Criminal Law Act 1849 (SA)

No* 3.

ORDIXANCE Enacted by the Governor of SoutJ~ Australia, with the adyice and

colhscnt of the LegisZr,tiue C o ~ ~ n c i l thereof.

For the further Amendment of th,e Admiistration of the Criminal Law.

[25th July, 1849.1

WIIEREAS it is expedient to provide a better mode than that Preamu,.

uow in use of deciding\ny difficit Question of Law that mky arise

in Criminal Trials, mid to make firrther amendments in thc adminis-

tration of the Criminal Law:

with the ad.vice and consent of' the Legislative Council thereof, That aeration of Judges. Be it therefore Enacted by the Governor of South Australia, ~ ~ & ~ $ $ ~ ~, ": ~ ~

,	to respite execution of the judgment on such conviction, or postpone
the judgment until such cpestion shall have been considered and decided, as he or they may think fit; and in cither case, the Court before whom the case shall have been tricd, in its discretion, shall commit the person convicted to prison, or shall take a recognizance
of bail, with one or two sufficient sureties, and in such sum as such
Court shall think fit, conditioned to appear at such time or times

when any person sl~all have been convicted of any treason, felony, or misdemeanor, Ixfore any Sessions of Oyer and Trrnliner or Gaol

Delivery, or Court of Criminal Jurisdiction, the Judge, or Commis-

sioners, or Justices of the Peace, before whom the case shall have beeu tried, may, in his or their discretion, reserve any question of

law which shall have arisen on the trial, for the consideration of the

Supreme Court of this Province, and thereupon shall have authority

as the Court shall direct, and receive judgment, or to render hinlself

in execution, as the case may be.

Q ~ e ~ t i ~ n ~ ~ ~ ~ ~ e ~ to

be certified to the Su- 11. And be it Enacted That the Judge, or Commissioner, or

prerx~e court.	Court of Criminal JuriYdictio~i shall, thereupon, state, in a case sigiled
in the manner now usud, the question or questions of law which
shall have been so reserved, with the special circumstances upon which the same shall have arisen: and such case shall be transmit- ted or delivered to the proper officer of the said Supreme Court, and the said Supreme Court shall thereupon have full power and autho- rity to hear ancl finally determine the said question or questions, and thereupon to rcvcrse, affirm, or amend any judgment which shall have been given on.the indictment or inquisition on the trial where- of such question or questions have arisen, or to avoid such jndgme~lt,
and to order an entry to be made on the record, that in the judg- ment of the said Supreme Court the party convicted ought not to have been convicted, or to arrest the judgment, or order judgment
to be given thcreon at some other Sessiod of Oyer and Terminer or
Gaol Belivery, or other Sessions of the Court before whonl the case
shall ham been tried, if no judgment shall have been before that
time given, as they shall be advised, or to make such other order as justice may require; and such judgment and order, if any, of the mid Supreme Court shall be certified under thc hand of the presiding
Judge to the proper officer of thc Court hefore whom the case sllall
have been tried, as the case may be, who shall enter the same on the original record h proper form; and a certificate of such entry, under the hand of such officer, in the form as near as may be, or to the effect mentioned in the Schedule annexed to this Ordinance, with the necessary alterations to adapt it to the circumstances of the case, shall be'delivered or transnlittcd by him to the Shcriff or Gaoler in whose custod the person convicted shall lac ; and the said certificate shall be a sudkent warrant to such Sheriff or Gaoler, and all other persons for the execution d t h e judgment, as the same shall be so certified to have been affirmed or amended, and execution shall be
thereupon executed on such judgment, and for the disehargc of the person convicted from further imprisonment, if the judgment shall
be reversed, avoided, or arrested, and in that case such Sheriff or
Gaoler shall forthwith discharge him, and also the Court befom whom the case shall have been tried, shall vacate the recognisanct: of bail, if any; and if such Court shall bc directed to give judgment, the said Court hall proceed to give judgment at the next Sessions, or time of holding thereof.
J udgrnents to be de-

livered in open court, III. And be it Enacted That the jurisdiction and authorities by

and Illay be

"'" "'	and wbjwt to general thi(l Ordinance givea to the said Supreme Court,
Court. of exercised by the said Supreme Court ; and the judgment or judg ments

of the said Supreme Court shell be delivered in open Court

&ex* hearing counsel or the parties, in case thc prosecutor or the

person convicted shall think it fit that the case shall be argued;

always to such general rules and orders as shall be madc by

the said Supreme Court, and confirmed by the Governor of South

Austrdia, with the advice and consent of the Legislative Council

thereof, in manner prescribed by law.

IV. And he it Enacted That the said Supreme Court, when .a caseor certificate may be sent back for

I	judgment shall be delivered after it shall have been amended.
think fit, to cause the case or certificate to be sent back for amend-
case has been reserved for their opinion, shall have power if they
ment, and tliercupou the same shall be amended accordingly, sud

en jodgment 15 re-

V. And be it Enacted That whenever any writ of error shall be brought upon any Sndgrnent on any indictment, ixiforrndion, present- ,,, versed on writ of cr-

n , , , , , may be re-

a. .

ment, or inqumtrou, in any criminal case, and the court of error m'tted to Court

shall reverse the judgment, it s21a11 be conipetent for such court of

for judgment.

error either to pronounce the proper judgment, or to remit the record

to the court bclow, in order that such court may pronounce the

proper judgment upon such indictment, information, presentment, or

inquisition.

VI. And bc it Enacted That cvcry person who shall forge or Yandty h r forgery.

alter, or shall offer, utter, dispose of, or put off knowing the same to bc forged or altered, any certificate of or copy certified by any Judge, or officer of Court, as the case may be, with intent to cause any person to be discbwrqetl from custody, or otherwise prevent t,he

due course of justice, shill be guilty of felony, and being convicted

thereof shall be Liable, at the di~cret~ion of the Court, to he trans-

ported beyond the seas for any term not exceeding ten years, or be

impriso~vd hard labour and solitary confinement, both or either, at the discre- for any term not exceeding three years, with or without tion of the Court before which he shall be tried.

VII. And be it Enacted That this Ordinance shall commence Commencement.

h r n ancl after the passing thereof.

H. E. F. YOUNG,

Lieutenant-Governor.

h s e d the Legislative Council, this

twenty -Jfth day of July, 0 7 2 ~

i	Thousand Eight Hundred and
1

I p ~ ~ t ~ -nine.

' W. L. O'HALLORAS,

Clerk of Council.

Schedule

SCHEDULE, ,

WHEREAS at the Session of for the held on

before

A. B., late of	labourer, having
been found guilty of

thereupon given, that [state the substance] the Court beforc whom , and judgment

he was tried reserved a certain question ot law for the corisiderati~~

of the Supreme Court, and execution was thereupon respitecl in the

meantime:

Thia is to certify, that the said Supreme Court having met i11

the on the

day of

it was considered'by the said Supreme Court that the judgment aforesaid should be annulled, and an entry made on the record that the said A. B. ought not, in the judgment of the mid Supreme Court,

to have been convicted of the aforcsaid;

and you are therifore hereby required forthwith to discharge the

said A. B. from your custody.

To the Sheritf of South Australia, the Gaoler of

and all others whom it may concern.

(Signed) E. F.

Clerk of the

[or as the case may be.]

ADELAIDE : Printed by authority by W. C. Cox, at the Government Printing

Office, Victoria-squareb