Criminal Code Amendment Act 1913 (WA)

WESTERN AUSTR

ANNO QUARTO

G-EORGII QUINTI REGIS,

AV.

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No. 15 of 1913.

AN ACT to amend the Criminal Code and to facilitate the enactment of a compilation of the Criminal Code Act, 1902, and its amend- ments, and to provide for the inclusion in the compilation of certain statutory provisions of the Criminal Law, and for other relative purposes.

[Assented to 15th December, 1913.]

HEREAS the Legislative Council and Legislative Assembly, Preamble.

Wby resolutions passed on the twenty-second day of Decem-

ber, nineteen hundred and eleven, directed the compilation with its amendments of the Criminal Code Act, 1902, and such compilation has been duly made in accordance with the Statutes Compila- tion Act, 1905: And whereas it is' desirable before the enactment of such compilation to amend the Criminal Code (hereinafter called the Code) and to provide for the inclusion in the said com- pilation of such amendments and also of certain statutory pro- visions of the Criminal law: Be it therefore enacted 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 auth- ority of the same, as follows:—

1913, No. 15.] Criminal Code Amendment. [4 Gno. V.

Short title. 1. This Act may be cited as the Criminal Code Amendment

Act, 1913.

Amendment of	2.	The amendments indicated in the First Schedule to this Act
Chapter XIV.,

Schedule. are hereby made in Chapter XIV. of the Code.

Amendment of	3.	Section one hundred and ninety-seven of the Code is hereby
Section 197.

Sees Edw. vii.,	amended by the insertion in the first and also in the second para-
e. 45.	graph, before the word "daughter," of the words "mother or," and before the word "descendant" of the words "ancestress or."

Amendment of 4.

Section one hundred and ninety-eight of the Code is hereby amended by the insertion in the first and also in the second para- graph, after the word "father," of the words "or son," and after the word "ancestor" of the words "or descendant."

Section 198.

Ibid.

Further amend-	5.	The following paragraph is added to section one hundred
ment of Sections

197 and 198.

and ninety-seven and also to section one hundred and ninety-eight

of the Code:

The mention of any relationship herein shall include any

such relationship, whether natural only or legitimate.

Amendment of 6.

Section two hundred and six of the Code is repealed, and the following section is substituted, that is to say:-

Section 206.

Common nthsanee-

206. (1.) Any person who without lawful justification or excuse (the proof of which lies on him) does any act or omits to discharge any legal duty which act or omission endangers the lives, safety, health or property of the public or by which act or omission the comfort of the public is interfered with or the public are obstructed in the exercise or enjoyment of any common right, is guilty of a misdemeanour, which is called a common nuisance, and is liable to imprisonment for one year.

(2.) It is the duty of every person having any property under his control to do such acts with respect thereto as are necessary to prevent any such danger, interference, or ob- struction as aforesaid arising therefrom.

Repeal of	7.	The second paragraph of section two hundred and ninety-
portion of

Section 296. six of the Code is hereby repealed.

Repeal of 8.

Section two hundred and ninety-seven of the Code is hereby amended by the deletion of the words "within or (being a subject of His Majesty) without His Majesty's dominions," and also of the last paragraph.

portion of

Section 297.

Amendment of 9. Section three hundred and eighty-seven of the Code is

Section 387. hereby amended

4 GEO. V.] Criminal Code Amendment. [1913, No. 15.

(a) By the deletion of the second paragraph, and the substi-

tution of the following:

Any person (being such a mortgagor as aforesaid) who shall destroy, break, injure, kill, or otherwise damage any mortgaged goods with intent to deprive the mortgagee of his security or any part thereof, or to defeat or anywise impair the security, is guilty of a misdemeanour and liable to imprisonment with hard labour for two years.

(b) By the insertion of the words "and any fixtures" after the words "progeny of any animals," in the third para- graph.

•

10. Section four hundred and fifty-one of the Code is hereby Repeal of portion of

amended by the deletion of the second paragraph:	Section 451.
Repeal of

Section four hundred and fifty-two of the Code is hereby amended by the deletion of the words "within or (being a subject

portion of

Section 452.

of His Majesty) without His Majesty's dominions" and also of

the last paragraph.

11.

Section four hundred and ninety-three of the Code is hereby amended by the deletion of the word "and," at the end of para-	Amendment of
Section 493.
graph (b) of subsection (3), and the substitution of the word "or."
Amendment of

12.

Section five hundred and twenty-one of the Code is hereby amended by the insertion after the word "composition," wherever it occurs, of the words "assignment or arrangement," and by the insertion between the word "with" and the words "his creditors" of the words "or for the benefit of," and by the insertion of the words "or insolvent" between the word "bankrupt" and the word "debtors." Section 521.

