Criminal Code Amendment Act 1972 (WA)

WESTERN AUSTRALIA.

CRIMINAL CODE.

No. 21 of 1972.

AN ACT to amend sections 1, 3, 21, 151, 183, 189, 208, 210, 211, 212, 291A, 319, 320, 321, 323, 369, 401, 402, 403, 404, 426, 433, 465, 486, 496, 574, 586, 593, 599, 618, 669, 671 and 719, repeal and re-enact sections 277, 427, 466 and 551, and repeal section 289 of The Criminal Code, and to add sections 324A, 407A, 427A and 489A to that Code.

[Assented to 26th May, 1972.]

BE it enacted by the Queen's Most ExcellentMajesty, 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:-

1. This Act may be cited as the Criminal Code Amendment Act, 1972.	Short title
and
Interpre-
tation.

(2) In this Act-

"the Code" means The Criminal Code set out

in the Schedule to the Criminal Code Act,

1913, appearing in Appendix B to the

No. 21.] Criminal Code. [1972.

Criminal Code Act Compilation Act, 1913 as reprinted, with amendments to and including Act No. 1 of 1969 incorporated.

Commence- 2.

(1) Subject to subsection (2) of this section,

this Act shall come into operation on a date to be

fixed by proclamation.

ment.

(2) It is not necessary that the whole of this Act be proclaimed to come into operation on the one day; and the several sections may be proclaimed to come into operation on such respective days as are fixed by proclamation.

Amendment

to s. 1.	3.	Section 1 of the Code is amended
(Construc-

tion of	(a) by adding after the interpretation "having in possession" an interpretation as fol-
terms.)

lows

The term "indictable offence" means an offence a complaint of which is, unless otherwise expressly stated by the Code, triable only by jury;

(b) by adding after the interpretation "ship" an interpretation as follows

The term "summarily" means before a

Court of Petty Sessions; ; and

(c) by substituting for the interpretation "summary conviction" an interpretation as follows

The term "summary conviction" means conviction before a Court of Petty Sessions; .

Amendment

to e. 3.	4. Section 3 of the Code is amended
(Division

of	(a) by deleting all words in the second paragraph after the word "offences" at the end of line 1 of that paragraph; and
offences.)

1972.] Criminal Code. [No. 21.

(b) by adding after the second paragraph a third paragraph as follows

Where for any indictable offence offenders may be punished summarily any Court of Petty Sessions before which a person charged with the offence or which deals with the charge or examines the person charged, or commits him for trial shall be constituted by a magistrate alone, or if there is no magistrate available and the person consents, by two justices. .

5. Section 21 of the Code is amended by substi- rsergment

tuting for the passage "Subject to the provisions of (Preroge-

section seven hundred and six A of the Code, tiy"

nothing", in lines one and two, the word "Nothing".

6. The Code is amended by deleting the words Ineamdi-c,

"before two justices" or "before two Justices", as the 2'01521,121

case may be, in— and 319.

(a) lines seven and eight of section 151;

(b) line twenty of section 208;

(c)	lines twenty-one and twenty-two of section 210;
(d)	lines forty and forty-one of section 211;
(e)	line five of section 212; and
(f)	line three of section 319.

7. Section 183 of the Code is amended—

Amendment

to s. 183.

(a) by substituting for the word "boy", in line

of boys meat ntt

two, the word "child"; and

under

fourteen.)

(b) by adding after the word "years", in line two, the words "or who incites such a child to so deal with him or another".

No. 21.] Criminal Code. [1972.

Amendment

to s. 189.	8.	Section 189 of the Code is amended by adding
dealing

(Indecent	before the word "is", being the first word in line ten,
under
with girls	the passage "or who incites such a girl or woman
sixteen and
others.)	to so deal with him or another,".
Repeal and

re-enact-	9.	Section 277 of the Code is repealed and re-
ment of

s. 277.	enacted as follows-
Unlawful

homicide.	277. Any person who unlawfully kills another is guilty of a crime which, according to the circumstances of the case, may be wilful murder, murder, manslaughter, or causing death by the negligent use or management of a vehicle.
Repeal of

s. 289.	10.	Section 289 of the Code is repealed.
(Attempt- ing to commit suicide.)
Amend-

ment to	11. Subsection (1) of section 291A of the Code
s. 291A.

(Reckless or is amended by substituting for the word "and", in

dangerous line four, the word "or".

driving.)

Amend-	12. Section 320 of the Code is amended
ment to
s. 320.

(Some	(a) by substituting for the words "justices
assaults

not to be	find", in line one the words "Court of Petty
so dealt
with.)	Sessions finds";

(b)	by substituting for the words "justices are", in line three, the words "Court is"; and
(c)	by substituting for the words "they are", in line five, the words "the Court is".

