CHAPTER IX-UNLAWFUL ASSEMBLIES: BREACHES OF THE PEACE

CRTMINAL CODE ss. 60-61 45

member, or in any Committee thereof, or in any joint Committee of both Houses, shall be influenced thereby, or shall be given in any particular manner or in favour of any particular side of any question or matter, is guilty of a crime, and is liable to imprisonment with hard labour for seven years, and is disqualified from sitting or voting as a member of either House of Parliament for seven years.

The offender cannot be arrested without warrant.

er of en$. Any person who--- ( 1 ) In order to iduence a member of either House

in his vote, opinion, judgment, or action, upon

or matter arising in the House of which he is a member or in any Committee thereof, or in any joint ~ o m ~ i t t e e of both Houses, or in order to induce him to absent himself from the House or from any such Committee, gives, confers, or procures, or promises or offers to give or coder, or to procure or attempt to procure, any property or benefit of any kind to, upon, or for, such member, or to, upon, or for, any other person; or

mpts, directly or indirectly, by fraud, or by threats or midation of any kind, to influence a member of either se of Parliament in his vote, opinion, judgment, or action, upon any such question or matter, or to induce him to so.

absent himself;

is guilty of a crime, and is liable to imprisonment with hard labour for seven years.

The offender cannot be arrested without warrant.

Where a person has been convicted (whether before or after the first day of July, one thousand nine hundred and twenty-two) oE an offence under this section, all property which has been tendered or produced in evidence at the trial of the offender, as being the pr or part of the property which the oEender in the course of the commission of such offence gave, conferred or procured, or promised or offered to give, or confer or to procure, or attempt to procure, to, upon, or for a Member of the Legislative Assembly of Queensland, or to, upon, or for any other person, shall become and be deemed to have become forthwith upon such conviction and without any further judgment or order the absolute property of His Majesty, whether such property is the property of the offender or of any other person,

As amended by Amendment Act a€ 1922 (No. 21, 13 Geo. 5 No. 26, s. 2.

4 6 ^SS. 62-64 CRIMINAL CODE

An assembly of three or more persons who assemble for the purpose of protecting the house of any one of them against persons threatening to break and enter the house in order to commit an indictable offence therein is not an unlawful assembly.

When an unlawful assembly has begun to act in so tumultuous a manner as to disturb the peace, the assembly is called a riot, and the persons assernbled are said to be riotously assembled.

em$ of ^~~~~~~~ A ~ ~Any person who takes part ~ ~ ~ ~ y . in an unlawful assembly is guilty of a misdemeanour, and is liable to imprisonment for one year.

The offender may be, and it is hereby declared that he always was liable to be, arrested without warrant.

As amended by Amendment Act of 1939, 3 Geo. 6 No. 28, s. 3.

io$. Any person who takes part in a riot is guilty of a m~sdemea~our, and is liable to imprisonment with hard labour for three years.

The offender may be, and it is hereby declared that he always was liable to be, arrested without warrant.

As amended by Amendment Act of 1939, 3 Geo. G No. 28, s. 3.

to enever any persons, to the number of twelve or more, are

assembled together, it is the duty of some one of the following persons, that is to say, the sheriff or under-s~~eriff or a justice of the peace, or, if the assembly is in a municipality, the mayor, to go amongst them, or as near as he can safely come to them, and to command or cause to be c o ~ ~ a n d e d 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 Lady the Queen charges and commands all persons here assembled immediately to disperse themselves and peaceably to depart to their habitations or to their lawful business, or they will be guilty of a crime, and will be liable to be imprisoned and kept to hard labour for life. Cod Save the Queen!

Any person who wilfully and knowingly, and by force, opposes, obstructs, or hurts, any person who goes to make, or begins to make, any such proclamation, and thereby prevents the proclamation from being made, is guilty of a crime,

Any persons who, being so assembled, co~tinue together to the number of twelve or more, and do not disperse themselves within the space of an hour after the making of the proclamation, are guilty of a crime.

When the making of the proclamation is prevented, any persons who, being so assembled, and to whom the proclamation would or ought to have been made if the making thereof had not been SO prevented, and who, knowing of such prevention, continue together to the number of twelve or more, and do not disperse themselves within the space of an hour after the time of such prevention, are guilty of a crime.

Any person who commits any of the crimes defined in this section is liable to imprisonment with hard labour for life, with or without solitary confinement.

CRIMINAL CODE s5.65-59 449'

A prosecution for any of the crimes defined in this section must be begun within a year after the crime is committed.

ieags, etc. Any persons who, being riotously assembled together? unlawfully pull down or destroy, or begin to pull down or destroy-

( a ) Any building whatever; or

( b ) Any machinery whatever, whether fixed or moveable; or (c) Any structae used in farming land, or in carrying on any

trade or manufacture, or in conducting the business of a mine; or

(d) Any bridge, wagon-way, or trunk, for conveying materials from a mine;

are guilty of a crime: and each of them is liable to imprisonment witb hard labour for life, with or without solitary confinement.

cry, etc. Any persons who, being riotously asse ~nl aw f u~ ly damage any of the things in the last preceding section mentioned, are guilty of a crime: and each of them is liable to imprisonment with hard labour for seven years.

