Criminal Code Act 1924
An Act to declare, consolidate, and amend the criminal law, and to establish a code of criminal law
[Royal Assent 4 April 1924]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Criminal Code Act 1924 .
2. Establishment of the Criminal Code
(1) After the passing of this Act, the provisions contained in the Code of Criminal Law set forth in Schedule 1 , and hereinafter called the Code , shall be the law of this State with respect to the several matters therein dealt with.(2) The said Code may be cited as the Criminal Code .
(1) After the passing of this Act no penal enactment contained in any Imperial Act, not having the force of law in this State otherwise than by virtue of the provisions of section 24 of the Australian Courts Act 1828 , shall continue in force or be applied in the administration of justice in this State.(2) The several Acts mentioned in Schedule 2 shall be repealed to the extent in the said schedule indicated.(3) The repeal of any statute or part of a statute set forth in the said schedule shall not affect the construction of any other statute, or of any other part of the same statute.
(1) After the passing of this Act every statute shall, for the purposes of this Act, be read and construed as if any offence therein mentioned for which the offender may be prosecuted on indictment or information (however such offence may be therein described or referred to) were described or referred to as a crime as defined by the Code ; and all provisions of this Act relating to crimes generally shall apply to every such offence.(2) Where in any statute reference is made to proceedings upon information in the Supreme Court, the same shall be construed as a reference to proceedings upon indictment.(3) [Section 4 Subsection (3) substituted by No. 38 of 1963, s. 2 ]Except as provided in section 36 of the Acts Interpretation Act 1931 , nothing contained in this Act or in the Code shall be construed to affect the construction of any statute, or of any provision thereof, creating an offence punishable summarily or referring or relating to summary proceedings.
5. Trial by magistrate in certain cases
(1) Where in any unrepealed statute, passed before the passing of this Act, it is provided that any offence therein created, defined, or made punishable shall be punishable by any term of imprisonment not exceeding 2 years (whether such offence is described as a misdemeanour, or otherwise), or that any offence shall be a misdemeanour, and no specific punishment is thereby provided for the same, every such offence shall be punishable summarily before a magistrate as herein provided.(2) In every such case, as aforesaid, a magistrate shall have power to impose upon any person convicted of any such offence a term of imprisonment not exceeding one year, or such shorter period as may be provided by such statute, in addition to any fine or other punishment, if any, authorized thereby, or otherwise.(3) In any case in which the term of imprisonment authorized by any such statute exceeds one year the magistrate before whom any person is charged with an offence thereunder may –commit such person for trial upon indictment under the Code .(a) if such person demands to be tried by jury; or(b) if, in his opinion, the charge should be tried upon indictment –(4) A person so committed shall thereupon be dealt with under the provisions of the Code relating to proceedings upon indictment, and may be punished in manner provided by such statute as aforesaid.(5) [Section 5 Subsection (5) added by 25 Geo. V No. 43, s. 2 ]The provisions of this section shall apply only in respect of offences which were intended by the Act constituting the same to be prosecuted upon information or indictment, and in respect of which no other mode of proceeding is provided by such Act or any other Act.
6. Prosecutions at common law abolished
After the passing of this Act no person shall be proceeded against as for a crime as defined by the Code , except under the provisions of this Act, or of some other Act, or of some Commonwealth Act, or of some Imperial Act in force in this State.
7. Proceedings to be initiated by indictment
All proceedings in the Supreme Court against any person for a crime shall be initiated by indictment, and shall be prosecuted in accordance with the provisions of the Code relating thereto.
8. Saving of common law defences
All rules and principles of the common law which render any circumstances a justification or excuse for any act or omission, or a defence to a charge upon indictment, shall remain in force and apply to any defence to a charge upon indictment, except in so far as they are altered by, or are inconsistent with, the Code .
9. No remedy in tort for act declared lawful: Civil remedies for crime not suspended
(1) Where by the Code any act is declared to be lawful, no action shall be brought in respect thereof.(2) Except as aforesaid, the provisions of this Act shall not affect any right of action which any person would have had against another if this Act had not been passed; nor shall the omission from the Code of any penal provision in respect of any act or omission which, before the passing of this Act, constituted an actionable wrong affect any right of action in respect thereof.(3) No civil remedy for any act or omission shall be suspended by reason that such act or omission amounts to a criminal offence.
10. Saving of summary procedure at common law for contempt of court
Nothing in this Act shall affect the authority of courts of record to punish a person summarily for the offence commonly known as "contempt of court"; but no person shall be so punished and also punished under the provisions of the Code for the same act or omission.
11. Outlawry, attaint, and forfeiture abolished
(1) After the passing of this Act no proceedings in outlawry shall be taken, and no judgment of outlawry shall be pronounced, against any person.(2) No confession, verdict, inquest, conviction, or judgment of or for any treason, felony, or other crime, shall hereafter cause any attainder or corruption of blood or any forfeiture or escheat other than any fine or penalty imposed by the sentence of the Court.
[Section 12 Amended by 25 Geo. V No. 78 ][Section 12 Amended by No. 50 of 1977, s. 10 ][Section 12 Amended by No. 83 of 1987, s. 4 ](1) The judges may make Rules of Court prescribing all such matters and things as are required to be prescribed or as may be necessary or desirable for giving effect to the provisions of the Code ; and such rules may provide for all matters relating to procedure and practice on appeals to the Court of Criminal Appeal on questions reserved for the consideration and determination of that Court, or referred to that Court, pursuant to Chapter XLII of the Code, and in all proceedings before courts of trial, and all matters incidental thereto respectively.(2) This section does not authorize the making of provision by a Rule of Court of any matter for which provision may be made under section 12A .
[Section 12A Inserted by No. 50 of 1977, s. 10 ](1) [Section 12A Subsection (1) amended by No. 33 of 1982, s. 3 ]A majority of judges, one of whom shall be the Chief Justice, may give directions fixing the sittings of the judges exercising the criminal jurisdiction of the Supreme Court, and the sittings of that court as the Court of Criminal Appeal, and, in the exercise of their powers under this section, they may appoint the time, place, and purpose of any such sitting, and may cancel, postpone, or extend any sitting so appointed.(2) The Registrar shall cause any direction given under subsection (1) to be published in the Gazette.(2A) [Section 12A Subsection (2A) inserted by No. 33 of 1982, s. 3 ]Subject to this section and to any direction given under subsection (1) , the Supreme Court and the judges of the Court may sit and act at any place and at any time, whether in term or vacation or not, for the purpose of exercising any part of the criminal jurisdiction and business of the Court.(2B) [Section 12A Subsection (2B) inserted by No. 33 of 1982, s. 3 ]The jurisdiction of the Court of Criminal Appeal may be exercised so that –(a) sittings in that jurisdiction can be held at the same time and in the same place, or in difference places, as separate courts; and(b) sittings in that jurisdiction can be held at the same time as a sitting of the Full Court or of a judge or judges exercising the criminal or other jurisdiction of the Supreme Court (when not sitting as the Full Court or Court of Criminal Appeal).(2C) [Section 12A Subsection (2C) inserted by No. 33 of 1982, s. 3 ]Subject to this section and to any direction given under subsection (1) , the criminal jurisdiction of the Supreme Court may be exercised so that –(a) any 2 or more judges can sit at the same time and in the same place as one court or as separate courts, or at the same time and in different places as separate courts; and(b) sittings in that jurisdiction can be held at the same time as a sitting of the Court of Criminal Appeal, the Full Court, or the Supreme Court exercising its civil jurisdiction.(3) In this section, Chief Justice has the same meaning as it has for the purposes of the Supreme Court Civil Procedure Act 1932 .(3A) [Section 12A Subsection (3A) inserted by No. 33 of 1982, s. 3 ]For the purposes of this section, the criminal jurisdiction of the Supreme Court includes jurisdiction to deal with a person charged with an indictable offence who, in accordance with section 63 of the Justices Act 1959 , is committed to the Supreme Court for sentence.
13. Saving of prerogative of mercy
Nothing herein contained shall affect His Majesty's Royal prerogative of mercy.
SCHEDULE 1
PART I - Introductory
Chapter I - Interpretation
[Section 1 Amended by No. 33 of 1965, s. 2 ][Section 1 Amended by No. 30 of 1973, s. 2 ][Section 1 Amended by No. 71 of 1987, s. 3 ][Section 1 Amended by No. 61 of 1994, s. 4 ]In the Code, unless the contrary intention appears –aircraft includes any machine that can derive support in the atmosphere from the reactions of the air;chapter means chapter of the Code;claim of right means a claim of right which is made in good faith;company means a company incorporated in this State or elsewhere;[Section 1 Amended by No. 3 of 1999, s. 4, Applied:07 Apr 1999] contaminate, in respect of goods, includes –(a) interfere with the goods; and(b) making it appear that the goods have been contaminated or interfered with;crime means an offence punishable upon indictment;criminally responsible means liable to punishment as for an offence; and the term criminal responsibility means liability to punishment as for an offence;[Section 1 Amended by No. 70 of 2003, s. 4, Applied:15 Dec 2003] Crown means –(a) the Crown in right of Tasmania; or(b) the State of Tasmania;Crown Law Officer means the Attorney-General or Solicitor-General, or any person appointed by the Governor to institute or prosecute criminal proceedings in the Supreme Court;explosive substance means any article manufactured for the purpose of producing a practical effect by explosion or intended by the person having it with him for that purpose;[Section 1 Amended by No. 96 of 1995, s. 4, Applied:01 Dec 1999] female genital mutilation means –(a) a clitoridectomy; or(b) an excision of any other part of the female genital organs; or(c) an infibulation or similar procedure; or(d) any other mutilation of the female genital organs.[Section 1 Amended by No. 3 of 1999, s. 4, Applied:07 Apr 1999] goods includes any substance –(a) whether or not for human consumption; and(b) whether natural or manufactured; and(c) whether or not incorporated or mixed with other goods;grievous bodily harm means any bodily injury of such a nature as to endanger or be likely to endanger life, or to cause or be likely to cause serious injury to health;have in possession includes having under control in any place whatever, whether for the use or benefit of the person of whom the term is used or of another person, and although another person has the actual possession or custody of the thing in question;instigate means to counsel, procure, or command;judicial officer means a person having authority by law to hear and determine any question or matter or to hold any inquiry, and includes an arbitrator or umpire;night means the interval between 9 p.m. and 6 a.m. of the next day;offence means any breach of the law for which a person may be punished summarily or otherwise;offensive weapon includes anything that has the appearance of a firearm or a gun or pistol of any kind, whether capable of being discharged or not;owner means His Majesty or any other person or body of persons, corporate, or unincorporate, capable of owning property;[Section 1 Amended by No. 59 of 2001, s. 7, Applied:01 Jan 2002] penis includes a surgically constructed penis;[Section 1 Amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004]property includes everything animate or inanimate capable of being the subject of ownership;public officer means a person holding any public office, or who discharges any duty in which the public are interested, whether such person receives payment for his services or not;railway includes every kind of way on which vehicles are borne upon a rail or rails, whatever may be the means of propulsion;section means section of the Code;sexual intercourse means the penetration to the least degree of the vagina, genitalia, anus, or mouth by the penis and includes the continuation of sexual intercourse after such penetration;ship includes every kind of vessel used in navigation not propelled by oars;[Section 1 Amended by No. 59 of 2001, s. 7, Applied:01 Jan 2002] vagina includes a surgically constructed vagina;valuable security includes every document forming the title, or evidence of the title, to any property of any kind whatever;vessel includes a ship, or boat, and every other kind of vessel used in navigation;writing includes anything expressed in words, characters, or symbols, and intended to be read.
[Section 2 Amended by 25 Geo. V No. 43, s. 3 ](1) An attempt to commit a crime is an act or omission done or made with intent to commit that crime, and forming part of a series of events which if it were not interrupted would constitute the actual commission of the crime.(2) The offence of attempting to commit a crime may be committed, although the offender voluntarily desists from the actual commission of the crime itself, and whether under the circumstances it was possible to commit such crime or not.(3) The point at which such a series of events as aforesaid begins depends upon the circumstances of each particular case.(4) Whether an act or omission is, or is not, too remote to constitute an attempt to commit a crime is a question of law.
[Section 2A Inserted by No. 71 of 1987, s. 4 ](1) In the Code, unless the contrary intention appears, a reference to consent means a reference to a consent which is freely given by a rational and sober person so situated as to be able to form a rational opinion upon the matter to which the consent is given.(2) Without limiting the meaning that may otherwise be attributable to the expression "freely given", a consent is freely given where –(a) it is not procured by force, fraud, or threats of any kind;(b) it is not procured by reason of the person being overborne by the nature or position of another person; or(c) it is not given by a person so affected by liquor or drugs, or so otherwise affected, as to be incapable of forming a rational opinion upon the matter to which the consent is given.(3) Where a person, against whom a crime is alleged to have been committed under chapters XIV or XX , suffers grievous bodily harm as a result of, or in connection with, such a crime, the grievous bodily harm so suffered is prima facie evidence of the lack of consent on the part of that person.
Chapter II - Persons Subject to Punishment for a Crime
3. Which parties to crimes to be deemed principals in the first degree
(1) Where a crime is committed, each of the following persons is deemed to be a party to, and to be guilty of, the crime, and may be charged with actually committing it:(a) every person who actually commits the crime;(b) every person who does any act or makes any omission for the purpose of enabling or aiding another person to commit the crime;(c) every person who abets another person in committing the crime;(d) every person who instigates any other person to commit the crime.(2) Any person who instigates another to do any act or make any omission of such a nature that, if he had himself done the act or made the omission, the act or omission would have constituted a crime on his part, is guilty of the same crime as if he had himself done the act or made the omission; and may be charged with himself committing that crime.
4. Crimes committed in prosecution of common purpose
Where 2 or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purpose a crime is committed of such a nature that its commission was a probable consequence of the prosecution of such purpose, each of them is deemed to have committed the crime.
5. In case of instigators, mode of execution immaterial
Where a person instigates another to commit a crime, and a crime is actually committed after such instigation by the person instigated, it is immaterial whether the crime actually committed is the same as that instigated or not, or whether the crime is committed in the manner suggested or not; provided in either case that the facts constituting the crime actually committed are a probable consequence of carrying out the instigation. In any such case the instigator is deemed to have himself committed the crime actually committed.
6. Accessories after the fact: When wives and husbands not so
(1) A person who receives or assists another who is, to his knowledge, guilty of a crime, in order to enable him to escape punishment, is said to become an accessory after the fact to such crime.(2) A married woman does not become an accessory after the fact to a crime of which her husband is guilty, by receiving or assisting him in order to enable him to escape punishment; nor by receiving or assisting, in her husband's presence and by his authority, another person who is guilty of a crime in the commission of which her husband has taken part, in order to enable that other person to escape punishment; nor does a husband become accessory after the fact to a crime of which his wife is guilty by receiving or assisting her in order to enable her to escape punishment.
Chapter III - Application of Criminal Law
7. Effect of changes in statute law
[Section 8 Repealed by No. 43 of 1995, s. 10 ]. . . . . . . .(1) No person shall be punished as for a crime if at the time of his trial the act or omission with which he is charged no longer constitutes a crime.(2) If the law in force when a crime was committed differs from that in force at the time of the conviction therefor, the offender shall not be punished to any greater extent than was authorized by the former law, or than is authorized by the latter law.
9. Instigation in this State of crimes committed elsewhere
(1) Any person who in this State instigates another to do an act or make an omission outside this State, which act or omission would constitute a crime on his part both in this State, if done or made by him here, and in the place where it occurs, if done or made by him there – is guilty of the same crime as if he had himself done the act or made the omission in this State, but the punishment shall not exceed that provided by the law in force in the place where the act or omission was done or made.(2) No person shall be prosecuted under the provisions of this section except at the request of the Government of the State having jurisdiction where such act or omission is done or made.
Officers and men of the military and naval forces are at all times subject to the provisions of the Code.
11. Person not to be twice punished for same crime
Where a person is punishable under the Code, and also under any other statute, or under 2 or more sections of the Code or of any other statute, he may be tried and punished under the Code or such other statute or under either of such sections, as the case may be; but he shall not be punished twice in respect of the same act or omission, unless his act or omission renders him guilty of unlawfully causing the death of any person, and such death occurs after he has been once punished.
Chapter IV - Criminal Responsibility
The fact that an offender is ignorant of the law is not an excuse for any offence committed by him, but it may be relevant to the question whether or not an act or omission which would constitute an offence if accompanied by a certain intention or state of mind was in fact accompanied by that intention or state of mind.
(1) No person shall be criminally responsible for an act, unless it is voluntary and intentional; nor, except as hereinafter expressly provided, for an event which occurs by chance.(2) Except as otherwise expressly provided, no person shall be criminally responsible for an omission, unless it is intentional.(3) Any person who with intent to commit an offence does any act or makes any omission which brings about an unforeseen result which, if he had intended it, would have constituted his act or omission some other offence, shall, except as otherwise provided, incur the same criminal responsibility as if he had effected his original purpose.(4) Except where it is otherwise expressly provided, the motive by which a person is induced to do any act or make any omission is immaterial.
Whether criminal responsibility is entailed by an act or omission done or made under an honest and reasonable, but mistaken, belief in the existence of any state of facts the existence of which would excuse such act or omission, is a question of law, to be determined on the construction of the statute constituting the offence.
Every person is presumed to be of sound mind, and to have been of sound mind at any time which comes in question, until the contrary is proved.
(1) A person is not criminally responsible for an act done or an omission made by him –(a) when afflicted with mental disease to such an extent as to render him incapable of –(i) understanding the physical character of such act or omission; or(ii) knowing that such act or omission was one which he ought not to do or make; or(b) when such act or omission was done or made under an impulse which, by reason of mental disease, he was in substance deprived of any power to resist.(2) The fact that a person was, at the time at which he is alleged to have done an act or made an omission, incapable of controlling his conduct generally, is relevant to the question whether he did such act or made such omission under an impulse which by reason of mental disease he was in substance deprived of any power to resist.(3) A person whose mind at the time of his doing an act or making an omission is affected by a delusion on some specific matter, but who is not otherwise exempted from criminal responsibility under the foregoing provisions of this section, is criminally responsible for the act or omission to the same extent as if the fact which he was induced by such delusion to believe to exist really existed.(4) For the purpose of this section the term mental disease includes natural imbecility.
[Section 17 Amended by 10 Geo. VI No. 14, s. 2 ](1) The provisions of section 16 shall apply to a person suffering from disease of the mind caused by intoxication.(2) Evidence of such intoxication as would render the accused incapable of forming the specific intent essential to constitute the offence with which he is charged shall be taken into consideration with the other evidence in order to determine whether or not he had that intent.(3) Evidence of intoxication not amounting to any such incapacity as aforesaid shall not rebut the presumption that a person intends the natural and probable consequences of his acts.
[Section 18 Amended by No. 71 of 1987, s. 5 ](1) [Section 18 Amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] No act or omission done or made by a person under 10 years of age is an offence.(2) No act or omission done or made by a person under 14 years of age is an offence unless it be proved that he had sufficient capacity to know that the act or omission was one which he ought not to do or make.(3) A male person under 7 years of age is conclusively presumed to be incapable of having sexual intercourse.
A judicial officer is not criminally responsible for anything done or omitted to be done by him in good faith in the exercise of his judicial functions, although the act done is in excess of his judicial authority, or although he is bound to do the act omitted to be done.
[Section 20 Amended by No. 7 of 1994, s. 4 ](1) Except as provided by section 64 , compulsion by threats of immediate death or grievous bodily harm, from a person actually present at the commission of the offence, shall be an excuse for the commission, by a person subject to such threats, and who believes that such threats will be executed, and who is not a party to any association or conspiracy the being a party to which rendered him subject to compulsion, of any offence other than treason, murder, piracy, offences deemed to be piracy, attempting to murder, rape, forcible abduction, aggravated armed robbery, armed robbery, aggravated robbery, robbery, causing grievous bodily harm, and arson.(2) A married woman shall be in the same position as regards compulsion by her husband as if she were unmarried.
21. Execution of sentences, process, and warrants to arrest or detain declared lawful
(1) It is lawful for a person who is charged by law with the duty of executing or giving effect to the lawful sentence of a court, and for every person lawfully assisting him, to execute or give effect to that sentence.(2) It is lawful for a person who is charged by law with the duty of executing the lawful process of a court, and who is required to arrest or detain another person under such process, and for every person lawfully assisting a person so charged, to arrest or detain that other person according to the terms of the process.(3) It is lawful for a person who is charged by law with the duty of executing a lawful warrant issued by any court or justice or other person having jurisdiction to issue it, and who is required to arrest or detain another person under such warrant, and for every person lawfully assisting a person so charged, to arrest or detain that other person according to the directions of the warrant.
22. Erroneous sentence or process or warrant
If a sentence was passed or process issued by a court having jurisdiction under any circumstances to pass such a sentence or to issue such a process, or if a warrant was issued by a court or justice or other person having authority under any circumstances to issue such a warrant, it is immaterial whether the court or justice or person had or had not authority to pass the sentence or issue the process or warrant in the particular case, unless the person executing the same knows that the sentence or process or warrant was in fact passed or issued without authority.
23. Sentence or process or warrant without jurisdiction
A person who executes or assists in executing any sentence, process, or warrant which purports to be passed or issued by a court or justice or other person, and who would be justified in executing the same if it had been passed or issued by a court, justice, or person having authority to pass or issue it, is not criminally responsible for any act done in such execution, notwithstanding that the court or justice or person had no authority to pass the sentence or issue the process or warrant, if in such execution he acted in good faith and in the belief that the sentence, process, or warrant was that of a court or justice, or other person having such authority.
24. Arrest in good faith of wrong person
(1) A person who, being duly authorized to execute a warrant to arrest one person, arrests another person, believing in good faith and on reasonable grounds that the person arrested is the person named in the warrant, is not criminally responsible for doing so to any greater extent than if the person arrested had been the person named in the warrant.(2) Any person called upon to assist in any such arrest who assists therein, and any person required to receive and detain persons lawfully arrested who receives or detains such person, in the belief in any of such cases that such person is the person named in the warrant, is not criminally responsible to any greater extent than if the person arrested had been the person named in the warrant.
25. Irregular process or warrant
When any process or warrant is bad in law by reason of some defect in substance or in form apparent on the face of it, a person who, in good faith and believing that it is good in law, acts in the execution of the process or warrant, is not criminally responsible for anything done in such execution to any greater extent than if the process or warrant were good in law.
26. Force used in executing process or in arrest
(1) It is lawful for any person who is justified or protected in the execution of any sentence, process, or warrant, or in making an arrest, to use such force as may be reasonably necessary to overcome any force used in resisting such execution or arrest.(2) It is lawful for a person who is justified or protected from criminal responsibility in the execution of any sentence, process, or warrant, to cause such damage to property as he may believe in good faith and on reasonable grounds to be necessary for the purpose of effecting such execution.
[Section 27 Amended by No. 33 of 1965, s. 3 ](1) It is lawful for a police officer to arrest without warrant any person whom he finds committing a crime.(2) In any case where any of the crimes specified in Appendix A has been committed it is lawful for a police officer to arrest without warrant any person whom he believes on reasonable grounds to have committed such crime.(3) In any case where a police officer believes on reasonable grounds that any of the crimes specified in Appendix A has been committed it is lawful for him to arrest without warrant any person whom he believes on reasonable grounds to have committed such crime.(4) It is the duty of every person to arrest without warrant any person whom he finds committing any of the crimes in Appendix A .(5) In any case where any of the crimes specified in Appendix B has been committed it is lawful for any person to arrest without warrant any person whom he believes on reasonable grounds to have committed such crime.(6) It is lawful for any person to arrest without warrant any person whom he sees committing a breach of the peace or whom he believes on reasonable grounds to be about to commit or renew a breach of the peace.(7) It is lawful for any person who finds another lying or loitering in any place by night under such circumstances as to afford reasonable grounds for believing that he has committed, or is about to commit, a crime, and who does in fact so believe, to arrest him without warrant.(8) It is lawful for any person to arrest without warrant any person whom he believes on reasonable grounds to have committed a crime, and to be escaping from, and to be freshly pursued by, some person whom he believes on reasonable grounds to have authority to arrest him for that offence.(9) In every case under this section in which it is lawful for a police officer to arrest any person it is his duty to do so.(10) It is lawful for a police officer or the person in command of an aircraft to arrest without warrant on board that aircraft a person whom he finds committing, or attempting to commit, or whom he believes on reasonable grounds to have committed, or to have attempted to commit, a crime under Chapter XXXIA .(11) It is lawful for any person to assist the person in command of an aircraft to arrest without warrant any other person on board the aircraft unless he knows the arrest to be illegal.(12) [Section 27 Amended by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] The power of a police officer to arrest a person under this section is subject to the limits imposed on the power to arrest by section 24 of the Youth Justice Act 1997 .
28. Duty to assist police to make arrests
In any case where any person is called upon by a police officer to assist him in making an arrest it is the duty of such person to assist such officer therein, unless such person knows the arrest to be illegal.
29. Saving of statutory powers
[Section 29 Amended by 25 Geo. V No. 78 ]Nothing in the Code shall take away or diminish any authority given by any other statute to arrest, detain, or put restraint upon any person.
30. Police officer preventing escape from arrest
(1) Where a police officer is proceeding lawfully to arrest a person, with or without warrant, and the person sought to be arrested takes to flight in order to avoid arrest, it is lawful for the police officer, and for any person lawfully assisting him, to use such force as may be reasonably necessary to prevent the escape of the person sought to be arrested.(2) Where a police office has lawfully arrested any person, it is lawful for him to use such force as he believes on reasonable grounds to be necessary to prevent the escape or rescue of the person so arrested.(3) This section shall not authorize the use of force which is intended or is likely to cause death or grievous bodily harm, except in a case where the person sought to be arrested is suspected on reasonable grounds of having committed any of the crimes specified in Appendix B , nor until the person sought to be arrested has been called upon to surrender.
31. Other cases of preventing escape from arrest
(1) It is lawful for any person who is proceeding lawfully to arrest another person to use such force as may be reasonably necessary to prevent his escape.(2) This section shall not authorize the use of force which is intended or is likely to cause death or grievous bodily harm.
32. Preventing escape or rescue after arrest
[Section 33 Repealed by No. 30 of 1976, s. 9 ]. . . . . . . .(1) Where any person has lawfully arrested another person it is lawful for him to use such force as he believes on reasonable grounds to be necessary to prevent the escape or rescue of the person arrested.(2) This section shall not authorize the use of force which is intended or is likely to cause death or grievous bodily harm.
(1) It is lawful for any person to use such force as is necessary to suppress a riot, and is reasonably proportioned to the danger to be apprehended from the continuance of the riot.(2) It is lawful for a police officer to use such force as he believes on reasonable grounds to be necessary in order to suppress a riot, not being disproportioned to the danger which he believes on reasonable grounds is to be apprehended from the continuance of the riot.
35. Suppression of riot by magistrates and police officers
It is lawful for a sheriff or justice to use or order to be used such force as he believes on reasonable grounds to be necessary in order to suppress a riot, not being disproportioned to the danger which he believes on reasonable grounds is to be apprehended from the continuance of the riot.
36. Suppression of riot by person acting under lawful orders
(1) It is lawful for any person acting in good faith in obedience to an order, not manifestly unlawful, given by a sheriff or justice for the suppression of a riot, to use such force as he believes on reasonable grounds to be necessary for carrying such order into effect.(2) It is a question of law whether any particular order is manifestly unlawful or not.
37. Suppression of riot by person acting without order in case of emergency
Where any person, whether subject to military law or not, believes on reasonable grounds that serious mischief will arise from a riot before there is time to procure the intervention of a sheriff or justice, it is lawful for him to use such force as he believes on reasonable grounds to be necessary for the suppression of the riot, not being disproportioned to the danger which he believes on reasonable grounds is to be apprehended from the continuance of the riot.
38. Riot: Persons subject to military law
(1) It is lawful for a person who is bound by military law to obey the lawful commands of his superior officer to obey any command given him by such officer for the suppression of a riot, unless the command is manifestly unlawful.(2) It is a question of law whether any particular command is manifestly unlawful or not.
39. Prevention of certain crimes
It is lawful for any person to use such force as he believes on reasonable grounds to be necessary in order to prevent the commission of a crime, the commission of which would be likely to cause immediate and serious injury to any person or property, or in order to prevent any act being done which he believes on reasonable grounds would, if done, amount to any such crime.
39A. Detention, &c., of persons in aircraft
[Section 39A Inserted by No. 33 of 1965, s. 4 ](1) It is lawful for a police officer or the person in command of an aircraft, where he considers it necessary so to do in order to prevent the commission of a crime under Chapter XXXIA or to avoid danger to the safety of the aircraft or of persons on board the aircraft –(a) to place or keep a person who is on board the aircraft under restraint or in custody; and(b) if the aircraft is not in motion, to remove a person from the aircraft.(2) It is lawful for any person to assist a police officer or the person in command of an aircraft in the exercise of the powers conferred by subsection (1) .
[Section 39B Inserted by No. 33 of 1965, s. 4 ](1) If the person in command of an aircraft or a person authorized in writing in a particular case by a justice believes on reasonable grounds that an offence involving the safety of an aircraft has been, is being, or may be committed on board or in relation to an aircraft he may search or cause to be searched –(a) the aircraft and any person, luggage, or freight on board the aircraft; and(b) any person who is about to board the aircraft and any luggage or freight that is about to be placed on board the aircraft.(2) It is lawful for any person to assist the person in command of an aircraft or authorized in accordance with subsection (1) in the exercise of the powers conferred by that subsection.(3) Nothing in this section authorizes the search of a female otherwise than by a female.
It is lawful for any person who is in peaceable possession of a dwelling-house, and for any person lawfully assisting him or acting by his authority, to use such force as the person using the same believes on reasonable grounds to be necessary to prevent the forcible breaking and entering of the dwelling-house by any person whom he believes on reasonable grounds to be attempting to break or enter the dwelling-house with intent to commit any crime therein, or to eject therefrom any person who has unlawfully entered the dwelling-house, and whom he believes on reasonable grounds to intend to commit a crime therein.
41. Defence of premises against trespasses: Removal of disorderly persons
It is lawful for a person who is in peaceable possession of any land, structure, vessel, or place, or who is entitled to the control or management of any land, structure, vessel, or place, and for any person lawfully assisting him or acting by his authority, to use such force as the person using the same believes on reasonable grounds to be necessary to prevent any person from wrongfully entering upon such land, structure, vessel, or place, or to remove therefrom a person who wrongfully remains therein or conducts himself therein in a disorderly manner; provided that any such force is not intended and is not likely to cause death or grievous bodily harm.
42. Defence of possession of real property with claim of right
It is lawful for a person in peaceable possession of any land or structure, with a claim of right, and for any person lawfully assisting him or acting by his authority, to use such force as he believes on reasonable grounds to be necessary to defend his possessions against any person whether entitled by law to the possession of the property or not, provided that such force is not intended and is not likely to cause death or grievous bodily harm.
43. Defence of movable property against trespassers
It is lawful for any person in peaceable possession of any movable property, and for any person lawfully assisting him or acting by his authority, to use such force as he believes on reasonable grounds to be necessary to resist the taking of such property by a trespasser, or to retake it from a trespasser; provided that such force is not intended and is not likely to cause death or grievous bodily harm to the trespasser.
44. Defence of movable property with claim of right
It is lawful for a person in peaceable possession of any movable property under a claim of right, and for any person lawfully assisting him or acting by his authority, to use such force as is necessary to defend his possession of the property against any person whether entitled by law to possession thereof or not; provided that such force is not intended and is not likely to cause death or grievous bodily harm.
45. Retaking movable property under claim of right from person without claim of right
It is lawful for a person entitled by law to the possession of movable property to take it from a person who is in possession of the property, but who neither claims right to it nor acts by the authority of a person so claiming, and if the person in possession resists him, to use such force as is necessary to obtain possession of the property; provided that such force is not intended and is not likely to cause death or grievous bodily harm.
46. Self-defence and defence of another person
[Section 46 Substituted by No. 26 of 1987, s. 4 ]A person is justified in using, in the defence of himself or another person, such force as, in the circumstances as he believes them to be, it is reasonable to use.[Section 47 Repealed by No. 26 of 1987, s. 5 ]. . . . . . . . [Section 48 Repealed by No. 26 of 1987, s. 6 ]. . . . . . . . [Section 49 Repealed by No. 26 of 1987, s. 7 ]. . . . . . . .
[Section 50 Amended by No. 55 of 1999, s. 4, Applied:03 Nov 1999] It is lawful for a parent or a person in the place of a parent to use, by way of correction, any force towards a child in his or her care that is reasonable in the circumstances.
(1) It is lawful for a person to perform in good faith and with reasonable care and skill a surgical operation upon another person, with his consent and for his benefit, if the performance of such operation is reasonable, having regard to all the circumstances.(2) In the case of a child too young to exercise a reasonable discretion in such a matter, such consent as aforesaid may be given by his parent or by any person having the care of such child.(3) In the case of a person in such a condition as to be incapable of giving such consent as aforesaid, such operation may be performed without such consent.
A person authorized by law to use force is criminally responsible for any excess, according to the nature and quality of the act which constitutes such excess.
No person has a right to consent to the infliction –and any consent given in contravention hereof shall have no effect as regards criminal responsibility.(a) of death upon himself;(b) except as provided in section 51 , of an injury likely to cause death; or(c) of a maim for any purpose injurious to the public –
54. Liability of husband and wife for offences committed by either with respect to the other's property
[Section 54 Amended by No. 52 of 1981, s. 7 ](1) Except as provided in subsection (2) , no married person shall be convicted of any offence alleged to have been committed by him or her during cohabitation with respect to the property of the other spouse.(2) Every such person as aforesaid shall be criminally responsible for any offence committed with respect to any such property when leaving or deserting or about to leave or desert the other spouse; and for any offence committed with intent to defraud any person other than such spouse.(3) . . . . . . . .
55. Liability of married persons generally
Except as hereinbefore expressly provided, a married person incurs the same criminal responsibility in respect of his or her acts and omissions as if such person were unmarried.
PART II - Crimes Against Public Order
Chapter V - Treason and Other Crimes Against the Sovereign's Person and Authority
[Section 56 Amended by No. 77 of 1968, s. 3 ][Section 56 Amended by No. 96 of 1994, s. 3 ]Any person who –is guilty of a crime, which is called treason, and is liable to imprisonment for the term of the person's natural life or for such other term as the Court determines.(a) kills the King, or does him any bodily harm tending to his death, or maim or wounding, or imprisonment or restraint;(b) kills the eldest son and heir apparent for the time being, or the Queen Consort, of the King;(c) forms an intention to do any such act as aforesaid, and manifests such intention by any overt act;(d) conspires with any other person to kill the King, or to do him any bodily harm tending to his death, or maim or wounding, or imprisonment or restraint;(e) levies war against the King –(i) with intent to depose him from the style, honour, and royal name of the Imperial Crown of the United Kingdom of Great Britain and Ireland, or of any other of His Majesty's dominions;(ii) in order by force or constraint to compel the King to change his measures or counsels, or in order to put any force or constraint upon, or in order to intimidate or overawe, any House of Parliament of any of His Majesty's dominions;(f) conspires with any other person to levy war against the King with any such intent or purpose as last aforesaid;(g) instigates any foreigner to make an armed invasion of any part of His Majesty's dominions;(h) assists by any means whatever any public enemy at war with the King;(i) [Section 56 Amended by No. 17 of 1996, Applied:20 May 1998] violates, whether with her consent or not, a Queen consort, or the wife of the eldest son and heir apparent for the time being of the King; or(j) does any act which by the law of England constitutes treason –Charge: Treason.
