Sentencing, transportation abolition (1856) (WA)

WESTERN AUSTRALIA.

ANNO DECIMO NONO VICTORI/E REGIME.

No. VIII.

An Ordinance to substitute other punish-

ment in lieu of Transportation.

HEREAS a sentence of transportation passed in the colony

W of Western Australia can no longer be carried into effect, Preamble.

by reason that there no longer exists any place beyond seas to

which persons so sentenced can be lawfully-conveyed, and it has therefore become expedient to substitute other punishment in. lieu of transportation ;—Be it therefore enaeted, by his Excellency the Governor of Western Australia and its Dependencies, -by and with the advice and consent of the Legislative Council thereof, that,—

I. ANY person, who, if this Ordinance had not been passed,

might be sentenced to transportation, shall not, after the passing stituted for trans-, penal servitude sub-

hereof, portation.

19th Viet. • No. S. 1856.

hereof, be so sentenced ; but shall be liable, at the dscretion of the Court, to be kept in penal servitude for such term as hereinafter mentioned.

Terms of penal ser- transportation to which any offender would have been liable ifvitude, which may be IL THE terms of penal servitude to be awarded instead of the

awarded instead of this Ordinance had not been passed, shall be as follows, (that is

the present terms of to say),—

transportation.

Instead of transportation for seven years or for a term not ex- ceeding seven years, penal servitude for the term of four years ;

Instead of transportation for any term exceeding seven years and not exceeding ten years, penal servitude for any term not less than four and not exceeding six years ;

Instead of transportation for any term exceeding ten years and not exceeding fifteen years, penal servitude for any term not less than six years and not exceeding eight years;

Instead of transportation for any term exceeding fifteen years, penal servitude for any term not less than eight and not ex- ceeding ten years ;

Instead of transportion for life, penal servitude for life.

And in every case where, at the discretion of the Court, one of any two or more of the terms of transportation hereinbefore mention- ed might have been awarded, the Court shall have the like discre- tion to award one of the two or more terms of penal servitude hereinbefore mentioned in relation to such terms of transportation.

Pardons on condition III. WHENEVER Her Majesty or His Excellency the Gover-

of penal servitude as-	nor shall be pleased to extend mercy to any offender convicted of
similated to pardons	any offence, for which he may be liable to the punishment of death,
on condition of trans-	upon condition of his being kept to penal servitude for any term of
portation.	years or for life, such intention of mercy shall have the same ef- fect, and shall be signified and executed in like manner, as in cases where the like mercy is extended upon condition of transportation; an order for penal servitude being substituted for an order for transportation.

EVERY person who, under this Ordinance, shall be sen- tenced or ordered to be kept in penal servitude, may, during the

IV.

1856.                  19th Viet. No. S.

term of such sentence or order, be, confined in any such prison or Persons under =-

place of confinement in any part of the said colony, in which per-tense or order ef

sons under sentence of transportation may now by law be confined penal servitude, howor in any other prison in the said colony, as His Excellency the to be dealt wall.

said Governor may from time to time direct ; and such person may, during such term, ,be kept to lard labour and otherwise dealt with in all respects as persons under sentence of transportation may now

by law be dealt with while so confined. -

V.     THAT in the Convict Discipline Ordinances next hereinafter An Ordinances con-

mentioned, (that is to say) the 14 Victoria, No. 6, the 16 Victoria, No. cersenfteenTevokfttsraunns:

1 i and the 17 Victoria, No. 7, the word °° convict," in addition to portation made ap- 8

such meaning as is attached thereto in and by the said Ordinances plic:tableeatot convicts e

r spectively, shall be deemed and taken to mean and - include an

offender being in the said colony under an unexpired or unremitted3' sgeerv?atucle.

to Pe

sentence of penal servitude ; and all and every the provisions of the said Ordinances, and such provisions of any other Ordinances as relate to offenders under sentence of transportation, shall be deemed to relate and shall or may be applied and enforced to and against offenders :under sentence of penal servitude in like manner, to all intents and purposes, as against offenders under' sentence of transportation.

VI.     PROVIDED always, that nothing in this Ordinance con-Queen's Prerogative

tained shall in any manner affect Her Majesty's Royal prerogative npt to b be

of mercy, nor any prerogative of mercy vested in the Governor of ell	teedeehYereb	y.
the said Colony.

VII.

PROVIDED also, that nothing herein contained shall interfere with or affect the authority or diseretion of any Court inDiscretion of Courts

respect of any punishment which such court may now award orpassasto altrnatitvetpun,-i

on any offender other than transportation ; but where such other?	ateend 1,„rayr. °
punishment may be awarded, at the discretion of the court, instead of transportation, or in addition thereto, the same may be awarded instead of, or (as the case may be) in addition to, the punishment substituted for transportation under this Ordinance.

A. E. KENNEDY,

GOVERNOR AND COMMANDER-IN-CHIEF.

Passed the Legislative Council this

9th day of June, 1856.

HENRY WAKEFORD,

Clerk of the Council.

PERTH, TVPSTERN AUSTRALIA: PRINTED BY AUTHORITY 01' TILE GOVERNMENT, BY Syr/HANG,

GHOLL & COMPANY.