13.

Section five hundred and twenty-six of the Code is hereb y Amendment of

amended by the deletion of the word "make," in the fourth line, Section 526. 14.

and the substitution of the words "cause or enable."

15. Section five hundred and thirty-five of the Code is hereby Repeal of Seorti p on of

amended by the deletion of the last paragraph. ction 535.

amended by the excision of the word "an" before "accused Secti on 607. 16. Section six hundred and seven of the Code is hereby Amendment of

person" in the last paragraph, and by the insertion in place thereof

of the , words "the Crown or the."

17. The last subsection of section six hundred and fifty-three C Amendment of Section 653c.

(653c) is hereby repealed.

1913, No. 15.] Crtminat Code Amendment. [4 GEO. V.

Amendment of 18.

Sections six hundred and sixty-one and six hundred and sixty-two are hereby amended by the insertion after the words "Circuit Court," in each section, of the words "or Court of General or Quarter Sessions."

Sections 661 and

662.

Insertion of new

sections after 19. A new section is hereby inserted in Chapter LXVI. in the

Section 666.	Code after section six hundred and sixty-six, as follows:-
order for pay-

Enforcement of	666A. Any judgment or order by any Court (including a court of summary jurisdiction) under this Code for payment of any fine or costs or any other sum of money whatsoever by any person or corporation may, without prejudice to any other method of enforcement, be entered up as a judgment of the Supreme Court on the order of a Judge, and shall be enforce- able with costs accordingly.
ment of money.
Insertion of a
new chapter	20. The following chapter is hereby inserted in the Code after

after Chapter	Chapter LXVII. :—
LXVII.
CHAPTER LXVIIA.—Effect of conviction as regards prisoners'

property.

Forfeitures

abolished. 666s. Forfeitures, escheats, attainders and corruptions of

See 33 and 34	blood on account of crime or conviction stand abolished.
Viet., e. 23, s. 1.

Curator may be	666c. (1.) Whilst any person heretofore or hereafter sen-
appointed of

prisoner's estate.	tenced to a term of imprisonment or detention exceeding twelve
See Ibid., s. 9.	months or to detention during the Governor's pleasure is under and subject to such sentence the Court may, on the application of the Comptroller-General of Prisons, appoint a curator of such prisoner's estate, and may at any time remove such cura- tor, and, if deemed expedient, appoint another person in his place.
Estate to vest
in curator.	(2.) Subject to any order or direction of the Court, the prisoner's real and personal estate shall vest in the curator, and such vesting shall be deemed a transmission within the mean- ing of the Transfer of Land Act, 1893, and may be registered under that Act accordingly, subject to such and the like con- ditions as apply in the case of transmissions of the lands of a deceased person; provided that nothing herein shall affect the prisoner's right to dispose of his estate whilst there is no curator thereof.
See Ibid., s. 10.

Posvers of curator.	(3.) The curator shall have power
(a.) to pay and discharge out of the said estate all such debts and liabilities as are justly payable out of the same;
See Ibid., s. 16.	(b.) to make and pay out of the said estate all such allow- ances for the support or maintenance of any wife

Or

4 GEO. V.1 Criminal Code Amendment. [1913, No. 15.

or child or reputed wife or child of the prisoner or of any other relative or reputed relative of such prisoner dependent upon him for support or for the benefit of the prisoner himself if and while he shall be lawfully at large under any license, as to such curator shall seem fit;

(c.)	to manage the said estate and take such steps and do such things for the preservation and advantage thereof (including the carrying on of any business) as shall be approved by the Court;
(d.)	to lease, sell or otherwise dispose of any part of the said estate whenever he shall judge it expedient so to do;
(e.)	to sue or defend any action on behalf of the prisoner
(f.)	to exercise such powers in respect of the said estate as an administrator may exercise in respect of the estate of his intestate:

Provided that no real estate shall. be leased for a longer term than one year or sold or mortgaged except pursuant to an order of the Court.

(4.) The Court may require any curator to give security Security.

or may make any appointment subject to security being given, and may impose any such conditions, restrictions and limita- tions on the appointment as may appear expedient, and may allow the curator such remuneration as shall be just.

