Criminal law, treason (1868) (WA)

32 VICTORIA No. 10

Criminal Law

WESTERN AUSTRALIA

API.NO TRIGESITIO SEGUNDO

VICTORIA REGINE

No. 10

An Ordinance for the better security of the Crown and

Government. [Assented to 5t1t, August, 1868.

HEREAS it is expedient to assimilate, as far as possible, the Preamble

Wof the United Kingdom : Be it therefore enacted by His Excellencylaw of this Colony respecting treasonable offences to the law

the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows :-

1. If any person or persons whatsoever shall compass, imagine, Offences against

invent, devise or intend death or destruction, or any bodily harm tend- Vloejle rezin of the

ing to death or destruction, maim or wounding, imprisonment or Treason

restraint of the person of our Sovereign Lady the Queen her heirs and

successors, and such compassings, imaginations, inventions, devices or

intentions or any of them shall express, utter or declare by publishing

any printing or writing, or by any overt act or deed ; being legally

convicted thereof upon the oaths of two lawful and credible witnesses

upon trial, or otherwise convicted or attainted by due course of law, then

every such person and persons, so as aforesaid offending, shall be deemed,

declared and adjudged to be a traitor and traitors, and shall suffer

pains of death, and also lose and forfeit as in cases of high treason.

2. If any person whatsoever, after the passing of this Ordinance, offences declared

shall, within the said Colony and its Dependencies, compass, imagine, felonies byte t

inven , devise or intend to deprive or depose our Most Gracious Lady punishable bp

Houses or either House of Parliament, or intimidate or overawe the Governor and Legislative Council or other the Legislature for the time being of any such Colony, dominion or country, or to move or stir any foreigner or stranger with force to invade the United Kingdom, this Colony or any other Her Majesty's dominions or countries under the obeisance of Her Majesty, her heirs or successors, and such compassings, imagina- tions, inventions, devices or intentions, or any of them, shall express, utter or declare by publishing any printing or writing, or by any overt act or deed, every person so offending shall be guilty of felony, and: being convicted thereof shall be liable, at the discretion of the Court, to penal servitude for the term of his or her natural life or for any term not less than seven years, or to be imprisoned for any term not exceeding two years, with or without hard labour, as the Court shall direct.

theQueen her heirs or successors, from the style, honour or royal g.trul'h,,ti,titie„ Kingdom, or within this Colony and its Dependencies, or within any other part of Her Majesty's dominions or countries under the obeisance of Her Majesty, in order by force or constraint to compel her or them to change her or their measures or counsels, or in order to put any force or constraint upon, or in order to intimidate or overawe both

name of the Imperial Crown of the United Kingdom, or of any other

of Her Majesty's dominions and countries, or to levy war against Her

32 VICTORIAN. No. 10

Criminal Law

la informations

more than one felony under this Ordinance to charge against the offender any numberovert act may be 3. It shall be lawful in any information or indictment for any

charged of the matters, acts or deeds by which such compassings, imaginations,

inventions, devices or intentions as aforesaid, or any of them, shall

have been expressed, uttered or declared.

Informations for 4. If the facts or matters alleged in any information or indictment

fetenY umier s for any felony under this Ordinance shall amount in law to treason, thi

Ordinance valid

though the facts such information or indictment shall not by reason thereof be deemedmay Amount to treason void, erroneous or defective ; and if the facts or matters proved on the

trial of any person arraigned for any felony under this Ordinance shall amount in law to treason, such person shall not by reason thereof be entitled to be acquitted of such felony ; but no person tried for such felony, shall be afterwards prosecuted for treason upon the same facts.

As to thepunk/ L. 5. In the case of every felony punishable under this Ordinance,

snirrittafeecreesa. nd every principal in the second degree, and every accessory before the

after the fact fact, shall be punishable in the same manner as the principal in the

first degree is by this Ordinance punishable ; and every accessory after the fact to any such felony shall on conviction be liable to be imprisoned, with or without hard labour, for any term not exceeding two years.

Not to affect 6. Nothing herein contained shall lessen the force of, or in any

provisions of manner affect anything enacted by the Statute passed in the twenty-

25 Ed. c.2 fifth year of the reign of King Edward the Third, A Declaration

which Offences shall be adjudged Treason.'

J. S. HAMPTON,

GOVERNOR AND COMMANDER-IN-GBIEF.