The Criminal Law Consolidation Ordinance 1865 (WA)
WESTERN AUSTRALIA
ANNO VICESIMO NONO
VICTORLZE REGINA
No. 5
An Ordinance to consolidate and amend the Statute
Laws and Ordinances relating to Criminal Offences.
[Assented to 7th July, 1865.
HEREAS by six several Acts of the Imperial Parliament,
injuries to property, larceny, forgery, coining and accessories andWrelating respectively to offences against the person, malicious
abettors, divers Acts and parts of Acts have been consolidated and amended, whereby a great improvement has been affected in the criminal laws of England : And whereas the criminal laws of this Colony have been from time to time, with few exceptions, assimilated to the laws in force in England by adopting the Statutes of the Im- perial Parliament, it is now expedient that the said six several Acts should, except as hereinafter is excepted, be adopted : Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof as follows :-
1. The six several Acts of the Imperial Parliament specified and criminal statute
named in the Schedule A to this Ordinance annexed, and every clause tafemrAr.
and enactment in the said several Acts contained, shall, except only 24 and 25 Vic.
the third, eleventh and forty-eighth sections of the Statute passed in the er21,troiVom
session of Parliament held in the twenty-fourth and twenty-fifth years 3n1, nth, and
| of the reign of Queen Victoria, chapter one hundred (which said three g italp | t ieee | r tir of |
| several sections are hereby expressly excluded), extend to and be in force in this Colony, and the same, except as aforesaid, are hereby adopted and directed to be applied in the administration of justice in like manner as in England, so far as the provisions of the same are |
29 VICTORI2E. No. 5
Criminal Law
within the scope and power of colonial legislation, and can be applied
to the circumstances of the Colony.
| Administering | 2. Whosoever shall administer to, or cause to be administered to or to be taken by any person, any poison or other destructive thing, |
| poison, orinten | or |
| with intent to murder— | shall by any means whatsoever wound or cause any grievous bodily |
| Deat I | harm to any person, with intent in any of the cases aforesaid to commit murder, shall be guilty of felony, and being convicted thereof shall suffer death. |
| Rape—Death | 3. Whosoever shall be convicted of the crime of rape shall suffer death as a felon. |
| Burglary with | 4. Whosoever shall burglariously break and enter into any dwelling house, and shall assault with intent to murder any person being therein, or shall wound, beat or strike any such person, shall be guilty of felony, and being convicted thereof shall suffer death. |
| violence—Blot! |
| Recital of 24 a: | 5. And whereas by the Act of the session holden in the twenty- |
25 Vie', c• D5, and fourth and twenty-fifth years of the reign of Queen Victoria, chapterrepeal quoad
| Acts and parts session of Parliament, relating to offences against the person, maliciousof Acts men- | tins Colony, of ninety-five, after reciting that by six several Acts of the then present | |||||
| timed in Sches injuries to property, larceny, forgery, coming and accessories and | ||||||
| dule of said Or- | ||||||
| dinance abettors, divers Acts and parts of Acts had been consolidated and amended, and that it was expedient to repeal the enactments so consolidated and amended and certain other enactments, the several Acts and parts of Acts in the Schedule to the said Statute annexed are | ||||||
| ||||||
| thereof |
Colony in force in the parent country of general import and applicable to the state of colonists, and others by reason of their bbeina subse- quently adopted by Ordinances of the Legislative Council of the said Colony : and it is necessary that all such Acts and parts of Acts should be repealed as to this Colony : and whereas it is also expedient to repeal the several Ordinances and parts of Ordinances in the Schedule B hereto annexed : Be it therefore enacted that on and after the day of the coming into operation and taking effect of this Ordinance, the several Acts and parts of Acts in the said Schedule to the said Act passed in the session of Parliament held in the twenty-fourth and twenty-fifth years of the reign of Queen Victoria, chapter ninety-five, annexed, and by the said Act repealed, and also the several Ordinances and parts of Ordinances in the said Schedule B hereto annexed, shall be and stand repealed as to this Colony, any Ordinance to the contrary notwithstanding.