(5.) Notwithstanding anything herein no property ac- quired by a prisoner whilst he shall be lawfully at large under	Prisoner mayretain property
acquired whilst
any license shall vest in any curator, but such prisoner shall be	on license.
entitled thereto without interference.
(6.) A curator shall be entitled at any time to apply to the Court for advice and directions as to the performance of	Curator mayapply to Court
for directions.
his duties and the exercise of his powers, and any person may summon the curator before the Court to show cause why he should not do or submit to any act, matter or thing in his charac- ter as such curator, and the Court may make such order as shall be just.
(7.) In this chapter the word "Court" means the Supreme Court or any Judge thereof, and the word "prisoner" includes any person under and subject to such sentence as afore- said though he be not in actual custody, and the provisions of this chapter shall extend to any person who is undergoing or subject to a term of imprisonment by way of commuted sentence as if he had been originally sentenced to such term.	Interpretation.
666n. When any person for whose estate a curator has been appointed under this chapter shall die or be made bankrupt or	Vesting of pro perty on death,
bankruptcy, or
shall cease to be a prisoner the powers, authorities and discre-	liberation of
tions of any curator 'of his estate shall cease, and the estate	prisoner.
See s. 7.

and

191.3, No. 15.] Criminal Code Amendment. [4 GEO. V.

and all accretions thereto shall, subject and without prejudice to the administration and application thereof under and accord- ing to this chapter, vest in the person who would be entitled thereto if no curator had been appointed: Provided that the curator may do such things as may be necessary for the care and preservation of the estate or any part thereof until it can be handed over to the person entitled thereto.

Curator to 666E. A curator shall be accountable to the person entitled

account.	to the estate that was vested in him in the same manner in which
See Ibid., ss. 19
and 29.	a trustee is accountable to his cestui one trust, without prejudice, however, to the administration and application of the estate under this chapter, and on his authority coming to an end the curator shall pass his accounts before the Master of the Supreme Court in manner to be prescribed by rules which the Judges of the Supreme Court or a majority of them are hereby empowered to make: Provided that a curator shall not be answerable to any person for any property which shall not actually have come to Ins hands by virtue of this Chapter nor for any loss or damage which may happen through any mere omission or non-feasance on his part.
Amendment of
Section 669.	21.

Subsection three of section six hundred and sixty-nine of the Code is hereby amended by the insertion after "verdict" of the words "or which may lawfully be passed for the offence of which the appellant stands convicted."

Amendment of

Section six hundred and seventy-one D (671o) of the Code is hereby amended by , the addition to the third paragraph of the words :—" and any such extension may be ordered although the application for the same is not made until after the expiration of the time appointed."

Section 671o. 22.

Amendment of 23. Section six hundred and seventy-one L (671L) of the Code

Section 671 1 is hereby amended by the addition of a definition, as follows :-

(3.) The expression "Judge who tried him," used in re- lation to any convicted appellant, means the Judge or Chairman of the Court from the conviction before Which such appellant desires to appeal.

Insertion of	24.	The following section is inserted in the Code to stand as
new section to

stand as 672.	section six hundred and seventy-two thereof
and motions for

Writs of error 672. Proceedings in error in cases to which any of the pre-

new trials in

ceding provisions of this chapter apply and any powers or prac-

criminal eases

tice which may now exist in the Supreme Court in respect of

abolished.

See 7 Edw. VII.,

motions for new trials or the granting thereof in such cases other

c. 23, s. 20.

than such as are provided for in this chapter are hereby abo-

lished.

4 GEO. V.] Criminal Code Amendment. [1913, No. 15.

25.

In section six hundred and seventy-three of the Code all words after the word "conditioned" are repealed, and the follow-	Amendment of
Section 673.
ing words are substituted:—"to keep the peace and be of good behaviour for a period from the date of the sentence equal to the term of the sentence or for any less period. Upon complaint being made on oath before any Justice of any breach of the condition of the recognizance, such Justice may issue his warrant for the apprehension of the offender, and for his detention in custody until he can be brought before a Justice to be dealt with hereunder, and any Justice, on such offender being brought before him, may, on due proof of such breach, declare the recognisance forfeited, and commit the offender to prison to serve, as under the sentence aforesaid, any unexpired balance of the term of such sentence, which, for this purpose, shall be deemed to be revived.

26.

A new section is hereby inserted in the Code in Chapter JINNI., after section six hundred and eighty-six, as follows:—	Insertion of new section
in Chapter LXXI.

686A. It shall be lawful for any court before which any person shall have been convicted (whether on indictment or summarily)	Power to award compensation to
person aggrieved
upon the application of any person aggrieved, and immediately	by offence.
after the conviction to award any sum of money, to be paid by	See 33 and 34
the person convicted to the person aggrieved, by way of satis-	Viet., e. 23, s. 4.
faction or compensation for any loss of property suffered or expenses incurred by the applicant through or by means of the said offence, but the sum awarded shall not exceed in the case of a summary conviction, twenty-five pounds, and in other cases, one hundred pounds: Provided that such an order may be varied, annulled or appealed against as if it were an order for restitution, and that it shall be deemed to be annulled if the conviction is quashed on appeal.
27.

The following section is hereby inserted in the Code after section seven hundred and four of the Code.

