Justice in the Colony of Western Australia, in like manner as other laws of England are applied therein | ||
| 4 & 5 Viet., No. 20 | An Act to provide for the more effectual | Section 8 |
| and accurate establishment of the boun- daries of land within the Colony of Western Australia | ||
| 4 & 5 Vict., No. 22 | An Act to allow all aboriginal natives | Section 4 |
| of Western Australia to give informa- tion and evidence without the sanction of an oath | ||
| 6 Viet No. 8 | An Act to regulate the apprenticeship | Section 8 |
| and otherwise to provide for the guard- ianship and control of a certain class of juvenile immigrants | ||
| 7 Viet., No. 13 ... | An Act for adopting certain Acts of | So much as adopts |
| Parliament passed in the third and | 6 & 7 Will. IV., | |
| :fourth, the fourth and fifth, the fifth | c. 111, and 6 & 7 | |
| and sixth, and the sixth and seventh | Will. IV., c. 114. | |
| years of the reign of His late Majesty Ki , William the Fourth; and also certain Acts of Parliament passed in the first and second, the second and third, and the fifth and sixth years of the reign of Her present Majesty Queen Victoria, respectively, and applying the same in the Administration of Justice iu Western Australia in like manner as the other Laws of England are applied therein | ||
| 9 Vict., No. 2 .. | An Ordinance to provide for the Main- | Section 7 |
| tenance and Relief of Destitute Wives and Children, and other Destitute Persons, and to make the property of husbands and near relatives, to whose assistance they have a natural claim, in certain circumstances, available for sup- port |
1" & 2" EDWARDI VII., No. 14.
Criminal Code.
THIRD SCHEDULE--COMihnted.
STATUTES OF WESTERN AUSTRALIA—COntiMled.
| Year and Number | Title or Short Title of Act. | Extent of Repeal. |
of Act.
| 9 Vict., No. 8 | An Ordinance to adopt Certain Improve- | So much as adopts |
| ments made in the Law of England | 6 and 7 Vict., c. | |
| respecting Libel | 96, sections 3, 4, 5, 6 (except the proviso so far as it relates to civil proceedings), 7 and 8 |
| 10 Viet., No.14.. | An Ordinance for Improving the Law of En section 6 the Evidence words " every such person shall be guilty of felony. and shall, upon conviction, be liable to transpor- t tation for seven ' years, or to im- prisonment for any term not more than three nor less than one year with hard labour, pro- |
vided also that"
| 12 Vict., No. 7 | An Ordinance for the Regulation of Section 22 Gaols, Prisons, and Houses of Correc- tion in the Colony of Western Aus- tralia, and for other purposes relating thereto | ||||
| 12 Vict., No. 21. |
|
c. 82
| 14 Viet., No. 6 | An Ordinance to Provide for the due Sections 10, 18, 14, Custody and Discipline of Offenders ' 15, 17, 18, and 21 Transported to Western Australia and | ||||
| of Offenders Sentenced therein to transportation | |||||
| 16 Viet., No. 5 .. | An Ordinance for the Removal of Defects The whole in the Administration of Criminal: Justice | ||||
| 16 Vict., No. 6 ... | An Ordinance for the Better Prevention The whole of Offences | ||||
| 16 Vict., No. 8 .. |
|
1° & 2° EDWARD' VII., No. 14.
Criminal Coale.
THIRD SCHEDULE—Continued.
STATUTES OF WESTERN AUSTRALIA—CO/la/Wed.