s, Any persons who assemble together, to the number of three or more, armed with firearms or other dangerous or offensive weapons, in order to effect or aid in effecting any of the following purposes, that is to say,-

(a) The unlawful shipping, unshipping, loading, moving, or carrying away, of any goods the i m p o ~ a t ~ o n of which is prohibited, or any goods liable to Customs duties which duties have not been paid or secured;

(b ) " b e rescuing or taking of any such goods from any person authorised to seize them, or from any person employed by him or assisting him, or from any place which any such person has put them;

( d) The prevention of the arrest of any person guilty of any such crime, or of any person aiding in effecting any of the purposes in this section mentioned;

are guilty of a crime: and each of them is liable to imprisonment with t&e. Any persons who are found six or more, having with them any goods liable to forfeiture under any law relating to the Customs, and carrying firearms or other dangerous or offensive weapons, or disguised?

are guilty of a crime: and each of them is liable to ~ p r i s o n m ~ n t with hard labour for seven years.

SO as to Cause Fear. Any person who goes armed in public without lawful occasion in such a manner as to cause fear to any person is guiliiy of a misdemeanour, and is liable to imprisonment with hard labour for two years.

The offender may be, and it is hereby declared that he always was liable to be, arrested without warrant.

As amended by Amendment Act of 1939, 3 Geo. 6 No. 28, s. 3; Act of 1975, No. 27, s. 4.

ether, to the

48 ss.70-77 CRIMINAL CODE

70. ~ o ~Entry. c ~ Any person who, in a manner likely to ~ l ~ ^cause a breach of the peace or reasonable apprehension of a breach of the peace, enters on land which is in the actual and peaceable possession of another is guilty of a misdemeanour, and is liable to imprisonment for one year.

It is immaterial whether he is entitled to enter on the land or not.

$aimer. Any person who, being in actual possession of lour of right, holds possession of it, in a manner likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, against a person entitled by law to the possession of the land is guilty of a misdemeanour, and is liable to imprisonment for one year, ray. Any person who takes part in a fight in a public highway, s part in a fight of such a nature as to alarm the public in any other place to which the public have access, is guilty of a misdemeanour, and is liable to imprisonment with hard labour for one year.

mel. Any person who challenges another to ts to provoke another to fight a duel, or attempts to provoke any person to challenge another to fight a duel, is guilty of a misdemeanour, and is liable to imprisonment with hard labour for three years.

7 hlt, Any person who fights in a prize fight, or subscribes to

0 a prize fight, is guilty of a misdemeanour, and is liable to i m ~ r i s o ~ m e n t €or one year.

iolence. Any person who-

ntent to intimidate or annoy any person, threatens (2) With intent to alarm any person, discharges loaded firearms is guilty of a misdemeanour, and is liable to imprisonment with hard labour for one year,

If the offence is committed in the night the offender is guilty of a crime, and is liable to imprisonment with hard labour for two years.

to break or injure a d w e ~ ~ g - h Q ~ s e ; or or commits any other breach of the peace;

As amended by Act of 1975, Nu. 27, s. 5 .

g. Any persons who assemble together, to the number of three or more, for the purpose of unshipping, carrying, or concealing, any goods subject to Customs duty and liable to forfeiture under any law relating to the Customs, are guilty of an offence, and each of them is liable on summary conviction to a fine not exceeding two hundred dollars, or to imprisonment with hard labour for six months.

Decimal currency reference substituted pursuant to section 7 of Decimal Currency Act of 1965.

77. Umbwfd Processions. (1) Any persons who assemble together, to the number of three or more, under any of the following circumstances, that is to say,-

(a) Bearing or wearing or having amongst them any firearms or other offensive weapon; or

(b) Publicly exhibiting any banner, emblem, flag, or symbol, the displaying of which is calculated to promote animosity between Her Majesty’s subjects of different religious faiths; or

CRIMINAL CODE ~3.78~79 49

(c) Being accompanied by any music of a like nature or and being so assembled, join in any parade or procession for the purpose of celebrating or commemorating any festival, anniversary, or political event, relating to or connected with any religious or political distinction or difference between any classes of Her Majesty’s subjects, or of demon- strating any such religious or political distinction or difference, are guilty of an offence; and each of them is liable on summary conviction to imprisonment for one month.

If the offender is himself bearing or wearing firearms or any other offfensive weapon, he is liable on summary conviction to imprisonment for

ix months.

(2) When three or more persons are so assernbled together, it is the duty of a justice of the peace to read or repeat aloud, or cause some other person to read or repeat aloud, to the persons assembled a command

in

these words or to the like effect:-

Any persons who, being so assembled, continue together to the number of three or more, and do not disperse themselves within the space of a quarter of an hour after the giving of the command are guilty of an offence: and each of them is liable on summary conviction to imprisonment for three months.

( 3 ) A justice may issue a warrant in the first instance for the arrest sf any such offender, either on the oath of a credible person or on his own view.

(4) This section does not apply to a parade or procession held in the course of an election for any office or place of a public character.

tendency;

CHAPTER X-OFFENCES AGAINST POLITICAL LIBERTY

Dalam dokumen This copy is not an authorised reprint within the meaning of the Reprints Act 1992 (Qld). (Halaman 48-52)