57. Accessories after fact guilty of treason
Every person who is an accessory after the fact to treason shall be guilty of treason; but no such person shall be tried for knowingly comforting or receiving a traitor till such traitor has been convicted.
Any person who, knowing that any person has committed, or having reasonable grounds for believing that any person intends to commit, treason, does not give information thereof with all reasonable despatch to a justice, is guilty of a crime.Charge: Failing to give information of treason.
Any person who forms an intention to effect any of the following purposes:and manifests such intention by any overt act, is guilty of a crime.(a) to depose the King from the style, honour, and royal name of the Imperial Crown of the United Kingdom of Great Britain and Ireland, or of any other of His Majesty's dominions;(b) to levy war against the King within any part of his dominions in order by force or constraint to compel the King to change his measures or counsels, or in order to put any force or constraint upon, or in order to intimidate or overawe, any House of Parliament of any of His Majesty's dominions; or(c) to instigate any foreigner to make an armed invasion of any of His Majesty's dominions –Charge: Manifesting a treasonable intention.
60. Evidence of treason: Limitation of time in treason charges
(1) No one shall be convicted of treason (unless he pleads guilty) except upon the evidence of 2 witnesses to one overt act of the kind of treason with which he is charged, or upon the evidence of one witness to one such act and one other witness to another such act.(2) No one shall be liable to be indicted or tried for treason unless the indictment is filed within 3 years next after the crime was committed.(3) The provisions of this section shall apply only to treason other than by killing His Majesty, or cases where the overt act alleged is any attempt to injure his person in any manner whatever, every of which crimes may be proved by the like evidence as any other crime.
For the purposes of this chapter –shall be deemed to be an overt act manifesting such intention.(a) every act of conspiring with any person to effect any intention mentioned in this chapter;(b) every act done in furtherance of such purpose by any of the persons so conspiring;(c) the writing of any words expressive of such intention; and(d) the speaking of any such words if accompanied by or explanatory of any act in furtherance of such intention –
62. Inciting traitorous conduct
Any person who advisedly attempts to effect any of the following purposes:is guilty of a crime.(a) to seduce any person serving in His Majesty's forces by sea or land from his duty and allegiance to His Majesty;(b) to incite any such person to commit an act of mutiny or any traitorous or mutinous act; or(c) to incite any such person to make or endeavour to make a mutinous assembly, or to commit any traitorous or mutinous practice whatever –Charge: Inciting mutiny.
Chapter VI - Sedition: Libels on Foreign Powers
63. Unlawful oaths to commit crimes, &c.
Any person who –is guilty of a crime.(a) administers, or is present at and consents to the administering of, any oath or engagement in the nature of an oath, purporting to bind the person who takes it –(i) to commit any crime;(ii) to be of any association, society, or confederacy formed for the purpose of committing any crime;(iii) to obey the orders or commands of any committee or body of men not lawfully constituted, or of any leader or commander or other person not having authority by law to give such orders or commands;(iv) not to inform or give evidence against any associate, confederate, or other person; or(v) not to reveal or discover any unlawful association, society, or confederacy, or any illegal act done or to be done, or any illegal oath or engagement that may have been administered or tendered to, or taken by, himself or any other person, or the import of any such oath or engagement; or(b) takes any such oath or engagement, not being compelled to do so –Charge: Administering [or taking] [or being concerned in] an unlawful oath.
64. Compulsion: How far a defence
Compulsion shall not be a defence to the taking of any such oath or engagement as aforesaid, unless the accused, within 14 days after taking it, or, if he is prevented by actual force or sickness, within 14 days after the termination of such prevention, declares by information on oath before a justice, or, if he is on actual service in His Majesty's forces by sea or land, either by such information or by information to his commanding officer, the whole of what he knows concerning the matter, including the person or persons by whom and in whose presence, and the place where, and the time when, the oath or engagement was administered or taken.
(1) Any person who –is guilty of a crime.(a) without lawful authority trains or drills any other person to the use of arms or the practice of military exercises, movements, or evolutions;(b) is present at any meeting or assembly of persons held without lawful authority for the purpose of so training or drilling any other person;(c) at any such meeting or assembly as aforesaid is trained or drilled to the use of arms or the practice of military exercises, movements, or evolutions; or(d) is present at any such meeting or assembly for the purpose of being so trained or drilled –Charge: Unlawful drilling.(2) A prosecution for any of the crimes mentioned in this section shall be commenced within 6 months after the crime is committed.
66. Definition of seditious intention
(1) An intention to effect any of the following purposes:is a seditious intention.(a) to bring the Sovereign into hatred or contempt;(b) to excite disaffection against the Sovereign or the Constitution or Government of the United Kingdom, or of the Commonwealth, or of this State, as by law established; or against either House of Parliament of the United Kingdom, the Commonwealth, or this State, or against the administration of justice in the United Kingdom, the Commonwealth, or this State;(c) to excite His Majesty's subjects to attempt to procure otherwise than by lawful means the alteration of any matter affecting any such Constitution or Government as aforesaid;(d) to raise discontent or disaffection amongst His Majesty's subjects;(e) to promote feelings of ill-will and enmity between different classes of His Majesty's subjects –(2) An intention –is not a seditious intention within the meaning of this section.(a) to endeavour in good faith to show that the Sovereign has been mistaken in any of his Counsels;(b) to point out in good faith errors or defects in the Government or Constitution of the United Kingdom, the Commonwealth, or this State as by law established, or in the legislation or administration of justice in the United Kingdom, the Commonwealth, or this State, with a view to the reformation of such errors or defects;(c) to excite in good faith His Majesty's subjects to attempt to procure by lawful means the alteration of any such Constitution or Government or of any matter affecting the same; or(d) to point out in good faith, in order to their removal, any matters which are producing, or have a tendency to produce, feelings of ill-will and enmity between different classes of His Majesty's subjects –
67. Sedition: Limitation of time in charges
(1) Any person who –is guilty of a crime.(a) conspires with any person to carry into execution a seditious intention; or(b) knowingly publishes any words or writing expressive of a seditious intention –Charge: Sedition.(2) A prosecution for any of the crimes mentioned in this section shall be commenced within 6 months after the crime is committed.(3) No person shall be convicted of any crime under this section upon the testimony of one witness, unless the same is corroborated in some material particular by other evidence implicating the accused person.
(1) Any person who, without lawful justification, publishes any writing tending to degrade, revile, or expose to hatred or contempt the people or government of any foreign State, or any officer or representative thereof in high authority, is guilty of a crime.Charge: Libel on people [or Government] [or representative] of a foreign State.(2) A fair comment on a matter of public interest shall not amount to a crime under this section.
Chapter VII - Crimes Against the Executive and Legislative Power
69. Interference with Governor or Ministers
Any person who does any act intended to interfere with the free exercise by the Governor, or by any member of the Executive Council, or by a Minister of the Crown, of any of the duties or authorities of his office is guilty of a crime.Charge: Interfering with an executive officer.
70. Interference with Parliament: Unlawfully influencing Members
(1) Any person who, by force or fraud, or by threats or intimidation of any kind, interferes with the free exercise by either House of Parliament of its authority, or with the free exercise by any Member of either House of his duty or authority as such Member, is guilty of a crime.Charge: Interfering with Parliament.(2) Any person who, directly or indirectly, by fraud, or by threats or intimidation of any kind, influences a Member of either House of Parliament in the exercise of his duty or authority as such Member, or induces him to absent himself from the House or from any Parliamentary committee, is guilty of a crime.Charge: Unlawfully influencing a Member of Parliament.
71. Member of Parliament receiving bribes
Any person who, being a Member of either House of Parliament, solicits, receives, or obtains, or agrees to receive or obtain, any property or benefit of any kind for himself or any other person, upon any understanding that the exercise by him of his duty or authority as such Member shall be in any manner influenced or affected, is guilty of a crime.Charge: Receiving [or soliciting] a bribe as a Member of Parliament.
72. Bribery of Member of Parliament
Any person who, in order to influence a Member of either House of Parliament in his exercise of his duty or authority as such Member, or in order to induce him to absent himself from, the House or from any Parliamentary committee, gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, any property or benefit of any kind to, upon, or for such Member, or any other person, is guilty of a crime.Charge: Bribing [or offering to bribe] a Member of Parliament.
Chapter VIII - Unlawful Assemblies: Breaches of the Peace
73. Unlawful assembly: Lawful assembly becoming unlawful: Riot
(1) An assembly of 3 or more persons –is an unlawful assembly.(a) with an intent to effect any common purpose, lawful or unlawful, in such a manner that firm and courageous persons in the neighbourhood of such assembly have reasonable grounds for alarm;(b) with an intent to assist each other in resisting any person opposing the execution of the common purpose; and(c) who manifest such intentions as aforesaid in such a manner as to give firm and courageous persons in the neighbourhood of such assembly reasonable grounds to apprehend a breach of the peace –(2) Persons lawfully assembled may become an unlawful assembly if they form and manifest such intentions as aforesaid in manner aforesaid.(3) An unlawful assembly which has begun to put into execution the common purpose is a riot.
74. Taking part in unlawful assembly
Any person who takes part in an unlawful assembly is guilty of a crime.Charge: Taking part in an unlawful assembly.
Any person who takes part in a riot is guilty of a crime.Charge: Rioting.
(1) Whenever any persons, to the number of 12 or more, are riotously assembled, it is the duty of every sheriff and justice who has notice thereof to go amongst them, or as near as he can safely come to them, and to command or cause to be commanded with a loud voice that silence be kept while the proclamation next hereinafter mentioned is made, and then openly and with a loud voice to make proclamation, or cause proclamation to be made, in these words, or to the like effect;"Our Sovereign Lord the King charges and commands all you persons here assembled immediately to disperse yourselves and peaceably to depart to your habitations or to your lawful business, failing which you will be guilty of a crime, and will be liable to be imprisoned. God Save the King!"(2) The performance of such duty as aforesaid by any one of the persons above mentioned shall absolve the others of them from responsibility therefor.
77. Opposing riot proclamation: Disobeying riot proclamation: Limitation of time for prosecution
(1) Any person who wilfully, and by force, obstructs or hurts any person who goes to make, or begins to make, any such proclamation, is guilty of a crime.Charge: Opposing the making of a riot proclamation.(2) All persons who –are guilty of a crime.(a) being riotously assembled, continue together to the number of 12 or more, and do not disperse themselves within the space of one hour after the making of the proclamation; or(b) being so assembled, in any case where the making of such proclamation has been prevented, and who, knowing of such prevention, continue together to the number of 12 or more, and do not disperse themselves within the space of one hour after the time of such prevention –Charge:(a) Disobeying a riot proclamation.(b) Knowing that the making of a riot proclamation has been prevented, failing to disperse.(3) No person shall be prosecuted under the provisions of this section unless such prosecution is commenced within 12 months after the crime is committed.
Any person who goes armed in public without lawful occasion in such a manner as to alarm the public is guilty of a crime.Charge: Being unlawfully armed in public.
79. Forcible entry and detainer
(1) Any person who without lawful authority enters in a violent manner, whether by actual force or by such a show of force as to deter opposition, any lands or tenements in the peaceable possession of another, for the purpose of taking possession thereof, whether or not he has a right of entry thereto, is guilty of a crime.Charge: Forcible entry.(2) Any person who having wrongfully entered any lands or tenements detains the same in manner aforesaid is guilty of a crime.Charge: Forcible detainer.
(1) An affray is the fighting of 2 or more persons in any public place to the terror of His Majesty's subjects.(2) Every person who takes part in an affray is guilty of a crime.Charge: Taking part in an affray.
(1) Any person who takes part in a duel is guilty of a crime.Charge: Duelling.(2) Any person who challenges another to fight a duel, or provokes another to fight or to challenge another to fight a duel, is guilty of a crime.Charge: Inciting to duelling.
(1) Any person who fights in a prize fight, or subscribes to or promotes or encourages a prize fight, is guilty of a crime.Charge: Taking part [or being concerned] in a prize fight.(2) A boxing contest or exhibition which is held with the consent of the Commissioner of Police shall not be deemed to be a prize fight.
Chapter IX - Corruption and Abuse of Office
83. Corruption of public officers
Any person who –is guilty of a crime.(a) being a public officer, corruptly solicits, receives, or obtains, or agrees to receive or obtain, any property or benefit of any kind for himself or any other person on account of anything done or omitted, or to be done or omitted, by him in or about the discharge of the duties of his office; or(b) corruptly gives, confers, or procures, or promises or offers to give, confer, or procure, or attempt to procure, to, upon, or for any public officer, or any other person, any property or benefit of any kind on account of anything done or omitted, or to be done or omitted, by such officer in or about the discharge of the duties of his office –Charge:(a) Official corruption.(b) Bribery of a public officer.
84. Extortion by public officers: Oppression
(1) Any public officer who, under colour of office and otherwise than in good faith, demands, takes, or accepts from any person for the performance of his duty as such officer, any reward beyond his proper pay and emoluments, is guilty of a crime.Charge: Extortion as a public officer.(2) Any public officer who, in the exercise or under colour of exercising his office, wilfully and unlawfully inflicts upon any person any bodily harm, imprisonment, or other injury is guilty of a crime.Charge: Oppression.
85. Public officers interested in contracts
(1) Any public officer who knowingly holds, directly or indirectly, any personal interest in any contract made by or on behalf of the Government of this State concerning any public matter is guilty of a crime.Charge: Being interested in a contract as a public officer.(2) A person is not deemed to be interested in any such contract as aforesaid because he is a shareholder in a company of more than 20 members which is a party thereto, unless he is a director of such company.
Any person appointed to act as a valuator or arbitrator to determine the value of any land, or of any injury done to any property who –is guilty of a crime.(a) having to his knowledge any substantial interest in such property acts as such valuator or arbitrator without disclosing the fact that he holds such interest to the person appointing him; or(b) acts corruptly or dishonestly as such valuator or arbitrator –Charge: Dishonest dealing as a valuator [or as an arbitrator].
87. False statutory certificates
Where by any statute any person is authorized or required to certify to any fact, any such person who gives a certificate which to his knowledge is false in any material particular is guilty of a crime.Charge: Giving a false certificate.
88. Administering extra-judicial oaths
[Section 88 Amended by No. 80 of 2001, Sched. 1, Applied:01 Jul 2002] Any person who knowingly and unlawfully administers any oath or takes any declaration or affirmation in contravention of the Evidence Act 2001 and the Oaths Act 2001 , is guilty of a crime.Charge: Unlawfully administering an oath [or taking a declaration or affirmation].
PART III - Crimes Concerning the Administration of Law and Justice and Against Public Authority
Chapter X - Crimes Relating to the Administration of Justice
89. Definition of judicial proceeding
In this chapter the term judicial proceeding means any proceeding before any court, tribunal, or person having by law power to hear, receive, and examine evidence on oath.
(1) Any person who –is guilty of a crime.(a) being a judicial officer, corruptly solicits, receives, or obtains, or agrees to receive or obtain, any property or benefit of any kind for himself or any other person on account of anything done or omitted, or to be done or omitted, by him in his judicial capacity; or(b) corruptly gives, confers, or procures, or promises or offers to give, confer, procure, or attempt to procure, to, upon, or for any judicial officer, or any other person, any property or benefit of any kind on account of anything done or omitted, or to be done or omitted, by such judicial officer –Charge: Judicial corruption.(2) No person shall be prosecuted under subsection (1) (a) , without the consent in writing of the Attorney-General.
91. Official corruption, not judicial but relating to offences
Any person who –is guilty of a crime.(a) being a public officer employed in an administrative capacity for the detection, prosecution, detention, or punishment of offenders, corruptly solicits, receives, or obtains, or agrees to receive or obtain, any property or benefit of any kind for himself or any other person, on account of anything done or omitted, or to be done or omitted, by him, contrary to his duty as such officer; or(b) corruptly gives, confers, or procures, or promises or offers to give, confer, procure, or attempt to procure, to, upon, or for any such officer as aforesaid, or any other person, any property or benefit of any kind on account of anything done or omitted, or to be done or omitted, by such officer as aforesaid –Charge:(a) Corruption as an officer of justice.(b) Bribing [or offering a bribe to] an officer of justice.
[Section 92 Amended by 25 Geo. V No. 78 ](1) Any person who, without reasonable justification or excuse, assists, or promises or agrees to assist, another by any means (other than the giving of lawful evidence) in any action or proceeding in a court of law in which the person so assisting has no concern or valuable interest, is guilty of a crime.Charge: Maintenance.(2) In any proceedings under this section it shall be a defence to show that the act alleged to have been done was done in good faith, either for the purpose of assisting a person whom the accused believed on reasonable grounds to be in need of such assistance, or for any purpose which the accused believed on reasonable grounds to be for the public good.(3) The fact that the relationship of close personal friendship or near kinship existed between the accused and the person assisted shall, if proved, be taken into account in determining the question whether the act alleged to have been done by the accused was or was not done in good faith.
93. Corrupting or threatening jurors
Any person who –is guilty of a crime.(a) by any means whatever, except the production of evidence and argument in open court, influences any juryman, whether he has been sworn or not, in any judicial proceeding, whether a verdict is given or not;(b) does or threatens any injury, or causes or threatens any detriment of any kind, to any person on account of anything done by him as a juror in any judicial proceeding, or for the purpose of influencing him as such juror; or(c) accepts, or agrees to accept, any benefit on account of anything done or to be done by him as a juror in any judicial proceeding, whether he has been sworn as a juror or not –Charge: Embracery.
[Section 94 Amended by 15 Geo. V No. 34, s. 2 ](1) Any person lawfully sworn as a witness, or as an interpreter, in a judicial proceeding, who wilfully makes a statement which he knows to be false or does not believe to be true, is guilty of a crime.Charge: Perjury.(2) For the purposes of this section a statement is deemed to be made in a judicial proceeding if it is made on oath for the purposes of any such proceeding, whether before or after the same is commenced, before a person authorized by law to administer such oath and to record or authenticate such statement.(3) A statement made by a person lawfully sworn in this State for the purposes of a judicial proceeding –shall be deemed to be made in a judicial proceeding in this State.(a) in any other part of His Majesty's dominions;(b) in any lawfully constituted British tribunal in any place by sea or land outside His Majesty's dominions; or(c) in a tribunal of any foreign State –(4) . . . . . . . .(5) It is immaterial whether the court or tribunal in which a judicial proceeding was pending was properly constituted, or was held in the proper place, or not, if it acted as a court or tribunal in the proceeding in which the statement was made.(6) It is immaterial whether the person who made the statement was a competent witness or not, or whether the statement was admissible as evidence in the proceeding or not.
[Section 95 Amended by 15 Geo. V No. 34, s. 2 ]Any person who –is guilty of a crime.(a) being required or authorized by law to make any statement on oath for any purpose, and being lawfully sworn, wilfully makes a statement which he knows to be false, or does not believe to be true; or(b) wilfully uses any false affidavit or statutory declaration for any purpose for which the use of an affidavit or statutory declaration is authorized by any statute –Charge:(a) False swearing.(b) Using false affidavit [or declaration].
96. Evidence on charge of perjury, &c.
No person shall be convicted of any crime under the provisions of section 94 or section 95 solely upon the evidence of one witness as to the falsity of any statement alleged to be false.
Any person who, with intent to mislead a judicial tribunal –is guilty of a crime.(a) fabricates evidence in any manner whatever; or(b) knowingly makes use of fabricated evidence –Charge:(a) Fabricating evidence.(b) Using fabricated evidence.
Any person who –is guilty of a crime.(a) solicits, receives, or obtains, or agrees to receive or obtain, any property or benefit of any kind for himself or any other person, in consideration for any agreement or understanding that any person shall as a witness in any judicial proceeding give false evidence; or(b) gives, confers, or procures, or offers to give, confer, procure, or attempt to procure, any property or benefit of any kind to, upon, or for any person, as a consideration for any agreement or understanding that any person called or to be called as a witness in any judicial proceeding shall give false evidence –Charge:(a) Corruption with regard to a witness.(b) Corrupting a witness.
Any person who, with intent to mislead any tribunal in any judicial proceeding, or to pervert or defeat the course of justice, wilfully destroys, alters, or conceals any evidence, or anything likely to be required as evidence in any judicial proceeding, is guilty of a crime.Charge: Suppressing evidence.
100. Interfering with witnesses
[Section 100 Amended by No. 63 of 2001, s. 4, Applied:19 Sep 2001] Any person who –is guilty of a crime.(a) with intent to pervert or obstruct the due course of justice, wilfully prevents, obstructs or dissuades another person from attending as a witness at a judicial proceeding, or from giving any evidence or producing anything to be used as evidence at a judicial proceeding; or(b) uses, causes, inflicts, procures or threatens any violence, punishment, damage, loss or disadvantage to another person for or on account of –(i) that other person having given evidence at a judicial proceeding or produced or surrendered any document or thing at a judicial proceeding; or(ii) any evidence given by that other person at a judicial proceeding or any document or thing produced or surrendered by that other person at a judicial proceeding –Charge: Interfering with a witness.
101. Falsifying evidence as a shorthand writer
[Section 101 Amended by No. 80 of 2001, Sched. 1, Applied:01 Jul 2002] Any shorthand writer who–is guilty of a crime.(a) wilfully falsifies or incorrectly records any evidence, ruling, direction, or summing up which it is his duty to take down or record;(b) permits any person to falsify any such thing or any transcript thereof; or(c) wilfully certifies as correct any note or transcript of any such thing which is false in any material particular–Charge: Falsifying evidence as a shorthand writer.
(1) Any person who solicits, receives, or obtains, or agrees to receive or obtain, any property or benefit of any kind for himself or any other person, as a consideration for any agreement or understanding that he will compound or conceal a crime, or will abstain from, discontinue, or delay a prosecution for a crime, is guilty of a crime.Charge: Compounding a crime.(2) This section shall not apply to any case of common assault or defamation of a private person, or to any case where the court in which any proceedings have been taken in respect of the crime compounded shall have sanctioned any such agreement as aforesaid.
103. Compounding penal actions
Any person who, having brought, or under pretence of bringing, an action against another person upon a penal statute for the recovery of a penalty, compounds the action without the order or consent of the court in which the action is brought, is guilty of a crime.Charge: Compounding a penal action.
104. Bringing fictitious action on penal statute
Any person who, in the name of a fictitious plaintiff, or in the name of a real person but without his authority, brings an action against another person upon a penal statute for the recovery of a penalty, is guilty of a crime.Charge: Bringing a fictitious action on a penal statute.
Any person who does any act or makes any omission with intent in any way whatever to obstruct, prevent, pervert, or defeat the due course of justice or the administration of the law, is guilty of a crime.Charge: Perverting justice.
Chapter XI - Escape[Chapter XI of Part III Substituted by No. 77 of 1983, s. 3 ]
[Section 106 Substituted by No. 77 of 1983, s. 3 ][Section 106 Amended by No. 35 of 2002, s. 4, Applied:14 Nov 2002] In this Chapter, lawful custody includes custody or detention pursuant to any of the following:(a) lawful arrest;(b) a person surrendering to his bail;(c) an order for remand, a conviction, or a sentence of imprisonment;(d) [Section 106 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] [Section 106 Amended by No. 32 of 1996, Sched. 1, Applied:01 Nov 1999] [Section 106 Amended by No. 35 of 2002, s. 4, Applied:14 Nov 2002] a restriction order made under Part 4 of the Criminal Justice (Mental Impairment) Act 1999 ;(da) [Section 106 Amended by No. 35 of 2002, s. 4, Applied:14 Nov 2002] a continuing care order made under section 23(d) or section 27(d) of the Criminal Justice (Mental Impairment) Act 1999 ;(e) [Section 106 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] [Section 106 Amended by No. 35 of 2002, s. 4, Applied:14 Nov 2002] a declaration made under section 19 of the Sentencing Act 1997 ;(f) [Section 106 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] [Section 106 Amended by No. 35 of 2002, s. 4, Applied:14 Nov 2002] an assessment order made under section 72 of the Sentencing Act 1997 ;(g) [Section 106 Amended by No. 35 of 2002, s. 4, Applied:14 Nov 2002] a continuing care order made under section 75(1) of the Sentencing Act 1997 ;(h) [Section 106 Amended by No. 35 of 2002, s. 4, Applied:14 Nov 2002] a restriction order made under section 75(1) of the Sentencing Act 1997 .
[Section 107 Substituted by No. 77 of 1983, s. 3 ]A person who escapes from lawful custody is guilty of a crime.Charge: Escape from lawful custody.
108. Aiding escape: harbouring of persons unlawfully at large
[Section 108 Substituted by No. 77 of 1983, s. 3 ][Section 109 Repealed by No. 77 of 1983, s. 3 ]. . . . . . . .(1) A person who –is guilty of a crime.(a) conveys anything, or causes anything to be conveyed –with intent to aid the escape of that person;(i) into a place where a person is in lawful custody; or(ii) to a person who is in lawful custody at any place –(b) intentionally or recklessly aids or allows a person to escape from lawful custody; or(c) harbours, maintains, or employs a person who, having escaped from lawful custody, is unlawfully at large –Charge:(a) Aiding escape from lawful custody.(b) Aiding escape from lawful custody.(c) Harbouring.(2) In any proceedings in respect of a charge under subsection (1) , it shall be presumed, until the contrary is proved, that the custody of the person charged was lawful.(3) It is a defence to a charge of harbouring to prove that the person charged did not know that the person harboured, maintained, or employed had escaped from lawful custody and was unlawfully at large.
Chapter XII - Miscellaneous Crimes Against Public Authority
110. Disclosure of official secrets
Any public officer who discloses (except to some person to whom he is authorized to publish or communicate the same) any fact which comes to his knowledge, or the contents of any document which comes to his possession, by virtue of his office and which it is his duty to keep secret, is guilty of a crime.Charge: Disclosing official secrets.
111. Bargaining for public offices
Any person who –[Section 112 Repealed by No. 9 of 1989, s. 4 ]. . . . . . . .is guilty of a crime.(a) corruptly solicits, receives, or obtains, or agrees to receive or obtain, any property or benefit of any kind for himself or any other person on account of anything done or omitted, or to be done or omitted, by him or any other person with regard to the appointment of any person to any public office, or the employment of any person as a public officer, or with regard to any application by any person for appointment or employment as aforesaid; or(b) corruptly gives, confers, or procures, or promises or offers to give, confer, procure, or attempt to procure, to, upon, or for any person any property or benefit of any kind on account of anything done or omitted, or to be done or omitted, as aforesaid –Charge: Bargaining for a public office.
113. False statutory declarations and other false statements
[Section 113 Amended by 25 Geo. V No. 78 ](1) Any person who wilfully makes a statement false in a material particular, if the statement is made –shall be guilty of a crime.(a) in a statutory declaration;(b) in an abstract, account, balance-sheet, book, certificate, declaration, entry, estimate, inventory, notice, report, return, or other document which he is authorized or required to make, attest, or verify by any public general Act; or(c) in any oral declaration or oral answer which he is required to make by, under, or in pursuance of any public general Act –Charge: Making a false declaration [or statement].(2) No person shall be convicted under the provisions of this section solely upon the evidence of one witness as to the falsity of any statement alleged to be false.
114. Resisting public officers: Resisting lawful apprehension
(1) Any person who assaults, resists, or wilfully obstructs any police officer in the due execution of his duty, or any other person lawfully assisting him therein, is guilty of a crime.Charge: Assaulting [or obstructing] a police officer.(2) Any person who assaults, resists, or wilfully obstructs any person lawfully arresting or about to arrest any person is guilty of a crime.Charge: Resisting lawful apprehension.
115. Omission by public officer to perform duty
(1) Any public officer who wilfully and without lawful excuse omits to do any act which it is his duty to do as such officer is guilty of a crime.(2) No person shall be prosecuted under this section without the consent in writing of the Attorney-General.Charge: Omitting to perform duty as a public officer.
116. Neglect to aid in suppressing riot
Any person who, having reasonable notice that he is required to assist any sheriff, justice, or police officer in suppressing a riot, omits without reasonable excuse so to do, is guilty of a crime.Charge: Neglecting to aid in suppressing a riot.
117. Neglect to aid in arresting offenders
Any person who, having reasonable notice that he is required to assist any sheriff, justice, or police officer in arresting any person, or in preserving the peace, omits, without reasonable excuse, so to do, is guilty of a crime.Charge: Neglecting to aid in the arrest of an offender [or preserving the peace].
118. Disobedience to lawful authority
(1) Any person who, without lawful excuse, disobeys any order, warrant, or command duly made, issued, or given by any court, officer, or person acting in any public capacity and duly authorized in that behalf, is guilty of a crime.Charge: Disobedience to lawful authority.(2) Where by any statute any such disobedience as aforesaid is in any particular case expressly made punishable as in such statute provided, no proceedings in respect thereof shall be taken under this section.
PART IV - Acts Injurious to the Public in General
Chapter XIII - Crimes Relating to Religion
(1) Any person who, by words spoken or intended to be read, wilfully publishes a blasphemous libel is guilty of a crime.Charge: Blasphemy.(2) The question whether any matter so published is or is not blasphemous is a question of fact.(3) It is not an offence under this section to express in good faith and in decent language, or to attempt to establish by arguments used in good faith and conveyed in decent language, any opinion whatever upon any religious subject.(4) No person shall be prosecuted under this section without the consent in writing of the Attorney-General.
120. Interfering with an officiating minister
Any person who –is guilty of a crime.(a) by threats or force obstructs or prevents any minister of religion in or from lawfully officiating in any place of religious worship, or in or from performing his duty in the lawful burial of the dead in any cemetery or other burial place; or(b) upon any civil process, or under the pretence of executing any civil process, arrests any minister of religion who is engaged in, or is, to the knowledge of the offender, about to engage in, any of the offices or duties aforesaid, or who is, to the knowledge of the offender, going to perform the same or returning from the performance thereof –Charge: Interfering with an officiating minister.
121. Disturbing religious worship
Any person who wilfully and without lawful justification or excuse disquiets or disturbs any meeting lawfully assembled for religious worship, or in any way disturbs, molests, or misuses any preacher, teacher, or person lawfully officiating at such meeting, is guilty of a crime.Charge: Disturbing religious worship.
Chapter XIV - Crimes Against Morality
[Section 122 Amended by No. 71 of 1987, s. 6 ][Section 122 Amended by No. 12 of 1997, s. 4, Applied:14 May 1997] Any person who has sexual intercourse with an animal is guilty of a crime.[Section 123 Amended by No. 12 of 1997, s. 5, Applied:14 May 1997] . . . . . . . .Charge: Unnatural sexual intercourse.
124. Sexual intercourse with young person
[Section 124 Substituted by No. 71 of 1987, s. 7 ](1) Any person who has unlawful sexual intercourse with another person who is under the age of 17 years is guilty of a crime.Charge: Sexual intercourse with a young person under the age of 17 years.(2) It is a defence to a charge under this section to prove that the accused person believed on reasonable grounds that the other person was of or above the age of 17 years.(3) The consent of a person against whom a crime is alleged to have been committed under this section is a defence to such a charge only where, at the time the crime was alleged to have been committed –(a) that person was of or above the age of 15 years and the accused person was not more than 5 years older than that person; or(b) that person was of or above the age of 12 years and the accused person was not more than 3 years older than that person.(4) [Section 124 Amended by No. 12 of 1997, s. 6, Applied:14 May 1997] This section is to be taken to be in force from 4 April 1924.(5) [Section 124 Amended by No. 12 of 1997, s. 6, Applied:14 May 1997] Subsection (3) is not a defence to a charge under this section in the case of anal sexual intercourse.(6) [Section 124 Amended by No. 12 of 1997, s. 6, Applied:14 May 1997] Nothing in subsection (4) impugns or otherwise affects the lawfulness of a conviction arising from conduct that occurred before the commencement of the Criminal Code Amendment (Sexual Offences) Act 1987 .
125. Person permitting unlawful sexual intercourse with young person on premises
[Section 125 Substituted by No. 71 of 1987, s. 8 ]Any person who –and who induces or knowingly permits any person under the age of 17 years to be in or upon the premises for the purposes of having unlawful sexual intercourse with another person is guilty of a crime.(a) is the owner or occupier of any premises; or(b) has, or acts or assists in, the management or control of any premises –Charge: Permitting unlawful sexual intercourse with a young person on premises.
125A. Maintaining sexual relationship with young person
[Section 125A Inserted by No. 72 of 1994, s. 4 ](1) [Section 125A Amended by No. 83 of 2001, s. 4, Applied:17 Dec 2001] [Section 125A Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] In this section, unlawful sexual act means an act that constitutes an offence under section 124 , 126 , 127 , 127A , 133 or 185 whether committed before, on or after the commencement of this section.(2) A person who maintains a sexual relationship with a young person who is under the age of 17 years, and to whom he or she is not married, is guilty of a crime.Charge: Maintaining a sexual relationship with a young person under the age of 17 years.(3) An accused person is guilty of having committed an offence under subsection (2) if, during a particular period when the young person was under the age of 17 years –(a) the accused committed an unlawful sexual act in relation to the young person on at least 3 occasions; and(b) the young person was not married to the accused.(4) For the purposes of subsection (3) –(a) it is not necessary to prove the dates on which any of the unlawful sexual acts were committed or the exact circumstances in which any of the unlawful sexual acts were committed; and(b) the unlawful sexual act that was committed on any one of the occasions need not have been the same as the unlawful sexual act that was committed on each or any of the other occasions.(5) It is a defence to a charge under subsection (2) to prove that the accused person believed on reasonable grounds that the young person was of or above the age of 17 years.(6) An indictment charging a person with having committed an offence under subsection (2) –(a) is to specify the particular period during which it is alleged that the sexual relationship between the accused and the young person was maintained; and(b) is not to contain a separate charge that the accused committed an unlawful sexual act in relation to the young person during that period.(7) A prosecution for an offence under this section is not to be commenced without the written authority of the Director of Public Prosecutions.
125B. Indecent act with young person
[Section 125B Amended by No. 83 of 2001, s. 4, Applied:17 Dec 2001](1) Any person who does any indecent act with, or directed at, another person who is under the age of 17 years is guilty of a crime.Charge: Indecent act with or directed at a young person under the age of 17 years.(2) It is a defence to a charge under this section to prove that the accused person believed on reasonable grounds that the other person was of or above the age of 17 years.(3) The consent of a person against whom a crime is alleged to have been committed under this section is a defence to such a charge only where, at the time the crime was alleged to have been committed –(a) that person was of or above the age of 15 years and the accused person was not more than 5 years older than that person; or(b) that person was of or above the age of 12 years and the accused person was not more than 3 years older than that person.