Year and Number
| of Act. | Title or Short Title of Act. | Extent of Repeal. |
| 16 Vict., No. 9 .. | An Ordinance to Amend the Law of | Sections 12 and 14 |
| Evidence |
| 16 Vict., No, 18... An Ordinance to make further provision | Sections 2 to 5, |
| for the due Custody and Discipline of | sections 8 and 10 |
| Offenders transported to Western Aus- tralia and Offenders sentenced therein to transportation |
| 17 Vict., No. 7 An Ordinance for the Suppression of | Sections 1, 2, 3, 4, |
| Violent Crimes committed by Convicts | 10 and 11 |
| illegally at large |
| 18 Viet. No. 15... The Shipping and Pilotage Consolidation | In Section 17 the |
| Ordinance, 1855 | words "it shall be lawful for such justice" to" afore- said," and in the last line the words "of Quarter Ses- sions " |
| 19 Viet., No.14.. | An Ordinance to consolidate and amend | Sections 17. 18, and |
| the Laws relating to the Registration of | 24 | |
| Deeds, Wills, Judgments, and Convey- ances affecting Real Property | ||
| 20 Viet No. 5 .. | An Ordinance for the more speedy Trial | The whole |
| and Punishment of Offences in certain cases of Larceny | ||
| 23 Wet., No. 8.. | An Ordinance to amend an Ordinance for | The whole |
| the better Prevention of Offences (Im- perial Act 14 and 15, Vict., c. 19) | ||
| 24 Vict., No. 7 . | The Pawnbrokers Ordinance, 1860 | Section 25 |
| 24 Vict., No. 15.. | The Supreme Court Ordinance, 1861 ... | Section 21 |
| 27 Vict., No. 19... | An Ordinance to regulate Divorce and | In Section 51 the |
| Matrimonial Causes | words "knowing the same to be false" to " ordin- ance" | |
| 29 Via., No. 5 ... | The Criminal Law Consolidation Ordi- | The whole |
| nance, 1865 | ||
| 32 Vict., No. 9 | An Ordinance to make Better Provision | The whole |
| for the Suppression of Violent Crimes Committed by Convicts |
1° & 2° EDWARDI VII., No. 14.
Criminal Code.
THIRD SCHEDULE—Continued.
STATUTES OF WESTERN Ausiram,i,--eontinte
Year and Number
| of Act. | Title or Short Title of Act. | Extent of Repeal. |
| 32 Vict.,No.10 | An Ordinance for the Better Security | The whole |
| of the Crown mid Government | ||
| 32 Vict., No. 12 | The Quarantine Ordinance, 1868 | Section 20 |
| 34 Vict., No. 5 .. | An Act to Amend the Law of Evidence | Sections 1, 2, and 9 |
| and Practice on Criminal Trials | ||
| 34 Viet., No. 9 | The Lunacy Act, 1871 .. | Sections 46, 88, 91, and 93 |
| 34 Vict., No.11 | An Act to Amend the Law Relating to | The whole |
| Larceny and Embezzlement | ||
| 34 Vict., No. 15 | An Art to Provide for carrying out of | The whole |
| Capital Punishment within Prisons | ||
| 34 Viet., No. 21 | The Debtors Act, 1871 ... | Sections 7, 8, 9, 10, 14, 15 |
| 37 Vict., No. 4.. | An Act to Remove some Defects in the | Section 6 |
| Administration of the Criminal Law |
| 38 Vict., No. 6 . | The Telegraph Messages Act, 1874 | ... | Section 10 |
| 39 Vict., No. 1 | Au Act to Amend the Capital Punish- | The whole |
| ment Amendment Act, 1871 | ||
| 43 Vict., No. 4 ... | An Act to make additional Provisions | In Section 2 the |
| for Prison Discipline in Western Aus- | words " or may be | |
| tralia | deemed guilty of a misdemeanour" to end of the Sec- tion | |
| 45 Vict., No. 7 ... | The Brands Act, 1881 ... | Sections 32, 33, and 38 |
| 46 Vict., No. 6 .. | The Stamp Act, 1882 ... | Sections 76 and 80 |
| 47 Vict., No. 6 ... | The Grand Jury Abolition Act, 1883 | Sections 5, 6, 7, 8, and 9 |
| 47 Vict., No. 8 .. | The Aboriginal Offenders Act, 1883 | Sections 4, 5, 6, 7, 8, 9, 10, 11, and 12 |
| 48 Viet., No. 5 .. | The Regulation of Whipping Act, 1884 | Sections 2, 3, and 4 |
| 48 Vict., No.12 | The Newspaper Libel and Registration | Sections 3, 4, 5, and |
| Act, 1884 | 6 | |
| 48 Vict., No. 25. | The Imported Labour Registry Act, 1884 | Section 21 |
I° & 2° EDWARDI VII., No. 14.
