Criminal Law Act 1849 (SA)

No. 2.

I j b ~ the Remozd qfllefects in the Adrninistrntion of C~iminul

Justice.

[%th July, 1849.1

W ~ I E R E A S the technical strictness of Criiuimd Proceedings might

iu some instances be further relaxqd, so as to insure the punishment Iare@mble.

of the guilty, without depriving the accused of my j u ~ t mems of

dr fhce : dud wl~creas it is expedient to make further prorivion for tllc. more effect,ual prosecution of accessories before ahd dter the

WI puniehed, in

fjct to Pclony : And wlicreas it is also expedient, that any Accessory

k h r e the fact to felony should be liable to be indicted, tried, con- victed, and pwlished in all yes ecte like the Wncipal, as is now Qw

('W in t'reason, and in all mis X ememom :

I3e it therefore Enacted ~ ~ , " ~ ~ F ~ ~

be prraisM in the

wit11 the advice and conseat moo cJegrI3e as the

I a~td after the prirtcipai.

I hwme an wcmm

be a felony at eo

or to be made, wch

felon has beeu convicte(l, alld not otllerwise, wlliclr is solnetinlcs productive of a failure of justice: Be it Enacted, that fion* and after the passing of this Ordinance, if any person s l d l becoille an accessory after the fact to any felony, whether the same be a felorry at corurrmn law, or by viktue of any Statute or Ordirianes made, or to bc made, he may be indicted and convicted either as a11 accessory after the fact to the principal felony together with tllr principal felon, or after the conviction of the principal felon, or may be indicted and convicted of a substantive fklony, whether the pin- eipal felon shall or shall not have been previously convicted, or s l d or shall not be amenable to justice, and may thereupon be p~~nishcd

in like manner as any accessory after the fkct to the same f'eloi~~,

if' conviekd as an accessory, may be punished; a d the offence bf

such person, howsoeverinclicted, may be inquired of, tried, determined,

and punislied by any Court which shall have j~wisdictioa to try the

principal felon, in the same manner as if the act, by rcasoii of which

such person shall have becornc an accessory, 11ad been conimittcd

at the same place as the principal fdony: Providcd always, that no

person who shall be once duly tried for m y such oEence, w l d ~ c s as

an accessory after the fact, or as for a substantive felony, sl~zll he

liable to he again C indicted or tried for the same off'euce.

AS to additions of

counts in indictments 111. And whereas, according to the present practice of C'oustu of'

G, , i , , . sadnni- Criminal Jurisdiction, it is not permitted in m indictmel~t fiw litpill-

stolen P ~ O P ~ W.	ing property to add n count for receiving the sanle property know-
ing it to have been stolen, or in an indictment for receiving stole11 property knowing it to have been stolen, to add n count for stealing the same property, and justice is hereby often defbat,ed: He it Enacted, that fiom and after the passing of this Ordinance, in every indictment for feloniously stealing property, it. shall be lawfill
to add a count for feloniously receiving the same property knowins
property knowing it to have been stolen, it shall be lawful to add :2 it to have been stolen, and in any indictnlent for feloniously receiving count for feloniously stealing the same property; and wl~ere a11y such indictment shall have been preferred and f o ~ ~ i ~ d against xnp person, the prosecutor s l d not be put to his election, but it slid]
be lawful for the jury who #ha11 try the same to find n vcrdict of
guilty either of stealing the property, or of receiving it knowin6 it to have been stolen; and if such indictment shall have brrn prefer- red and found against two or more persons, it shall be lawful for the
jury who s h l l try the same, to find a11 or any of the said persolls
guilty either of stealing the property, or of receiving it knowing it to have been stolen, or to fiid one or more of the said persons guilty of stealing the propcrtv, and tlw other or otllcw of tl~snl guilty of receiving it kxrowing ii to have been stolen.

1V. And

crinlinal trials by reason of variaaces and defects of msre form, ded in certain cases. IV. And wlweas a, failma of' justice frequently takes place in ~?$~e;;;{o~;~d~

Fur remedy thereof Re it Enacted, that it shall and may be l a d ~ ~ l

for any Court of Criminal Jurisdiction, if such Court shall see fit

so to do, when any vasimce shall appear between the proof and

tile recital or setting forth in the indictrneilt or information whereon

hatever, of any particular in the

r id to the merits of the case, and

t have been prejudiced, and also

infonnatiw slid1 appcar to such d a r for mere want of form, not

cause sucn ixfictment or G-

11 swll particular or particulars

hv some officer of the Court, and after such aiuendmeut the trial shll yroceed ill the samc nianrwr in a11 nlspects, both with regard to the liability of witnesses to be indicted for perjury, and otherwise,

a b if 1 1 0 H I I C ' ~ variance or defect I d ;lppe;trcd.

H. E. F. YOUNG,

Lieutenmt-Governor.

l'oscsed the Legislafice Council, this

T~,uenty-$fth du f~ of July, One

Thousun d Rig h t &undretl am? 1 J

W. L. O'IIALLOHAN,

Clerk of Council.

"ELAIDE : P r i n t d by autllority, hy W. C. Cox, at the Government Printing

Office, Victoria Square.