126. Sexual intercourse with person with mental impairment
[Section 126 Substituted by No. 71 of 1987, s. 9 ][Section 126 Amended by No. 32 of 1996, Sched. 1, Applied:01 Nov 1999] [Section 126 Amended by No. 83 of 2001, s. 4, Applied:17 Dec 2001](1) Any person responsible for the care of a person with a mental impairment who has sexual intercourse with that person is guilty of a crime.Charge: Sexual intercourse with a person with a mental impairment.(2) It is a defence to a charge under this section to prove that –(a) at the time of the act –(i) the person with the mental impairment consented to the act; and(ii) the giving of that consent was not unduly influenced by the fact that the person was responsible for the care of the person with the mental impairment; or(b) [Section 126 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] at the time of the act, the person was married to, or was in a significant relationship, within the meaning of the Relationships Act 2003 , with, the person with the mental impairment.(3) For the purpose of this section, a person is responsible for the care of a person with a mental impairment if the person provides medical, nursing, therapeutic or educative services to the person with a mental impairment in connection with that mental impairment.(4) In this section –mental illness has the same meaning as in the Mental Health Act 1996 ;mental impairment means senility, intellectual disability, mental illness or brain damage.
[Section 127 Amended by No. 71 of 1987, s. 10 ][Section 127 Amended by No. 6 of 1974, s. 4 ](1) Any person who unlawfully and indecently assaults another person is guilty of a crime.Charge: Indecent assault.(2) In any case in which it is provided that the consent of a person to the act charged shall be a defence to a charge under section 124 , the like consent to an act charged under this section given under the like conditions as to the age of the parties shall be a defence to a charge under this section.(3) Except as hereinbefore provided, the consent of a person under 17 years of age shall be no defence to a charge under this section.(4) [Section 127 Amended by No. 12 of 1997, s. 7, Applied:14 May 1997] This section is to be taken to be in force from 4 April 1924.(5) [Section 127 Amended by No. 12 of 1997, s. 7, Applied:14 May 1997] Nothing in subsection (4) impugns or otherwise affects the lawfulness of a conviction arising from conduct that occurred before the commencement of the Criminal Code Amendment (Sexual Offences) Act 1987 .
127A. Aggravated sexual assault
[Section 127A Inserted by No. 71 of 1987, s. 11 ][Section 127A Amended by No. 61 of 1994, s. 5 ](1) A person who unlawfully and indecently assaults another person by the penetration to the least degree of the vagina, genitalia or anus of that other person by –is guilty of a crime.(a) any part of the human body other than the penis; or(b) an inanimate object –Charge: Aggravated sexual assault.(2) In any case where it is provided that the consent of a person to the act charged shall be a defence to a charge under section 124 , the like consent to an act charged under this section given under the like conditions as to the age of the parties shall be a defence to a charge under this section.(3) Except as provided by subsection (2) , the consent of a person under 17 years shall be no defence to a charge under this section.
[Section 128 Amended by No. 6 of 1974, s. 5 ][Section 128 Amended by No. 71 of 1987, s. 12 ]Any person who –is guilty of a crime.(a) . . . . . . . .(b) procures another person to become a common prostitute, either in this State or elsewhere;(c) procures another person to leave this State with intent that such a person may become an inmate of, or frequent, a brothel elsewhere; or(d) procures another person to leave that person's usual place of abode in this State, such place not being a brothel, with intent that such a person may for the purposes of prostitution become an inmate of, or frequent, a brothel, either in this State or elsewhere –Charge: Procuration.
129. Procuring by threats, fraud, or drugs
[Section 129 Amended by No. 71 of 1987, s. 13 ]Any person who –[Section 130 Repealed by No. 71 of 1987, s. 14 ]. . . . . . . . [Section 131 Amended by No. 83 of 2001, s. 4, Applied:17 Dec 2001] . . . . . . . . [Section 132 Repealed by No. 71 of 1987, s. 15 ]. . . . . . . .is guilty of a crime.(a) by threats or intimidation of any kind procures another person to have unlawful sexual intercourse, either in this State or elsewhere;(b) by any false pretence or false representation procures another person to have unlawful sexual intercourse, either in this State or elsewhere; or(c) administers, or causes another person to take, any drug or other thing with intent to stupefy or overpower that person in order to enable any other person to have sexual intercourse with that person –Charge: Procuring by threats, fraud, or administering drugs.
[Section 133 Substituted by No. 71 of 1987, s. 16 ](1) Any person who has sexual intercourse with another person knowing that other person to be his or her lineal ancestor, lineal descendant, or sibling, is guilty of a crime whether or not that other person has consented to such sexual intercourse.Charge: Incest.(2) Any person of or above the age of 16 years who, with consent, permits another person to have sexual intercourse with him or her knowing that other person to be his or her lineal ancestor, lineal descendant, or sibling, is guilty of a crime.Charge: Permitting incest.(3) This section applies whether or not the relationship between the persons is traced through lawful wedlock.(4) In this section, sibling includes half-brother and half-sister.
(1) Any woman who, being pregnant, unlawfully administers to herself, with intent to procure her own miscarriage, any poison or other noxious thing or with such intent unlawfully uses any instrument or other means whatsoever, is guilty of a crime.(2) [Section 134 Amended by No. 123 of 2001, s. 4, Applied:24 Dec 2001] Any person who, with intent to procure the miscarriage of a woman, unlawfully administers to her, or causes her to take, any poison or other noxious thing, or with such intent unlawfully uses any instrument or other means whatsoever, is guilty of a crime.Charge: Administering poison [or using means] to procure abortion.
135. Aiding in intended abortion
[Section 135 Amended by No. 123 of 2001, s. 4, Applied:24 Dec 2001] Any person who unlawfully supplies to or procures for any other person anything whatever, knowing that it is intended to be unlawfully used with intent to procure the miscarriage of a woman, is guilty of a crime.Charge: Aiding in intended abortion.
136. Warning relating to uncorroborated evidence
[Section 136 Substituted by No. 71 of 1987, s. 17 ](1) At the trial of a person accused of a crime under chapter XIV or XX , no rule of law or practice shall require a judge to give a warning to the jury to the effect that it is unsafe to convict the person on the uncorroborated evidence of a person against whom the crime is alleged to have been committed.(2) A judge shall not give a warning of the kind referred to in subsection (1) unless satisfied that the warning is justified in the circumstances.
[Section 137 Amended by 15 Geo. V No. 34, s. 2 ]Any person who wilfully –is guilty of a crime.(a) does any indecent act in any place to which the public have access or in the public view; or(b) does any such act in any place with intent to insult or offend any other person –Charge: Indecency.
[Section 138 Amended by No. 103 of 1974, s. 2 ](1) Any person who knowing, or having a reasonable opportunity of knowing, the nature thereof –is guilty of a crime.(a) . . . . . . . .(b) publicly exhibits any disgusting object or indecent show –Charge: Exhibiting obscene matter.(2) In any prosecution for a crime under this section it shall be a defence to prove that the act alleged was done for the public good.(3) The questions whether any such act as aforesaid was capable of being for the public good, and whether there is any evidence in the circumstances of excess beyond the requirements of the public good, are questions of law.(4) The questions whether any such act as aforesaid was for the public good, and whether there was any such excess as aforesaid, are questions of fact.
139. Misconduct in respect of human remains
Any person who –is guilty of a crime.(a) neglects to perform any duty, either imposed upon him by law or undertaken by him, with reference to the burial of any dead human body or human remains; or(b) improperly or indecently interferes with or offers any indignity to any dead human body or human remains, whether buried or not –Charge:(a) Neglecting duty as to burial.(b) Interfering with human remains.
Chapter XV - Common Nuisances
[Section 140 Amended by No. 37 of 1996, s. 3 and Sched. 1 ][Section 140 Amended by No. 35 of 1973, s. 2 ](1) A common nuisance is an unlawful act or an omission to discharge a legal duty, such act or omission being one which endangers the lives, safety, health, property, or comfort of the public, or by which the public are obstructed in the exercise or enjoyment of any right common to all His Majesty's subjects.(2) For the purposes of this section the comfort of the public shall be deemed to be affected by any pollution of the environment within the meaning of the Environmental Management and Pollution Control Act 1994 .
141. Common nuisances that are punishable
[Section 141 Amended by No. 35 of 1973, s. 3 ][Section 142 Repealed by No. 35 of 1973, s. 4 ]. . . . . . . .(1) A person who commits any common nuisance which endangers the lives, safety, or health of the public, or which occasions injury to the person of any individual, is guilty of a crime.Charge: Creating a nuisance.(2) A person who commits a common nuisance of a kind mentioned in subsection (1) and causes or suffers it to continue is guilty of a crime.Charge: Creating and continuing a nuisance.(3) A person who commits a common nuisance of a kind not mentioned in subsection (1) and causes or suffers it to continue is guilty of a crime.Charge: Continuing a nuisance.(4) A person guilty of a crime under subsection (3) is not liable to be punished otherwise than as provided in chapter XLIIA .
143. Disorderly houses: Common bawdy-houses
(1) A person who keeps any disorderly house – that is to say, any common bawdy-house, common gaming-house, or common betting-house – is guilty of a crime.Charge: Keeping a disorderly house.(2) A common bawdy-house is a house, room, set of rooms, or place of any kind whatever kept for purposes of prostitution.(3) Any one who appears to be or acts or behaves as master or mistress, or as the person having the care, government, or management, of any such disorderly house, shall be deemed to be the keeper thereof, and shall be liable to be prosecuted and punished as such, although, in fact, he or she is not the real owner or keeper thereof.(4) The owner of any house, or any tenant, lessee, or occupier thereof, or of any part thereof, who knowingly permits such house or any part thereof to be kept as a disorderly house shall be liable to be prosecuted and punished as if he were the keeper of such house.
PART V - Crimes Against the Person
Chapter XVI - Duties Relating to the Preservation of Human Life
144. Duty to provide necessaries
(1) It is the duty of every person having charge of another, who is unable by reason of age, sickness, unsoundness of mind, detention, or any other cause to withdraw himself from such charge, and who is unable to provide himself with the necessaries of life, to provide such necessaries for that other person.(2) It is immaterial how such charge arose.
It is the duty of every person who, as head of a family, has the charge of a child under the age of 16 years, being a member of his household, to provide the necessaries of life for such child.
146. What are necessaries in certain cases
For the purposes of sections 144 and 145 , the expression necessaries of life shall include medical and surgical aid and medicine.
It is the duty of every person who as a master or mistress has contracted to provide necessary food, clothing, or lodging for any servant or apprentice under the age of 16 years, to provide the same.
In any case in which a person has authorized another to discharge on his behalf any of the duties mentioned in sections 144 , 145 , and 147 , it is the duty of such other person to discharge such duty; and it is the duty of such first-mentioned person to use reasonable care to ensure the discharge of such duty.
149. Duty of persons doing dangerous acts
(1) Subject to the provisions of subsection (2) , it is the duty of a person who undertakes to administer surgical or medical treatment to another, or to do any other lawful act of a dangerous character which requires special knowledge, skill, attention, or caution, to employ in so doing a reasonable amount of such knowledge, skill, attention, and caution.(2) In a case of necessity, and where no person having such knowledge or skill as aforesaid can be procured by reasonable means to do such act, it is lawful for a person not having such knowledge or skill to do such act, but it is his duty to employ in so doing such amount of attention and caution as is reasonable in the circumstances.
150. Duty of persons in charge of dangerous things
It is the duty of every person who has anything in his charge or under his control, or who erects, makes, or maintains anything which, in the absence of precaution or care in its use or management may endanger human life, to take reasonable precautions against, and to use reasonable care to avoid, such danger.
When a person undertakes to do any act, the omission to do which is or may be dangerous to human life or health, it is his duty to do that act.
[Section 152 Amended by 25 Geo. V No. 43, s. 3 ]A person who without lawful excuse omits to perform any of the duties mentioned in this chapter shall be criminally responsible for such omission if the same causes the death of or grievous bodily harm to any person to whom such duty is owed, or endangers his life, or permanently injures his health.
Chapter XVII - Homicide: Suicide: Concealment of Birth
153. Definition of homicide: Killing: When child becomes human being
[Section 153 Amended by No. 9 of 1989, s. 5 ](1) Homicide is the killing of a human being by another.(2) Killing is causing the death of a person by an act or omission but for which he would not have died when he did, and which is directly and immediately connected with his death.(3) The question whether an act is directly and immediately connected with a person's death is a question of fact depending upon the circumstances of each particular case.(4) A child becomes a human being when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, and whether it has an independent circulation or not, and whether the navel-string is severed or not.(5) The killing of any such child is homicide if it dies in consequence of injuries received before, during, or after birth.(6) . . . . . . . .(7) . . . . . . . .
154. Special cases of homicide
A person is deemed to have killed another in the following cases where his act or omission is not the immediate, or not the sole, cause of death:[Section 155 Repealed by No. 9 of 1993, s. 4 ]. . . . . . . .(a) where he causes bodily injury to the other which requires surgical or medical treatment, and such treatment causes death, if such treatment is applied in good faith, and with reasonable knowledge and skill, but not otherwise;(b) where he causes bodily injury to the other which causes death, though it would not have caused death if the other had submitted to proper treatment or had observed proper precautions;(c) where by actual violence, or threats, or intimidation of any kind, or by deceit, he causes the other to do an act or make an omission likely to cause death, and which he knows, or ought to have known, the other would be likely to do, and which causes the death of the other;(d) where by any act or omission he hastens the death of another who is suffering under any disease or injury which would itself have caused death;(e) where his act or omission causes death, but would not have caused death unless it had been accompanied by the acts or omissions of the person killed or of other persons.
(1) Homicide may be culpable or not culpable.(2) Homicide is culpable when it is caused –(a) by an act intended to cause death or bodily harm, or which is commonly known to be likely to cause death or bodily harm, and which is not justified under the provisions of the Code;(b) by an omission amounting to culpable negligence to perform a duty tending to the preservation of human life, although there may be no intention to cause death or bodily harm; or(c) by any unlawful act.(3) The question what amounts to culpable negligence is a question of fact, to be determined on the circumstances of each particular case.(4) For the purposes of this chapter it is unlawful –(a) to cause death in the manner described in section 154 (c) ;(b) to wilfully frighten a child of tender years; or(c) to wilfully frighten a sick person knowing such person to be sick.(5) Homicide that is not culpable is not punishable.
157. Cases in which culpable homicide is murder
[Section 157 Amended by 25 Geo. V No. 78 ](1) [Section 157 Amended by No. 15 of 2003, s. 4, Applied:09 May 2003] Culpable homicide is murder if it is committed–although, in the cases mentioned in paragraphs (d) , (e) , and (f) , the offender did not intend to cause death, and did not know that death was likely to ensue.(a) with an intention to cause the death of any person, whether of the person killed or not;(b) with an intention to cause to any person, whether the person killed or not, bodily harm which the offender knew to be likely to cause death in the circumstances, although he had no wish to cause death;(c) by means of any unlawful act or omission which the offender knew, or ought to have known, to be likely to cause death in the circumstances, although he had no wish to cause death or bodily harm to any person;(d) with an intention to inflict grievous bodily harm for the purpose of facilitating the commission of any of the crimes hereinafter mentioned or the flight of the offender upon the commission, or attempted commission, thereof;(e) by means of administering any stupefying thing for either of the purposes mentioned in paragraph (d) ; or(f) by wilfully stopping the breath of any person by any means for either of such purposes as aforesaid–(2) The following are the crimes referred to in paragraph (d) of subsection (1) – Piracy, and offences deemed to be piracy; murder; escape or rescue from prison or lawful custody; resisting lawful apprehension; rape; forcible abduction; robbery with violence; robbery; burglary; arson.
[Section 158 Amended by No. 77 of 1968, s. 4 ][Section 158 Amended by No. 96 of 1994, s. 4 ]Any person who commits murder is guilty of a crime, and is liable to imprisonment for the term of the person's natural life or for such other term as the Court determines.Charge: Murder.
[Section 160 Amended by 25 Geo. V No. 43, s. 3 ][Section 160 Amended by No. 15 of 2003, s. 4, Applied:09 May 2003] . . . . . . . .(1) Culpable homicide not amounting to murder is manslaughter.(2) Any person who commits manslaughter is guilty of a crime.Charge: Manslaughter.
161. Accessory after the fact to murder
Any person who becomes accessory after the fact to murder is guilty of a crime.Charge: Being accessory after the fact to murder.
Any person who, knowing the contents thereof, wilfully, and with intent thereby to intimidate or influence any person, causes such person to receive any writing threatening to kill him or any other person, is guilty of a crime.Charge: Threatening to murder.
162A. Failing to report the killing of a person
[Section 162A Amended by No. 70 of 2003, s. 4, Applied:15 Dec 2003](1) In this section,proper authority means any of the following:(a) a police officer;(b) a correctional officer within the meaning of the Corrections Act 1997 ;(c) a probation officer within the meaning of the Corrections Act 1997 ;(d) a Crown Law Officer.(2) A person is guilty of a crime if he or she –(a) discovers that another person has been killed; and(b) fails without reasonable excuse to report that discovery to a proper authority as soon as practicable.Charge: Failing to report the killing of a person.(3) A person is guilty of a crime if he or she –(a) discovers that another person is being subjected to conduct that, if repeated or continued, is reasonably likely to result in that other person being killed; and(b) fails without reasonable excuse to report that discovery to a proper authority as soon as practicable.Charge: Failing to report the impending killing of a person.(4) A person is guilty of a crime if he or she –(a) discovers that the killing of another person is being planned; and(b) fails without reasonable excuse to report that discovery to a proper authority as soon as practicable.Charge: Failing to report the planned killing of a person.(5) Without limiting the matters that may constitute a reasonable excuse for the purposes of subsection (2) , (3) or (4) , a person is excused from reporting a discovery to a proper authority under this section if –(a) the person knows or reasonably suspects that –(i) another person has already reported the discovery to a proper authority; or(ii) a proper authority has already made the same discovery; or(b) reporting the discovery would disclose information that is privileged on the ground of legal professional privilege.
Any person who instigates or aids another to kill himself is guilty of a crime.Charge: Instigating [or aiding] suicide.
164. Medical termination of pregnancy
[Section 164 Repealed by No. 13 of 1957, s. 3 ][Section 164 Amended by No. 123 of 2001, s. 4, Applied:24 Dec 2001](1) Notwithstanding anything contained in section 134 , 135 or 165 , but subject to this section, a person is not guilty of a crime in relation to the termination of a pregnancy which is legally justified.(2) The termination of a pregnancy is legally justified if –(a) two registered medical practitioners have certified, in writing, that the continuation of the pregnancy would involve greater risk of injury to the physical or mental health of the pregnant woman than if the pregnancy were terminated; and(b) the woman has given informed consent unless it is impracticable for her to do so.(3) In assessing the risk referred to in subsection (2) , the registered medical practitioners may take account of any matter which they consider to be relevant.(4) If it is impracticable for the woman to give informed consent, the two registered medical practitioners referred to in subsection (2)(a) are to make a declaration in writing detailing the reasons why it was impracticable for the woman to give informed consent.(5) At least one of the registered medical practitioners referred to in subsection (2)(a) is to specialise in obstetrics or gynaecology.(6) A legally justified termination can only be performed by a registered medical practitioner.(7) Subject to subsection (8) , no person is under a duty, whether by contract or by any statutory or other legal requirement, to participate in any treatment, including any counselling authorised by this section, to which the person has a conscientious objection.(8) Nothing in subsection (7) affects any duty to participate in treatment which is necessary to save the life of a pregnant woman or to prevent her immediate serious physical injury.(9) In this section –informed consent means consent given by a woman where –(a) a registered medical practitioner has provided her with counselling about the medical risk of termination of pregnancy and of carrying a pregnancy to term; and(b) a registered medical practitioner has referred her to counselling about other matters relating to termination of pregnancy and carrying a pregnancy to term;woman means any female person of any age.
165. Causing death of child before birth
(1) Any person who causes the death of a child which has not become a human being in such a manner that he would have been guilty of murder if such child had been born alive is guilty of a crime.Charge: Causing the death of a child before birth.(2) No one commits a crime who by any means employed in good faith for the preservation of its mother's life causes the death of any such child before or during its birth.
[Section 165A Substituted by No. 30 of 1973, s. 6 ]A woman who by any wilful act or omission, causes the death of her child (being a child under the age of 12 months), and who was at the time not fully recovered from the effect of giving birth to the child, and the balance of her mind being, by reason thereof, disturbed, is guilty of a crime, which is called infanticide, although, the offence would, but for this section, have amounted to murder.Charge: Infanticide.
(1) Any person who, when a woman is delivered of a child, by any secret disposition of the dead body of the child, whether the child died before, at, or after, its birth, endeavours to conceal the birth thereof, is guilty of a crime.Charge: Concealment of birth.(2) The provisions of this section shall not apply to a case in which the child has not reached such a stage of maturity as would in the ordinary course of nature render it probable that such child would live.
167. Unlawful destruction of human remains
Any person who wilfully and unlawfully burns or cremates, or otherwise destroys, any human remains, or renders the same incapable of identification, is guilty of a crime.Charge: Unlawfully destroying human remains [or unlawfully rendering human remains incapable of identification].
167A. Causing death by dangerous driving
[Section 167A Inserted by No. 74 of 1975, s. 2 ]Any person who causes the death of another person by the driving of a motor vehicle at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including in the case of the driving of a motor vehicle on a public street, the nature, condition and use of the street, and the amount of traffic which is actually at the time, or which might reasonably be expected to be, on the street, is guilty of a crime.Charge: Causing death by dangerous driving.
167B. Dangerous driving causing grievous bodily harm
[Section 167B Amended by No. 15 of 2000, s. 3, Applied:28 Apr 2000] Any person who causes grievous bodily harm to another person by the driving of a motor vehicle at a speed or in a manner that is dangerous to the public, having regard to all the circumstances of the case, including, in the case of the driving of a motor vehicle on a public street, the nature, condition and use of the street and the amount of traffic that is actually at that time, or that might reasonably be expected to be, on the street, is guilty of a crime.Charge: Causing grievous bodily harm by dangerous driving.
Chapter XVIII - Crimes Endangering Life or Health
168. Disabling to aid commission of offence or flight of offender
Any person who, by any means whatever calculated to choke, suffocate, or strangle, or, by any violent means whatever, renders any person incapable of resistance, with intent thereby to facilitate the commission of an offence, or to facilitate the flight of an offender after the commission or attempted commission of an offence, is guilty of a crime.Charge: Disabling with intent to facilitate the commission of an offence [or the flight of an offender].
169. Administering drug to facilitate offence
Any person who administers any stupefying or overpowering drug or thing to any person, with intent thereby to facilitate the commission of an offence, or to facilitate the flight of an offender after the commission or attempted commission of an offence, is guilty of a crime.Charge: Administering a drug with intent to facilitate the commission of an offence [or the flight of an offender].
170. Acts intended to cause grievous bodily harm or prevent apprehension
[Section 170 Amended by No. 74 of 1975, s. 3 ](1) Any person who, with intent to maim, disfigure, or disable any person, or to do any grievous bodily harm to any person, or to resist or prevent the lawful arrest or detention of any person –is guilty of a crime.(a) wounds or does any actual bodily harm to any person by any means whatever;(b) strikes any person in any manner with any kind of offensive weapon;(c) causes any explosive substance to explode;(d) sends or delivers any explosive substance or other dangerous or noxious thing to any person;(e) ignites any inflammable substance;(f) causes any substance or thing referred to in the preceding paragraphs to be taken or received by any person;(g) puts any corrosive fluid or any destructive, explosive, or inflammable substance in any place; or(h) casts or throws at or upon any person, or applies to any person, any fluid or substance referred to in paragraph (g) –Charge: Committing an unlawful act intended to cause bodily harm.(2) A person who, by actual violence or threats of immediate violence, causes any other person to do any act for the purpose of avoiding or escaping from such violence, whereby such other person suffers actual bodily harm, is deemed to have caused such bodily harm to such other person.
171. Preventing escape from wreck
Any person who unlawfully –is guilty of a crime.(a) prevents or obstructs any person who is on board, or is escaping from, a vessel which is in distress or wrecked or cast ashore, in his endeavour to save his life; or(b) obstructs any person in his endeavour to save the life of any person so situated –Charge: Preventing escape from a wreck.
172. Wounding or causing grievous bodily harm
Any person who unlawfully wounds or causes grievous bodily harm to any person by any means whatever is guilty of a crime.Charge: Wounding [or causing grievous bodily harm].
173. Intentionally endangering persons on railways
Any person who, with intent to injure or endanger the safety of any person on any railway –is guilty of a crime.(a) places any thing upon or across any railway;(b) does any act likely to interfere with, injure, endanger, or obstruct any engine, carriage, or other vehicle on any railway;(c) shoots or throws anything at, into, or upon, or causes anything to come in contact with, any such engine, carriage, or other vehicle, or any person;(d) does anything whatever to any part of any railway, or to any points, machinery, or signal belonging to or near to such railway, or to any engine, carriage, or other vehicle thereon;(e) deals in any way with any signal or light on or near to any railway or makes or shows any false signal or light, or makes any sign whatever on or near to any railway; or(f) wilfully omits to do any act which it is his duty to do –Charge: Intentionally endangering persons on a railway.
174. Wantonly endangering persons on railways
Any person who unlawfully, and wilfully or recklessly, in a manner likely to injure or endanger the safety of any person on any railway –is guilty of a crime.(a) by any act or omission endangers or obstructs any engine, carriage, or other vehicle on any railway;(b) does any act likely to interfere with or to cause injury to any engine, carriage, or other vehicle on any railway;(c) shoots or throws anything at, into, or upon, or causes anything to come in contact with, any engine, carriage, or other vehicle, or any person;(d) does anything whatever to any part of any railway, or to any points, machinery, or signal belonging to or near to any railway, or to any engine, carriage, or other vehicle thereon;(e) deals in any way with any signal or light on or near to any railway, or makes or shows any false signal or light, or makes any sign whatever on or near to any railway; or(f) by any culpable neglect of duty endangers the safety of any person conveyed or being upon any railway –Charge: Wantonly endangering persons on a railway.
175. Unlawfully administering poison with intent to harm
Any person who unlawfully, and with intent to injure or annoy any person, administers or causes any poison or other noxious thing to be administered to, or taken by, such person, and thereby endangers his life, or does him any grievous bodily harm, is guilty of a crime.Charge: Causing injury by poison.
176. Administering a noxious thing
Any person who unlawfully, and with intent to injure or annoy any person, administers, or causes any poison or other noxious thing to be administered, to, or taken by, any person, is guilty of a crime.Charge: Administering poison.
177. Failure to supply necessaries
Any person whose legal duty it is to provide the necessaries of life for any person, and who, without lawful excuse, fails to do so, whereby the life of that person is or is likely to be endangered or his health is or is likely to be permanently injured, is guilty of a crime.Charge: Failing to supply necessaries.
178. Ill-treatment of children
[Section 178 Amended by No. 74 of 1975, s. 4 ](1) Any person over the age of 14 years who, having the custody, care, or control of a child under the age of 14 years, wilfully ill-treats, neglects, abandons, or exposes such child, or causes such child to be ill-treated, neglected, abandoned, or exposed in a manner likely to cause such child unnecessary suffering or injury to health, is guilty of a crime.Charge: Ill-treating a child.(2) In any proceedings under this section, the spouse of the accused shall be a competent, but not a compellable, witness.
178A. Female genital mutilation
[Section 178A Amended by No. 96 of 1995, s. 5, Applied:01 Dec 1999](1) Any person who performs female genital mutilation on another person is guilty of a crime.Charge: Performing female genital mutilation.(2) It is not a defence to a charge under this section that the person on whom female genital mutilation was performed or that person's parent or guardian consented to the mutilation.
178B. Removal of child from State
[Section 178B Amended by No. 96 of 1995, s. 5, Applied:01 Dec 1999](1) Any person who takes a child under the age of 18 years, or arranges for such a child to be taken, out of the State with the intention of having female genital mutilation performed on that child is guilty of a crime.Charge: Removal of child for performance of female genital mutilation.(2) If it is proved that a person took the child, or arranged for the child to be taken, out of the State and that female genital mutilation was performed on the child outside the State, it is a presumption, in absence of proof to the contrary, that the person took the child, or arranged for the child to be taken, out of the State with the intention of having female genital mutilation performed on the child.
[Section 178C Amended by No. 96 of 1995, s. 5, Applied:01 Dec 1999](1) Sections 178A(1) and 178B(1) do not apply in relation to the performance of –(a) a surgical procedure for a genuine therapeutic purpose; or(b) a sexual reassignment procedure.(2) The fact that a surgical procedure is performed as, or as part of, a cultural, religious or other social custom is not, of itself, a genuine therapeutic purpose.(3) A sexual reassignment procedure is a surgical procedure to give a female, or a person whose sex is ambivalent, the genital appearance of a particular sex.
(1) Any person who, with intent to cause death or grievous bodily harm to any person, sets or places, or causes to be set or placed, in any place any spring-gun, man-trap, or other engine calculated to cause death or grievous bodily harm, or knowingly and with such intent allows any such thing to remain so set or placed in any place under his control, is guilty of a crime.Charge: Setting a spring-gun [or man-trap] [or, allowing a spring-gun (or man-trap) to remain set].(2) This section shall not apply to any gin or trap set for the purpose of catching or destroying vermin; nor to a spring-gun, man-trap, or engine set or maintained only during the night in a dwelling-house for the protection thereof.
180. Unseaworthy ships: Endangering life on ships: Breaches of duty by seamen: Failure to assist vessel in collision
(1) Any person who in any river or inland waters in this State –is guilty of a crime.(a) causes, or is a party to causing, or be used or employed for the carriage of passengers or goods any ship that is in such an unseaworthy state that the life of any person is likely to be thereby endangered; or(b) being the master of any such ship, knowingly uses the same –Charge: Using an unseaworthy ship.(2) Any person who, in or upon any ship, does any act with respect to such ship or any part thereof, or omits to perform any duty with respect thereto, knowing in either case that the safety of any person on such ship is or is likely to be thereby endangered, is guilty of a crime.Charge: Endangering life on a ship.(3) Any master, seaman, or apprentice belonging to any ship who, by wilful breach of duty, or by neglect of duty, or by reason of drunkenness –is guilty of a crime.(a) does any act tending to the immediate loss, destruction, or serious damage of such ship, or tending immediately to endanger the life or limb of any person belonging to or on board of such ship; or(b) refuses or omits to do any lawful act proper and requisite to be done by him for preserving such ship from immediate loss, destruction, or serious damage, or for preserving any person belonging to or on board such ship, from immediate danger to life or limb –Charge: Breach of duty as a seaman.(4) In every case of collision between 2 vessels it shall be the duty of the master or person in charge of each vessel, if and so far as he can do so without danger to his own vessel, crew, or passengers, if any, to render to the other vessel, her master, crew, and passengers, if any, such assistance as may be practicable and necessary to save them from any danger caused by the collision, and to stay by the other vessel until he has ascertained that she has no need of further assistance; and any person failing, without reasonable cause, to perform any such duty as aforesaid is guilty of a crime.Charge: Failing to assist vessel in collision.(5) For the purposes of this section the term ship means a ship employed exclusively in trading or going from place to place in any river or inland waters in this State, or employed in carrying passengers therein.(6) In any proceedings under subsection (1) it shall be a defence to prove –(a) that the use of such vessel was reasonable and justifiable under the circumstances; or(b) that the accused, not being such master as aforesaid, used all reasonable means to ensure the ship being in a seaworthy state when so used.
181. Making and possession of dangerous things
Any person who makes or knowingly has in his possession any explosive substance, or any dangerous or noxious engine, instrument, or thing whatever, with intent by means thereof to commit or for the purpose of enabling any other person by means thereof to commit any crime, is guilty of a crime.Charge: Making [or having in possession] a dangerous thing, with intent to facilitate crime.
Chapter XIX - Assaults
(1) An assault is the act of intentionally applying force to the person of another, directly or indirectly, or attempting or threatening by any gesture to apply such force to the person of another if the person making the attempt or threat has, or causes the other to believe on reasonable grounds that he has, present ability to effect his purpose; or the act of depriving another of his liberty.(2) Words alone cannot constitute an assault.(3) An act which is reasonably necessary for the common intercourse of life if done only for the purpose of such intercourse, and which is not disproportionate to the occasion, does not constitute an assault.(4) Except in cases in which it is specially provided that consent cannot be given, or shall not be a defence, an assault is not unlawful if committed with the consent of the person assaulted unless the act is otherwise unlawful, and the injury is of such a nature, or is done under such circumstances, as to be injurious to the public, as well as to the person assaulted, and to involve a breach of the peace.
Any person who –is guilty of a crime.(a) assaults any person with intent to commit a crime, or to resist or prevent the lawful apprehension or detainer of himself or of any other person; or(b) assaults, resists, or wilfully obstructs any person in the lawful execution of any process against any lands or goods, or in the making of any lawful distress, or with intent to rescue any goods taken under such process or distress –Charge: Aggravated assault.
Any person who unlawfully assaults another is guilty of a crime.Charge: Assault.
Chapter XX - [Chapter XX of Part V Heading amended by No. 65 of 1995, s. 4 ] Rape: Abduction: Stalking
[Section 185 Amended by No. 71 of 1987, s. 18 ][Section 185 Amended by No. 104 of 1976, s. 2 ](1) Any person who has sexual intercourse with another person without that person's consent is guilty of a crime.Charge: Rape.(2) Proceedings under Part VII of the Justices Act 1959 for the committal of any person for trial by the Supreme Court in respect of a charge under subsection (1) –(a) shall be heard by a magistrate sitting alone; and(b) shall be heard in closed court unless the magistrate otherwise directs.
[Section 186 Substituted by No. 71 of 1987, s. 19 ][Section 187 Repealed by No. 71 of 1987, s. 20 ]. . . . . . . . [Section 188 Repealed by No. 71 of 1987, s. 21 ]. . . . . . . .(1) Any person who, by force, takes away or detains another person against that person's will with intent that the other person be married to, or have sexual intercourse with, any person, is guilty of a crime.Charge: Forcible abduction.(2) Any person who takes away or detains another person against that other person's will with intent that the other person be married to, or have sexual intercourse with, any person, is guilty of a crime.Charge: Abduction.
189. Abduction of young persons
[Section 189 Substituted by No. 71 of 1987, s. 22 ]Any person who unlawfully takes away, or causes to be taken away, an unmarried person under the age of 17 years out of the possession and against the will of a parent of that person or a person having the lawful charge or care of that person, is guilty of a crime.Charge: Abduction of a young person under the age of 17 years.
190. Defences in abduction of young persons
[Section 190 Substituted by No. 71 of 1987, s. 23 ](1) In any proceedings under section 189 , it is a defence to prove that the accused person did not know, or did not have reasonable grounds for believing, that the young person was in the lawful charge of the person out of whose possession the young person was taken.(2) It is not a defence in any proceedings under section 189 –(a) to prove that the young person suggested or consented to being taken away; or(b) to prove that the accused person believed on reasonable grounds that the young person was of or above the age of 17 years.
191. Abduction of children: Harbouring an abducted child
(1) Any person who unlawfully, by force or fraud takes away, or decoys or entices away, or detains, any child under the age of 14 years, with intent to deprive any parent, guardian, or other person having the lawful charge or care of such child, of the possession of such child, or with intent to steal any article upon or about the person of such child, is guilty of a crime.Charge: Abduction of a child.(2) Any person who, with any such intent as aforesaid, receives or harbours any such child, knowing it to have been so taken, decoyed, or enticed away, or detained, is guilty of a crime.Charge: Harbouring an abducted child.(3) In any proceedings under subsection (1) , it shall be a defence to prove that the accused –(a) acted upon a claim of right to the possession of such child;(b) is the mother of such child, if the child is illegitimate; or(c) acted in good faith upon a claim that he is the father of such child, if the child is illegitimate.