Criminal Code.
THIRD SCHEDULE—continued.
STATUTES OF WESTERN AUSTRALIA—CO rued.
Year and Number
| of Act. | Title or Short Title of Act. | Extent of Repeal. |
| 50 Viet.,No. 15 ... | An Act to amend the Criminal Law pro- | The whole |
| cedure | ||
| 50 Viet., No. 25 ... | The Aborigines Protection Act, 1886 .. | Section 28 |
| 52 Viet., No. 6 .. | The Merchandise Marks Act, 1888 | ... | Section 2, Sections 4 to 13, inclusive, and Section 18 |
| 52 Vict.,No. 16 ... | The Roads Act, 1888 | Section 37 |
| 52 Viet., No. 18 ... | The Newspaper Libel and Registration | In Section 6 the |
| Act, 1884, Amendment Act, 1888 | words " or pro- secuted " | |
| 54 Viet., No. 3 ... | Au Act to give protection to persons | So much of Sec- |
| employed in the printing and publica- | tions 1, 2, and 3, | |
| tion of papers by order or authority of | as is contained in | |
| the Legislative Council or Legislative | the words " or | |
| Assembly or a Committee thereof respec- | criminal" "or | |
| tively, and to facilitate the proof of Acts | prosecuted" when- | |
| of Parliament and Parliamentary papers | ever therein ap- pearing. Section 5 | |
| 54 Viet., No. 4 ... | Au Act for defining the Privileges, Im- | Section 16 |
| munities, and Powers of the Legislative Council and Legislative Assembly of Western Australia respectively | ||
| 54 Viet., No. 7 ... | The Census Act, 1891 ... | In Section 12 the words "any per- son making and subscribing a false declaration shall be deemed guilty of perjury" |
| 54 Viet., No. 12 ... | The Audit Act, 1891 | • • • | Sections 34, ,36, and 43 |
| 55 Viet., No. 6 | An Act to permit the Conditional Release | The whole |
| of First Offenders in certain cases | ||
| 55 Viet., No. 14. | The Affirmations Act, 1892 | Section 2 |
| 55 Vint., No. 18. | The Aboriginal Offenders Act (Amend- | The whole |
| ment), 1892 |
1° & 2" EDWARD' VII., No. 14.
Criminal Code.
THIRD SCHEDULE—conlinated.
STATUTES OF WESTERN AUSTRALIA—CORii? tted.
Year and Number
| of Act. | Title or Short Title of Act. | Extent of Repeal. |
| 55 Vict., No. 20.. | The Married Women's Property Act, 1892 So much of Section 12 as is contained hi the words " and also (subject as regards her hus- band to the pro- viso hereinafter contained) the same remedies and redress by way of criminal proceed- ings " ; and in the words "In any indictment or other proceeding under this Section it shall be suffi- cient to allege such property to be her property" ; and in the pro- viso to the Sec- tion. Section 16 | |||
| 55 Viet., No. 24. |
| |||
| 55 Viet., No. 27... |
| |||
| 55 Vict., No. 32... |
| |||
| 56 Vict., No. 8 .. |
| |||
| 56 Vict., No. 14 .. |
| |||
| 56 Viet., No. 15. |
|
ment), 1893
| 57 Vict., No. 6 .. | The Grand Jury Abolition Act Amend- | The whole |
ment Act, 1893
| 58 Vict., No. 11... | The Marriage Act, 1894 | ... Sections 21, 24, 25, |
and 26
1° & 9° EDWARDI VII., No. 14.
Criminal Code.
THIRD SCHEDULE—continued.
STATUTES OF WESTERN AUSTRALIA—COn tecl.