Insertion of new

section after

Section 704.

704A. No person shall in any civil or criminal proceeding be excused from answering any question put either viva voce or	Incriminating
answers and
discovery.
by interrogatory or from making any discovery of documents	See 1905, No.10,
on the ground that the answer or discovery may criminate or	Sec. 8 (coo.)
tend to criminate him in respect of any offence against Chapter XXXV. or the Secret Commissions Act, 1905: Provided that his answer shall not be admissible in evidence against him in any criminal proceeding other than a prosecution for perjury.
28.

Section seven hundred and thirteen of the Code is hereby amended by the addition thereto of the words, "The Judges or a majority of them may also, subject to this Code, make general rules for regulating the practice and procedure of the said Court in its criminal jurisdiction."	Amendment of
Section 713.

1913, No. 15.] Criminal Code Amendment. F.4 Cilio. V.

Amendment of 29. The word "thereof" is hereby substituted for the words

Section 714.

"of the Supreme Court," in paragraph (d) of subsection (1) of

section seven hundred and fourteen of the Code.

37 Vict., No. So 30. The Third Schedule of the Criminal Code Act, .1902, is

repealed.

hereby amended by the inclusion therein, as a repealed statute

of the Act hereinafter mentioned, that is to say-

37 Vict., No. 8.—"An Act for adopting and applying (with

certain modifications and exceptions) an Act of Parliament, intituled 'An Act to abolish Forfeitures for Treason and Felony, and to otherwise amend the law relating thereto,' in the ad- ministration of Justice in the Colony of Western Australia," and by the insertion (opposite the mention of the said Act, under the heading of "Extent of Repeal") of the words "The Whole."

Amendments 31. (1.) In Appendix A of the Bill for the Statute to enact

effected by this

the compilation aforesaid, it shall be lawful to insert as repealed

Act and the Seere

Commissions Aet

Statutes the Secret Commissions Act, 1.905, and this Act (except

may be inserted

this section), and to insert in the compiled Act in Appendix B of

in the Criminal

Code Act Compila-

such Bill the amendments effected by this Act, and also the pro-

tion Act.

visions-of the Secret Commissions Act, 1905 (except section nine-

teen).

(2.) The said provisions of the Secret Commissions Act,

1905, shall be inserted in Division IV. of Part VI. of the Compila-

tion, and the chapter containing them shall be headed "Corruption

of agents, trustees and others in whom confidence is reposed."

(3.) 'The insertions hereby authorised may appear in the

Bill on its introduction„ and may be made with such and the like consequential and other alterations in, additions to or omissions from the text as are permitted in compilations made under the Statutes Compilation Act, 1905, and that Act shall apply to the Bill with such insertions as if the matter inserted had been duly and properly inserted in the original compilation.

SCHEDULE.

4 GEO. V.] Criminal Code Amendment. [1913, No. 15.

SCHEDULE. Section 2.

AMENDMENTS IN CHAPTER XIV.

Section, I A wench/tents.

94     Substitute "misdemeanour" for "crime." and "one year" for

" two years."

95     Substitute " offence" for "crime," and " six months" for "two

years."

96      Substitute "offence" for "misdemeanour," and "three" for "six,"

and " twenty " for "fifty."

97      Substitute " offence" for "misdemeanour," " six months" for "one

year," and "fifty " for "two hundred."

98      Substitute "nine months" for "one year," and "one hundred" for

" two hundred."

99      Substitute " nine months" for "one year," and "one hundred " for

"two hundred."

100     Substitute " two" for " and " twenty " for "one hundred."

102      Substitute "nine months" for " one year," and, "one hundred" for

"two hundred."

103      Substitute "twenty-five" for "one hundred."

105      Substitute " offence" for "misdemeanour," "three months " for

"one year," and " twenty•five" for "two hundred."

106      Substitute " offence" for "misdemeanour," "six months" for "one

rear," and " twenty-five" for " two hundred."

107      Substitute "offence" for "misdemeanour," and " six months" for

" two years."

108     Substitute "misdemeanour" for " crime," and " one year " for

" three years."

109      Substitute " offence" for " misdemeanour," and "six months" for

"two years."

110     Substitute "misdemeanour" for "crime," and "one year " for

"three years."

111      Substitute " offence" for "misdemeanour," and " six months" for

"two years.''

112      Substitute " offence" for " misdemeanour," and "six months " for

"two years."

113      Substitute "nine mouths" for "one year," and "one hundred" for

"two hundred."

114     Substitute "misdemeanour" for "crime," and " one year" for

"three years."

115     Substitute "twenty" for "fifty."

By Authority : FRED. WM. SIMPSON, Government Printer, Perth.