[Section 191A Inserted by No. 30 of 1973, s. 7 ]Any person who –is guilty of a crime.(a) with intent to extort or gain anything from, or procure anything to be done or omitted to be done, by any person, by a demand containing threats of injury or detriment of any kind to be caused to any person (whether by the offender or any other person) if the demand is not complied with, takes or entices away, or detains, the person in respect of whom those threats are made; or(b) receives or harbours the person in respect of whom the threats referred to in paragraph (a) are made knowing that person to have been taken or enticed away or detained as mentioned therein –Charge: Kidnapping.
[Section 192 Inserted by No. 65 of 1995, s. 5 ][Section 192 Amended by No. 59 of 1999, s. 3, Applied:24 Nov 1999](1) A person is guilty of a crime if that person, with the intention of causing another person physical or mental harm, apprehension or fear –(a) follows the other person or a third person; or(b) loiters outside the residence of the other person or a third person or another place frequented by the other person or third person; or(c) enters, or interferes with, property of the other person or a third person; or(d) keeps the other person or a third person under surveillance; or(e) gives offensive material to, or leaves offensive material where it is likely to be found by, given to or brought to the attention of, the other person or a third person; or(f) acts in any other way that could reasonably be expected to arouse the other person's apprehension or fear.Charge: Stalking.(2) A person who engages in conduct of a kind referred to in subsection (1) and so causes physical or mental harm, apprehension or fear in another person is taken to have the intention required by subsection (1) if that person knows, or ought to have known, that engaging in that conduct would or would be likely to cause the other person physical or mental harm, apprehension or fear.(3) Subsection (2) does not apply in respect of a person who engages in conduct of a kind referred to in subsection (1) in the course of performing his or her official duties for the purposes of –(a) the enforcement of the criminal law; or(b) the administration of an Act; or(c) the enforcement of a law imposing a pecuniary penalty; or(d) the execution of a warrant; or(e) the protection of the public revenue.
Chapter XXI - Crimes Relating to Marriage - . . . . . . . .[Chapter XXI of Part V Repealed by No. 7 of 1989, s. 4 ][Section 193 Repealed by No. 7 of 1989, s. 4 ]. . . . . . . . [Section 194 Repealed by No. 7 of 1989, s. 4 ]. . . . . . . .
Chapter XXII - Crimes Relating to Mentally Disordered Persons[Chapter XXII of Part V Substituted by No. 63 of 1963, s. 2 and Sched. 2 ]
195. Illegally receiving, &c., mentally disordered persons
[Section 195 Substituted by No. 63 of 1963, s. 2 and Sched. 2 ][Section 195 Amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] Any person who wilfully and without lawful authority receives into custody or detains any person suffering from mental disorder is guilty of a crime.Charge: Illegally receiving [or detaining] a mentally disordered person.
Chapter XXIII - Defamation
196. Definition of "periodical"
In this chapter the term periodical includes any newspaper, review, magazine, or other writing or print, published periodically.
197. Definition of "defamatory matter"
(1) Any imputation concerning any person, or any member of his family, whether such member of his family be living or dead, by which the reputation of that person is likely to be injured, or by which he is likely to be injured in his profession or trade, or by which other persons are likely to be induced to shun or avoid or ridicule or despise him, is called defamatory, and the matter of the imputation is called defamatory matter.(2) Any such imputation may be expressed either directly, or by insinuation or irony.
198. Functions of judge and jury
(1) The question whether any matter is or is not defamatory is a question of fact.(2) The question whether any matter alleged to be defamatory is or is not capable of bearing a defamatory meaning is a question of law.
199. Definition of "defamation"
Any person who by words, either spoken or intended to be read, or by signs or visible representations, publishes any defamatory imputation concerning any person, is said to defame that person.
200. Definition of "publication"
Publication is, in the case of words spoken, the speaking of such words in the hearing of any other person than the person defamed; and, in the case of other defamatory matter, to deliver or read or exhibit it, or cause it to be delivered or read or exhibited, or in any other manner to communicate its contents or any part thereof to any person other than the person defamed: Provided that the person making the publication knows or has the opportunity of knowing the contents or nature of the document or other thing containing the defamatory matter.
201. Publication of defamatory matter is prima facie unlawful
It is unlawful to publish defamatory matter, unless such publication is protected, or justified, or excused by law.
(1) A Member of either House of Parliament does not incur any liability as for defamation by the publication of any defamatory matter in the course of a speech made by him in Parliament.(2) A person who presents a petition to either House of Parliament does not incur any liability as for defamation by the publication to that House of Parliament of any defamatory matter contained in the petition.(3) No person incurs any liability as for defamation by publishing by order or under the authority of either House of Parliament, any paper containing defamatory matter.
203. Privilege of judges, witnesses, and others in courts of justice
No person incurs any liability as for defamation by publishing in the course of any proceeding held before or under the authority of any court of justice, or in the course of any inquiry made under the authority of any statute, or under the authority of His Majesty, or of the Governor, or of either House of Parliament, any defamatory matter.
204. Reports of official inquiries
Any person appointed under the authority of any statute, or by or under the authority of His Majesty, or of the Governor, to hold any inquiry does not incur any liability as for defamation by publishing any defamatory matter in an official report made by him of the result of such inquiry.
205. Publication of matters of public interest
(1) It is lawful –(a) to publish in good faith for the information of the public a fair report of the proceedings of either House of Parliament, or of any committee thereof;(b) to publish in good faith for the information of the public a copy of, or an extract from or abstract of, any paper published by order or under the authority of either House of Parliament;(c) to publish in good faith for the information of the public a fair report of the public proceedings of any court of justice, whether such proceedings are preliminary or interlocutory or final, or of the result of any such proceedings, unless in the case of proceedings which are not final the publication has been prohibited by the court, or unless the matter published is blasphemous or obscene;(d) to publish in good faith for the information of the public a fair report of the proceedings of any inquiry held under the authority of any statute, or under the authority of His Majesty, or of the Governor, or an extract from or abstract of any such proceedings, or a copy of, or an extract from or abstract of, any official report made by the person by whom the inquiry was held;(e) [Section 205 Amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] to publish in good faith for the information of the public at the request of any Government office, Government department, officer of State, or commissioned police officer, any notice or report issued by such department or officer for the information of the public;(f) to publish in good faith for the information of the public a fair report of the proceedings of any local authority, board, or body of trustees or other persons duly constituted under the provisions of any statute for the discharge of public functions;(g) to publish in good faith for the information of the public a fair report of the proceedings of any public meeting, so far as the matter published relates to matters of public concern. The term public meeting means a meeting lawfully held for a lawful purpose, and for the bona fide furtherance or discussion in good faith of a matter of public concern, or for the advocacy of the candidature of any person for a public office, whether the admission to the meeting was open or restricted.(2) A publication is said to be made in good faith for the information of the public if the person by whom it is made is not actuated in making it by ill-will to the person defamed, or by any other improper motive; and if the manner of the publication is such as is ordinarily and fairly used in the case of the publication of news.(3) In the case of a publication of a report of the proceedings of a public meeting in a periodical, it is evidence of a want of good faith if the proprietor, publisher, or editor has been requested by the person defamed to publish in the periodical a reasonable letter or statement by way of contradiction or explanation of the defamatory matter, and has refused or neglected to publish the same forthwith.
206. Fair comment on matters of public interest
(1) It is lawful –(a) to publish a fair comment respecting any of the matters with respect to which the publication of a fair report in good faith for the information of the public is by section 205 declared to be lawful;(b) to publish a fair comment respecting the public conduct of any person who takes part in public affairs, or respecting the character of any such person, so far as his character appears in that conduct;(c) to publish a fair comment respecting the conduct of any public officer or public servant in the discharge of his public functions, or respecting the character of any such person, so far as his character appears in that conduct;(d) to publish a fair comment respecting the merits of any case, civil or criminal, which has been decided by any court of justice, or respecting the conduct of any person as a judge, party, witness, counsel, solicitor, or officer of the court, in any such case, or respecting the character of any such person, so far as his character appears in that conduct;(e) to publish a fair comment respecting any published book or other literary production, or respecting the character of the author, so far as his character appears by such book or production;(f) to publish a fair comment respecting any composition or work of art or performance publicly exhibited, or respecting the character of the author or performer or exhibitor, so far as his character appears from the matter exhibited;(g) to publish a fair comment respecting any public entertainment or sports, or respecting the character of any person conducting or taking part therein, so far as his character appears from the matter of the entertainment or sports, or the manner of conducting the same;(h) to publish a fair comment respecting any communication made to the public on any subject.(2) Whether a comment is or is not fair is a question of fact. If it is not fair, and is defamatory, the publication of it is unlawful.
207. Truth published for the public benefit
It is lawful to publish defamatory matter if the matter is true, and if it is for the public benefit that the publication should be made.
(1) It is a lawful excuse for the publication of defamatory matter –(a) if the publication is made in good faith by a person having over another any lawful authority in the course of a censure passed by him on the conduct of that other in matters to which such lawful authority relates;(b) if the publication is made in good faith for the purposes of seeking remedy or redress for some private or public wrong or grievance from a person who has, or is reasonably believed by the person making the publication to have, authority over the person defamed with respect to the subject-matter of such wrong or grievance;(c) if the publication is made in good faith for the protection of the interests of the person making the publication, or of some other person, or for the public good;(d) if the publication is made in good faith in answer to an inquiry made of the person making the publication relating to some subject as to which the person by whom or on whose behalf the inquiry is made, has, or is believed on reasonable grounds by the person making the publication to have, an interest in knowing the truth;(e) if the publication is made in good faith for the purpose of giving information to the person to whom it is made with respect to some subject as to which that person has, or is reasonably believed by the person making the publication to have, such an interest in knowing the truth as to make his conduct in making the publication reasonable under the circumstances;(f) if the publication is made in good faith on the invitation or challenge of the person defamed;(g) if the publication is made in good faith in order to answer or refute some other defamatory matter published by the person defamed concerning the person making the publication or some other person;(h) if the publication is made in good faith in the course of, or for the purposes of, the discussion of some subject of public interest the public discussion of which is for the public benefit.(2) For the purposes of this section, a publication is said to be made in good faith if the matter published is relevant to the matters the existence of which may excuse the publication in good faith of defamatory matter; if the manner and extent of the publication do not exceed what is reasonably sufficient for the occasion; and if the person by whom it is made is not actuated by ill-will to the person defamed, or by any other improper motive, and does not believe the defamatory matter to be untrue.
209. Burden of proof of absence of good faith
When any question arises whether a publication of defamatory matter was or was not made in good faith, and it appears that the publication was made under circumstances which would afford lawful excuse for the publication if it was made in good faith, the burden of proof of the absence of good faith lies upon the party alleging such absence.
210. Relevancy and public benefit questions of fact
Whether any defamatory matter is or is not relevant to any other matter, and whether the public discussion of any subject is or is not for the public benefit, are questions of fact.
211. Trivial matters not in writing
In any case other than that of words intended to be read, it is a good defence to a prosecution for defamation to prove that the publication was made on an occasion and under circumstances when the person defamed was not likely to be injured thereby.
212. Publication of defamatory matter
Any person who unlawfully publishes any defamatory matter concerning another is guilty of a crime.Charge: Defamation.
213. Defence of truth to be specially pleaded
Any person charged with the unlawful publication of defamatory matter who sets up as a defence that the defamatory matter is true, and that it was for the public benefit that the publication complained of should be made, must plead that matter specially, either with or without the general plea of not guilty.
214. Defendant competent witness
[Section 214 Amended by No. 52 of 1981, s. 7 ]Any person charged before a court of criminal jurisdiction with the unlawful publication of defamatory matter shall be a competent, but not a compellable, witness at any stage of the charge.
215. Power of jury to give general verdict
Upon the trial of any person for the unlawful publication of defamatory matter, the jury may give a general verdict of guilty or not guilty upon the whole matter put in issue, in like manner as in other criminal cases.
216. Publishing or threatening to publish a libel, &c., with intent to extort money
(1) Any person who publishes, or threatens to publish, any defamatory matter concerning any other person, or directly or indirectly threatens to publish, or directly or indirectly proposes to abstain from publishing, or directly or indirectly offers to prevent the publication of, any defamatory matter concerning any other person with intent to extort any money, or security for money, or any valuable thing, from such person, or any other person, or with intent to induce any person to confer or procure for any person any appointment or office of profit or trust, is guilty of a crime.Charge: Publishing [or threatening to publish] [or proposing to abstain from publishing] defamatory matter with intent to extort.(2) Nothing herein contained shall alter or affect any law now in force in respect to the sending or delivery of threatening letters or writings.
217. Defence of proprietor, &c., that matter inserted without knowledge and without negligence
(1) Upon a charge against a proprietor, publisher, or editor of a periodical of the unlawful publication in the periodical of defamatory matter, it is a defence to prove that the matter complained of was inserted in the periodical without his knowledge and without negligence on his part.(2) General authority given to the person who actually inserted the defamatory matter to manage or conduct the periodical as editor or otherwise and to insert therein what in his discretion he thinks fit, is not negligence within the meaning of this section, unless it is proved that the proprietor or publisher or editor when giving such general authority meant that it should extend to and authorize the unlawful publication of defamatory matter, or continued such general authority, knowing that it had been exercised by unlawfully publishing defamatory matter in any number or part of the periodical.
218. Protection of innocent sellers of periodicals
No person incurs any liability as for defamation by selling any number or part of a periodical, unless he knows that such number or part contains defamatory matter, or that defamatory matter is habitually or frequently contained in that periodical.
219. Protection of innocent sellers of books, &c.
No person incurs any liability as for defamation by selling a book, pamphlet, print, or writing, or other thing not forming part of a periodical, although it contains defamatory matter, if at the time of the sale he does not know that the defamatory matter is contained therein.
The sale by a servant of a book, pamphlet, print, or writing, or other thing, whether a periodical or not, does not make his employer responsible in respect of defamatory matter contained therein, unless it is proved that such employer authorized the sale knowing that the book, pamphlet, print, writing, or other thing contained the defamatory matter, or, in the case of a number or part of a periodical, that defamatory matter was habitually or frequently published in that periodical.
221. Prosecution to be by sanction of a judge after notice
[Section 221 Amended by 25 Geo. V No. 78 ]No prosecution shall be instituted for the publication of any defamatory matter, without the order of a judge in chambers, made after notice to the person accused, and after such person has had an opportunity of being heard in opposition to the application for the order.
On the trial of an indictment for unlawfully publishing defamatory matter contained in a periodical, after evidence sufficient in the opinion of the Court has been given of the publication by the accused of the number or part of the periodical containing the matter complained of, other writings or prints purporting to be other numbers or parts of the same periodical formerly or subsequently published shall be admissible in evidence on either side, without further proof of publication of them.
223. Stay of proceedings for publishing Parliamentary paper
[Section 223 Amended by 25 Geo. V No. 78 ]The accused in any prosecution in respect of the publication of defamatory matter contained in any paper published by him, or by his servant, by order or under the authority of either House of Parliament, may bring before the Court in which the proceeding is pending, or before a judge, first giving 24 hours' notice of his intention so to do to the prosecutor, a certificate under the hand of the President or Clerk of the Legislative Council, or Speaker or Clerk of the House of Assembly, as the case may be, stating that the paper in respect whereof such prosecution is instituted was published by the accused or by his servant, by order or under the authority of the Council or Assembly, together with an affidavit verifying such certificate; and such court or judge shall thereupon immediately stay such prosecution, and may order the prosecutor to pay the defendant his costs of defence.
224. Stay of proceedings for publishing copy of Parliamentary paper
In any prosecution in respect of the publication of a copy of, or an extract from, or abstract of, any such paper, as is mentioned in section 223 , the accused may at any stage of the proceedings lay before the court or a judge an original of such paper, with an affidavit verifying the same, and the court or judge may thereupon stay such prosecution, and may order the prosecutor to pay the accused his costs of defence.
225. On private prosecution defendant entitled to costs on acquittal: Costs when truth pleaded
(1) In the case of a prosecution of any person on an indictment preferred by a private prosecutor for the publication of defamatory matter, if the accused is acquitted he shall be entitled to recover from the prosecutor the costs sustained by him by reason of such prosecution, unless the court otherwise orders.(2) In the case of a prosecution of any person on an indictment preferred by a private prosecutor on a charge of the publication of defamatory matter, if the accused person pleads the truth of the matter published and that the publication was for the public benefit, then, if that issue is found for the Crown, the prosecutor shall be entitled to recover from the accused the costs sustained by him by reason of such plea.(3) Such costs so to be recovered by the accused or prosecutor respectively shall be taxed by the Registrar of the Supreme Court.
PART VI - Crimes Relating to Property
Chapter XXIV - Stealing
[Section 226 Amended by 25 Geo. V No. 43, s. 3 ][Section 226 Amended by No. 74 of 1975, s. 5 ](1) A person who, without the consent of the owner thereof, dishonestly –anything capable of being stolen, with intent permanently to deprive the owner thereof, steals such thing.(a) takes; or(b) being lawfully in the possession thereof, either as a servant of the owner or as a bailee or part owner thereof, converts to his own use or to the use of any person other than the owner –(2) In this chapter –(a) the term takes includes obtaining possession –(i) by any trick;(ii) by intimidation;(iii) through a mistake on the part of the owner, if the taker knows of such mistake; or(iv) by finding, if at the time of the finding the taker believes that the owner can be discovered by reasonable means;(b) the term owner includes any part owner or person having possession or control of, or a special property in, anything capable of being stolen.(3) A servant who takes anything out of the possession of his master with intent to apply it to his master's use, and who so applies it, or who converts anything belonging to his master to his master's use, does not steal the thing, although such taking or conversion is wrongful.
227. Things capable of being stolen
(1) Every movable thing which is the property of any person is capable of being stolen.(2) A thing which is attached to or forms part of any real property becomes capable of being stolen as soon as it is completely severed therefrom.(3) A person shall not acquire any property in the dead body of an animal wild by nature only by reason of such animal dying on his land.
228. Special cases of stealing
[Section 228 Amended by No. 74 of 1975, s. 13 ]A person shall be guilty of stealing a thing, although at the time of taking or converting the same he does not intend permanently to deprive the owner thereof, if he takes or converts it dishonestly and with intent –(a) to use the same, or to allow any other person to use the same, as a pledge or security;(b) to use or deal with the same in such manner that it cannot be returned to the owner in the form in which it was when he took or converted it; or(c) in the case of money, to use it at his own will, although he intends to repay to the owner an equivalent amount of money.
[Section 229 Amended by 25 Geo. V No. 43, s. 3 ][Section 229 Amended by No. 74 of 1975, s. 13 ](1) Any person who –dishonestly converts to his own use or benefit, or to the use or benefit of any other person, the property or any part thereof, or any proceeds thereof, is deemed to steal the property so converted.(a) being entrusted either solely or jointly with any other person with any property in order that he may retain in safe custody or apply, pay or deliver, for any purpose or to any person, the property or any part thereof or any proceeds thereof; or(b) having either solely or jointly with any other person received any property for or on account of any other person –(2) For the purposes of this section, if it be part of the terms on which such property is so entrusted or received that the same, or the proceeds thereof, shall form an item in a debtor and creditor account between the person receiving the same, and the person to whom he is to account for or pay the same, and that such last-mentioned person shall rely only on the personal liability of the other as his debtor in respect thereof, the proper entry of any part of such proceeds in such account shall be deemed a sufficient accounting for the part of the proceeds so entered.(3) A factor or agent shall not be guilty of stealing by pledging or giving a lien on any goods or document of title to goods entrusted to him for the purpose of sale or otherwise if such pledge or lien is for any sum of money not exceeding the amount due to him from his principal at the time of pledging or giving a lien on the same, together with the amount of any bill of exchange or promissory note accepted or made by him for or on account of his principal.(4) The provisions of subsection (1) shall not apply to or affect any trustee under any express trust created by a deed or will or any mortgagee of any property, real or personal, in respect of any act done by the trustee or mortgagee in relation to the property comprised in or affected by such trust or mortgage.
230. Stealing by person holding power of attorney
[Section 230 Amended by No. 74 of 1975, s. 13 ]Any person who, being entrusted, either solely or jointly with any other person, with any power of attorney for the sale, mortgage, pledge, or other disposition of any property, real or personal, dishonestly sells, mortgages, pledges, or otherwise disposes of the same or any part thereof, or dishonestly converts the proceeds of any sale, mortgage, pledge, or other disposition of such property, or any part of such proceeds, to some purpose other than that for which he was entrusted with such power of attorney, shall be deemed to have stolen the property so mortgaged, pledged, or disposed of, or converted, if the same is capable of being stolen, or money to the value thereof if otherwise.
231. Stealing by misappropriation
[Section 231 Amended by 25 Geo. V No. 43, s. 3 ][Section 231 Amended by No. 74 of 1975, s. 13 ](1) Any person who, having received, either solely or jointly with any other person, any money or valuable security, or any other property, with a direction express or implied that such money or any part thereof, or the proceeds or any part of the proceeds of such security or property, shall be applied to any purpose or paid to any person specified in such direction, in violation of good faith and contrary to such direction, dishonestly applies to any other purpose, or pays to any other person, such money or proceeds or any part thereof, shall be deemed to have stolen the property so applied or paid.(2) Where the person receiving such money, security, or power of attorney, and the person from whom he receives it, deal with each other on such terms that all money paid to the former would in the absence of any such direction be properly treated as an item in a debtor and creditor account between them, this section shall not apply unless such direction is in writing.
232. Assisting married persons to take property
Any person who, while a husband and wife are living together, assists either of them in doing, with respect to the property of the other, any act which would constitute stealing if they were not married, knowing that such property is being so dealt with, is deemed to steal such property.
[Section 233 Amended by No. 74 of 1975, s. 13 ]Any person who dishonestly or wantonly abstracts, takes, uses, diverts, or causes to be diverted or wasted, any electricity or electric current the property of any other person, is deemed to steal the same.
Any person who steals anything is guilty of a crime.Charge: Stealing.
Chapter XXV - Crimes Analogous to Stealing
235. Unlawfully dealing with registers and records
Any person who wilfully and unlawfully conceals or destroys any public register or record required to be kept under the provisions of any public general statute or with intent to defraud, removes the same from its proper place of deposit, is guilty of a crime.Charge: Unlawfully dealing with a register [or record].
236. Unlawfully dealing with wills and documents of title
Any person who retains, conceals, cancels, or destroys the whole or any part of any will or other testamentary instrument (whether the testator is living or dead), or of any document which is evidence of title to any property, or of any encumbrance over or dealing with any land, with intent to defraud, is guilty of a crime.Charge: Unlawfully dealing with a testamentary instrument [or document of title].
237. Killing animals with intent to steal
Any person who kills any animal with intent to steal the same or any part thereof is guilty of a crime.Charge: Killing an animal with intent to steal.
238. Severing with intent to steal
Any person who severs anything attached to, or forming part of, any real property with intent to steal the same or any part thereof is guilty of a crime.Charge: Severing with intent to steal.
239. Unlawfully branding animals
Any person who unlawfully brands any animal with a brand registered under any Act with intent to defraud is guilty of a crime.Charge: Unlawfully branding an animal.
Chapter XXVI - Robbery and Extortion
[Section 240 Substituted by No. 29 of 1988, s. 4 ](1) A person who steals anything and, immediately before, at, or immediately after the time of stealing that thing, uses or threatens to use violence to any person or property in order to obtain that thing or to prevent or overcome resistance to the stealing of that thing is guilty of a crime which is called robbery.Charge: Robbery.(2) A person who commits robbery and –is guilty of a crime which is called aggravated robbery.(a) is in company with any other person or persons at the time of committing that robbery; or(b) causes bodily harm to any person immediately before, at, or immediately after the time of committing that robbery –Charge: Aggravated robbery.(3) A person who commits robbery and is armed with a firearm or other dangerous or offensive weapon or instrument at the time of committing that robbery is guilty of a crime which is called armed robbery.Charge: Armed robbery.(4) A person who commits aggravated robbery and is armed with a firearm or other dangerous or offensive weapon or instrument at the time of committing that robbery is guilty of a crime which is called aggravated armed robbery.Charge: Aggravated armed robbery.
[Section 241 Substituted by No. 74 of 1975, s. 7 ](1) Any person who, with a view to temporary or permanent gain for himself or for any other person or with intent to cause temporary or permanent loss to any other person, makes any unwarranted demand with menaces, is guilty of a crime.Charge: Blackmail.(2) For the purposes of subsection (1) –(a) a demand with menaces is unwarranted unless the person making it does so in the belief that –(i) he has reasonable grounds for making the demand; and(ii) the use of the menaces is a proper means of reinforcing the demand; and(b) the nature of the act or omission that constitutes a demand is immaterial, and it is also immaterial whether the menaces relate to action to be taken by the person making the demand.
242. Demanding with menaces with intent to steal
Any person who, with menaces or by force, demands of any person anything capable of being stolen with intent to steal the same, is guilty of a crime.Charge: Demanding property with menaces with intent to steal.
Chapter XXVII - Burglary and Like Crimes[Chapter XXVII of Part VI Heading amended by No. 30 of 1973, s. 8 ]
[Section 243 Substituted by No. 30 of 1973, s. 9 ](1) The crime of burglary is a crime committed in relation to the places to which this chapter applies.(2) Subject to this section, any building or conveyance is a place to which this chapter applies.(3) References in this chapter to a building shall be construed as including references to –(a) any structure or erection attached to or resting on the ground or any other building; and(b) any building, structure, or erection that is in the course of construction or erection or that is partly demolished.(4) For the purposes of this chapter a conveyance means any vehicle, vessel, or aircraft, or any other contrivance intended for the carriage of persons or property over land or water or in the air, but does not include anything intended to be carried by a person or propelled by a person walking.(5) Where a conveyance is not intended to be moved or has become incapable of being moved, whether by reason of any alteration thereto or otherwise, it nevertheless remains a place to which this chapter applies so long as it is ordinarily used for the purposes of human habitation or for the keeping of property, whether the person having a habitation in it or any property is there or not.(6) For the purposes of this chapter but without affecting the generality of the provisions thereof a tent shall be deemed an erection and a caravan a conveyance.(7) Where this chapter applies to any place, any part of that place shall be deemed also to be a place to which this chapter applies.(8) For the purposes of this chapter a person shall be deemed to have entered a place to which this chapter applies when entry thereto is made by the whole or any part of his body or by the whole or any part of any instrument or object that he has with him or that is used by him for the purpose of –(a) gaining entry to that place;(b) abstracting or taking anything therefrom or attempting so to do; or(c) committing any crime therein.
[Section 244 Substituted by No. 30 of 1973, s. 9 ]Any person who enters any place to which this chapter applies as a trespasser, or by means of any threat, artifice, or collusion, with intent to commit a crime therein, is guilty of a crime, which is called burglary.Charge: Burglary.
[Section 245 Substituted by No. 30 of 1973, s. 9 ][Section 245 Amended by No. 99 of 1982, s. 3 and Sched. 2, Pt.II ]Any person who commits burglary and –[Section 246 Repealed by No. 30 of 1973, s. 9 ]. . . . . . . . [Section 247 Repealed by No. 30 of 1973, s. 9 ]. . . . . . . .is guilty of a crime which is called aggravated burglary.(a) [Section 245 Amended by No. 3 of 1997, s. 4, Applied:09 May 1997] at the time he or she commits that burglary –(i) has with him or her any offensive weapon or instrument or any explosive substance; or(ii) [Section 245 Amended by No. 12 of 2000, s. 3, Applied:28 Apr 2000] . . . . . . . .(iii) the place in relation to which the burglary is committed is being used or is ordinarily used for the purposes of human habitation; or(b) [Section 245 Amended by No. 3 of 1997, s. 4, Applied:09 May 1997] uses or offers violence to any person, deprives any person of his or her liberty or otherwise assaults any person–(i) while committing that burglary; or(ii) [Section 245 Amended by No. 3 of 1997, s. 4, Applied:09 May 1997] while he or she is still in or is leaving the place in relation to which the burglary was committed–Charge: Aggravated burglary.
248. Being armed, &c., with intent to commit a crime
[Section 248 Amended by No. 30 of 1973, s. 10 ]Any person who is found –is guilty of a crime.(a) [Section 248 Amended by No. 62 of 2000, Sched. 1, Applied:14 Nov 2000] armed with any dangerous or offensive weapon or instrument, with intent to commit a crime;(b) having in his possession without lawful excuse any instrument for making an entry into a place to which this chapter applies;(c) having his face masked or blackened, or being otherwise disguised, with intent to commit a crime; or(d) in any place to which this chapter applies with intent to commit a crime therein –Charge: Being found prepared for the commission of a crime.
Chapter XXVIII - False Pretences, Cheating, and Frauds Concerning Titles
In this chapter –false pretence means a false representation of fact, made by words or otherwise, which the person making it knows to be false or does not believe to be true; but does not include –(a) a promise as to future conduct not intended to be kept, unless such promise is based upon a fact falsely alleged to exist, or implies the existence of a fact which does not exist;(b) untrue commendation or untrue depreciation of an article, unless such untrue commendation or untrue depreciation is made by means of a definite false assertion as to some matter of fact capable of being positively determined;obtain means an obtaining by the offender from the owner, with an intent on the part of the offender to deprive the owner permanently and entirely of the thing obtained, and it includes cases in which things are obtained by a contract which is obtained by false pretence, unless the obtaining under the contract is merely remotely connected with the false pretence.
250. Obtaining goods by false pretences
Any person who by any false pretence, and with intent to defraud, obtains from any person anything capable of being stolen, or induces any person to deliver to any person anything capable of being stolen, is guilty of a crime.Charge: Obtaining goods by a false pretence.
251. Obtaining execution of a security by false pretences
Any person who by any false pretence, and with intent to defraud, induces any person to execute, make, accept, indorse, alter, or destroy the whole or any part of any valuable security, or to write, impress, or affix any name or seal upon or to any paper or parchment, in order that it may be afterwards made or converted into or used or dealt with as a valuable security, is guilty of a crime.Charge: Obtaining execution of a valuable security by a false pretence.
Any person who, with intent to defraud, by means of any trick or device, obtains from any person, or induces any person to deliver to any person, anything capable of being stolen, is guilty of a crime.Charge: Cheating.
252A. Acquiring a financial advantage
[Section 252A Inserted by No. 74 of 1975, s. 8 ][Section 252A Amended by No. 33 of 1989, s. 4 ](1) Any person who by any deception dishonestly acquires for himself or for any other person any financial advantage is guilty of a crime.Charge: Dishonestly acquiring a financial advantage.(2) For the purposes of subsection (1) deception means any deception (whether deliberate or reckless) by words or conduct as to fact or as to law, including a deception as to the present intentions of the person using the deception or of any other person.
253. Fraud in respect of payment for work
Any person who unlawfully, and without claim of right takes, removes, or conceals anything capable of being stolen, with intent thereby to obtain for himself or for any person not lawfully entitled thereto, any payment for work done in respect of such thing, or with intent to deprive of any such payment any person entitled to the same, is guilty of a crime.Charge: Fraud in respect of payment for work.
254. Fraud on sale or mortgage of property
[Section 254 Amended by 25 Geo. V No. 78 ](1) Any person who, being a seller or mortgagor of any property, or being the solicitor or agent of any such seller or mortgagor, with intent to induce the purchaser or mortgagee to accept the title offered or produced to him, and with intent to defraud –is guilty of a crime.(a) conceals from the purchaser or mortgagee any instrument material to the title, or any incumbrance; or(b) falsifies any pedigree on which the title depends or may depend –Charge: Fraud on disposition of property.(2) No proceedings shall be instituted under this section without the leave of a judge, which may be granted upon the ex parte application of the prosecutor, or, if the judge so directs, upon summons to be served upon the person against whom the proceedings are intended.
255. Fraud as to land under Land Titles Act 1980
[Section 255 Amended by No. 19 of 1980, s. 171 and Sched. 1 ]Any person who, with intent to defraud, by any false statement or other fraudulent means, procures the issue or registration of any certificate of title or other instrument, or the recording of any false entry affecting the title to, or any dealing with, any land held under the Land Titles Act 1980 , or is in any way privy to so doing, is guilty of a crime.Charge: Fraud in relation to land under the Land Titles Act 1980 .
255A. Evidence relating to intention to deceive or defraud
[Section 255A Amended by No. 81 of 2001, s. 4, Applied:01 Jul 2002] On the trial of a person charged with a crime under this Chapter of which an intent to deceive or defraud is an element, it is not necessary to prove an intent to deceive or defraud any particular person.
Any person who, with intent to defraud, places or inserts, or causes to be placed or inserted, in any mine or place or in any sample or specimen, real or pretended, of any mineral or substance usually obtained from a mine, any valuable substance or thing calculated or intended to deceive any person as to the value of any mine or place, is guilty of a crime.Charge: Salting a mine.
257. Concealing mining discoveries
Any person who, with intent to defraud any co-partner or other person having a joint interest with him in any mine or mining tenement or any place that is being or is intended to be worked, searched, or prospected for any valuable substance or thing, conceals from any such person any valuable discovery made, or any substance or thing found therein or thereon, is guilty of a crime.Charge: Fraudulently concealing a mining discovery.
Chapter XXVIIIA - Crimes Relating to Computers[Chapter XXVIIIA of Part VI Inserted by No. 13 of 1990, s. 3 ]
[Section 257A Inserted by No. 13 of 1990, s. 3 ]In this Chapter –data includes information, a computer programme or part of a computer programme;gain access includes to communicate with a computer.
[Section 257B Inserted by No. 13 of 1990, s. 3 ]A person who, with intent to defraud –is guilty of a crime.(a) destroys, damages, erases, alters or otherwise manipulates data stored in, or used in connection with, a computer; or(b) introduces into, or records or stores in, a computer or system of computers by any means data for the purpose of –(i) destroying, damaging, erasing or altering other data stored in that computer or that system of computers; or(ii) interfering with, interrupting or obstructing the lawful use of that computer or that system of computers or the data stored in that computer or system of computers; or(c) otherwise uses a computer –Charge: Computer-related fraud.
[Section 257C Inserted by No. 13 of 1990, s. 3 ]A person who intentionally and without lawful excuse –is guilty of a crime.(a) destroys, damages, erases or alters data stored in a computer; or(b) interferes with, interrupts or obstructs the lawful use of a computer, a system of computers or any part of a system of computers or the data stored in that computer or system of computers –Charge: Damaging computer data.
257D. Unauthorized access to a computer
[Section 257D Inserted by No. 13 of 1990, s. 3 ]A person who, without lawful excuse, intentionally gains access to a computer, system of computers or any part of a system of computers, is guilty of a crime.Charge: Unauthorized access to a computer.
257E. Insertion of false information as data
[Section 257E Inserted by No. 13 of 1990, s. 3 ]A person who dishonestly introduces into, or records or stores in, a computer or a system of computers, by any means, false or misleading information as data is guilty of a crime.Charge: Insertion of false information as data.
257F. Extra-territorial application of this Chapter
[Section 257F Inserted by No. 13 of 1990, s. 3 ](1) If –those sections apply in relation to that act or thing as if it had been done wholly within Tasmania.(a) a person does an act or thing referred to in sections 257B to 257E (both inclusive) outside, or partly outside, Tasmania; and(b) there is a real and substantial link within the meaning of subsection (2) between doing the act or thing and Tasmania –(2) For the purposes of subsection (1) , there is a real and substantial link with Tasmania –(a) if a significant part of the conduct relating to, or constituting, the doing of the act or thing occurred in Tasmania; or(b) where the act or thing was done wholly outside Tasmania or partly within Tasmania, if substantial harmful effects arose in Tasmania.