Amend-

ment to	13. Section 321 of the Code is amended
s. 321.

(Common	(a)	by substituting for the words "justices are",
assaults.)
in line five, the words "Court of Petty Sessions is"; and
(b)	by substituting for the word "justices", in line nine, the words "a Court of Petty Sessions".

1972.] 14. Section 323 of the Code is amended Criminal Code. [No. 21.

Amend-

ment to

s. 323.

(a) by substituting for the word "justices", in ti Em ffeinctai?;

line two, the words "a Court of Petty coorTr is ict(on

missal.)

Sessions";

(b)	by substituting for the words "they dismiss", in line four, the words "the Court dismisses"; and
(c)	by substituting for the words "they are", in line five, the words "the Court is".

15.    Chapter XXXI of the Code is amended by fitelgtatic;

adding after section 324 a section as follows—

Cater

(ASSAULTS

PUNISH-

ABLE ON

SUMMARY

CONVIC-

TION.)

324A. Where a person is charged before a itescsaaatng Court of Petty Sessions with an offence under bodilyb"m section three hundred and seventeen of this

Code and the Court, having regard to the nature and particulars of the offence and to such particulars of the circumstances relating to the charge as the Court may require from the prosecutor, considers that the charge can be adequately dealt with summarily, the charge may be dealt with summarily at the election of the person charged, and he is liable on summary conviction to imprisonment for six months with hard labour, or to a fine of five hundred dollars. .

Amendment

16. Section 369 of the Code is amended— to S. 369. (Summary

(a) by substituting for the first paragraph a inirgileern cases of

paragraph as follows— defamation.)

Where a person is charged before a Court of Petty Sessions with unlawful publication of defamatory matter and the Court, having regard to the nature and

No. 21.] Criminal Code. [1972.

particulars of the offence and to such particulars of the circumstances relating to the charge as the Court may require from the prosecutor, consider that the charge can be adequately dealt with summarily, the charge may be dealt with summarily at the election of the person charged, and he is liable on summary conviction to a fine of one hundred dollars. ;

(b)	by substituting for the word "justices", in line two of the second paragraph, the words "Court of Petty Sessions"; and
(c)	by substituting for the words "under their hands", in lines three and four of the second paragraph, the words "by the Court".

Amendment

to ss. 901,	17. The Code is amended by substituting for the
402, 903 and

904.           words "a crime" in

(a) line three of section 401;

(b) line six of section 401;

(c) line seven of section 401;

(d)	line two of section 402;
(e)	line two of section 403;
(f)	line three of section 403; and
(g)	line two of section 404.

the words "an offence".

1972.] Criminal Code. [No. 21.

18. Chapter MIX of the Code is amended by Amendment	to Chapter
XXXEX.

adding after section 407 a section as follows—

(BUR-

GLARY:

HOUSE-

BREAKING:

AND LIKE

OFFENCES.)

407A. Where a person is charged before a	Summary
conviction

Court of Petty Sessions with an offence under	for burglary,
house-
section four hundred and three, four hundred	breakingand like
and four, or four hundred and seven of this	offences.
Code and the Court, having regard to the nature and particulars of the offence and to such particulars of the circumstances relating to the charge as the Court may require from the prosecutor, considers that the charge can be adequately dealt with summarily and

(a)	in the case of an offence against property, under section four hundred and three, the value of the property does not exceed five hundred dollars; and
(b)	in the case of an offence under section four hundred and three or section four hundred and four, there is no allegation that the person used or offered violence to another person or used a firearm, dagger, cosh, any other offensive weapon, or any explosive to facilitate the commission of the offence,

the charge may be dealt with summarily at the election of the person charged, and he is liable on summary conviction to imprisonment with hard labour for six months, or to a fine of five hundred dollars. .

19. Section 426 of the Code is amended

Amendment

to s. 426.

(Indictable

offences

(a) by substituting for the words "two	which may
be dealt

justices", in lines one and two of subsection	With
summarily.)
(1)' the words "a Court of Petty Sessions";

No. 21.] Criminal Code. [1972.

(b)	by substituting for the word "three", in line two of paragraph (1) of subsection (1), the word "five";
(c)	by substituting for the word "justices", in line two of paragraph (2) of subsection (1), the word "Court";
(d)	by substituting for the passage beginning with the word "the", being the first word in the fourth last line of subsection (1), and ending with the word "such", in the third last line of that subsection, the passage "the charge may be dealt with summarily at the election of the person charged, and he is liable on"; and
(e)	by substituting for the word "justices", in line one of subsection (2), the words "a Court of Petty Sessions".