Year and Number
| of Act. | Title or Short Title of Act. | Extent of Repeal. |
| 58 Vict., No. 15: | The Explosive Substances Act, 1894 | Sections 3, 4, 5, 6, and 8 |
| 58 Vict., No. 16..- The Registration of Births, Deaths, and | Sections 26, 48, and |
| Marriages Act, 1894 | 49 |
| 58 Vict., No. 21... The Agricultural Bank Act, 1894 | Section 17 |
| 59 Viet., No. 13... The Arbitration Act, 1895 | Section 23 |
| 59 Viet., No. 24, | The Copyright Act, 1895 | Section 50 |
| 60 Vict., No. 8 .. The Married Women's Property Act, 1896 | The whole |
| 60 Vict., No. 27... The Evidence Amendment Act, 1896 | _Sections 6, 7, and 9 |
| 61 Vict., No. 8 | The Local Inscribed Act, 1897 ... | Section 16 |
| 61 Vict., No. 14... The Registration of Firms Act, 1897 .. | Section 13 |
| 61 Vict., No. 25... The Sale of Liquors Amendment Act, | In Section 7 the |
1897 words " a misde- meanour."Section
17
| 61 Viet., No. 27... | The Imported Labour Registry Act, 1897 | Section 33 |
| 62 Vict., No. 4... | The Beer Duty Act, 1898 | Section 24 |
| 62 Viet., No. 10... | The Jury Act, 1898 | Section 41 |
| 62 Vict., No. 13... | The Prevention of Crimes Act, 1898 | Sections 1 and. 4 |
| 63 Viet., No. 6 .. | The Companies Duty Act, 1899... | Section 17 |
| 63 Vict., No. S . | The Criminal Evidence Act, 1899 | Section 5 |
| 63 Vict., No. 20... | The Electoral Act, 1899 ... | The whole of Part IV., except Sec- tion 135 |
| 63 Vict., No. 45.. | The Bills of Sale Act, 1899 | ... | Section 49 |
| 64 Viet., No. 8 . | The Municipal Institutions Act, 1900 | Sections 119, 120, sub-section (1) of 121,and Sections 122,123, and 124 |
1° & 2° EDWARDI VII., No. 14.
Criminal Code.
THIRD SCHEDULE—CM/a/ Ma.
STATUTES OF WESTERN AUSTRALIA—continued.
Year and Number
| of Act. | Title or Short Title of Act. | Extent of Repeal. |
| 64 Viet.. No.16 ... | The Distillation Act, 1900 | Sections 59 and 68 |
| 64 Viet., No. 19 ... | The Conspiracy and Protection of Prop- | In Sections 3 and |
| erty Act, 1900 | 4 "or on indict- ment as herein- after mentioned." Sections 7 and 8 | |
| 64 Viet., No. 22 | The Land Drainage Act, 1900 ... | Section 33 |
| 64 Viet., No. 29 . | An Act to amend the Criminal Law | The whole |
| Amendment Act, 1892 | ||
| 64 Viet., No. 31 .. | The Registration of Births, Deaths, and | Section 6 |
| Marriages Amendment Act, 1900 |
1° & 2° EDWARD' VII., No. 14.
Criminal Code.
The Fourth Schedule.
STATUTES OF WESTERN AUSTRALIA.
| Year and Number | Title or Short Title of Act. | Extent of Repeal. |
of Act.
| 82 Viet., No. 24 | The Health Act, 1898 ... | Section 42, omit the words "Every offence under this section after a conviction for a first offence shall be a misdemea- nour for which the person, on conviction, shall be imprisoned for a period not ex- ceeding six months with hard labour;" and in- sert the words, " For every of- fence under this section after a conviction for a first offence here- under the of- fender shall be liable on sum- mary conviction to imprisonment with hard labour not exceeding six months " |
| 1? Viet No. 7 .. An Ordinance for the regulation of gaols, | In Section 7 omit |
| prisons, and houses of correction in the | the words "guilty |
| Colony of Western Australia, and for | of a misdemean- |
| other purposes relating thereto | our" and insert " liable on sum- mary conviction to imprisonment with hard labour for six months, or to a fine of £100." |
13y Authority: Wx. ALFRED WArsott, Government Printer, Perth,
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