Chapter XXIX - Receiving Stolen Property and Rewards for Recovery Thereof
258. Receiving stolen property
[Section 258 Amended by 25 Geo V No. 43, s. 3 ](1) Any person who, without lawful excuse, receives or has in his possession any stolen property, knowing it to be stolen property, is guilty of a crime.Charge: Receiving stolen property.(2) For the purposes of the Code, stolen property shall include anything capable of being stolen which has been obtained in this State or elsewhere under circumstances which constitute, or which, if they had occurred in this State would constitute, a crime under any of the provisions of chapters XXIV to XXVII or of this chapter, but shall not include any such thing which, after having been so obtained, has been returned to its owner, or to which any person has acquired a lawful title completed by delivery.(3) In any proceedings under this section –may be given in evidence against the accused in support of the averment of guilty knowledge.(a) the fact that the accused had in his possession other stolen property which had been obtained as aforesaid within 12 months preceding the date of his alleged crime; and(b) the fact that within 3 years preceding his being charged with the crime the accused had been convicted of a crime under any of the provisions of chapters XXIV to XXVII or of this chapter –(4) The facts mentioned in paragraph (b) of subsection (3) shall not be admissible unless –(a) 7 days' notice in writing has been given to the accused of the intention to prove such fact; and(b) evidence has previously been given that the stolen property in respect of which the accused is charged was found or had been in his possession.
259. Taking rewards for stolen property
Any person who corruptly takes or agrees to take any reward, directly or indirectly, under pretence or on account of helping any person to recover any stolen property, is (unless he has used all due diligence to cause to be brought to trial the person who stole or obtained such property) guilty of a crime.Charge: Corruptly taking a reward for recovery of stolen property.
Chapter XXX - Frauds by Trustees and Company Officers: False Accounting: Secret Commissions
260. Fraudulent dealing by trustees
(1) Any trustee who, with intent to defraud, destroys the trust property or any part thereof, or converts the same or any part thereof to any use not authorized by the trust, is guilty of a crime.Charge: Fraudulently dealing with trust property.(2) In this section trustee means –(a) trustees upon express trusts created by a deed, will, or instrument in writing, whether for a public or private or charitable purpose;(b) trustees appointed by or under the authority of a statute for any such purpose;(c) persons upon whom the duties of any such trust as aforesaid devolve;(d) executors and administrators; and(e) receivers, assignees, liquidators, trustees, and other like officers acting under any law relating to companies, bankrupts, or insane persons, by whomsoever appointed or elected.(3) No prosecution shall be instituted under this section against a trustee by any person who has taken civil proceedings against such trustee in respect of the same matter except by leave of the judge of the court in which such civil proceedings were taken or are pending.
261. Officers of companies fraudulently appropriating property, or falsifying accounts
Any person who –is guilty of a crime.(a) being a director or officer of a corporation or company, receives or possesses himself as such of any of the property of the corporation or company, and, with intent to defraud, omits either to make a full and true entry thereof in the books and accounts of the corporation or company, or to cause or direct such entry to be made therein; or(b) being a director or officer, member, or contributory of a corporation or company, with intent to defraud –(i) destroys, alters, mutilates, or falsifies any book, document, valuable security, or account which belongs to the corporation or company, or any entry in any such book, document, or account, or is privy to any such act; or(ii) omits or is privy to omitting any material particular from any such book, document, or account –Charge:(a) Misappropriation as a company officer.(b) Fraud against a company as an officer [or member] [or contributory].
262. False statements by promoters and officers of companies
Any person being –who makes, circulates, or publishes, or is privy to making, circulating, or publishing, any written statement or account which is to his knowledge false in any material particular, with intent to deceive or defraud any member or creditor of such company, or to induce any person, whether a particular person or not, to become a member of such company or to apply for any share in such intended company, or to entrust or advance any property to such company, or to any person for any such intended company, or to enter into any security for the benefit of such company or intended company, is guilty of a crime.(a) a director, officer, or auditor of a company; or(b) engaged or interested in the formation, flotation, or registration of any body of persons as a company –Charge: Fraudulent statement as a promoter [or officer] of a company.
(1) In any proceedings under any of the foregoing provisions of this chapter it shall be a defence to prove that the accused person, before being charged with the crime, and in consequence of the compulsory process of a court of justice in an action or proceeding instituted in good faith by a party aggrieved, or in a compulsory examination or deposition before a court of justice, disclosed on oath the act alleged to constitute the crime.(2) In any such proceedings as aforesaid a statement or admission made by any person in any compulsory examination or deposition before any court on the hearing of any matter in bankruptcy or in any statement verified by oath filed for the purposes of any such matter, or in any compulsory examination in the winding-up of a company, shall not be admissible in evidence against such person.(3) No person shall be entitled to refuse to answer any question or interrogatory in any civil proceeding in any court, on the ground that his doing so might tend to show that he had committed any crime under the foregoing provisions of this chapter.
264. Fraudulent false accounting
Any person, being a clerk or servant, or being employed or acting in the capacity of a clerk or servant, who, with intent to defraud –is guilty of a crime.(a) destroys, alters, mutilates, or falsifies any book, document, valuable security or account, which belongs to or is in the possession of his employer, or has been received by him on account of his employer, or any entry in any such book, document, or account, or is privy to any such act; or(b) omits or is privy to omitting any material particular from any such book, document, or account –Charge: Fraud as a clerk or servant.
265. False accounting by public officer
Any public officer charged with the receipt, custody, or management of any part of the public revenue or property who knowingly furnishes any false statement or return of any money or property received by him or entrusted to his care, or of any balance of money in his possession or under his control, is guilty of a crime.Charge: Falsely accounting as a public officer.
(1) Any person who –any gift or consideration as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act in relation to the principal's affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to the same, is guilty of a crime.(a) corruptly gives or agrees to give, or offers to an agent, or to any other person on his behalf; or(b) being an agent, corruptly solicits, receives, obtains, or agrees to accept for himself or any person other than his principal –Charge: Corruption in relation to business.(2) Any person who knowingly gives to an agent, or any agent who knowingly receives or uses with intent to deceive his principal, any receipt, account, or other document in respect of which his principal is interested, or which relates to any dealing, transaction, or matter in which his principal is interested, and which contains any statement which is false or erroneous, or defective in any material particular, is guilty of a crime.Charge: Corruptly using a false document.(3) For the purposes of this section –(a) agent includes any person employed by or acting for another, and any person serving under the Crown or under any corporation or public body;(b) consideration means any kind of valuable consideration;(c) principal includes any employer.(4) In any proceedings under this section, where it is proved that any consideration has been solicited or received by an agent from, or given or offered to an agent by, any person having business relations with the principal, the burden of proving that such consideration was not solicited, received, given, or offered in contravention of the provisions of this section shall be on the accused.(5) In any such proceedings as aforesaid it shall be a defence to prove that the consideration was solicited, received, given, or offered with the principal's knowledge, and that he was aware of all facts material to the transaction.
266A. Evidence relating to intention to defraud
[Section 266A Amended by No. 81 of 2001, s. 4, Applied:01 Jul 2002] On the trial of a person charged with a crime under this Chapter of which an intent to deceive or defraud is an element, it is not necessary to prove an intent to deceive or defraud any particular person.
266B. Evidence on certain charges relating to money, goods and advantages
[Section 266B Amended by No. 81 of 2001, s. 4, Applied:01 Jul 2002](1) On the trial of a person charged with a crime under this Chapter or Chapters XXIV, XXV, XXVIII or XXVIIIA in relation to money, goods, financial advantage or other advantage, an entry in any book of account or any other records made by any means, including computer or other technological methods and kept by that person or kept in, under or subject to that person's charge or supervision, purporting to be an entry of the receipt of any money, goods, financial advantage or other advantage is evidence that the money, goods, financial advantage or other advantage was received, obtained or acquired by that person or another person.(2) On the trial of a person charged with a crime referred to in subsection (1) , it is not necessary to prove that the person or another person received, obtained or acquired any specific sum of money, specific goods or specific advantage to a specific degree if –(a) on examination of the books of account or any other records referred to in subsection (1) or of entries kept by that person or kept in, under or subject to that person's charge or supervision or by any other evidence, there is proof of a general deficiency; and(b) the jury is satisfied that the person was guilty as charged.
Chapter XXXI - Arson and Other Unlawful Injuries to Property
(1) Every injury to property which is caused with intent to defraud is unlawful, although caused by the owner of such property.(2) No person is justified in causing any injury to property by the fact that he has a partial interest therein.(3) An act causing injury to property shall not constitute a crime under this chapter unless it is done wilfully and without claim of right.
[Section 268 Amended by No. 17 of 1985, s. 4 ][Section 268 Amended by No. 7 of 1989, s. 5 ]Any person who unlawfully sets fire to any building, erection, or structure whatever, whether the same is completed or not, or to any stack or heap of cultivated vegetable produce, or of timber, or of mineral or vegetable fuel, or to any mine, or to any ship or vessel, whether completed or not, is guilty of a crime, which is called arson.Charge: Arson.
268A. Unlawfully setting fire to crops, forest, moorland, peat, &c.
[Section 268A Inserted by No. 17 of 1985, s. 5 ](1) Any person who unlawfully sets fire to any vegetation, whether live or dead, is guilty of a crime.Charge: Unlawfully setting fire to vegetation.(2) Without limiting the generality of subsection (1) , a reference to vegetation in that subsection includes a reference to –(a) any cultivated vegetable produce, whether standing or cut;(b) any crop of hay or grass, whether the natural or indigenous product of the soil or not, whether under cultivation or not, and whether standing or cut;(c) any forest, standing tree, sapling, or shrub, whether indigenous or cultivated;(d) any moorland, heath, scrub, fern, tussocks, sags, gorse or other weeds; or(e) any peat, humus, litter, bark, stump, or log.
269. Unlawfully setting fire to property
[Section 269 Amended by No. 17 of 1985, s. 6 ]Any person who unlawfully sets fire to any property not comprised in section 268 or 268A is guilty of a crime.Charge: Unlawfully setting fire to property.
269A. Causing a fire with intent to injure person or property
[Section 269A Inserted by No. 44 of 1979, s. 3 ]A person who puts or places flammable or combustible material, or does any other act, in any place, for the purpose of causing a fire with intent to injure any person or property is guilty of a crime.Charge: Causing a fire with intent to injure a person or property.
270. Casting away ships and endangering vessels
Any person who unlawfully –is guilty of a crime.(a) casts away or destroys any ship, whether complete or not;(b) does any act which tends to the immediate loss or destruction of a ship in distress; or(c) with intent to bring a vessel into danger, interferes with any light, beacon, mark, or signal, used for purposes of navigation, or for the guidance of seamen, or exhibits any false light or signal –Charge:(a) Casting away [or destroying] a ship.(b) Endangering a vessel.(c) Endangering a vessel.
271. Unlawfully interfering with railways
Any person who, with intent to obstruct the use of a railway or to injure any property thereon, does any of the acts or makes any of the omissions specified in section 174 , is guilty of a crime.Charge: Unlawfully interfering with a railway.
272. Injuring public utilities
Any person who unlawfully does any act or makes any omission causing damage or injury to –is guilty of a crime.(a) any public reservoir, waterworks, or water-supply, or any spring or stream supplying the same;(b) any gasworks, electric light or power plant, machinery, works, or appliances used for supplying light or power to the public; or(c) any public bridge, whether over any stream or not, or any viaduct or aqueduct, over or under any of which any railway, highway, or canal shall pass, whereby any such thing as aforesaid is destroyed or rendered dangerous or impassable –Charge: Unlawfully injuring a public utility.
273. Unlawful injuries in general
Any person who unlawfully destroys or injures any property is guilty of a crime.Charge: Unlawfully injuring property.
274. Killing or wounding cattle
(1) Any person who unlawfully kills, maims, or wounds any cattle, is guilty of a crime.Charge: Unlawfully killing [or maiming] [or wounding] cattle.(2) For the purposes of this section cattle includes horses, oxen, mules, asses, sheep, and swine, of any sex or age.
275. Interfering with boundary marks
Any person who unlawfully, and with intent to defraud, moves, destroys, or defaces any object or mark which has been lawfully erected or made as an indication of the boundary of any land, is guilty of a crime.Charge: Interfering with a boundary mark.
276. Sending letters threatening to burn or destroy, &c.
Any person who, knowing the contents thereof, directly or indirectly causes any person to receive any writing threatening that any property shall be unlawfully burnt, destroyed, or injured, is guilty of a crime.Charge: Causing a person to receive a letter threatening injury to property.
276AA. False threats of danger
[Section 276AA Inserted by No. 30 of 1973, s. 11 ]A person who makes a statement or conveys information, being a statement or information that he knows to be false, to the effect that, or from which it could be reasonably inferred that, some act has been, will be, or is likely to be, done at any place that is of such a nature as to give rise, or be likely to give rise, to serious risk of danger to persons or property at or near that place, is guilty of a crime.Charge: Making false threats of danger.
Chapter XXXIA - Crimes Relating to Aircraft[Chapter XXXIA of Part VI Inserted by No. 33 of 1965, s. 5 ]
[Section 276A Inserted by No. 33 of 1965, s. 5 ]Any person who, with intent to cause the death of, or with reckless indifference to the safety of the life of, a person, destroys an aircraft is guilty of a crime.Charge: Destroying an aircraft with intent to endanger life.
276B. Prejudicing safe operation of aircraft
[Section 276B Inserted by No. 33 of 1965, s. 5 ](1) Any person who does an act or thing capable of prejudicing the safe operation of an aircraft –is guilty of a crime.(a) with intent to prejudice the safe operation of that aircraft; and(b) with intent to cause the death of a person or with reckless indifference to the safety of the life of a person –Charge: Prejudicing the safe operation of an aircraft with intent to endanger life.(2) Any person who does any act or thing capable of prejudicing the safe operation of an aircraft with intent to prejudice the safe operation of that aircraft is guilty of a crime.Charge: Prejudicing the safe operation of an aircraft.
276C. Endangering safety of aircraft
[Section 276C Inserted by No. 33 of 1965, s. 5 ]Any person who, while on board an aircraft, does any act or thing that to his knowledge is likely to endanger the safety of the aircraft is guilty of a crime.Charge: Endangering the safety of an aircraft.
276D. Taking control of aircraft
[Section 276D Inserted by No. 33 of 1965, s. 5 ](1) Any person who, unlawfully, by force or violence, or by threat of force or violence, or by any trick or false pretence, takes or exercises control, whether direct or through another person, of an aircraft while another person, not being an accomplice of the first-mentioned person, is on board the aircraft is guilty of a crime.Charge: Taking control of an aircraft by force or deceit while another person is on board.(2) Any person who unlawfully takes or exercises control, whether direct or through another person, of an aircraft while another person, not being an accomplice of the first-mentioned person, is on board the aircraft is guilty of a crime.Charge: Taking control of an aircraft while another person is on board.(3) Any person who unlawfully takes or exercises control, whether direct or through another person, of an aircraft is guilty of a crime.Charge: Taking control of an aircraft.
276E. Interference with crew of aircraft
[Section 276E Inserted by No. 33 of 1965, s. 5 ](1) A person who, while on board an aircraft, assaults, intimidates, or threatens with violence, a member of the crew of the aircraft so as to interfere with the performance by that member of the crew of his functions or duties connected with the operation of the aircraft or so as to lessen his ability to perform those functions or duties is guilty of a crime.Charge: Interference with a member of the crew of an aircraft.(2) In this section member of the crew when used in relation to an aircraft, means a person having duties or functions on board the aircraft.
276F. Threats, &c., with respect to safety of aircraft, &c.
[Section 276F Inserted by No. 33 of 1965, s. 5 ](1) A person who threatens, or states that it is his intention, or makes a statement from which it could reasonably be inferred that it is his intention, to destroy, damage or endanger the safety of an aircraft, or to kill or injure all or any of the persons on board an aircraft is guilty of a crime.Charge: Making threats in relation to an aircraft.(2) A person who makes a statement or conveys information, being a statement or information that he knows to be false, to the effect that, or from which it could reasonably be inferred that, there has been, is, or is to be a plan, proposal, attempt, conspiracy, or threat to –is guilty of a crime.(a) take or exercise control, by force or violence, of an aircraft;(b) destroy, damage, or endanger the safety of, an aircraft; or(c) kill or injure all or any of the persons on board an aircraft –Charge: Making false threats in relation to aircraft.
276G. Dangerous goods on aircraft
[Section 276G Inserted by No. 33 of 1965, s. 5 ](1) Any person who –is guilty of a crime.(a) carries or places dangerous goods on board an aircraft; or(b) has dangerous goods in his possession on board an aircraft –Charge: Causing dangerous goods to be on board an aircraft.(2) Any person who delivers dangerous goods to a person for the purpose of their being placed on board an aircraft is guilty of a crime.Charge: Delivering dangerous goods for the purpose of their being placed on board an aircraft.(3) In any proceedings under this section it is a defence to prove that the act to which the proceedings relate was done –(a) with the consent of the owner or operator of the aircraft given with a knowledge of the nature of the goods concerned; or(b) with authority or permission granted or subsisting by virtue of any law of the Commonwealth.(4) In this section dangerous goods means –(a) firearms, ammunition, weapons, and explosive substances; and(b) substances or things that, by reason of their nature or condition, may endanger the safety of an aircraft or of persons on board an aircraft.(5) References in this section to a law of the Commonwealth shall be construed as including references to any law having effect by virtue of the Air Navigation Act 1937 .
Chapter XXXII - Forgery and Uttering
[Section 277 Amended by 25 Geo. V No. 43, s. 3 ][Section 277 Amended by No. 30 of 1973, s. 12 ](1) In this chapter –bank note means any note or bill of exchange of any person, body corporate, or company carrying on the business of banking in any part of the world, and includes a bank bill, bank post bill, blank bank note, blank bank bill of exchange, and blank bank post bill;die includes any chip or token that may be used in exchange for money and any plate, type, tool, or implement whatsoever, and also any part of any die, plate, type, tool, or implement, and any stamp or impression thereof, or any part of such stamp or impression;revenue paper means any paper provided by the proper authority for the purpose of being used for stamps, licences, permits, post-office money orders, or postal orders, or for any purpose whatever connected with the public revenue;seal includes any stamp or impression of a seal or any stamp or impression made or apparently intended to resemble the stamp or impression of a seal, as well as the seal itself;stamp includes a stamp impressed by means of a die as well as an adhesive stamp;to forge means to make a false document in order that it may be used as genuine, and in the case of a seal or die, to counterfeit such seal or die; and the doing of any such act is forgery;to utter means to use, offer, publish, deliver, dispose of, tender in payment or in exchange, expose for sale or exchange, exchange, tender in evidence or put off any forged document, seal, or die, with intent to defraud, knowing the same to be forged wheresoever the same may have been forged;treasury bill includes exchequer bill, exchequer bond, exchequer debenture, inscribed stock certificate, and war bond.(2) A document is false within the meaning of this section if the whole or any material part thereof purports to be made by or on behalf or on account of any person who did not make it nor authorize its making; or, if, though made by or on behalf or on account of the person by whom or by whose authority it purports to have been made, the time or place of making, if material, or, in the case of a document identified by number or mark, the number or any distinguishing mark identifying the document, is falsely stated therein; and, in particular, a document is false if –or if for any reason other than those hereinbefore enumerated the document is so made as to be calculated to mislead.(a) any material alteration, whether by addition, insertion, obliteration, erasure, removal, or otherwise has been made therein;(b) if the whole or some material part purports to be made by or on behalf of a fictitious or deceased person; or(c) though made in the name of an existing person it is made by him or by his authority with the intention that it should pass as having been made by some person, real or fictitious, other than the person who made or authorized it –(3) For the purposes of this chapter –(a) it is immaterial in what language a document is expressed or in what country it is expressed to take effect;(b) forgery of a document may be complete even if the document when forged is incomplete, or is not or does not purport to be such a document as would be binding in law;(c) in any case in which the crossing of a document is authorized or recognized by law, the crossing is a material part of the document.(4) Any person who, by means of any false representation as to the nature, contents, or operation, of a document, procures another to sign or execute the document, is deemed to have forged the document, and the document is deemed to be forged.
Any person who forges any document, seal, or die, with intent to defraud, is guilty of a crime.Charge: Forgery.
Any person who utters any forged document, seal, or die, is guilty of a crime.Charge: Uttering.
280. Obtaining property by false documents or dies
[Section 280 Amended by No. 30 of 1973, s. 13 ]Any person who, with intent to defraud, demands, receives, or obtains or procures to be delivered, paid, or transferred to any person any property whatever upon or by virtue of –is guilty of a crime.(a) any forged document whatsoever, knowing it to be forged;(b) any probate or letters of administration knowing the testamentary writing on which such probate or letters of administration shall have been obtained to have been forged or knowing such probate or letters of administration to have been obtained by any false oath, affirmation, or affidavit; or(c) any forged die, knowing it to be forged –Charge:(a) Obtaining property on a forged document.(b) Obtaining property on a document obtained by false evidence.(c) Obtaining property on a forged die.
281. Purchasing, &c., forged bank notes
Any person who, without lawful authority or excuse, purchases or receives from any person, or has in his possession, a forged bank note, knowing it to be forged, is guilty of a crime.Charge: Unlawfully purchasing [or receiving] [or having in possession] a forged bank note.
282. Falsifying registers and records
Any person having the actual custody of any register or record required by any public general statute to be kept who makes, or permits to be made therein, any entry which to his knowledge is false in any material particular, is guilty of a crime.Charge: Falsifying [or permitting the falsification of] a register [or record].
283. Procuring unauthorized status: Fraudulently misrepresenting status
Any person who –is guilty of a crime.(a) by any representation, which he knows to be false, procures to be issued to any person by any person thereunto authorized by any public general statute a document certifying that the holder thereof is entitled to any right, privilege, or status;(b) with intent to defraud, falsely represents to any person that he has obtained, or is the holder of, any such document; or(c) by any representation which he knows to be false, procures himself or any other person to be registered as a person entitled to any such document, or as a person entitled to any right, privilege, or status –Charge:(a) Procuring unauthorized status.(b) Fraudulently misrepresenting status.(c) Procuring unauthorized status.
284. Supplying false copies of rules, &c.
Any person who, with intent to deceive or defraud, gives or sends to any person a document which purports to be a copy of the memorandum or articles of association or other constitution of a corporation or company, or of the rules or by-laws of any corporation, company, or society, constituted under the authority of any statute, or to be a copy of a list of the members of any such corporation, company, or society, knowing that the same is not a true copy thereof, is guilty of a crime.Charge: Fraudulently using a false copy of a document relating to a company or society.
285. Being in possession of materials for forgery
Any person who –is guilty of a crime.(a) makes, uses, or knowingly has in his custody or possession any paper intended to resemble and pass as –(i) special paper, such as is provided and used for making any bank note or treasury bill; or(ii) revenue paper;(b) makes, uses, or knowingly has in his custody or possession, any frame, mould, or instrument for making such paper, or for producing in or on such paper any words, figures, letters, marks, lines, or devices peculiar to and used in or on any such paper;(c) engraves or in anywise makes upon any plate, wood, stone, or other material, any words, figures, letters, marks, lines, or devices, the print whereof resembles, in whole or in part, any words, figures, letters, marks, lines, or devices peculiar to and used in or on any bank note, or, in or on any document entitling or evidencing the title of any person to any share or interest in any public stock, annuity, fund, or debt of any part of His Majesty's dominions, or of any foreign state, or in any stock, annuity, fund, or debt of any body corporate, company, or society, whether within or without His Majesty's dominions;(d) uses or knowingly has in his custody or possession any plate, wood, stone, or other material, upon which any such words, figures, letters, marks, lines, or devices have been engraved, or in anywise made as aforesaid; or(e) uses or knowingly has in his custody or possession, any paper upon which any such words, figures, letters, marks, lines, or devices have been printed, or in anywise made as aforesaid –Charge: Unlawfully using [or having in possession] materials for forgery.
286. Being unlawfully in possession of revenue paper, &c.
Any person who, without lawful authority or excuse, purchases, receives, or knowingly has in his custody or possession –is guilty of a crime.(a) any special paper provided and used for making treasury bills or any revenue paper, before such paper has been duly stamped, signed, and issued for public use;(b) any die peculiarly used in the manufacture of any such paper; or(c) any forged representation or imitation of any such thing as aforesaid –Charge: Unlawfully purchasing [or having in possession] revenue paper [or a die for revenue paper].
287. Fraudulently using stamps, &c.
Any person who, with intent to defraud –is guilty of a crime.(a) knowing the same to be forged, uses any forged stamp or die;(b) uses any genuine stamp or seal which, for the purpose of being again used, has been removed from any document or thing to which it had been affixed or attached, or upon which it had been impressed;(c) removes for such purpose as aforesaid any stamp or seal from any material upon which it had been used; or(d) erases or removes from any stamped material any figure, letter, or word with intent that the stamp thereon may be again used –Charge: Fraudulently using a stamp [or seal] [or die].
Chapter XXXIIA - Crimes Relating To List A Diseases of Animals[Chapter XXXIIA of Part VI Inserted by No. 75 of 1995, s. 3 and Sched. 1 ]
[Section 287A Inserted by No. 75 of 1995, s. 3 and Sched. 1 ]In this Chapter, unless the contrary intention appears –animal has the same meaning as in the Animal Health Act 1995 ;List A disease has the same meaning as in the Animal Health Act 1995 ;List A disease agent has the same meaning as in the Animal Health Act 1995 .
287B. Possession or administration of List A disease agents
[Section 287B Inserted by No. 75 of 1995, s. 3 and Sched. 1 ](1) A person who introduces a List A disease into Tasmania is guilty of a crime.Charge: Introducing a List A disease.(2) A person who –is guilty of a crime.(a) is in possession of a List A disease agent; or(b) [Section 287B Amended by No. 10 of 2004, Sched. 1, Applied:09 Jun 2004] administers a List A disease agent, or causes or permits the administration of a List A disease agent, directly or indirectly, to an animal, animal material or class of animal or animal material; or(c) [Section 287B Amended by No. 10 of 2004, Sched. 1, Applied:09 Jun 2004] threatens to administer a List A disease agent, directly or indirectly, to an animal, animal material or class of animal or animal material –Charge: Possession or administration of List A disease agent.(2A) [Section 287B Amended by No. 10 of 2004, Sched. 1, Applied:09 Jun 2004] A person who knowingly or recklessly exposes an animal, animal material or class of animal or animal material to a List A disease is guilty of a crime.Charge: Exposure to a List A disease.(3) [Section 287B Amended by No. 10 of 2004, Sched. 1, Applied:09 Jun 2004] Subsections (1) , (2) and (2A) do not apply to a person who–(a) [Section 287B Amended by No. 10 of 2004, Sched. 1, Applied:09 Jun 2004] is authorised under the Animal Health Act 1995 to import, administer or be in possession of a List A disease agent or expose an animal or animal material to a List A disease; and(b) is acting in accordance with that authorisation.
Chapter XXXIIB - Contamination of Goods
[Section 287C of Part VI Inserted by No. 3 of 1999, s. 5, Applied:07 Apr 1999] In this Chapter, a reference to economic loss caused through public awareness of the contamination of goods includes a reference to economic loss caused through –(a) members of the public not purchasing or using those goods or similar goods; or(b) steps taken to avoid public alarm or anxiety or to avoid harm to members of the public.
287D. Contaminating goods with intent to cause public alarm or economic loss
[Section 287D of Part VI Inserted by No. 3 of 1999, s. 5, Applied:07 Apr 1999] A person who contaminates goods with the intention of –is guilty of a crime.(a) causing public alarm or anxiety; or(b) causing economic loss through public awareness of the contamination –Charge: Contaminating goods.
287E. Threatening to contaminate goods with intent to cause public alarm or economic loss
[Section 287E of Part VI Inserted by No. 3 of 1999, s. 5, Applied:07 Apr 1999](1) A person who makes a threat that goods will be contaminated with the intention of –is guilty of a crime.(a) causing public alarm or anxiety; or(b) causing economic loss through public awareness of the contamination –Charge: Threatening to contaminate goods.(2) For the purposes of this section, a threat may be made by any conduct, and may be explicit or implicit and conditional or unconditional.
287F. Making false statements concerning contamination of goods with intent to cause public alarm or economic loss
[Section 287F of Part VI Inserted by No. 3 of 1999, s. 5, Applied:07 Apr 1999](1) A person who makes a statement that the person believes to be false –is guilty of a crime.(a) with the intention of inducing the person to whom the statement is made or other persons to believe that goods have been contaminated; and(b) with the intention of –(i) causing public alarm or anxiety; or(ii) causing economic loss through public awareness of the contamination –Charge: Making false statements concerning contamination.(2) For the purposes of this section, making a statement includes conveying information by any means.
287G. Territorial nexus for offences
[Section 287G of Part VI Inserted by No. 3 of 1999, s. 5, Applied:07 Apr 1999] It is immaterial that the conduct of a person constituting an offence under this Chapter occurred outside Tasmania, if the person intended by that conduct –(a) to cause public alarm or anxiety in Tasmania; or(b) to cause economic loss in Tasmania through public awareness of the contamination.
PART VII - Frauds by Personation and Relating to Trade
Chapter XXXIII - Personation
Any person who, with intent to defraud, falsely represents himself to be some person, living or dead, other than he is, is guilty of a crime.Charge: Personation.
289. Personating witnesses and jurors
Any person who personates any person called as a witness in a judicial proceeding, or as a juror, is guilty of a crime.Charge: Personating a witness [or juror].
290. Personating public officers
Any person who, with intent to defraud or to exercise any unlawful authority, personates any public officer, or falsely represents himself to be a public officer, is guilty of a crime.Charge: Personating [or falsely assuming authority of] a public officer.
291. Falsely acknowledging deeds, recognizances, &c.
Any person who, without lawful authority or excuse, makes, in the name of any other person, before any court or person lawfully authorized to take the same, an acknowledgment of liability of any kind, or of a deed or other instrument, is guilty of a crime.Charge: Falsely acknowledging a liability [or an instrument].
Chapter XXXIV - Fraudulent Debtors
For the purposes of this chapter an insolvent means a person who has been adjudged bankrupt, or whose affairs are in course of liquidation by arrangement under the law relating to bankruptcy, and who, in either case, has not been granted a discharge; and the insolvency of such a person shall be deemed to commence on the date of the order of adjudication, or of the resolution that his affairs be liquidated by arrangement, as the case may be; and bankruptcy petition includes a petition for liquidation by arrangement.
[Section 293 Amended by No. 55 of 1965, s. 5 ]An insolvent shall, in each of the cases following, be guilty of a crime:(a) If he does not, to the best of his knowledge and belief, fully and truly discover to the trustee all his property, real and personal, and how and to whom, and for what consideration and when, he disposed of any part thereof, except such part as has been disposed of in the ordinary way of his trade, if any, or laid out in the ordinary expense of his family, unless he proves that he had no intent to defraud.Charge: Being an insolvent, failing to make full discovery of property;(b) If he does not deliver up to the trustee, or as he directs, all such part of his real and personal property as is in his custody or under his control, and which he is required by law to deliver up, unless he proves that he had no intent to defraud.Charge: Being an insolvent, failing to deliver up property;(c) If he does not deliver up to the trustee, or as he directs, all books, documents, papers, and writings in his custody or under his control relating to his property or affairs, unless he proves that he had no intent to defraud.Charge: Being an insolvent, failing to deliver up documents;(d) If, after the presentation of a bankruptcy petition by or against him, or within 6 months next before such presentation, he conceals any part of his property, to the value of $20 or upwards, or conceals any debt due to or from him, unless he proves that he had no intent to defraud.Charge: Being an insolvent, concealing property [or liabilities];(e) If, after the presentation of a bankruptcy petition by or against him, or within 6 months next before such presentation, he fraudulently removes any part of his property to the value of $20 or upwards.Charge: Being an insolvent, fraudulently removing property;(f) If he makes any material omission in any statement relating to his affairs, unless he proves that he had no intent to defraud.Charge: Being an insolvent, making fraudulent statement of affairs;(g) If, knowing or believing that a false debt has been proved by any person under the insolvency, he fails for the period of a month to inform the trustee thereof.Charge: Being an insolvent, failing to inform trustee of false claim;(h) If, after the presentation of a bankruptcy petition by or against him, he prevents the production of any book, document, paper, or writing affecting or relating to his property or affairs, unless he proves that he had no intent to conceal the state of his affairs or to defeat the law.Charge: Being an insolvent, preventing production of documents;(i) If, after the presentation of a bankruptcy petition by or against him, or within 6 months next before such presentation, he conceals, destroys, parts with, mutilates, alters, makes any omission in, or otherwise falsifies, or is privy to the concealment, destruction, parting with, mutilation, alteration, omission in, or falsification of any book or document affecting or relating to his property or affairs, unless he proves that he had no intent to conceal the state of his affairs or to defeat the law.Charge: Being an insolvent, fraudulently dealing with documents;(j) If, after the presentation of a bankruptcy petition by or against him, or within 6 months next before such presentation, he makes or is privy to the making of any false entry in any book or document affecting or relating to his property or affairs, unless he proves that he had no intent to conceal the state of his affairs, or to defeat the law.Charge: Being an insolvent, making a false entry;(k) If, after the presentation of a bankruptcy petition by or against him, or at any meeting of his creditors within 6 months next before such presentation, he attempts to account for any part of his property by alleging fictitious losses or expenses.Charge: Being an insolvent, alleging fictitious losses [or expenses];(l) If, within 6 months next before the presentation of a bankruptcy petition by or against him, he, by any false representation or other fraud, has obtained any property on credit and has not paid for the same.Charge: Being an insolvent, obtaining credit by fraud;(m) If, within 6 months next before the presentation of a bankruptcy petition by or against him, he obtained under the false pretence of carrying on business, and, if a trader, of dealing in the ordinary way of his trade, any property on credit and has not paid for the same, unless he proves that he had no intent to defraud.Charge: Being an insolvent, obtaining credit by false pretence;(n) If, within 6 months next before the presentation of a bankruptcy petition by or against him, he pawns, pledges, or disposes of any property which he has obtained on credit and has not paid for, unless, in the case of a trader, such pawning, pledging, or disposing is in the ordinary way of his trade, and unless in any case he proves that he had no intent to defraud.Charge: Being an insolvent, fraudulently disposing of property obtained on credit;(o) If he is guilty of any false representation or other fraud for the purpose of obtaining the consent of his creditors or any of them to an agreement with reference to his affairs or to his insolvency.Charge: Being an insolvent, fraudulently misleading creditors.
[Section 294 Amended by No. 55 of 1965, s. 5 ]An insolvent who –shall be guilty of a crime.(a) either alone or jointly with any other person obtains credit to the extent of $20 or upwards from any person without informing that person that he is an insolvent; or(b) engages in any trade or business under a name other than that under which he became an insolvent without disclosing to all persons with whom he enters into any business transactions the name under which he became an insolvent –Charge:(a) Being an insolvent, obtaining credit without disclosing insolvency.(b) Being an insolvent, changing trade name, without disclosing former name.