Repeal and

re-enact-	20. Section 427 of the Code is repealed and re- 427. In respect of a person charged before a Court of Petty Sessions with any of the indict- able offences referred to in subsection (1) of section four hundred and twenty-six of this Code
ment of a.

427.           enacted as follows-

(Procedure.)

Procedure.

it appears that, by reason of the person charged having been pre- viously convicted of some offence on indictment, he is liable, on conviction of the offence charg- ed to imprisonment for a term of more than three years; or

1972.] Criminal Code. [No. 21.

(ii) for any reason the Court is of the opinion that the charge is a fit subject for prosecution by indict- ment,

the Court shall abstain from dealing

with the charge summarily; and

(b) where the charge is dealt with summarily-

(i)  if the Court finds that the charge is proved the Court may, whether it imposes any punish- ment or not, order the offender to make restitution of the property, if any, in respect of which the offence was com- mitted, to the owner thereof; and if the property is not at once restored, the Court may order the offender to pay the amount of its value, to be assessed by the Court, to the owner, either in one sum or by such instalments, and at such times as the Court thinks fit; and

(ii)    if the person is convicted and the Court is of the opinion that for any reason the sentence which it is empowered by this Chapter to pass on the person convicted by it is inadequate, the Court may, in lieu of passing sentence, commit the convicted person for sentence. .

21. Chapter XLIII of the Code is amended by traladaer

adding after section 427 a section as follows—

XLIII.

CONVIC- (SUMMARY

TION FOR

STEALING

AND LIKE

INDICT-

ABLE

OFFENCES.)

427A. The provisions of section five hundred 7atlesBing,

and ninety-nine of this Code in respect of izedtences,

convictions of persons on indictment of offences cheating.

No. 21.1 Criminal Code. [1972.

other than those with which they are charged apply to convictions of offenders on charges against them of any of the offences referred to in that section upon their trial in order to their summary conviction by a Court of Petty Sessions. .

Amendment

to s. 433. 22. Section 433 of the Code is amended

(Committal for trial.)	(a)	by substituting for the word "justices", in line one, the words "Court of Petty Sessions";
(b)	by substituting for the word "are", in line three, the word "is"; and
(c)	by substituting for the word "they", in line five, the words "the Court".
Amendment

to s. 465, 23. Section 465 of the Code is amended

(Offences which may be dealt	(a)	by substituting for the words "two justices",
with
summarily.)	in lines one and two of subsection (1), the words "a Court of Petty Sessions";
(b)	by substituting for the word "three", in line two of paragraph (1) of subsection (1), the word "five";
(c)	by substituting for the word "justices", in line two of paragraph (2) of subsection (1), the word "Court";
(d)	by substituting for the passage beginning with the word "the", being the first word in the fourth last line of subsection (1), and ending with the word "such", in the third last line of that subsection, the passage "the charge may be dealt with summarily at the election of the person charged, and he is liable on"; and
(e)	by substituting for the word "justices", in line one of subsection (2), the words "a Court of Petty Sessions".
1972.]	Criminal Code. [No. 21.

24. re-enacted as follows— Section 466 of the Code is repealed and reerg,agl'd

ment of

s. 466.

(Procedure.)

466. The provisions of section four hundred Er°cedurt

and twenty-seven of this Code in respect of indictable offences referred to in subsection (1) of section four hundred and twenty-six of this Code apply, with such modifications as are necessary, in respect of indictable offences referred to in subsection (1) of section four hundred and sixty-five of this Code. .

25. repealed.	Subsection (2) of section 486 of the Code is Amendment	to s. 86.
(False statements for the purpose of registers of births, deaths, and marriages.)

26. before section 490 a section as follows—	Chapter L of the Code is amended by adding Amendment	to Chapter
L.(FORGERY
AND LIKE OFFENCES PUNISH-
ABLE ON SUMMARY CONVIC- TION.)
Genera/
489A. Where a person is charged before a	offences which may

Court of Petty Sessions with

be dealt with

summarily.

(a)	an offence of forging a document, writing, or seal, or doing anything that is, under Chapter XLIX of this Code, an offence of the same kind, in respect of which the greatest punishment to which an offender convicted of the offence is liable does not exceed imprisonment with hard labour for three years; or
(b)	an offence under section four hundred and seventy-eight, four hundred and seventy-nine, or four hundred and eighty-six of this Code,

No. 21.] Criminal Code. [1972.

and the Court, having regard to the nature and particulars of the offence and to such particulars of the circumstances relating to the charge as the Court may require from the prosecutor, considers that the charge can be adequately dealt with summarily, the charge may be dealt with summarily at the election of the person charged, and he is, subject to this Chapter, liable on summary conviction

(c)	where the offence is not under section four hundred and eighty-six of this Code, to imprisonment for six months with hard labour, or to a fine of five hundred dollars; or
(d)	where the offence is under section four hundred and eighty-six of this Code, to a fine of two hundred dollars. .