| Repeal not to | 6. Provided that every offence which shall have been wholly or |
| affect offences, |
| drc., committed | partly committed against any of the said Acts or parts of Acts, Ordi- |
| before the com- | |
| mencement of | nances or parts of Ordinances before this Ordinance comes into opera- |
| this Ordinance | tion, shall be dealt with, inquired of, tried, determined, and punished, and every penalty in respect of any such offence shall be recovered, in the same manner as if the said Acts and parts of Acts, Ordinances and parts of Ordinances had not been repealed ; and that every Act duly done and every warrant and other instrument duly made or granted before this Ordinance comes into operation shall continue and be of the same force and effect as if the said Acts and parts of Acts, Ordinances |
29 VICTORIA No. 5
Criminal Law
and parts of Ordinances had not been repealed ; and that every right, liability, privilege, and protection in respect of any matter or thing committed or done before this Ordinance comes into operation shall continue and be of the same force and effect as if the said Acts and parts of Acts, Ordinances and parts of Ordinances had not been repealed; and that every action, prosecution, and other proceeding which shall have been commenced before this Ordinance comes into operation, or shall thereafter be commenced in respect of any such matter or thing, may be prosecuted, continued, and defended in the same manner as if the said Acts and parts of Acts, Ordinances and parts of Ordinances had not been repealed.
7. Wherever this or any other Ordinance, or any Act herein Interpretation
named, or any other Statute now or hereafter in force in this Colony, relating to any offence, whether punishable upon indictment, informa- tion or summary conviction, in describing or referring to the offence, or the subject matter with respect to which it shall be committed, or to the offender or party affected or intended to be affected by the offence, hath used or shall use words importing the singular number, or the masculine gender only, yet the Ordinance or Statute shall be under- stood to include several matters as well as one matter, and several persons as well as one person, and females as well as males, and bodies corporate as well as individuals, unless it be otherwise specially pro- vided, or there be something in the subject or context repugnant to such construction ; and wherever any forfeiture or penalty is payable to a party aggrieved it shall be payable to a body corporate in every case where such body corporate shall be the party aggrieved : And the word ' month' shall be deemed and taken to mean calendar month, unless words be added showing lunar month to be intended ; and the word ' land ' shall include messuages, tenements, and hereditaments, houses, and buildings, of any tenure, unless where there are words to exclude houses and buildings, or to restrict the meaning to tene- ments of some particular tenure ; and the words oath,' swear,' and 'affidavit' shall include affirmation, declaration, affirming and declaring in the case of persons by law allowed to declare or affirm, instead of swearing.
8. This Ordinance may be cited for all purposes as The Criminal short title
Law Consolidation Ordinance, 1805.'
J. S. HAMPTON,
GOVERNOR AND COMMANDER-IN-CHIEF.
SCHEDULE A
An Act to consolidate and amend the Statute Law of England and Ireland, 24 & 25 Vic.,
| relating to Accessories to and Abettors of Indictable Offences. | c. 94 |
An Act to consolidate and amend the Statute Law of England and Ireland, 24 & 25 Vie.,
| relating to Larceny and other Similar Offences. | e.95 |
| An Act to consolidate and amend the Statute Law of England and Ireland, 24 & 25 vie., | relating to Malicious Injuries to property. | e.97 |
| An Act to consolidate and amend the Statute Law of England and Ireland, 24 & 25 Vie., | relating to Indictable Offences by Forgery. | c. 98 |
| An Act to consolidate and amend the Statute Law of the United Kingdom 24 & 25 Vie., | against Offences relating to the Coin. | c. 99 |
An Act to consolidate and amend the Statute Law of England and Ireland, 24 & 25 Vic,
| relating to Offences against the Person. | e.100 |
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SCHEDULE B
References to
| Ordinances | Title of Ordinance | Extent of Repeal |
| 16 Vie., No. 5 | An Ordinance for the removal of defects in the Adminis- tration of Criminal Justice | Sections one, two, and three |
| 16 Vic., No. 6 | An Ordinance for the better Prevention of Offences. | Sections two, three, four and |
six
| 16 Vic., No. 8 | An Ordinance for further im- proving the Administration | Sections four, six, eight, |
eleven, thirteen, fourteen,
| of Criminal Justice | fifteen, sixteen, and so much of section five as relates to forging or uttering any in- strument; and so much of section twenty-seven as re- lates to any indecent as- sault, or any assault occa- sioning actual bodily harm, or any attempt to have carnal knowledge of a girl under 12 years of age |
| 23 Vic., No. 1 | An Ordinance for more effec- tually preventing Embezzle- ments by persons employed in the Public Service of Her Majesty in Western Australia | The whole |
| 24 Vic., No. 10 | An Ordinance to make better provision for the Punish- ment of Frauds committed by Trustees, Bankers and other persons entrusted with property | The whole |
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