295. Incurring losses by speculation: Failing to account for losses
(1) An insolvent who, having been engaged in any trade or business, and having outstanding at the date of the commencement of his insolvency any debts contracted in the course and for the purposes of such trade or business –shall be guilty of a crime.(a) has, within 2 years prior to the presentation of the bankruptcy petition, materially contributed to or increased the extent of his insolvency by gambling or by rash and hazardous speculations, and such gambling or speculations are unconnected with his trade or business;(b) has, between the date of the presentation of the petition and the date of his becoming an insolvent, lost any part of his estate by such gambling or rash and hazardous speculations as aforesaid; or(c) on being required by the trustee at any time, or by the court, in the course of his public examination, to account for the loss of any substantial part of his estate incurred within a period of a year next preceding the date of his becoming an insolvent, he fails to give a satisfactory explanation of the manner in which such loss was incurred –Charge:(a) Being an insolvent incurring losses by speculation.(b) Being an insolvent incurring losses by speculation.(c) Being an insolvent, failing to account for losses.(2) In determining for the purposes of this section whether any speculations were rash and hazardous, the financial position of the accused person at the time when he entered into the speculations shall be taken into consideration.(3) A prosecution shall not be instituted against any person under this section except by order of the Supreme Court, nor where the insolvency occurs within 2 years from 1st April 1924.
(1) If any person –he shall be guilty of a crime.(a) in incurring any debt or liability has, with intent to defraud, obtained credit by a false pretence or by means of any other fraud;(b) with intent to defraud his creditors or any of them, has made or caused to be made any gift or transfer of, or charge on, his property; or(c) with intent to defraud his creditors or any of them, has concealed or removed any part of his property since, or within 2 months before, the date of any unsatisfied judgment or order for payment of money obtained against him –Charge: Fraud on a creditor.(2) For the purposes of this section a person who obtains a judgment against any such person shall be deemed to have been a creditor at the date on which any such act as aforesaid is alleged to have been done, if the suit or action in which such judgment is obtained had been instituted at that date.
PART VIII - Conspiracies and Crimes Relating to Other Crimes
Chapter XXXV - Conspiracies: Inciting: Attempts: Accessories
[Section 297 Amended by No. 68 of 1994, s. 3 and Sched. 1 ](1) Any person who conspires with another –is guilty of a crime.(a) to kill any person, whether a subject of His Majesty or not, and whether he is in this State or elsewhere, under circumstances which, if he were killed in this State, would constitute murder;(b) to obstruct, prevent, pervert, or defeat the due course of justice, or the administration of the law, whether such purpose is to be effected in this State or elsewhere;(c) to commit any crime;(d) to cheat or defraud the public, or any particular person, or class of persons;(e) to extort, by any means, any property whatever from any person;(f) to inflict by any unlawful means any injury or harm upon the public, or any particular person or class of persons;(g) to facilitate the seduction of a woman;(h) to do any act involving, and known to be likely to involve, public mischief; or(i) to do any act without lawful justification or excuse with intent thereby to injure any person –Charge: Conspiracy.(2) A husband and wife are not criminally responsible for any conspiracy between themselves only.(3) Nothing in this section shall affect the provisions of the Trades Unions Act 1889 .
298. Inciting to commit crimes
Any person who incites another to commit a crime is guilty of a crime.Charge: Inciting to commit [specify particular crime].
299. Attempts to commit crimes
Any person who attempts to commit a crime is guilty of a crime.Charge: Attempting to commit [specify particular crime].
300. Accessories after the fact
Any person who becomes an accessory after the fact to any crime is guilty of a crime.Charge: Being an accessory after the fact to [specify particular crime].
PART IX - Procedure
Chapter XXXVI - Duties as to Arrest and Detainer
301. Duty of persons arresting
(1) It is the duty of a person executing any process or warrant to have it with him, and to produce it if required.(2) It is the duty of a person arresting another, whether with or without warrant, to give notice, if practicable, of the process or warrant under which he is acting, or of the cause of the arrest.(3) A failure to fulfil either of the aforesaid duties shall not of itself deprive the person executing the process or warrant or making the arrest, or his assistants, of protection from criminal responsibility, but shall be relevant to the question whether the process or warrant might not have been executed or the arrest made by reasonable means in a less forcible manner.
302. Duties of police officers
It is the duty of every police officer to arrest any person against whom an accusation has been made to him of having committed a crime for which he may be arrested without warrant, unless he has reasonable grounds for believing such accusation to be without foundation.
[Section 303 Amended by No. 72 of 1995, s. 18 ](1) . . . . . . . .(2) It is the duty of every police officer to receive into custody any person arrested by a private person and charged with an offence.
Chapter XXXVII - Bail: Trial by Magistrate
304. Bail: Procedure on application for bail
[Section 304 Amended by No. 77 of 1986, s. 4 ][Section 304 Amended by No. 72 of 1993, s. 3 ][Section 304 Amended by No. 10 of 1994, s. 6 and Sched. 1 ](1) The Supreme Court may admit to bail any person who has been committed for trial, or is in custody, upon a charge of a crime, although bail has been previously refused to such person.(2) An application under this section may be made to a judge in chambers upon summons. A copy of such summons shall be served upon the Director of Public Prosecutions.(3) . . . . . . . .(4) . . . . . . . .
305. Appeal as to bail to Court of Criminal Appeal or Full Court
[Section 305 Substituted by No. 10 of 1994, s. 6 and Sched. 1 ][Section 306 Repealed by No. 10 of 1994, s. 6 and Sched. 1 ]. . . . . . . .(1) An accused person who is aggrieved by –(a) an order of a judge of the Supreme Court refusing bail; or(b) a condition imposed by a judge of the Supreme Court to which an order for bail is subject –may appeal to –(c) the Court of Criminal Appeal in a case where that person is bound to appear before that Court; or(d) the Full Court of the Supreme Court, in any other case.(2) An appeal under subsection (1) is to be by way of a venire de novo.
(1) A person charged with committing a crime may be tried at any place in the State at which sittings of the Supreme Court in its criminal jurisdiction are appointed to be held.(2) In any case in which the court or a judge orders that an accused person shall be tried at any place other than that at which he has been committed to take his trial, every recognizance, whether of bail or otherwise, conditioned for the appearance of any person at the trial of such accused person, shall be deemed to have reference to the time and place mentioned in such order.(3) Notice of any such order as aforesaid shall be given as may be prescribed to all persons bound by any such recognizances, and upon proof that such notice has been duly given any such recognizance may be forfeited if the condition thereof has not been observed as herein provided.
307A. Change in place of trial
[Section 307A Inserted by No. 71 of 1987, s. 24 ](1) A person against whom a crime is alleged to have been committed under chapters XIV or XX , before the trial starts, may make application to a judge to change the place of the trial in respect of that crime.(2) A judge may at his discretion grant or refuse an application made under subsection (1) .(3) Where a judge grants an application to change the place of a trial, the provisions of subsections (2) and (3) of section 307 apply as if the judge made an order under that section.(4) Where the place of a trial is changed pursuant to this section, the accused person is entitled to compensation by the Crown for any reasonable additional costs which he may incur by reason of the change in the place of the trial.(5) For the purposes of determining whether the additional costs referred to in subsection (4) are reasonable, a judge may obtain the assistance of the Registrar of the Supreme Court.
[Section 308 Amended by 25 Geo. V No. 78 ][Section 308 Amended by No. 55 of 1965, s. 5 ][Section 308 Amended by No. 30 of 1973, s. 14 ][Section 308 Amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) In any case in which it appears to a judge that the punishment provided in this section will be adequate for the circumstances of the particular case, he may order that the accused shall be tried summarily before a magistrate as hereinafter provided.(2) Any such order as aforesaid may provide for the time and place of trial, and for admitting the accused person to bail, and the provisions of section 307 shall apply to any recognizances in any such cases in the same manner as if such order were made under that section.(3) Where in any case any such order as aforesaid is made, the magistrate hearing such case in pursuance thereof shall, for the purposes of the conduct of the trial of the accused, have the powers and jurisdiction of a judge on the trial of an accused person upon indictment.(4) A magistrate to whom the trial of any person has been remitted under the provisions of this section shall, upon conviction of the accused person, have power to inflict a sentence of a fine not exceeding 20 penalty units or imprisonment for a term not exceeding one year.(5) No order shall be made for the imprisonment for non-payment of any fine imposed under the provisions of this section for any term exceeding 6 months.(6) In any case in which the trial of an accused person has been so remitted as aforesaid, to the magistrate before whom he was committed for trial, he may be tried upon the depositions taken upon his committal for trial, and such other evidence as may be adduced upon either side.(7) An order shall only be made under subsection (1) on an application made to a judge in chambers or in an open court, and no such application shall be made otherwise than by, or with the consent of, the accused person.(8) . . . . . . . .(9) Every conviction and sentence made or imposed under the provisions of this section shall be subject to appeal in the same manner in every respect as a conviction or sentence in the Supreme Court, and for the purposes of any such appeal the magistrate before whom the accused person was so tried as aforesaid shall be deemed to be the judge of the court of trial.
309. Arrest of accused in certain cases
(1) In any case in which an indictment has been presented against any person who has not been committed for trial, and in any case in which any accused person does not attend to be tried upon an indictment, a judge may issue a warrant under his hand for the arrest of such person.(2) In any such case the person so arrested shall be held to take his trial, but may in a proper case be granted bail in the meantime.
Chapter XXXVIII - Indictments
[Section 310 Substituted by No. 38 of 1963, s. 3 ](1) When a person charged with a crime has been committed for trial and it is intended to put him on his trial therefor, the charge is to be reduced to writing in a document called an indictment.(2) An indictment shall be signed by a Crown Law Officer and filed in the Supreme Court.(3) A Crown Law Officer may file an indictment against any person for a crime whether he has been committed for trial or not.(4) Before filing an indictment a Crown Law Officer shall satisfy himself that there is evidence against the defendant sufficient to put him on his trial or to raise a strong or probable presumption of his guilt.
311. Form and contents of indictments
[Section 311 Amended by No. 74 of 1975, s. 9 ][Section 311 Amended by No. 72 of 1994, s. 5 ][Section 311 Amended by No. 5 of 1996, s. 4 ](1) An indictment shall be intituled "In the Supreme Court of Tasmania", with the addition of the name of the place of trial, and shall contain and be sufficient if it contains a statement of the specific crime or crimes with which the accused person is charged, together with such particulars as may be necessary for giving reasonable information as to the nature of the charge.(2) Except as provided in section 125A (6) , charges of more than one crime may be joined in the same indictment, if those charges arise substantially out of the same facts or closely related facts, or are, or form part of, a series of crimes of the same or a similar character. In any other case an indictment shall charge one crime only.(3) . . . . . . . .(4) The statement of the crime charged in an indictment, or where more than one crime is charged in the same indictment, the statement of each crime, with the particulars thereof, shall be set out in a separate paragraph, called a count.(5) Where an indictment contains more than one count the counts shall be numbered consecutively.(6) Where there are more counts than one in an indictment each count shall be regarded as a separate indictment.
(1) The statement of a crime in an indictment shall describe the crime shortly, in ordinary language, avoiding as far as possible the use of technical terms, and without necessarily stating all the essential elements of the crime.(2) The words following the word "Charge" at the foot of any section or subsection of the Code or of any statute, together with a reference to such section or subsection, shall be a sufficient statement of a crime under that section or subsection.
313. Charge against accessories
Where a person is to be charged with attempting to commit, or with inciting, instigating, aiding, or abetting the commission of, or as an accessory after the fact to, a crime, it shall be sufficient to use the charge appropriate to such crime, with such additional words as will indicate that such person is charged with attempting to commit, or inciting, instigating, aiding, or abetting the commission of, or as an accessory after the fact to, such crime.
(1) After the statement of the crime particulars of such crime shall be set out in ordinary language, avoiding as far as possible the use of technical terms.(2) Where any statute limits the particulars of a crime which are required to be given in an indictment, nothing in this section shall require any more particulars to be given than those so required.(3) The omission of any fact from the particulars shall not vitiate the count to which they are appended if the particulars are sufficient to describe with reasonable clearness the nature of the charge.
(1) Where an enactment constituting a crime states the crime to be the doing or the omission to do any one of any different acts in the alternative, or the doing or the omission to do any act in any different capacities, or with any one of any different intentions, or states any part of the offence in the alternative, the acts, omissions, capacities, or intentions or other matters stated in the alternative in the enactment may be stated in the alternative in the count charging the crime.(2) This section shall not be construed to authorize the statement of more than one crime in one count.
Nothing in this chapter shall affect or diminish in any respect the obligation to establish by evidence according to law any acts or omissions or intentions which are legally necessary to constitute the crime with which the accused person is charged, or otherwise affect the law of evidence in criminal cases.
(1) An indictment shall conform as nearly as may be to the forms set out in Appendix C , the statement of the crime and the particulars thereof being varied according to the circumstances of each particular case. Figures and abbreviations may be used in an indictment for expressing anything which is commonly expressed thereby.(2) The forms of indictment set forth in Appendix C shall be taken as a guide as to what particulars are necessary.
318. General rule as to description
(1) It shall be sufficient to describe any place, time, matter, act, or omission whatsoever to which it is necessary to refer in any indictment in ordinary language in such a manner as to indicate the same with reasonable clearness.(2) In any case in which the time or place at which any crime is alleged to have been committed cannot be stated precisely, it shall be sufficient to state the same as nearly as may be practicable.(3) In an indictment in which it is necessary to mention money, such money may be described simply as money, without specifying any particular form of money.
318A. Indictments for burglary, &c.
[Section 318A Inserted by No. 30 of 1973, s. 15 ]Subject to section 318 it is not necessary in an indictment for a crime under Chapter XXVII to specify whether the place in relation to which the crime is alleged to have been committed is any particular kind of place or to describe the nature or any of the characteristics of that place.
319. Statements in proceedings for perjury
In an indictment for a crime which relates to giving false testimony, or procuring or attempting to procure the giving of false testimony, it is not necessary to allege the jurisdiction of the court or tribunal before which the false testimony was given, or intended or proposed to be given, or to set forth the proceedings or any part of the proceedings in the course of which the crime is alleged to have been committed.
320. Proof of obtaining money by false pretence, &c.
In an indictment for obtaining property by a false pretence, or for stealing by a clerk or servant, or person acting in the capacity of a clerk or servant, an averment as to obtaining or stealing money shall be sustained by proof that the accused obtained or converted any coin or bank note, or any part of the value of either, although such coin or note was delivered to him in order that some part of the value thereof should be returned to the person who delivered the same or to some other person, and has been returned accordingly.
The description of property in an indictment shall be in ordinary language, and such as to indicate with reasonable clearness the property referred to, and if the property is so described it shall not be necessary, except when required for the purpose of describing a crime depending on any special ownership of property or special value of property, to name the person to whom the property belongs or the value of the property.
322. Statement of ownership of property
[Section 322 Amended by 25 Geo. V No. 43, s. 3 ]Where property is vested in more than one person and the owners of the property are referred to in an indictment, it shall be sufficient to describe the property as owned by one of those persons, naming him, with the addition of the words "and another", or "and others", and if the persons owning the property are a body of persons with a collective name, such as – "The Trustees of the property of the Grand Lodge of Tasmania", "The Tasmanian Racing Club", (or the like) – it shall be sufficient to use the collective name without naming any individual.
The description and designation in an indictment of the accused person, or of any other person to whom reference is made therein, shall be such as is reasonably sufficient to identify him without necessarily stating his correct name, or his abode or occupation; and if for any reason it is impracticable to give such a description or designation, such description or designation shall be given as is reasonably practicable in the circumstances, or such person may be described as "a person unknown".
Where it is necessary to refer to any seal or die or document or instrument in an indictment, it shall be sufficient to describe it by any name or designation by which it is usually known, or by the purport thereof, without setting out any copy thereof.
It shall not be necessary in stating any intent to defraud, deceive, or injure, to state an intent to defraud, deceive, or injure any particular person where the statute creating the offence does not make an intent to defraud, deceive, or injure a particular person an essential ingredient of the crime.
326. Amendment of indictment: Power to order separate trial
(1) Where, before trial or at any stage of the trial, it appears to a judge that the statement of the crime or the particulars, or the name or description of any person or thing mentioned therein is or are defective or erroneous, he shall make such order for the amendment of the indictment as he thinks necessary to meet the circumstances of the case, unless, having regard to the merits of the case, the required amendment cannot be made without injustice.(2) Where an indictment is so amended a note of the order for amendment shall be endorsed on the indictment, and the indictment shall be treated for the purposes of the trial and of all proceedings in connection therewith as having been filed in its amended form.(3) Where, before trial or at any stage of the trial, it appears to a judge that an accused person may be prejudiced or embarrassed in his defence by reason of being charged with more than one crime in the same indictment, or that for any other reason it is desirable to direct that he should be tried separately for any one or more crimes charged in the indictment, the judge may order a separate trial of any count or counts in such indictment.(4) Where, before the trial or at any stage of the trial, it appears to a judge that the postponement of the trial of the accused person is expedient as a consequence of the exercise of any power of a judge under this section to amend an indictment, or to order the separate trial of a count, the judge shall make such order as to postponement of the trial as appears necessary.(5) Where an order is made for a separate trial or for the postponement of a trial –(a) if such order is made during the trial the judge may order that the jury are to be discharged from giving a verdict on count or counts the trial of which is postponed or on the indictment, as the case may be;(b) the procedure on the separate trial of a count shall be the same in all respects as if it had been charged in a separate indictment, and the procedure on the postponed trial shall be the same in all respects (if the jury have been discharged) as if the trial had not commenced; and(c) the judge may make such order as to admitting the accused person to bail, and as to the enlargement of recognizances and otherwise, as the circumstances of the case may require.(6) The power conferred by this section shall be in addition to, and not in derogation of, any other power of the court for the same or similar purposes; and may before trial be exercised upon summons by a judge in chambers.
The provisions of this chapter shall, so far as the same are applicable thereto, apply to all criminal pleadings, subject to any modifications which may be made by rules under the Code.
328. Duty to furnish copy of indictment, &c.
Upon the application of a person against whom an indictment has been filed the Crown law officer filing such indictment shall supply such person, 2 clear days at least before the day of trial, with a copy of the indictment and a copy of the jury panel free of charge; and shall permit such person, upon his trial, to inspect, free of charge, all depositions taken against him and forwarded to the Attorney-General.
329. Particulars in indictments for treason
(1) The particulars contained in an indictment for treason must state the overt act or acts of the treason alleged; and no evidence of any overt act not stated therein shall be admissible unless it is relevant as tending to prove any overt act so stated.(2) No indictment for treason shall be amended by the addition of any overt acts not so stated as aforesaid.(3) A person indicted for treason shall be served, in the presence of 2 credible witnesses, with a copy of the indictment against him and with a list setting forth the full names and the addresses and occupations of all jurors summoned for his trial, 10 days at least before his arraignment.
[Section 330 Substituted by No. 13 of 1957, s. 4 ](1) Any number of persons who are alleged –may be joined in the same indictment and tried together or separately.(a) to be parties within the meaning of the Code to the same crime (notwithstanding that some other party or parties to that crime is or are not included in the indictment or is or are not amenable to justice); or(b) to have committed different crimes arising substantially out of the same facts or closely related facts –(2) Any number of persons who are alleged to have committed perjury or false swearing may be joined in the same indictment and tried together or separately if the statements alleged to be false are alleged to have been made in the same proceedings and before the same tribunal.(3) Any party to whom subsection (1) relates who is alleged to have instigated, aided, or abetted the commission of a crime may be convicted upon a count charging him with having committed the crime, or upon a count charging him with having instigated, aided, or abetted, as the case may be, the commission thereof.
331. Accessories after the fact
Any number of accessories after the fact to the same crime, though becoming so at different times, or any number of receivers, though at different times, of the same stolen property or of any part or parts thereof, may be joined in the same indictment, and may be tried with the principal offender, or separately, or may be indicted and tried, either together or separately, although the principal offender has not been convicted or is not amenable to justice.
Chapter XXXIX - Powers of Conviction Upon Particular Indictments
[Section 332 Substituted by No. 30 of 1973, s. 16 ](1) Except as provided in this chapter no person shall on an indictment for a crime be convicted of any other crime.(2) Where pursuant to this chapter a person may, on indictment for any crime, be convicted of any other crime it is intended that, if the jury find him not guilty of the crime with which he is charged, he may be convicted of that other crime if it is established by the evidence to have been committed by him.
[Section 333 Amended by 25 Geo. V No. 43, s. 3 ]Upon an indictment for murder the accused person may be convicted of –(a) manslaughter;(b) concealment of birth;(c) causing the death of a child before birth; or(d) infanticide.
[Section 334 Amended by No. 13 of 1957, s. 5 ][Section 334 Amended by No. 67 of 1976, s. 3 ]Upon an indictment for manslaughter the accused person may be convicted of –(a) concealment of birth;(b) causing the death of a child before birth;(c) illtreating a child;(ca) causing death by dangerous driving; or(d) an offence under subsection (1) of section 32 of the Traffic Act 1925 .
334A. Wounding or causing bodily harm
[Section 334A Inserted by No. 30 of 1973, s. 17 ](1) Upon an indictment for committing an unlawful act intended to cause bodily harm the accused person may be convicted of –(a) wounding or causing grievous bodily harm; or(b) assault.(2) Upon an indictment for wounding or causing grievous bodily harm the accused person may be convicted of assault.
334B. Dangerous driving causing grievous bodily harm
[Section 334B Amended by No. 15 of 2000, s. 3, Applied:28 Apr 2000] On an indictment for causing grievous bodily harm by dangerous driving the accused person may be convicted of dangerous driving.
[Section 335 Amended by No. 30 of 1973, s. 18 ][Section 335 Amended by No. 6 of 1974, s. 11 ][Section 335 Amended by No. 71 of 1987, s. 25 ]Upon an indictment for rape the accused person may be convicted of –(a) sexual intercourse with a young person under 17 years of age;(b) unlawful sexual intercourse with an insane person;(c) unlawful sexual intercourse with a defective;(d) aggravated sexual assault;(e) incest;(f) indecent assault; or(g) assault.
[Section 335A Inserted by No. 30 of 1973, s. 19 ]Upon an indictment for forcible abduction or abduction the accused person may be convicted of assault.
336. Sexual intercourse with young person
[Section 336 Amended by No. 6 of 1974, s. 12 ][Section 336 Substituted by No. 71 of 1987, s. 26 ]Upon the indictment of sexual intercourse with a young person under 17 years of age, the accused person may be convicted of –(a) unlawful sexual intercourse with an insane person;(b) unlawful sexual intercourse with a defective;(c) indecent assault;(d) assault; or(e) aggravated sexual assault.
[Section 336A Inserted by No. 30 of 1973, s. 20 ][Section 336A Amended by No. 71 of 1987, s. 27 ]Upon an indictment for indecent assault the accused person may be convicted of assault whatever may have been the age of the person against whom the offence is alleged to have been committed.
[Section 337 Amended by No. 6 of 1974, s. 13 ][Section 337 Amended by No. 71 of 1987, s. 28 ]Upon an indictment for incest the accused person may be convicted of –(a) sexual intercourse with a young person under 17 years of age;(b) unlawful sexual intercourse with an insane person;(c) unlawful sexual intercourse with a defective;(d) indecent assault;(e) aggravated sexual assault.
337A. Aggravated sexual assault
[Section 337A Inserted by No. 71 of 1987, s. 29 ]Upon an indictment for aggravated sexual assault, the accused person may be convicted of –(a) rape;(b) indecent assault; or(c) assault.
337B. Maintaining sexual relationship with young person
[Section 337B Inserted by No. 72 of 1994, s. 6 ](1) Subject to subsection (2) , upon an indictment for maintaining a sexual relationship with a young person under the age of 17 years the accused person may be convicted of one or more of the following crimes:(a) [Section 337B Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . .(b) [Section 337B Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . .(c) sexual intercourse with a young person under the age of 17 years;(d) unlawful sexual intercourse with an insane person;(e) unlawful sexual intercourse with a defective;(f) indecent assault;(g) aggravated sexual assault;(h) incest;(i) rape.(2) The accused person may only be convicted of a crime specified in subsection (1) if the trial judge is satisfied on the evidence adduced at trial that the accused person was capable of being tried on indictment for that crime.
338. Stealing, false pretences, receiving, and cheating
[Section 338 Amended by No. 83 of 1987, s. 5 ][Section 338 Amended by No. 46 of 1991, s. 4 and Sched. 2 ](1) Upon an indictment for –the accused person may be convicted of any of such crimes respectively.(a) stealing;(b) obtaining goods by a false pretence;(c) cheating;(ca) dishonestly acquiring a financial advantage; or(d) receiving stolen property –(2) Upon an indictment of several persons jointly for receiving stolen property any one of such persons may be convicted separately of receiving the same or any part thereof.
339. Stealing and killing animals with intent to steal
Upon an indictment for stealing an animal the accused person may be convicted of killing such animal with intent to steal it.
[Section 339A Inserted by No. 30 of 1973, s. 22 ][Section 339A Substituted by No. 29 of 1988, s. 5 ]Upon an indictment for –(a) robbery;(b) aggravated robbery;(c) armed robbery; or(d) aggravated armed robbery –the accused person may be convicted of –(e) any of those crimes; or(f) any of the following crimes:(i) stealing;(ii) receiving stolen property;(iii) assault with intent to rob;(iv) assault.
340. Principals and accessories after the fact
[Section 340 Substituted by No. 30 of 1973, s. 23 ]Upon an indictment for a crime, the accused person may be convicted of being an accessory after the fact to that crime or to any other crime of which, subject to subsection (2) of section 332 , he could be convicted on that indictment.
[Section 341 Substituted by No. 30 of 1973, s. 23 ]Every count in an indictment shall be deemed to be divisible, and if the commission of the crime charged, as described in the enactment creating that crime or as charged in the count, involves the commission of any other crime, the person accused may, on that indictment, be convicted of that other crime.
[Section 342 Substituted by No. 30 of 1973, s. 23 ](1) Upon an indictment for a crime, the accused person may be convicted of attempting to commit that crime or any other crime of which, subject to subsection (2) of section 332 , he could be convicted on that indictment.(2) Where a person is charged in an indictment with an attempt to commit a crime and the evidence establishes that he committed the full crime he may be convicted of that full crime.(3) Where a person has been convicted of an attempt to commit a crime he is not liable to be tried for the crime of which he was so convicted of having attempted to commit.
[Section 342AA Amended by No. 32 of 1997, s. 4, Applied:06 Nov 1997] Subject to section 332(2) , an accused person charged in an indictment with –(a) attempting to commit a crime may be convicted of committing or attempting to commit any of the alternative crimes available under this Chapter on an indictment charging the accused person with having committed that crime; or(b) [Section 342AA Amended by No. 17 of 1996, Applied:20 May 1998] being an accessory after the fact to a crime or inciting another person to commit a crime may be convicted, respectively, of being an accessory after, or inciting that other person to commit, any of the alternative crimes available under this Chapter on an indictment charging the accused person with having committed that crime.
[Section 342A Inserted by No. 30 of 1973, s. 23 ]Upon an indictment for a crime, the accused person may be convicted of inciting any person to commit that crime or any other crime of which, subject to subsection (2) of section 332 , he could be convicted on that indictment.
343. Indictment for treasonable crimes and inciting mutiny
A person charged with a crime under the provisions of section 59 or of section 62 shall not be acquitted of such crime on the ground that the evidence discloses that he is guilty of treason, but no person acquitted or convicted of such crime shall be afterwards prosecuted for treason upon the same facts.
344. Indictments in respect of unlawful oaths
A person charged with a crime under the provisions of section 63 shall not be acquitted of such crime on the ground that the evidence discloses that he is guilty of a crime under the provisions of section 56 or of section 58 , but no person acquitted or convicted of such crime shall be afterwards prosecuted upon the same facts under either of the last-mentioned sections.
Chapter XL - Trial: Adjournment: Pleadings: Practice
[Section 345 Amended by 25 Geo. V No. 78 ](1) A person committed for a trial for a crime may, at any time during the first week of the term, or the first day of the sessions of oyer and terminer and general gaol delivery held after his committal, make application in open court to be brought to trial.(2) If such person is not indicted within such term or sessions as aforesaid he may, upon the last day of such term or sessions, make application in open court for bail, which the court shall grant, unless it appears upon oath to the court that the witnesses for the Crown could not be produced at the same term or sessions as aforesaid.(3) If any such person as aforesaid is not indicted during the sessions next after such sessions as aforesaid, he shall, upon his prayer or petition in open court, the first week of the term or the first day of the sessions thereafter, be discharged.
346. Accelerating trial of persons not under committal
When an indictment is filed in the Supreme Court against any person who has not been committed for trial upon the charge set forth in the indictment, and the accused person is not brought to trial within a year after the indictment is so filed, the court may, upon the application of the accused person, order him to be discharged from all proceedings on such indictment.
The judge may in any case, if he thinks fit, adjourn the trial of the accused person at any stage thereof, whether a jury has or has not been sworn, and whether evidence has or has not been given, and may, if necessary, discharge the jury.
348. On adjournment of trial accused may be remanded, &c.
[Section 348 Amended by No. 10 of 1994, s. 6 and Sched. 1 ]When a trial is adjourned, the judge may direct the trial to be held either at that or a later sittings of the court, and may remand the accused person accordingly, and may, in a proper case, admit him to bail and may, if necessary, enlarge the recognizances of the witnesses.
349. Bringing up a prisoner for trial
When any person against whom an indictment has been filed is in prison for any other cause, the court may, by order in writing, without writ of habeas corpus, direct the gaoler to bring up the body of such person as often as is required for the purposes of the trial, and the gaoler shall obey such order.
[Section 350 Substituted by 7 Geo. VI No. 44, s. 2 ][Section 350 Amended by No. 99 of 1982, s. 3 and Sched. 2, Pt. II ][Section 350 Amended by No. 21 of 1994, s. 4 ](1) If at any stage of the proceedings upon an indictment a Crown Law Officer informs the court that the Crown will not proceed further upon that indictment –(a) the judge, if the trial of the accused person has begun and a jury has been sworn, may direct the jury to return a verdict of not guilty and thereupon the accused person shall be discharged; or(ab) the judge, if the trial of the accused person has begun but a jury has not been sworn, may direct that an entry of not guilty be made on the indictment in which case the entry has effect in all respects as if it were the verdict of a jury upon the trial of the accused person on the indictment; or(b) in the absence of a direction under paragraph (a) or (ab) , the accused person shall be discharged from any further proceedings upon that indictment but may be again indicted upon a fresh indictment, subject to the limitation of time, if any, within which proceedings must be instituted.(2) The accused person shall be charged upon any such fresh indictment at sittings of the court held at the place where he was first charged next after the hearing of such first charge.
(1) When an accused person is to be tried he shall be brought to the bar of the court and informed of the crime charged against him as set forth in the indictment; and if he so requires, the indictment shall, subject to the provisions of subsection (2) , be read over to him; and he shall be then called upon to plead.(2) In any case in which a previous conviction is alleged in the indictment the accused person shall in the first place be arraigned on so much of the indictment as charges the subsequent crime, and no reference to such previous conviction shall be then made to the jury, except as provided in subsection (5) .(3) If the accused person pleads, or is found, guilty of such subsequent crime, he shall then, and not before, be asked whether he has been previously convicted as so alleged.(4) If the accused person denies such previous conviction, or wilfully refuses to answer, or does not answer directly to, such question as aforesaid, the jury shall then be charged to inquire whether he has been so previously convicted or not.(5) In any such case as aforesaid, if the accused person gives evidence of good character, either by cross-examination or calling witnesses, such previous conviction as aforesaid may be proved before the jury give their verdict upon the charge for the subsequent crime.(6) The trial shall be deemed to begin when the accused is called upon to plead.
352. Motion to quash indictment
(1) The accused person may before pleading apply to the judge to quash the indictment on the ground that it is calculated to prejudice or embarrass him in his defence to the charge, or that it is formally defective.(2) Upon such application the judge may quash the indictment, or may order it to be amended in such manner as he thinks just, or may refuse the application.(3) If at any stage of the trial it appears to the judge that there is any defect in the indictment, and the judge does not see fit to amend it, he may quash the indictment, or may leave the objection to be taken in arrest of judgment.(4) If an indictment is quashed under the provisions of this section, the accused person is entitled to be discharged from any further proceedings thereon, but he may be again indicted upon a fresh indictment, subject to the limitation, if any, as to the time within which a prosecution must be instituted.
If the indictment is not quashed under the provisions of section 352 (1) , the accused person must –(a) demur to the indictment on the ground that it does not in substance disclose any crime; or that it appears on the face of the indictment that the court has no jurisdiction;(b) plead to the indictment; or(c) plead and demur together.
(1) If a demurrer pleaded by an accused person is allowed the judgment shall be that the accused person shall be discharged from the premises set forth in the indictment to which such demurrer is pleaded, and he shall be discharged accordingly.(2) When an accused person demurs only, the judge shall, subject to his power to adjourn the trial, hear and determine the matter forthwith, and if the demurrer is overruled, the accused person shall be called upon to plead to the indictment.(3) When an accused person pleads and demurs together, it shall be in the discretion of the judge whether the plea or the demurrer shall be determined first.(4) Every demurrer shall be in writing, and filed with the clerk of the court at the time it is pleaded, and no joinder in demurrer shall be necessary.
[Section 355 Amended by 25 Geo. V No. 43, s. 3 ](1) An accused person may plead to an indictment –(a) that he is guilty of the crime charged in the indictment; or, with the consent of the Crown, of any other crime of which he might be convicted upon such indictment;(b) that he has already been acquitted or convicted –(i) of the crime charged in the indictment;(ii) upon an indictment upon which he might have been convicted of that crime;(iii) of a crime arising out of the same facts and substantially the same crime as that charged in that indictment;(iv) of any crime, an acquittal or conviction of which is, under the provisions of the Code, a bar to a prosecution for the crime charged in the indictment; or(v) summarily, of an offence in respect of which he might have been indicted upon the charge to which he is called upon to plead;(c) that he has received the Royal pardon for the crime charged in the indictment, or for any other crime of which he might be convicted thereon;(d) that he is not guilty;(e) that the court has no jurisdiction to try him for such crime; or(f) for defamation, that the defamatory matter published by him was true, and that it was for the public benefit that such matter should be published at the time when, and in the manner in which, it was published.(2) An accused person may plead together any pleas under –of subsection (1) .(a) paragraphs (a) and (c) ;(b) paragraphs (b) and (c) ;(c) paragraphs (b) and (e) ; or(d) paragraphs (d) , (e) , and (f) –(3) Where any plea or pleas under paragraphs (b) , (c) , or (e) of subsection (1) have been determined against an accused person, and he has not pleaded any other plea, he shall be called upon to plead afresh, and he may then plead under paragraph (d) of that subsection, with or without any other plea, not already pleaded, which may be joined therewith.(4) Every plea, other than the pleas of guilty or not guilty, shall be in writing, and shall be filed with the clerk of the court at the time it is pleaded.(5) Where 2 or more pleas may be pleaded together, the order in which they are pleaded shall be immaterial.
An accused person may, by leave of the judge, at any time –[Section 357 Amended by No. 30 of 1973, s. 24 ][Section 357 Amended by No. 21 of 1999, s. 45, Applied:01 Nov 1999] . . . . . . . .(a) before sentence, withdraw a plea of guilty and plead not guilty; or(b) before verdict, withdraw any plea, and substitute a demurrer or some other plea.