Amendment	27. Subsection (5) of section 496 of the Code is
to s. 496.

(Offences as	repealed and re-enacted as follows
to trade
marks and

trade	(5) Where a person is charged before a Court of Petty Sessions with an offence under this Chapter, other than an offence under section five hundred and nine of this Code, he may, at his election, be prosecuted on indictment. .
descrip-
tions.)

Repeal and	28. Section 551 of the Code is repealed and
re-enact-

ment of

re-enacted as follows

s. 551.

(Person

accused

before court

of summary

Jurisdiction

may elect

to be

tried on

indictment.)

Prosecution

on indict-	551. Where a person is charged before a Court of Petty Sessions with an offence under section five hundred and fifty of this Code, he may, at his election, be prosecuted on indict- ment. .
ment.

1972.] Criminal Code. [No. 21.

29. Section 574 of the Code is amended—	Amendment
to s. 574.
(Summary

(a)

by substituting for the word "The", in line convictions: to subsection (4) of this section, the" ;

(b)	by substituting for the word "justices", in line four of subsection (1), the words "a Court of Petty Sessions" ; and
(c)	by adding a subsection as follows

(4) Where a person is charged before a Court of Petty Sessions with an indictable offence and the charge is one that may, at his election, be dealt with summarily, or with a simple offence for which he may, at his election, be prosecuted on indictment

(a)	before he is asked to show cause why he should not be convicted, the Court is required to explain to him that he is entitled to be tried by a jury, and is not obliged to make any defence before the Court, unless he elects to have the charge dealt with summarily, and to ask him to make his election; and
(b)	if he elects to have the charge dealt with summarily, the Court is required to reduce the charge to writing and to read it to him, and then to ask him whether he is guilty or not guilty of the offence; and if he says he is guilty the Court is to convict him of the offence, but if he says he is not guilty the Court is required to determine the charge summarily. .

No. 21.] Criminal Code. [1972.

Amendment

to s. 586. 30. Section 586 of the Code is amended by add-

(Cases in	ing after subsection (6) a subsection as follows
which several charges may

be joined.)	(7) Any number of persons charged with committing different or separate offences may be charged in the same indictment and tried together if the offences arise substantially out of the same or closely related facts. .
Amendment

to s. 593.	31.	Section 593 of the principal Act is amended
(Summary

convictions.)

by substituting for the word "Justices", in line

three, the words "a Court of Petty Sessions".

Amendment

to s. 599.	32.	Section 599 of the Code is amended by add-
(Stealing,

false

ing after the word "pretence", in line two of para-

pretences,

and cheat-

graph (b), the passage "or a wilfully false promise

ing.)

or partly by a false pretence and partly by a wilfully

false promise," .

Amendment

to s. 618.	33.	Section 618 of the Code is amended by sub-
(Persons

committed	stituting for the word "justice", in line two and in
for
sentence.)	line eleven, the words "Court of Petty Sessions".
Amendment

to s. 669.	34.	Subsection (1) of section 669 of the Code is
(First

offenders.)

amended by deleting the words "by Justices", in

lines eighteen and nineteen of paragraph (a).

Amendment

to s. 671.	35. Section 671 of the Code is amended
(Discharge of offender
cases.)

in certain	(a) by substituting for the word "justices", in line two, the words "Court of Petty Sessions"; and
(b) by substituting for the word "justices", in line six, the word "Court".

1972.] Criminal Code. [No. 21.

Amendment

36. Section 719 of the Code is amended to a. 719. (Power to award coin-

(a)	by adding after the section number "719."	pensation to persons
the subsection designation "(1)";	aggrieved by
offence.)
(b)	by substituting for the word "and", in line four, the words "if the application is made";

(e) by substituting for the passage "in the case of a summary conviction, fifty dollars, and in other cases, two", in lines eleven and twelve, the word "five"; and

(d) by adding subsections as follows

(2) In determining an application under subsection (1) of this section, the Court may consider evidence that led to the conviction and any other evidence that is relevant to any loss of property suffered or expenses incurred by the applicant and the extent thereof.

(3) The award of a sum of money under this section to a person aggrieved does not affect any civil remedy he may have against the person convicted but that sum shall be taken into account by way of mitigation of any damages awarded pursuant to the remedy. .