Criminal Code Amendment Act 1962 (WA)

No. 35.] Criminal Code. [1962.

CRIMINAL CODE.

11° Elizabeth II., No. XXXV.

No. 35 of 1962.

AN ACT to amend the Criminal Code.

[Assented to 29th October, 1962.]

RE it enacted by the Queen's Most Excellent -" Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

and citation. 1. (1) This Act may be cited as the Criminal

Code Amendment Act, 1962.

Vol. 8 of the

Reprinted	(2) In this Act "Code" means the Criminal Code,
Acts

approved for	as contained in the Schedule to the Criminal Code
reprint
29th June.	Act, 1913, Act No. 28 of 1913 and as amended by Acts
1955.	Nos. 32 of 1918, 51 of 1932, 15 of 1942, 40 of 1945, 27 of 1952, 55 of 1953, 20, 63 and 73 of 1954, 11, 43 and 74 of 1956, 50 of 1957, 25 and 50 of 1960 and 28 of

1962.] Criminal Code. [No. 35.

2.    This Act shall come into operation on a day at,Tence-

to be fixed by proclamation.

Code is repealed and re-enacted with amendments re-enacted. 3. Section one hundred and forty-nine of the 22 repealed and

as follows:

149. Any person who—	Rescuing,
permitting

(a) rescues, or wilfully permits the escape %6:cp e ea f li fn CgIra

of, a person who is in custody, or is subject to	detained, pursuant to any law relating any lawrelating to	mental
to mental disorder; or	disorder. Code s. 149.

(b) conceals a person who-

(i)  is rescued or escapes from that custody or detention; or

(ii)  is absent without leave, within the meaning of any law relat- ing to mental disorder,

is guilty of a misdemeanour and is liable to imprisonment with hard labour for three years.

4.    Section three hundred and thirty-four of ,Trended.

the Code is amended, by inserting after the word, "certificate", where occurring in lines two, five, eight and nine, the words, "or other document", in each case.

5.    Section three hundred and thirty-five of the =tied_

Code is amended, by inserting after the word, "person", in line three and, where secondly occur- ring, in line nine and in line eleven and after the word, "is" in line twelve, the words, "detained or", in each case.

Code is repealed and re-enacted with amendments, re-enacted. 6. Section three hundred and thirty-six of the repealed and

as follows:

336. Any person who, by the production of a ErieoUpirnff_

false certificate or other document, knowingly gge=gr

and wilfully, procures any person, not suffering 151

from ment l disorder, to be apprehended or a

Code s. 33& :11111?

No. 35.] Criminal Code. [1962.

detained, pursuant to any law relating to mental disorder, upon insufficient or unreasonable grounds, is guilty of a misdemeanour and is liable to imprisonment with hard labour for three years.

S. 337

repealed and 7.

Section three hundred and thirty-seven of the Code is repealed and re-enacted with amendments, as follows:

re-enacted.

Unlawful

custody of	337. Any person who detains, or assumes the
persons

suffering	custody of, a person suffering from mental
from
mental	disorder, contrary to the provisions of any law
disorder.
Code s. 337.	relating to mental disorder, is guilty of a mis- demeanour and is liable to imprisonment for two years.
S. 669A

The Code is amended by adding, immediately

after section six hundred and sixty-nine, the follow-

ing section:

added. 8.

Convicted

inebriates.

669A. (1) Where a person is convicted summarily, by a court comprising a stipendiary magistrate, or on indictment, of an offence, and drunkenness is an element, or was a contribut- ing cause, of the offence, the court, if satisfied that the offender is an inebriate, may, in its discretion, order the offender to be placed, for a period not exceeding twelve months, in an institution established for the reception of convicted inebriates.

(2) A court shall not be deemed to have satisfied itself that an offender is an inebriate unless

(a)	the Judge or magistrate has inspected, or appointed some person to inspect and report on, the offender;
(b)	there is produced to the court the certificate of a legally qualified medical practitioner that the offender is, in the opinion of the medical practitioner, an inebriate; and

1962.] Criminal Code. [No. 35.

(c) the certificate mentioned in paragraph (b) of this subsection is corroborated by the evidence of some person other than the medical practitioner by whom it is given.

(3) Every medical practitioner who signs a certificate under, and for the purposes of, this section shall specify therein the facts upon which he has formed the opinion that the offender is an inebriate and shall distinguish, in the certificate, facts observed by him from facts communicated to him by others; and a certificate which purports to be founded only on facts communicated by others is invalid for the purposes of this section.

(4) The period for which an offender is placed in an institution under subsection (1) of this section may be extended by a Judge for a further period not exceeding twelve months.

(5) for the purposes of this section, "inebriate" means a person who habitually uses intoxicating liquor to excess.