358. Plea of autrefois acquit or autrefois convict
In a plea that the accused person has already been acquitted or convicted, it is sufficient to state that he has been lawfully acquitted or convicted, as the case may be, of the crime charged in the indictment, or of the other offence of which he alleges that he has been acquitted or convicted, and, in the latter case, to describe the offence by any term by which it is commonly known.
359. Joinder of issue not necessary
No joinder of issue upon any plea shall be necessary, but issue shall be deemed to have been joined at the time when such plea is pleaded, or, if there is a demurrer to such plea, when such demurrer is overruled.
360. Trial on plea to the jurisdiction
[Section 360 Amended by 25 Geo. V No. 78 ](1) Upon a plea to the jurisdiction of the court, the judge shall determine the question of jurisdiction in such manner and upon such evidence as he thinks fit, and may, in his discretion, order a jury to be impanelled and sworn to try any question of fact necessary to such determination.(2) Any jury so impanelled may be resworn for the trial of the indictment if the judgment on such plea is against the accused person.
[Section 361 Amended by 25 Geo. V No. 78 ][Section 361 Amended by No. 74 of 1975, s. 10 ]If the accused person pleads any plea other than the plea of guilty or a plea to the jurisdiction of the court, he shall be deemed by such plea, and without any further form, to have demanded that the issues raised thereby shall be tried by a jury, and shall be entitled to have them tried accordingly, but if the plea is that the accused person has already been acquitted or convicted, or that he has received the Royal pardon, of the crime charged in the indictment the judge shall determine the plea in such manner and upon such evidence as he thinks fit, and may, in his discretion, order a jury to be empanelled and sworn to try any question of fact necessary for such determination.
361A. Argument before jury is sworn
[Section 361A Inserted by No. 21 of 1994, s. 5 ][Section 361A Amended by No. 80 of 2001, Sched. 1, Applied:01 Jul 2002] [Section 361A Amended by No. 70 of 2003, s. 4, Applied:15 Dec 2003](1) After an accused person has been called upon to plead as provided in section 351 (1) , all or any of the following may occur before a jury is sworn if the court thinks fit:(a) the accused person may make admissions under section 184 of the Evidence Act 2001 ;(b) the court may determine any question of law or procedure that has arisen or is expected to arise in the trial;(c) the court may determine any question of fact that may lawfully be determined by a judge alone without a jury;(d) the court may determine any other question that it considers necessary or convenient to determine in order to ensure that the trial will be conducted fairly and expeditiously;(e) the court may give such directions as it thinks fit in order to resolve any issue or matter that it considers necessary or convenient to resolve before a jury is sworn.(2) If –the admission, determination or direction has the same status for the purposes of the new trial as if it had been made or given, between the arraignment of the accused and the empanelment of the jury, during that new trial.(a) an admission, determination or direction is made or given under subsection (1) ; and(b) a new trial of the indictment is had at the same or any future sittings of the court, whether before the same or a different judge –
When an accused person pleads any plea other than a plea of guilty, and succeeds on the issue so raised, the judgment shall be that he be discharged from the premises set forth in the count of the indictment to which such plea is pleaded; and he shall be discharged accordingly.
When 2 or more persons are charged in the same indictment, whether with the same crime or with different crimes, the judge may at any time during the trial, on the application of any of the accused persons, direct that the trial of any of them shall be had separately from the trial of the other or others of them, and for that purpose may, if a jury has been sworn, discharge such jury from giving a verdict as to any accused person in respect of whom such direction is made.
(1) When an accused person is to be tried by a jury an officer of the court is to inform him in open court that the persons whose names are to be called are the jurors to be sworn for his trial, and that if he desires to challenge any juror he must do so as such juror comes to the Book to be sworn, and before such juror has taken the oath.(2) An accused person or prosecutor may challenge any juror, under the provisions of the Jury Act 1899 , and of this section.(3) If the accused person desires to object to the whole panel of jurors, he must do so before any juror is sworn for his trial.(4) If at any time it becomes necessary to ascertain the truth of any matter alleged as cause for challenge, the fact shall be tried by the judge, whose decision shall be final and conclusive.
[Section 365 Amended by 25 Geo. V No. 43, s. 3 ][Section 365 Amended by No. 39 of 1998, s. 13, Applied:18 Dec 1998] When all challenges have been disposed of and a full jury of 12 persons obtained, they or such of them as have not already done so shall severally take the oath set out in form I, or make the affirmation set out in form II, in Appendix D .
When the jury have been sworn an officer of the court shall state to them the substance of the charge against the accused person as set out in the indictment, and shall inform the jury that it is their duty to try the issue raised upon the pleadings, stating to them in substance what such issue is.
367. Discharge of juror by judge
If, after a juror has been sworn, it appears to the judge from such juror's own statement that he is not indifferent as between the Crown and the accused person, or that for any other reason he ought not to be allowed or required to act as a juror on that trial the judge may, without discharging the whole of the jury, discharge such juror, and direct another juror to be sworn in his place.
A person charged upon indictment shall be entitled to make his defence, and to examine or cross-examine witnesses, as the case may be, either personally or by his counsel.
[Section 368A Inserted by No. 30 of 1973, s. 25 ][Section 368A Amended by No. 72 of 1993, s. 4 ][Section 368A Amended by No. 72 of 1994, s. 7 ](1) On a trial on indictment the defendant shall not without the leave of the court adduce evidence in support of an alibi unless, before the end of the prescribed period, he gives notice of particulars of the alibi.(2) Without prejudice to subsection (1) on a trial on indictment the defendant shall not without the leave of the court call any other person to give any such evidence as is referred to therein unless –(a) the notice under that subsection includes the name and address of the witness or, if the name or address is not known to the defendant at the time he gives the notice, any information in his possession which might be of material assistance in finding the witness;(b) if the name or the address is not included in that notice, the court is satisfied that the defendant, before giving the notice, took and thereafter continued to take all reasonable steps to secure that the name or address would be ascertained;(c) if the name or the address is not included in that notice, but the defendant subsequently discovers the name or address or receives other information which might be of material assistance in finding the witness, he forthwith gives notice of the name, address or other information, as the case may be; and(d) if the defendant is notified by or on behalf of the Director of Public Prosecutions that the witness has not been traced by the name or at the address given, he forthwith gives notice of any such information which is then in his possession or, on subsequently receiving any such information, forthwith gives notice of it.(3) The court shall not refuse leave under this section if it appears to the court that the defendant was not informed, either in accordance with section 56A of the Justices Act 1959 , or in writing by the Director of Public Prosecutions, of the requirements of this section.(4) Any evidence tendered to disprove an alibi may, subject to any directions by the court as to the time it is to be given, be given before or after evidence is given in support of the alibi.(5) Any notice purporting to be given under this section on behalf of the defendant by his solicitor shall, unless the contrary is proved, be deemed to be given with the authority of the defendant.(6) All notices under this section shall be given in writing to the Director of Public Prosecutions.(7) A notice required by this section to be given to the Director of Public Prosecutions may be given by delivering it to him, or by leaving it at his office, or by sending it in a registered letter or by certified mail addressed to him at his office.(8) In this section –evidence in support of an alibi means evidence tending to show that by reason of the presence of the defendant at a particular place or in a particular area at a particular time he was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission;the prescribed period means –(a) in a case where the defendant has been informed in accordance with section 56A of the Justices Act 1959 of the requirements of this section – the period of 7 days from the day on which the defendant was committed for trial; or(b) in a case where the defendant is being tried for an offence under section 125A (2) – the period commencing on the day on which the defendant was committed for trial and ending at the close of evidence for the prosecution; or(c) in any other case – the period of 7 days from the day on which the defendant received notice in writing from the Director of Public Prosecutions of the requirements of this section.(9) In computing a prescribed period for the purposes of this section any day that is an excluded day for the purposes of section 29 of the Acts Interpretation Act 1931 shall be disregarded.
(1) The trial of an accused person shall take place in his presence, unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable, in which case the judge may order him to be removed, and may direct the trial to proceed in his absence.(2) The judge may, in any case, if he thinks fit, permit a person charged with a crime to be absent during the whole or any part of the trial on such conditions as the judge thinks fit, and may, if he thinks fit, grant him bail for that purpose.
370. Retirement of jury on argument as to evidence
[Section 370 Amended by 25 Geo. V No. 43, s. 3 ]If on the trial of an accused person any question shall arise as to the admissibility of any evidence tendered, or about to be tendered, the judge may direct the jury to retire until such question is determined if he is of opinion that the accused person might be prejudiced if the evidence is given or the argument on such question takes place, in the presence of the jury.
370A. Separation of jury during argument
[Section 370A Inserted by No. 13 of 1957, s. 6 ][Section 370A Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] During a trial of an indictment for a crime the judge, notwithstanding that there may have been no adjournment of the trial, may permit the jury to separate while a question that the judge has directed be determined in their absence is argued and determined.
371. Speeches by counsel and summing up
[Section 371 Amended by No. 89 of 1993, s. 5 ]The following rules shall apply to the proceedings upon the trial of an indictment:(a) before any evidence is given the counsel for the Crown is entitled to address the jury for the purpose of opening the case for the prosecution;(ab) [Section 371 Amended by No. 2 of 1999, s. 4, Applied:07 Apr 1999] immediately following an address by counsel for the Crown under paragraph (a) and before any evidence is given, the accused person or the counsel for the accused person, by way of reply, may address the jury for the purposes only of identifying –(i) any matters of fact that are not in dispute or that the accused is prepared to admit; and(ii) any issues that the accused contends are important to the defence case;(b) at the close of the evidence for the prosecution an officer of the court shall ask the accused person whether he intends to adduce evidence in his defence;(c) if the accused person has no witnesses to call he may himself give evidence on oath (but by so doing shall not be deemed to adduce evidence), and thereupon, or if he does not give evidence –(i) if he has no counsel, he may address the jury in his own defence; or(ii) if he has counsel, the counsel for the Crown may, if he thinks it a proper case in which so to do, make a second speech summing up the Crown's evidence, and commenting on the evidence of the accused, if any; and the counsel for the accused may then address the jury on his behalf;(d) if the accused person adduces evidence –(i) upon the close of the evidence for the Crown he or his counsel may address the jury for the purpose of opening the case for his defence, and call his evidence, giving his own evidence first if he desires to give evidence personally;(ii) after the close of such evidence he, or his counsel, may address the jury, summing up his defence; and(iii) counsel for the Crown may then reply;(e) where there are more than one accused persons and any of them adduces evidence, counsel for the Crown shall have the right to reply as to the evidence adduced by him, but as to any of the accused persons who does not adduce evidence the provisions of paragraph (c) shall apply;(f) . . . . . . . .(g) if the only evidence adduced by an accused person is as to character, counsel for the Crown is entitled to reply if in his opinion there are any special circumstances which render it necessary for him to do so;(h) [Section 371 Amended by No. 2 of 1999, s. 4, Applied:07 Apr 1999] . . . . . . . .(i) evidence in rebuttal may be called by the Crown if the judge is of opinion that in the circumstances of the particular case it should be allowed;(j) after all the evidence and all addresses to the jury have been concluded the judge shall instruct the jury as to the law applicable to the case, with such observations upon the evidence as the judge may think fit to make; and the jury may then, if they so desire, retire to some place set apart for that purpose, to consider their verdict.
[Section 371A Inserted by No. 71 of 1987, s. 30 ]Where, during the trial of a person accused of a crime under chapters XIV or XX , there is evidence which tends to suggest an absence of complaint by the person upon whom the crime is alleged to have been committed or which tends to suggest delay by that person in making a complaint, the judge shall –(a) give a warning to the jury that absence of complaint or delay in complaining does not necessarily indicate that the allegation that the crime was committed is false; and(b) inform the jury that there may be good reasons why such a person may hesitate in making, or may refrain from making, a complaint.
372. Separation of juries during adjournments of trials, &c.
[Section 372 Amended by 25 Geo. V No. 43, s. 3 ][Section 372 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998][Section 373 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . .(1) A judge may, upon the adjournment of a trial of an indictment for a crime –(a) permit the jury to separate; or(b) direct that the jury be kept together until it has given its verdict or been discharged.(2) A jury that is subject to a direction under subsection (1)(b) may, during any adjournment of the trial, be taken under the charge of one or more officers of the court or police officers sworn for that purpose –(a) for such necessary exercise or recreation as the judge may allow; or(b) for such meals as the judge may direct; or(c) for the purpose of going to, remaining in and returning from places of sleeping accommodation, where the members of the jury are to be kept as closely together as may be reasonably practicable; or(d) for viewing any place or thing that the judge may ask it to be taken to view.(3) A member of a jury that is subject to a direction under subsection (1)(b) must not communicate with any person except –(a) another member of that jury; or(b) an officer in charge of that jury, in connection with that officer's duties.(4) An officer in charge of a jury that is subject to a direction under subsection (1)(b) must not communicate with a member of that jury except for the purpose of discharging that officer's duties.(5) An officer of the court or police officer who is to be in charge of a jury that is subject to a direction under subsection (1)(b) must take the oath specified in form IV in Appendix D .(6) [Section 372 Amended by No. 39 of 1998, s. 13, Applied:18 Dec 1998] A member of a jury must, before leaving the court, take the oath specified in form III, or make the affirmation set out in form IIIA, in Appendix D .
374. Temporary absence of a juror
(1) The temporary absence of a juror necessitated by illness or other unavoidable cause shall not be deemed a separation of the jury for the purposes of this chapter, if permitted by the judge as hereinafter provided.(2) Any such absence as aforesaid may be permitted by the judge, where the same is, in his opinion, necessary, subject to such conditions and under such safeguards as he may impose; and the judge may, subject as aforesaid, permit any such juror to be attended by such medical practitioners as he may think necessary.
375. Misconduct concerning jurors
[Section 375 Amended by 25 Geo. V No. 78 ](1) [Section 375 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] Any person who contravenes the provisions of section 372 , or any condition imposed by the judge as aforesaid, shall be guilty of contempt of court, and may be punished accordingly.(2) Any such contravention shall invalidate the proceedings unless the judge is satisfied that such contravention is of a trivial nature, and not likely to prejudice the fair trial of the case.(3) If any such contravention is discovered before judgment the judge may discharge the jury, if it has not already been discharged, and may order another jury to be sworn for the trial of the indictment at the same sittings of the court, or may adjourn the trial.(4) The decision of the judge upon the question whether any such contravention is sufficient to invalidate the proceedings shall be subject to appeal.
[Section 376 Amended by 25 Geo. V No. 43, s. 3 ](1) A private room shall in every case be provided, communicating with or convenient to the courtroom, in which the jury shall be locked when they retire to consider their verdict.(2) The jury at all times when in charge of an officer under the provisions of this chapter, shall be supplied with necessary heating and lighting, and such reasonable refreshments as the judge may allow.
[Section 377 Amended by 25 Geo. V No. 43, s. 3 ](1) [Section 377 Amended by No. 80 of 2001, Sched. 1, Applied:01 Jul 2002] If a judge makes an order under section 53(1) of the Evidence Act 2001 , the judge, subject to section 55(4) of that Act, may direct that the jury, at any time before their verdict is given, is to be taken under the charge of officers of the court or police officers to view the demonstration or experiment or undertake the inspection.(2) [Section 377 Amended by No. 80 of 2001, Sched. 1, Applied:01 Jul 2002] The judge may in any such case appoint 2 persons or, if the accused person declines to ask for a shower, one person to accompany the jury.(3) Every such officer and every person so appointed shall take the oath set out in form V and form VI respectively in Appendix D .
[Section 378 Amended by 25 Geo. V No. 43, s. 3 ][Section 378 Amended by No. 74 of 1975, s. 11 ](1) The judge may, in his discretion, at any time discharge a jury without giving a verdict in any emergency rendering it expedient in the interests of justice to adopt that course, and the exercise of such discretion shall not be subject to appeal.(2) In any case in which a jury is discharged without giving a verdict, the judge may order the trial to be had at the same or any future sittings of the court.(3) If during a trial the judge becomes incapable of proceeding with the trial or directing the discharge of the jury, an officer of the court shall discharge the jury.(4) In any case in which a jury is discharged as aforesaid the accused person shall remain in custody unless admitted to bail; and such bail may be granted as in the case of a person committed for trial.(5) If at any time during a trial a juror dies, or the judge is of the opinion that a juror ought not be required to continue to act as a juror, the judge, instead of discharging the jury, may discharge such juror, and direct that the trial shall proceed with the remaining jurors, if not less than 10, and the verdict of such remaining jurors shall have the same effect as if all the jurors had continued present.
A verdict or any other proceeding of the court shall not be invalid by reason of its taking place on a Sunday.
Chapter XLI - Verdict: Judgment[Section 380 Amended by No. 30 of 1973, s. 26 ][Section 380 Amended by No. 21 of 1999, s. 45, Applied:01 Nov 1999] . . . . . . . .
[Section 381 Amended by No. 30 of 1973, s. 27 ][Section 382 Substituted by No. 30 of 1973, s. 28 ][Section 382 Amended by No. 67 of 1976, s. 4 ][Section 382 Amended by No. 124 of 1977, s. 16 and Sched. 2 ][Section 382 Amended by No. 9 of 1989, s. 6 ][Section 382 Amended by No. 21 of 1999, s. 45, Applied:01 Nov 1999] . . . . . . . .(1) If upon the trial of an indictment it is given in evidence, or appears from the evidence, that the accused person was insane at the time the crime was alleged to have been committed by him, and such person is acquitted, the jury shall be required to find specially whether such person was acquitted by them on the ground of insanity.(2) . . . . . . . .(3) The onus of proving the insanity of any such person shall be upon the defence, but the same may be established upon the evidence for the prosecution.(4) If in any case it is shown that counsel for the accused person intends to allege that such person was so insane as aforesaid, and such counsel announces that he will not adduce evidence, the prosecutor may call evidence of sanity before closing the case for the prosecution; but in any other case such evidence may be called by him in rebuttal.
(1) Upon the trial of an indictment the jury may in any case –(a) subject to the provisions of subsection (1) of section 381 , return a general verdict of "guilty", or "not guilty";(b) find specially upon all the facts necessary to enable the judge to pass judgment; or(c) if they return a general verdict, find specially upon any question submitted to them by the judge.(2) If the jury acquit the accused person on the ground of insanity the verdict shall be that –The accused committed the act [or made the omission] charged, but is not guilty, on the ground that he was insane at the time so as not to be responsible according to law.(3) If in any case it appears to the judge that it is desirable that the jury should find specially upon all the facts necessary to enable him to give judgment, or upon any particular question, the judge may ask the jury to so find.(4) In any such case the judge shall inform the jury that it is their right to find a special verdict or to return a general verdict; and that they are not obliged to find specially upon any question (except as hereinbefore provided in the case of a person acquitted on the ground of insanity).(5) The jury may at any time before they leave the box correct any verdict which they have given, and may reconsider their verdict at the request of the court, but they are not bound to do so.
When a person has been acquitted of a crime charged in an indictment he is entitled to be forthwith discharged, so far as regards that crime.
385. Convicted person to be called on to show cause
(1) When a person is convicted of a crime, whether upon his plea of guilty or otherwise, he shall, before sentence is passed, be asked by an officer of the court whether he has anything to say why sentence should not be passed upon him.(2) Any such person as aforesaid may at any time before sentence move that judgment be arrested on the ground that the indictment does not disclose any crime, or that any other substantial defect appears upon the face of the record.(3) Upon the hearing of the motion the judge may allow any amendment of the indictment which he might have allowed before verdict.(4) The judge may either hear and determine the motion forthwith or may state a case for the consideration of the Court of Criminal Appeal as hereinafter provided.(5) If judgment is arrested the accused person shall be acquitted, but may be again indicted upon the same charge.
385A. Hearing by judge of complaint of simple offence
[Section 385A Inserted by No. 86 of 1986, s. 3 ][Section 386 Amended by 25 Geo. V No. 43, s. 3 ][Section 386 Amended by 25 Geo. V No. 78 ][Section 386 Amended by No. 38 of 1963, s. 4 ][Section 386 Amended by No. 88 of 1973, s. 2 ][Section 386 Amended by No. 73 of 1975, s. 34 and Sched. 1 ][Section 386 Amended by No. 81 of 1987, s. 4 ][Section 386 Amended by No. 14 of 1988, s. 3 ][Section 386 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . . [Section 386A Inserted by No. 30 of 1973, s. 29 ][Section 386A Amended by No. 14 of 1988, s. 4 ][Section 386A Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . .(1) In this section, simple offence has the same meaning as in the Justices Act 1959 .(2) Where, in proceedings before a judge, a person is convicted or acquitted of a crime, the judge may, on the application of that person, hear and determine any complaint of a simple offence arising out of facts that are closely related to the facts alleged in the indictment or which are, or form part of, a series of offences of the same or a similar character to that of which the applicant has been convicted or acquitted, as the case may be.(3) For the purpose of enabling a judge to deal with a matter under subsection (2) , the Registrar may require a clerk of petty sessions to transmit to the Registrar any summons, warrant, complaint, or document of any sort, that is in the possession of that clerk and relates to that offence.(4) Where, on an application under subsection (2) , a judge decides to hear and determine any complaint of a simple offence, he may, after having heard and determined that complaint –(a) acquit, convict and sentence, or otherwise deal with, the person who made the application, as if the offence were being dealt with in accordance with the Justices Act 1959 ; or(b) make any order, or give any directions, that he considers appropriate in the circumstances, including remission of the matter to a court of petty sessions.
Chapter XLII - Crown Cases Reserved
387. Questions of law may be reserved
[Section 387 Amended by 25 Geo. V No. 78 ][Section 387 Amended by No. 10 of 1994, s. 6 and Sched. 1 ]If on the trial of any person convicted of any crime any question of difficulty in point of law shall have arisen it shall be lawful for the judge, in his discretion, to reserve such question of law for the consideration and determination of the Court of Criminal Appeal, and in any such case to respite the execution of the judgment on such conviction, or postpone the judgment until such question of law shall have been considered and determined; and in either case the judge, in his discretion, shall commit the person convicted to gaol, or shall admit the convicted person to bail in order to secure that he shall appear at such time and place as the judge shall direct, and receive judgment, or render himself in execution, as the case may be.
388. Questions reserved to be stated in a case
[Section 388 Amended by 25 Geo. V No. 78 ](1) The judge by whom such question of law may have been so reserved shall thereupon state a case setting forth the question of law which shall have been so reserved, with the special circumstances upon which the same shall have arisen, and shall sign and transmit the same within a reasonable time to the Registrar of the Court of Criminal Appeal.(2) Every question so reserved shall be dealt with in the same manner in every respect as is hereinafter provided with respect to appeals.
388AA. Power of Attorney-General to refer questions of law to Court of Criminal Appeal
[Section 388AA Inserted by No. 83 of 1987, s. 6 ](1) Subject to subsection (5) , where a person has been acquitted after his trial on indictment, the Attorney-General may, within 28 days after the conclusion of the trial, refer any question of law that has arisen at the trial to the Court of Criminal Appeal for determination by that Court.(2) The Attorney-General shall cause notice of a reference by him under subsection (1) to be given to the acquitted person to whom the reference relates.(3) The reference of a question under this section or the determination by the Court of Criminal Appeal of a question referred to it under this section shall not in any way affect the trial at which the question arose or affect or invalidate any verdict or decision given at that trial.(4) The procedure in relation to the determination of a question referred under this section to the Court of Criminal Appeal shall, subject to any rules made pursuant to section 12 of this Act, be as determined by the Court.(5) The time within which a question may be referred under this section to the Court of Criminal Appeal may be extended at any time by the Court.(6) Where a question is referred under this section to the Court of Criminal Appeal –(a) a person charged at the trial at which the question arose or affected by the verdict or the decision given at that trial is entitled to be heard before the Court of Criminal Appeal on the determination of that question;(b) if it appears that that person does not intend to appear on his own behalf, and does not propose to be represented on the determination of that question, the Attorney-General may arrange for a legal practitioner to argue that question before the Court of Criminal Appeal on behalf of that person; and(c) there shall be paid by the Crown the costs of the legal representation of any person heard before the Court of Criminal Appeal as provided in this subsection, being such costs as that Court, subject to subsection (7) , considers to be reasonable.(7) For the purposes of determining the amount of any costs of any legal representation that it should order to be paid pursuant to subsection (6) (c) , the Court of Criminal Appeal may obtain the assistance of the Registrar of that Court who may require the person providing the legal representation to lodge a bill of costs for the consideration of the Court.(8) Where the Court of Criminal Appeal makes an order with respect to the payment of any costs referred to in subsection (6) (c) , that Court shall deliver or cause to be delivered a copy of the order to the Secretary of the Law Department and thereupon the amount in respect of which the order is made may be recovered as a debt due by the Crown.
Chapter XLIIA - Procedure on Continuing Nuisances[Chapter XLIIA of Part IX Inserted by No. 35 of 1973, s. 5 ]
388A. Abatement or removal of nuisance
[Section 388A Inserted by No. 35 of 1973, s. 5 ](1) Upon a conviction of creating and continuing a nuisance or of continuing a nuisance the court may –(a) adjourn the cause for a specified period to give the person convicted an opportunity to abate or remove the nuisance; or(b) refer to the Master the questions of how and at what cost the nuisance may best be abated or removed, and otherwise adjourn the cause until the Master's report is available.(2) On a reference under this section, the Master –and report in writing to the court accordingly.(a) shall make such an inquiry as he thinks proper;(b) may obtain the opinion of engineers and other persons with scientific or technical knowledge; and(c) shall hear, if they so desire, the prosecutor and the defendant –(3) On receiving the Master's report the court shall cause the parties to be given copies of the report and to be summoned to appear before it.(4) The cause being again before the court, either party may move that the report be rejected and a further and better report ordered, which the court may do with all necessary consequences.(5) If after an adjournment under paragraph (a) of subsection (1) it appears to the court that the nuisance has not been abated or removed, the court may proceed under paragraph (b) of that subsection.(6) On accepting a report of the Master, the court may sentence the defendant to pay a fine equal to the amount that he has reported that the abatement or removal of the nuisance will cost, and order that the fine be paid over to the Treasurer of the State, the treasurer of a municipality, or to some other authority as payment for abating or removing the nuisance according to such arrangement or contract therefor as the court approves.(7) [Section 388A Amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] Money received by the Treasurer under subsection (6) shall be paid into a trust account established under section 13(2) of the Public Account Act 1986 and not applied otherwise than for the abatement or removal of nuisances.(8) If it is not convenient that the Master should act under this section the court may appoint any barrister to perform the same duties.
388B. Punishment for creating nuisance
[Section 388B Inserted by No. 35 of 1973, s. 5 ](1) When a person is convicted of creating and continuing a nuisance, the court may, in addition to any fine imposed under section 388A , impose a sentence in respect of the creating of the nuisance.(2) Where under subsection (1) the judge of the court of trial is of opinion that both imprisonment and a fine should be imposed, he may sentence the person convicted at any time after the verdict and while the procedure of section 388A is going on and as part of the same sentence add the fine when it is clear what fine, if any, should be imposed under subsection (6) of that section.
Chapter XLIII - Punishments
[Section 389 Amended by 25 Geo. V No. 43, s. 3 ][Section 389 Amended by No. 77 of 1968, s. 5 ][Section 389 Amended by No. 62 of 1973, s. 2 ][Section 389 Amended by No. 9 of 1989, s. 7 ][Section 389 Amended by No. 4 of 1994, s. 9 ][Section 390 Inserted by No. 30 of 1973, s. 30 ][Section 390 Amended by No. 67 of 1976, s. 5 ][Section 390 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . . [Section 391 Amended by No. 30 of 1973, s. 31 ][Section 391 Amended by No. 67 of 1976, s. 6 ][Section 391 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . . [Section 391A Substituted by No. 24 of 1966, s. 2 ][Section 391A Amended by No. 96 of 1976, s. 15 and Sched. II ][Section 391A Amended by No. 58 of 1977, s. 5 ][Section 391A Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . .(1) . . . . . . . .(2) . . . . . . . .(3) [Section 389 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] Subject to the provisions of the Sentencing Act 1997 or of any other statute, and except where otherwise expressly provided, the punishment for any crime shall be by imprisonment for 21 years, or by fine, or by both such punishments, and shall be such as the judge of the court of trial shall think fit in the circumstances of each particular case.(4) . . . . . . . .(5) . . . . . . . .(6) . . . . . . . .(7) [Section 389 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . .
Chapter XLIV - . . . . . . . .[Chapter XLIV of Part IX Substituted by No. 73 of 1975, s. 34 and Sched. 1 ][Chapter XLIV of Part IX Repealed by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] [Section 392 Substituted by No. 73 of 1975, s. 34 and Sched. 1 ][Section 392 Amended by No. 13 of 1990, s. 4 ][Section 392 Amended by No. 96 of 1994, s. 5 ][Section 392 Amended by No. 17 of 1996, Applied:20 May 1998] [Section 392 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . . [Section 393 Inserted by No. 96 of 1994, s. 6 ][Section 393 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . . [Section 394 Inserted by No. 96 of 1994, s. 6 ][Section 394 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . . [Section 395 Inserted by No. 96 of 1994, s. 6 ][Section 395 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . . [Section 396 Inserted by No. 96 of 1994, s. 6 ][Section 396 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . .
Chapter XLV - Execution of Sentence: Pardons[Section 397 Repealed by No. 77 of 1968, s. 7 ]. . . . . . . . [Section 397A Inserted by No. 38 of 1963, s. 5 ][Section 397A Amended by No. 30 of 1973, s. 34 ][Section 397A Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . .
[Section 397B Inserted by No. 38 of 1963, s. 5 ][Section 397B Amended by No. 93 of 1986, s. 7 ]Where by any judgment or order of the Supreme Court or a judge made under the Code a sum of money is payable to the Crown or any other person by way of forfeiture, damages, costs, or otherwise a memorandum in a summary form of so much of the plea as is necessary for the purposes of this section may be made on paper, sealed with the seal of the Supreme Court, and at the instance of the party entitled to the payment may be entered in the same manner as a judgment subject to the Supreme Court Civil Procedure Act 1932 and enforced under that Act.
(1) A free pardon extended by or on behalf of His Majesty shall have the effect of discharging the offender from all legal consequences of the offence for which such pardon is granted.(2) In any case in which a pardon imposes any conditions upon the person to whom it is granted, all courts of justice and officers shall give effect thereto in the same manner as they would be bound to give effect to the lawful sentence of a court imposing like conditions.
Chapter XLVI - Appeals
[Section 399 Amended by No. 38 of 1963, s. 6 ][Section 399 Amended by No. 44 of 1965, s. 5 and Sched. 1 ][Section 399 Amended by No. 33 of 1982, s. 4 ]In this chapter, unless the contrary intention appears –appellant means any person convicted, or any prosecutor, who wishes to appeal under this chapter;Attorney-General includes an officer appointed to prosecute in any criminal proceeding;Court means the Court of Criminal Appeal;court of trial means the court before which an accused person has been tried upon an indictment, or the court which has passed sentence upon a plea of guilty;person convicted includes an accused person who, not having set up insanity as a defence, has been acquitted on the ground of insanity;Registrar means the Registrar of the Court appointed by this chapter;sentence includes any order made by the court of trial –(a) for the keeping in custody of any person convicted;(b) with reference to any property; or(c) with reference to any moneys to be paid by a person convicted.
[Section 400 Amended by No. 44 of 1965, s. 5 and Sched. 1 ][Section 400 Amended by No. 50 of 1977, s. 10 ][Section 400 Amended by No. 33 of 1982, s. 5 ](1) The Court of Criminal Appeal is duly constituted for the purpose of exercising any of its jurisdiction if it consists of 3 or more judges of the Supreme Court, but, in relation to any particular appeal, may be duly constituted by only 2 such judges if none of the parties to the appeal objects to the Court being so constituted for the purpose of hearing the appeal.(2) The determination of any question before the Court shall be according to the opinion of the majority of the judges, or in case the judges are equally divided, according to the opinion of the Chief Justice, or in his absence, of the Senior Judge.(3) The Court shall be a superior court of record, and shall, for the purposes of, and subject to the provisions of, this chapter, have full power to determine in accordance with this chapter any question necessary to be determined for the purpose of doing justice in any case before the Court.(4) . . . . . . . .(5) The Registrar, the Deputy Registrar, and the Assistant Deputy Registrar of the Supreme Court shall, respectively, be the Registrar, the Deputy Registrar, and the Assistant Deputy Registrar of the Court.(6) Subject to the Rules of Court, the Deputy Registrar or the Assistant Deputy Registrar of the Court may exercise any of the functions conferred by this Act or otherwise on the Registrar, and any act or thing done by or before the Deputy Registrar or the Assistant Deputy Registrar of the Court has the same force and effect as if it were done by or before the Registrar.
[Section 401 Amended by 25 Geo. V No. 78 ][Section 401 Amended by No. 74 of 1975, s. 12 ][Section 401 Amended by No. 83 of 1987, s. 7 ][Section 401 Amended by No. 41 of 1996, s. 4 ](1) A person convicted before a court of trial may appeal to the Court –(a) against his conviction on any ground which involves a question of law;(b) with the leave of the Court, or upon the certificate of the judge of the court of trial that it is a fit case for appeal, against his conviction upon a ground of appeal –(i) which involves a question of fact alone;(ii) which involves a mixed question of fact and law;(iii) which appears to the Court to be a sufficient ground of appeal; and(c) against the sentence passed on his conviction, unless the sentence is one fixed by law.(2) The Attorney-General may appeal to the Court –(a) against an order arresting judgment;(b) by leave of the Court or upon the certificate of the judge of the court of trial that it is a fit case for appeal, against an acquittal on a question of law;(c) against the sentence;(d) by leave of the Court or the trial judge, against an order quashing an indictment; or(e) by leave of the Court or the trial judge, against an order upholding a demurrer.(3) For the purposes of subsection (2) (c) , sentence, in relation to –(a) a person convicted on indictment, includes –(i) [Section 401 Amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] . . . . . . . .(ii) [Section 401 Amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] a probation order under the Sentencing Act 1997 ; or(b) [Section 401 Amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] a person convicted under the provisions of section 63 of the Justices Act 1959 , includes a probation order under the Sentencing Act 1997 .
[Section 402 Amended by 25 Geo. V No. 78 ][Section 402 Amended by No. 83 of 1987, s. 8 ](1) On an appeal the Court shall allow the appeal if it is of opinion that the verdict of the jury should be set aside on the ground that it is unreasonable, or cannot be supported having regard to the evidence, or that the judgment or order of the court of trial should be set aside on the ground of the wrong decision of any question of law, or that on any ground whatsoever there was a miscarriage of justice, and in any other case shall dismiss the appeal.(2) The Court may, notwithstanding that it is of the opinion that the point raised by the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no substantial miscarriage of justice has actually occurred.(3) Subject to the special provisions of this chapter, the Court shall, if it allows an appeal against conviction, quash the conviction and direct a judgment and verdict of acquittal to be entered.(4) On an appeal against a sentence, the Court, if it is of opinion that some other sentence, whether more or less severe, is warranted in law and should have been passed, shall quash the sentence and pass such other sentence in substitution therefor, and in any other case shall dismiss the appeal.(5) If the Court allows an appeal against an order arresting judgment or against an acquittal, it may make any of the following orders which may be applicable:and any justice may thereupon issue his warrant for the arrest of the offender.(a) that judgment be pronounced upon the offender;(b) that a conviction be entered against the offender;(c) that a venire de novo or new trial shall be had in such manner as the Court may direct;(d) that the offender shall appear at such time and place as the Court may direct to receive judgment –(6) Any offender so arrested may be admitted to bail by order of the Court or a judge.
403. Powers of Court in special cases
[Section 403 Amended by No. 30 of 1973, s. 35 ](1) If it appears to the Court that an appellant, though not properly convicted on some count or part of the indictment has been properly convicted on some other count or part of the indictment, the Court may either affirm the sentence passed at the trial or pass such sentence, whether more or less severe, in substitution therefor, as it thinks proper, and as may be warranted in law by the conviction on the indictment or part thereof on which it considers the appellant has been properly convicted.(2) Where an appellant has been convicted of a crime, and the jury could on the indictment have found him guilty of some other crime, and on the finding of the jury it appears to the Court that the jury must have been satisfied of facts which proved him guilty of that other crime, the Court may, instead of allowing or dismissing the appeal, substitute for the verdict found by the jury a verdict of guilty of that other crime, and pass such sentence, not being a sentence of greater severity, in substitution for the sentence passed at the trial, as may be warranted in law for that other crime.(3) Where, on the conviction of the appellant, the jury have found a special verdict, and the Court considers that a wrong conclusion has been arrived at by the court of trial on the effect of that verdict, the Court may, instead of allowing the appeal, order such conclusion to be recorded as appears to the Court to be in law required by the verdict, and pass such sentence, whether more or less severe, in substitution for the sentence passed at the trial, as may be warranted in law.(3A) Where under the foregoing provisions of this section the Court has power to affirm, or to pass a sentence in substitution for, a sentence passed on a person at his trial it may, instead of exercising that power, refer the case to the trial judge, and, on the case being so referred to him, that judge may himself exercise that power as if he were the Court; and any power exercised by a judge under this section has the like effect as if it were exercised by the Court.(4) If on any appeal it appears to the Court that, although the appellant committed the act or made the omission charged against him, he was not of sound mind at the time when the act or omission alleged to constitute the crime occurred, so as not to be responsible therefor according to law, the Court may quash the sentence passed at the trial and exercise the like powers as could have been exercised if the appellant had been acquitted on the ground of insanity.
(1) On any appeal the Court may, either of its own motion or on the application of the appellant, order a venire de novo or new trial at such time and place as it thinks fit, if the Court considers that a miscarriage of justice has occurred, and that, having regard to all the circumstances, such miscarriage of justice can be more adequately remedied by an order for a venire de novo or new trial than by any other order which the Court is empowered to make.(2) Where a venire de novo or new trial is directed, the Court may make such order as to it seems fit for the safe custody of the appellant or for admitting him to bail.
405. Suspension of order, &c.: Revesting property on conviction
(1) The operation of any order for the restitution of any property, or for the payment of compensation to an aggrieved person, made by the court of trial, and the operation of the provisions of section 29 (1) of the Sale of Goods Act 1896 , as to the revesting of the property in stolen goods on conviction, shall (unless the court of trial directs to the contrary in any case in which in its opinion the title to the property is not in dispute) be suspended –and in cases where the operation of any such order or the operation of the said provisions is suspended until the determination of the appeal, the order or provisions, as the case may be, shall not take effect as to the property in question if the conviction is quashed on appeal, except by the special order of the Court.(a) until the expiration of the time provided for appealing to the Court; and(b) where notice of appeal or of application for leave to appeal is given within the time provided, until the determination of the appeal or refusal of the application –(2) The Court may, by order, annul or vary any order made on a trial for the restitution of any property to any person, although the conviction is not quashed; and such order, if annulled, shall not take effect, and, if varied, shall take effect as so varied.(3) The judge of the court of trial may give directions for the safe custody of any such property pending the suspension of any such order or of such provisions.
406. Jurisdiction in cases reserved
All questions reserved under section 387 shall be determined by the Court under the provisions of this chapter, and in any case in which an appellant appeals on any ground involving a question of law alone, the Court may direct that a case shall be stated and the appeal determined in the same manner as if a question of law had been reserved under the provisions of that section.
[Section 407 Amended by 25 Geo. V No. 78 ][Section 407 Amended by No. 38 of 1963, s. 8 ][Section 407 Amended by No. 30 of 1973, s. 36 ][Section 407 Amended by No. 67 of 1976, s. 7 ][Section 407 Amended by No. 41 of 1996, s. 5 ](1) Any person convicted desiring to appeal to the Court, or to obtain leave to appeal, against any conviction or sentence, shall give notice of appeal or notice of application for leave to appeal, within 14 days of the date of such conviction or sentence.(1A) A notice under subsection (1) shall be signed by the person giving it or his attorney.(2) [Section 407 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . .(3) If the Attorney-General desires to appeal to the Court –(a) upon a ground specified in paragraph (a) , paragraph (b) , paragraph (d) , or paragraph (e) of subsection (2) of section 401 , he shall notify his intention to do so during the trial in the presence of the accused or his counsel and shall, within 7 days thereafter, give notice of appeal or of application for leave to appeal in the manner prescribed; or(b) upon a ground specified in paragraph (c) of that subsection, he shall, during the trial or at any time within 14 days after sentence, give notice of appeal in the manner prescribed.(4) Upon any such notification as mentioned in subsection (3) hereof, the judge of the court of trial may require the accused to enter into a recognizance, with or without sureties, to appear at such time and place as the judge may direct, or when called upon, to abide the determination of the appeal.(5) [Section 407 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] The time within which notice of appeal, or notice of an application for leave to appeal, may be given, may be extended at any time by the Court.
[Section 407A Inserted by No. 30 of 1973, s. 37 ]An appeal or an application for leave to appeal may be withdrawn and discontinued by leave of the Court.
[Section 408 Substituted by No. 38 of 1963, s. 9 ][Section 408 Amended by No. 30 of 1973, s. 38 ][Section 408 Amended by No. 13 of 1990, s. 5 ](1) On receiving a notice of appeal or of application for leave to appeal, the Registrar may cause an appeal book to be prepared for the use of the Court.(2) For the purpose of causing an appeal book to be prepared, the Registrar –(a) may require –(i) the parties to the appeal or their representatives to submit to the Registrar a memorandum setting out the proposed contents of the appeal book as agreed by them; or(ii) each party to the appeal or the representative of each party to submit to the Registrar a memorandum setting out the proposed contents of the appeal book; and(b) may consult the parties or their representatives by telephone, or in writing or by requiring the personal attendance of the parties or their representatives.(2A) The Registrar shall settle the appeal book when satisfied that the parties or their representatives have been given a sufficient opportunity to be heard.(3) For the purposes of this section the judge of the court of trial shall, if so requested by the Registrar, furnish him with his notes of the trial and also a report giving his opinion on the case or upon any point arising in the case.
[Section 409 Amended by 25 Geo. V No. 78 ](1) For the purposes of this chapter the Court may, if it thinks it necessary or expedient in the interests of justice –and exercise in relation to the proceedings of the Court any other powers which may be exercised by the Supreme Court on appeals or applications in civil matters, and issue any warrant or other process necessary for enforcing the orders or sentences of the Court.(a) order the production of any document, exhibit, or other thing connected with the proceedings;(b) order any persons who would have been compellable witnesses at the trial to attend and be examined before the Court, whether they were or were not called at the trial, or order any such persons to be examined before any judge of the Court, or before any officer of the Court, or justice, or other person appointed by the Court for the purpose, and admit any depositions so taken as evidence;(c) receive the evidence, if tendered, of any witness (including the appellant) who is a competent, but not compellable, witness; and if the appellant makes application for the purpose, of the husband or wife of the appellant, in cases where the evidence of the husband or wife could not have been given at the trial except on such application.(d) where any question arising on the appeal involves prolonged examination of documents or accounts, or any scientific or local investigation, which cannot, in the opinion of the Court, be conveniently conducted before the Court, refer the question for inquiry and report to a commissioner appointed by the Court, and act upon the report of such commissioner so far as the Court thinks fit; and(e) appoint any person with special expert knowledge to act as assessor to the Court in any case in which it appears to the Court that such special knowledge is required for the determination of the case –(2) In no case shall any sentence be increased by reason of or in consideration of any evidence that was not given at the trial.
410. Legal assistance to appellant, &c.
[Section 410 Substituted by No. 30 of 1973, s. 39 ][Section 410 Amended by No. 7 of 1994, s. 5 ]If it appears to be in the interests of justice that a person should have legal aid in connection with any proceedings under Chapter XLII or this Chapter and that he has not sufficient means to enable him to obtain that aid, the Court or a judge may make an order directing that he be given assistance under the approved scheme for the time being in force under the Legal Aid Commission Act 1990 .
411. Right of appellant to be present
(1) An appellant, notwithstanding that he is in custody, shall be entitled to be present if he so desires, on the hearing of his appeal, except where the appeal is on some ground involving a question of law alone.(2) On an appeal on such ground, and on an application for leave to appeal, and on any proceedings preliminary or incidental to an appeal, the appellant shall not be entitled to be present, except by leave of the Court.(3) The power of the Court to pass any sentence may be exercised notwithstanding that the appellant is not present.
412. Case and argument in writing
An appellant shall be entitled to present his case and his argument to the Court in writing if he so desires, and any case or argument so presented shall be considered by the Court.
(1) The Attorney-General, or counsel on his behalf, shall appear for the Crown on every appeal to the Court under this chapter.(2) Provision shall be made by the rules under the Code for the transmission to the Attorney-General of all such documents, exhibits, and other things connected with the proceedings as he may require for the purpose of his duties under this section.
[Section 413A Inserted by No. 38 of 1963, s. 10 ](1) When any cause or matter, after being fully heard before the Court, is ordered to stand for judgment, it is not necessary that both or all judges before whom it was heard be present together in court to declare their opinions thereon, but the opinion of any of them may be reduced to writing and may be read by any other judge at any subsequent sitting of the Court at which judgment in the cause or matter is appointed to be delivered.(2) In any such case the question shall be decided in the same manner, and the judgment of the Court shall have the same force and effect as if the judge whose opinion is so read had been present in court and had declared his opinion in person.(3) Nothing in this section affects the practice of publishing in writing a judge's reasons for his opinion.
[Section 414 Substituted by No. 30 of 1973, s. 40 ][Section 414 Amended by No. 7 of 1994, s. 6 ](1) In any proceedings under Chapter XLII or this Chapter the Court may make such order as to costs as it thinks fit.(2) No order shall be made under this section in respect of any proceedings in favour of a person who has received assistance under the Legal Aid Commission Act 1990 in those proceedings.(3) Where the Crown is ordered under this section to pay costs, those costs shall be defrayed out of moneys provided by Parliament for the purpose.
415. Admission of appellant to bail and custody when attending court
[Section 415 Amended by No. 77 of 1983, s. 4 ][Section 415 Amended by No. 10 of 1994, s. 6 and Sched. 1 ](1) Subject to subsection (1A) , an appellant who is in custody shall, pending the determination of his appeal, be treated in the same manner as a person awaiting trial.(1A) A person who is sentenced to a term of imprisonment by the court of trial and who is required to be treated in the same manner as a person awaiting trial may, except in respect of a period in which he is otherwise liable to undergo imprisonment for a crime or simple offence, elect (subject to an admission to bail under subsection (2) ) between continuing to undergo his sentence or being treated in the same manner as a person awaiting trial.(1B) [Section 415 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . .(2) The Court may, if it thinks fit, on the application of the appellant, admit him to bail pending the determination of the appeal.(3) [Section 415 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . .(4) [Section 415 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . .(5) The Sheriff shall, subject to the rules to be made hereunder, give all necessary directions for bringing an appellant who is in custody to any place where he is entitled to be present or ordered to be taken for the purposes of this chapter, and for the manner in which he is to be kept in custody whilst absent from prison for the purpose, and an appellant whilst in custody in accordance with such directions shall be deemed to be in legal custody.(6) This section shall apply to a person in respect of whose conviction a case has been stated under the provisions of section 387 .
(1) The Registrar shall take all necessary steps for obtaining a hearing of every appeal or application, notice of which is given to him, and shall obtain and lay before the Court in proper form all documents, exhibits, and other things relating to the proceedings in the court of trial which appear necessary for the proper determination of the appeal or application.(2) If it appears to the Registrar that any notice of appeal against a conviction does not show any substantial ground of appeal, he may refer the appeal to the Court for summary determination; and the Court may thereupon, if it considers that the appeal is frivolous or vexatious, dismiss the appeal summarily without calling upon any person to attend the hearing.(3) The Registrar shall furnish the necessary forms and instructions in relation to notices of appeal or notices of application to any person who demands the same, and to officers of courts, governors of gaols, and to such other officers or persons as he thinks fit, and the governor of every gaol shall cause such forms and instructions to be placed at the disposal of prisoners desiring to appeal or to make any application, and shall cause any such notice given by a prisoner in his custody to be forwarded on behalf of the prisoner to the Registrar.
Any documents, exhibits, or other things connected with any proceedings before a court of trial, in respect of which any person is entitled, or may be authorized, to appeal, shall be kept in the custody of the court of trial in accordance with the rules to be made for that purpose, for such time as may be provided by the rules, and subject to such powers as may be given by the rules for the conditional release of any such documents, exhibits, or things from that custody.
[Section 418 Amended by No. 30 of 1973, s. 41 ](1) The following powers of the Court, namely:may be exercised by a judge of the Court in the same manner as they may be exercised by the Court, and subject to the same provisions.(a) The power to extend the time in which notice of appeal or of an application for leave to appeal may be given;(b) The power to allow a person to be present at any proceedings where he is not entitled to be present without leave;(c) The power to admit any person to bail; and(d) The power to give leave for the withdrawal or discontinuance of an appeal –(2) If an appellant makes application to a judge under this section or section 401 , and the judge refuses such application, the appellant shall be entitled to have such application determined by the Court.
[Section 419 Amended by No. 77 of 1968, s. 8 ]The Attorney-General, on the consideration of any petition for the exercise of His Majesty's mercy, having reference to the conviction of any person or to any sentence passed on a convicted person, may –(a) refer the whole case to the Court, and the case shall be heard and determined by the Court as in the case of an appeal by a person convicted; or(b) if he desires the assistance of the Court on any point arising in the case with a view to the determination of the petition, refer that point to the Court for its opinion thereon, and the Court shall consider the point so referred and furnish the Attorney-General with its opinion thereon accordingly.
Chapter XLVII - Private Prosecutions: Ex Officio Indictments: Trial at Bar
(1) Any person may, by leave of the Supreme Court, file an indictment against any other person for any crime alleged to have been committed by such other person.(2) Leave to file any such indictment shall be granted upon such terms and conditions as the said Court in any case for the purpose of securing the substantial ends of justice thinks fit to direct.(3) Every such indictment shall be endorsed with the words "Filed by leave of the Supreme Court of Tasmania", and with the name of the person prosecuting the same.
[Section 421 Substituted by No. 38 of 1963, s. 11 ]Where an indictment is filed by a Crown Law Officer against a person who has not been committed for trial for the offence charged in the indictment, the Crown may, without any leave, by filing an indictment described as an ex officio indictment, proceed thereon in the manner prescribed in this chapter.
In any case in which it thinks fit, the Supreme Court may, in its discretion, make an order for a trial to be at bar, subject to such terms and conditions as the Court may think fit.
Except as herein modified, the provisions of the Code relating to the form and contents of pleadings shall apply to all proceedings under this chapter, and in all other respects the proceedings therein shall, until prescribed by the rules to be made under the Code, be in conformity as nearly as may be with the Crown Office Rules in England.
Chapter XLVIII - Consequences of Conviction[Section 424 Amended by 25 Geo. V No. 78 ][Section 424 Amended by No. 93 of 1986, s. 8 ][Section 424 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . .
[Section 425 Substituted by No. 38 of 1963, s. 12 ][Section 425A Inserted by No. 38 of 1963, s. 12 ][Section 425A Amended by No. 30 of 1973, s. 42 ][Section 425A Amended by No. 93 of 1986, s. 9 ][Section 425A Amended by No. 13 of 1990, s. 6 ][Section 425A Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . . [Section 426 Amended by No. 9 of 1989, s. 8 ][Section 426 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] . . . . . . . .(1) The court by which judgment is given on conviction of a person for a crime may, in addition to any other sentence, condemn that person to pay the whole or part of the costs or expenses incurred in or about the prosecution and conviction for the crime of which he is convicted.(2) The payment of costs and expenses adjudged under this section may –(a) be ordered by the court to be made out of moneys taken from the convicted person on his apprehension; or(b) [Section 425 Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] be enforced in the same manner as a fine under section 53 of the Sentencing Act 1997 .
Chapter XLIX - Miscellaneous Provisions
427. Proceedings against partners, &c.
A person who is a member of a co-partnership or company, or one of several co-owners, shall be liable on indictment in respect of any fraudulent act or omission done or made by him with respect to the property of such co-partnership, company, or co-owners in the same manner as if he were not such member or co-owner.[Section 428 Repealed by No. 71 of 1987, s. 31 ]. . . . . . . .
[Section 429 Amended by No. 99 of 1982, s. 3 and Sched. 2 ][Section 429A Inserted by No. 30 of 1973, s. 43 ][Section 429A Amended by No. 13 of 1996, s. 21, Applied:01 Jul 2001] . . . . . . . . [Section 430 Inserted by 25 Geo. V No. 43, s. 3 ][Section 430 Amended by No. 30 of 1973, s. 44 ][Section 430 Amended by No. 13 of 1996, s. 21, Applied:01 Jul 2001] . . . . . . . . [Section 431 Inserted by 25 Geo. V No. 43, s. 3 ][Section 431 Amended by 25 Geo. V No. 78 ][Section 431 Amended by No. 10 of 1994, s. 6 and Sched. 1 ][Section 431 Amended by No. 13 of 1996, s. 21, Applied:01 Jul 2001] . . . . . . . . [Section 432 Inserted by 25 Geo. V No. 43, s. 3 ][Section 432 Amended by No. 13 of 1996, s. 21, Applied:01 Jul 2001] . . . . . . . .(1) In any case in which a judge or person presiding in a court of record or a petty sessional court, or any person before whom a writ of inquiry is executed, is of opinion that any person has in any proceeding before him been guilty of perjury, he may order the prosecution of that person if there appears to be reasonable cause for such prosecution, and may commit him, or admit him to bail, to take his trial at the proper court; and may require any person to enter into a recognizance to prosecute or give evidence against the person so ordered to be prosecuted.(2) No such order as aforesaid shall be given in evidence upon any trial resulting from such order.
433. Recognizance to keep the peace, &c., may be forfeited on proof of conviction
[Section 433 Inserted by 25 Geo. V No. 43, s. 3 ](1) Where any recognizance to keep the peace or to be of good behaviour is entered into by any person, as principal or surety, before the Supreme Court, or before any justice, it shall be lawful for a judge, upon –to declare such recognizance to be forfeited.(a) application made to him;(b) production of such recognizance; and(c) proof of a conviction of the party bound by such recognizance of any offence which is in law a breach of the condition of the same; and that a notice in writing, signed by the person seeking to put such recognizance in force, has, 7 clear days before such application is made, been personally served upon or left at the usual place of abode of the party or each of the parties, if more than one, who entered into such recognizance, that an application will be made to the said judge that the said recognizance shall be declared forfeited –(2) If such recognizance is declared forfeited the same shall be enforced as a forfeited recognizance as provided by section 431 .
434. Procedure generally upon forfeited recognizance
[Section 434 Inserted by 25 Geo. V No. 43, s. 3 ]Where no mode for enforcing the condition of any recognizance is provided in any Act, all such proceedings shall be had and taken in the manner hereinbefore directed for enforcing the condition of any recognizance to keep the peace or be of good behaviour.[Section 435 Repealed by No. 3 of 1991, s. 7 and Sched. 1 ]. . . . . . . . [Section 436 Repealed by No. 3 of 1991, s. 7 and Sched. 1 ]. . . . . . . . [Section 437 Repealed by No. 3 of 1991, s. 7 and Sched. 1 ]. . . . . . . . [Section 438 Repealed by No. 3 of 1991, s. 7 and Sched. 1 ]. . . . . . . . [Section 439 Repealed by No. 3 of 1991, s. 7 and Sched. 1 ]. . . . . . . . [Section 440 Repealed by No. 3 of 1991, s. 7 and Sched. 1 ]. . . . . . . . [Section 441 Repealed by No. 3 of 1991, s. 7 and Sched. 1 ]. . . . . . . . [Section 442 Repealed by No. 3 of 1991, s. 7 and Sched. 1 ]. . . . . . . . [Section 443 Repealed by No. 3 of 1991, s. 7 and Sched. 1 ]. . . . . . . . [Section 444 Repealed by No. 3 of 1991, s. 7 and Sched. 1 ]. . . . . . . . [Section 445 Repealed by No. 3 of 1991, s. 7 and Sched. 1 ]. . . . . . . . [Section 446 Repealed by No. 3 of 1991, s. 7 and Sched. 1 ]. . . . . . . . [Section 447 Repealed by No. 3 of 1991, s. 7 and Sched. 1 ]. . . . . . . . [Section 448 Repealed by No. 3 of 1991, s. 7 and Sched. 1 ]. . . . . . . . [Section 449 Repealed by No. 3 of 1991, s. 7 and Sched. 1 ]. . . . . . . . [Section 450 Repealed by No. 3 of 1991, s. 7 and Sched. 1 ]. . . . . . . . [Section 451 Repealed by No. 3 of 1991, s. 7 and Sched. 1 ]. . . . . . . . [Section 452 Repealed by No. 3 of 1991, s. 7 and Sched. 1 ]. . . . . . . .
Chapter L - Savings and Transitional Provisions
453. Abolition of capital punishment
After the commencement of the Criminal Code Act 1968 , the sentence of punishment by death is no longer to be pronounced or recorded, and the punishment of death is no longer to be inflicted, in respect of crimes committed against the laws of the State.
454. Term of sentence of imprisonment
Except as is otherwise expressly provided, references in any enactment to a sentence of imprisonment passed on any person for a term not less than or exceeding a specified term are to be construed as including references to a sentence of imprisonment passed on that person for the term of his or her natural life.
The amendments effected by the Criminal Code Amendment (Self-defence) Act 1987 do not apply to any act done before the day on which that Act commenced.
456. Non-application of amendments to section 338 (1)
Section 338 (1) , as amended by the Criminal Code Amendment Act 1987 , does not apply to an indictment for the crime of dishonestly obtaining a financial advantage committed before the day on which that Act received the Royal Assent.
(1) In this section, common law defence means a rule or principle of the common law that renders any circumstances a justification or excuse for any act or omission or a defence to a charge upon indictment.(2) For the avoidance of doubt, the repeal effected by section 4 of the Criminal Code Amendment (Year and a Day Rule Repeal) Act 1993 is not to be taken as reviving any common law defence that might, but for this section, be revived by the repeal.
458. Application of Bail Act 1994
Where, immediately before the commencement of the Bail (Miscellaneous Amendments) Act 1994 , a person was bound by recognizance under section 431 to surrender and to plead to any indictment that may be filed against that person, the application of the Bail Act 1994 extends to that person as if he or she were bound by a document signed under section 7 (2) (a) of the Bail Act 1994 to that effect.
If, before the commencement of the Justice (Miscellaneous Amendments) Act 1993 –(a) a copy of a summons was served on the Crown Solicitor or the Solicitor-General under section 304 , that copy is to be taken as having been served on the Director of Public Prosecutions; or(b) any act or thing was done by or in respect of the Crown Solicitor under section 368A in relation to a notice of alibi, that act or thing is to be taken as having been done by or in respect of the Director or Public Prosecutions.
APPENDIX A - Crimes for which Offender may be Arrested without Warrant[Appendix A Amended by 25 Geo. V No. 78 ][Appendix A Amended by No. 30 of 1973, s. 45 ][Appendix A Amended by No. 21 of 1992, s. 3 ][Appendix A Amended by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] [Appendix A Amended by No. 70 of 2003, s. 4, Applied:15 Dec 2003]
Assault. | Aggravated assault. | Any crime under Chapter V. | Piracy and offences deemed to be piracy. | Rioting. | Opposing the making of a riot proclamation. | Escape. | Unnatural sexual intercourse. | Murder. | Manslaughter. | Threatening to murder. | Instigating [or aiding] suicide. | Disabling with intent to facilitate the commission of an offence [or flight of an offender]. | Administering a drug with intent to facilitate the commission of an offence [or flight of an offender]. | Committing an unlawful act intended to cause bodily harm. | Preventing escape from a wreck. | Wounding or causing grievous bodily harm. | Intentionally endangering persons on a railway. | Wantonly endangering persons on a railway. | Causing injury by poison. | Rape. | Aggravated sexual assault. | Forcible abduction. | Stealing, other than stealing under sections 228 to 231 or under section 233. | Killing an animal with intent to steal. | Severing with intent to steal. | Robbery. | Aggravated Robbery. | Armed Robbery. | Aggravated Armed Robbery. | Demanding property with menaces with intent to steal. | Any crime under Chapter XXVII. | Receiving stolen property. | Arson or any other crime under Chapter XXXI, except under sections 272 to 276. | Attempting to commit any of such crimes as aforesaid. |
APPENDIX B - Crimes Referred to in Sections 27 (5) and 30 (3)[Appendix B Amended by 25 Geo. V No. 78 ][Appendix B Amended by No. 30 of 1973, s. 46 ][Appendix B Amended by No. 17 of 1985, s. 7 ]
Form
APPENDIX C - Forms of Indictment[Appendix C Amended by No. 30 of 1973, s. 47 ][Appendix C Amended by No. 46 of 1991, s. 4 ][Appendix C Amended by No. 70 of 2003, s. 4, Applied:15 Dec 2003]
Form
APPENDIX D - Oaths and Affirmations[Appendix D Inserted by 25 Geo. V No. 43, s.3 ][Appendix D Amended by No. 46 of 1991, Sched. 2 ]
Form I - Juror's Oath in Criminal Trials[Appendix D Amended by No. 39 of 1998, s. 13, Applied:18 Dec 1998]
Form II - Juror's Affirmation in Criminal Trials[Appendix D Amended by No. 39 of 1998, s. 13, Applied:18 Dec 1998]
Form III - Juror's Oath On Leaving Court
Form IIIA - Juror's Affirmation on leaving court[Appendix D Amended by No. 39 of 1998, s. 13, Applied:18 Dec 1998]
Form IV - Oath Of Officer Or Officers In Charge Of A Jury
Form V - Oath Of Officers In Charge Of A Jury Sent To View
Form VI - Shower's Oath On A View[Appendix D Amended by No. 80 of 2001, Sched. 1, Applied:01 Jul 2002]
Form VII - Oath Of A Witness On A Trial
Form VIII - Oath Of A Witness On An Inquiry
APPENDIX E - Form Of List Of Other Offences Charged[Appendix E Inserted by No. 30 of 1973, s. 48 and Sched. 1 ]
Form
APPENDIX F[Appendix F Inserted by 25 Geo. V No. 43, s. 3 ]
Form
SCHEDULE 2 - Statutes of Tasmania[Schedule 2 Amended by 15 Geo. V No. 34, s. 3 ][Schedule 2 Amended by 25 Geo. V No. 43, s. 3 ][Schedule 2 Amended by 25 Geo. V No. 78 ]
Regnal Year and Number of Act | Title of Act | Extent of Repeal | 2 Vict. No. 18 | An Act for extending to this Colony sundry Statutes passed for the amendment of the Criminal Law in Cases of Forging and Piracy | The whole Act | 12 Vict. No. 1 | An Act to encourage the Establishment of Banks for Savings in Van Diemen's Land | Section 13 | 18 Vict. (Private) | Hobart Town Gas Company's Act | Section 21 | 22 Vict. No. 23 | Mental Hospitals Act 1858 | Section 15 from the word "and" in the twelfth line thereof to the word "misdemeanour" in the fifteenth line thereof; and from the word "and" in the twenty-eighth line thereof to the end of the section Section 34 from the word "and" in the twelfth line thereof to the end of the section Section 43 from the word "and" in the third line thereof to the end of the section | 22 Vict. (Private) | Launceston Gas Company's Act | Section 27 | 25 Vict. No. 16 | Real Property Act 1862 | Section 139 from the word "such" in the thirteenth line thereof to the word "and" in the sixteenth line thereof Sections 140 and 141 | 27 Vict. No. 6 | An Act to consolidate and amend the Legislative Enactments relating to Accessories to and Abettors of Offences | The whole Act | 27 Vict. No. 9 | An Act to consolidate and amend the Legislative Enactments relating to Forgery | The whole Act | 27 Vict. No. 10 | An Act to consolidate and amend the Legislative Enactments concerning Offences relating to Coin | The whole Act | 32 Vict. No. 11 | Prison Act 1868 | Sections 21 to 23 Section 32 | 32 Vict. No. 10 | Treason Felony Act | The whole Act | 34 Vict. No. 33 | Debtors Act 1870 | Sections 9 to 12 Sections 16 and 17 Section 20 | 37 Vict. No. 6 | Criminal Law Procedure Act 1873 | The whole Act | 38 Vict. No. 6 | Life Assurance Companies Act 1874 | Section 31 | 39 Vict. No. 17 | Foreign Recruiting Act 1875 | The whole Act | 40 Vict. No. 8 | Falsification of Accounts Act 1876 | The whole Act | 45 Vict. No. 1 | Quarantine Act 1881 | Sections 21 and 24 | 45 Vict. No. 14 | Criminal Law Procedure Act 1881 | The whole Act | 46 Vict. No. 16 | Public Trusts Act 1882 | Sections 44 and 45 | 48 Vict. No. 15 | Mining Companies Act 1884 | Section 150 Sections 152 and 153 | 48 Vict. No. 16 | Mining Companies (Foreign) Act 1884 | Section 6 from the word "every" in the ninth line thereof to the end of the section Subsection (2) of section 9 | 49 Vict. No. 35 | Mental Hospitals Act 1885 | Section 8 from the word "and" in the ninth line thereof to the end of the section | 49 Vict. No. 6 | Married Women's Property Act 1885 | The whole Act | 49 Vict. No. 23 | Offences Against the Person Act 1885 | The whole Act | 51 Vict. No. 16 | Friendly Societies Act 1888 | Paragraph VII of section 13 | 52 Vict. No. 8 | Charitable Institutions Act 1888 | Sections 16 and 17 | 53 Vict. No. 27 | Trades Unions Act 1889 | Section 24 | 53 Vict. No. 32 | Formby Water Act 1889 | Section 55 | 54 Vict. No. 51 | Glenorchy Water Act 1890 | Section 126 | 54 Vict. No. 52 | Latrobe Water Act 1890 | Section 125 | 55 Vict. No. 2 | Treasury Bills Act 1891 | Section 6 | 56 Vict. No. 8 | Arbitration Act 1892 | Section 26 | 56 Vict. No. 31 | St Helens Water Act 1892 | Section 102 | 58 Vict. No. 8 | An Act to further amend the Law relating to Offences against the Person | The whole Act | 58 Vict. No. 31 | Launceston Water and Light Act 1895 | Section 93 | 59 Vict. No. 34 | Cressy Water Act 1894 | Section 95 | 59 Vict. No. 6 | Local Inscribed Stock Act 1895 | Section 17 | 59 Vict. No. 9 | Registration of Births and Deaths Act 1895 | Sections 44 and 48 | 59 Vict. No. 11 | Defamation Act 1895 | Sections 25 to 31 Section 35 Sections 37 to 39, so far as they relate to criminal proceedings Section 40 | 59 Vict. No. 23 | Marriage Act 1895 | Section 25 from the word "and" where it secondly occurs in the fifth line thereof to the end of the section Sections 45 to 53 Section 55 The words "or prosecution" in the first line of Section 60 | 59 Vict. No. 54 | Ross Water Act 1895 | Section 81 | 59 Vict. No. 55 | Scottsdale Water Act 1895 | Section 36 | 60 Vict. No. 48 | Local Courts Act 1896 | Section 61 | 62 Vict. No. 64 | Westbury and Hagley Water Act 1898 | Section 93 | 62 Vict. No. 65 | Perth Water Act 1898 | Section 97 | 62 Vict. No. 66 | Longford Water Act 1898 | Section 123 | 62 Vict. (Private) | Zeehan Electric Light and Power Act 1898 | Section 56 | 63 Vict. No. 5 | Offences Against the Person Act 1899 | The whole Act | 63 Vict. No. 32 | Jury Act 1899 | Section 67 | 63 Vict. No. 34 | Registration of Firms Act 1899 | Section 14 | 64 Vict. No. 65 | Gormanston Water Act 1900 | Section 67 | 64 Vict. No. 66 | Beaconsfield Water Act 1900 | Section 54 | 1 Edw. VII No. 45 | Burnie Water Act 1901 | Section 69 | 2 Edw. VII No. 51 | Deloraine Water Act 1902 | Section 71 | 2 Edw. VII (Private) | Hobart Tramway Company's Amendment Act 1902 | Section 26 | 3 Edw. VII No. 43 | Swansea Water Act 1903 | Section 62 | 4 Edw. VII No. 19 | Fingal Water Act 1904 | Section 71 | 5 Edw. VII No. 47 | Ulverstone Water Act 1905 | Section 71 | 6 Edw. VII No. 21 | Secret Commissions Prohibition Act 1906 | The whole Act | 6 Edw. VII No. 28 | Bracknell Water Act 1906 | Section 62 | 6 Edw. VII No. 31 | Local Government Act 1906 | Subsections (2) and (3) of Section 240 Section 241 | 7 Edw. VII No. 8 | Larceny Act 1907 | The whole Act | 8 Edw. VII No. 6 | Limited Partnerships Act 1908 | Section 12 | 1 Geo. V No. 4 | Offences Against the Person Act 1910 | The whole Act | 1 Geo. V No. 17 | Malicious Injuries to Property Act 1910 | The whole Act | 1 Geo. V No. 47 | Land and Income Taxation Act 1910 | Section 124 | 3 Geo. V No. 4 | Wynyard Water Act 1912 | Paragraph I of Section 23 | 3 Geo. V No. 17 | Offences Against the Person Act 1912 | The whole Act | 5 Geo. V No. 32 | Public Works Committee Act 1914 | Section 24 | 6 Geo. V No. 32 | Branxholm Water Act 1915 | Section 54 | 7 Geo. V No. 31 | Amusements Duties Act 1916 | Sections 21 to 23 | 9 Geo. V No. 3 | Audit Act 1918 | Section 36 Sections 38 and 39 | 10 Geo. V No. 63 | Tasmanian Government Insurance Act 1919 | Section 10 from the word "and" where it first occurs in the ninth line thereof to the end of the section | 11 Geo. V No. 50 | Mental Deficiency Act 1920 | Section 101 | 11 Geo. V No. 66 | Companies Act 1920 | Section 45 Sections 215 and 217 | 12 Geo. V No. 44 | Indeterminate Sentences Act 1921 | Sections 4 and 5 Subsection (3) of Section 6 | 12 Geo. V No. 51 | Lilydale Water Act 1921 | Section 53 | 12 Geo. V No. 60 | Marine Act 1921 | Section 123 | 13 Geo. V No. 18 | Larceny Act 1923 | The whole Act |