1 of ~~~~~~~~
.
In this Chapter the term “judicialP ludes any had or taken in or before any
Court, tribunal, or person, in which evidence may be taken on oath.
on. Any person who-
OF JUSTICE
(1 ) Being the holder of a judicial office, corruptly asks, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or any other person on account of any thing already done or omitted to be done, or to be afterwards done or omitted to be done, by him in his judicial capacity; or
(2) Corruptly gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, to, upon, ~r for, any person holding a judicial office, or to, upon, or for any other person, any property or benefit of any kind on account of any such act or omission on the part of the person holding the judicial office;
is guilty of a crinae, and is liable to imprisonment with hard labour for fourteen years, and to be fined at the discretion of the Court.
The offender cannot be arrested without warrant.
The term “holder of a judicial office” in this section includes an arbitrator or umpire; but in the case of an offence c o ~ m i t t e d by or with respect to any such person the longest term of i~prisonment is seven years.
A prosecution for any of the offences firstly defined in this section cannot be begun except by the direction of a Crown Law officer.
ces. h y person who-
(1) Being a justice not acting judicially, or being a person employed in the Public Service in any capacity not judicial for the prosecution or detention or punishme~t of offendersS corruptly asks, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or any other person, on account of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by him, with a view to corrupt or improper interference with the due administration of justice, or the procurement or facilitation of the commission of any offence, or the protection of any offender or intending offender from detection or punishment; or
(2) Corruptly gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, to, upon, or for, any such person, or to, upon, or for, any other
62 S. 122-125 CRIMINAL CODE
person, any property or benefit of any kind, on account of any such act or omission on the part of the justice or other person so employed;
is guilty of a crime, and is liable to imprisonment with hard labour for fourteen years, and to be fined at the discretion of the Court;
The offender cannot be arrested without warrant.
122. Corrupting or Threatening Jurors. Any person who-
( 1 ) Attempts by threats or intimidation of any kind, or by bene- fits or promises of benefit of any kind, or by other corrupt means, to influence any person, whether a particular person or not, in his conduct as a juror in any judicial proceeding, whether he has been sworn as a juror or not; or
(2) Threatens to do any injury or cause any detriment of any kind to any person on account of anything done by him as a juror in any judicial proceeding; or
( 3 ) Accepts any benefit or promise of benefit on account of anything to be done by him as a juror in any judicial pro- ceeding, whether he has been sworn as a juror or not, or on account of anything already done by him as a juror in any judicial proceeding;
is guilty of a misdemeanour, and is liable to imprisonment with hard labour for three years.
123. Perjury. Any person who in any judicial proceeding, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question then depending in that proceeding, or intended to be raised in that proceeding, is guilty of a crime, which is called perjury.
It is immaterial whether the testimony is given on oath or under any other sanction authorised by law.
The forms and ceremonies used in administering the oath or in otherwise binding the person giving the testimony to speak the truth are immaterial, if he assents to the forms and ceremonies actually used.
It is immaterial whether the false testimony is given orally or in writing.
It is immaterial whether the court or tribunal is properly constituted, or is held in the proper place, or not, if it actually acts as a court or tribunal in the proceeding in which the testimony is given.
It is immaterial whether the person who gives the testimony is a competent witness or not, or whether the testimony is admissible in the proceeding or not.
The offender cannot be arrested without warrant.
enf of Perjury. Any person who commits perjury is liable to imprisonment with hard labour for fourteen years.
If the offender commits the crime in order to procure the conviction of another person for a crime punishable with imprisonment with hard labour for life, he is liable to imprisonment with hard labour for life.
125. Evidence on Charge of Perjury. A person cannot be convicted of committing perjury or of counselling or procuring the commission of perjury upon the uncorroborated testimony of one witness,
As amended by Act of 1922, 13 Geo. 5 No. 2, s. 3 (viii).
CRIMINAL CODE SS. 126-131 63
126. Fabricating Evidence. Any person who, with intent to mislead any tribunal in any judicial proceeding-
(1) Fabricates evidence by any means other than perjury or counselling or procuring the commission of perjury; or (2) Knowingly makes use of such fabricated evidence;
is guilty of a crime, and is liable to imprisonment with hard labour for seven years.
The offender cannot be arrested without warrant.
127. C O ~ U ~ ~ ~ Q L I of W ~ ~ s $ e s . Any person who-
(1) 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, any person, upon any agreement or understanding that any person called or to be called as a witness in any judicial proceeding shall give false testimony or withhold true testimony; or
(2) Attempts by any other means to induce a person called or to be called as a witness in any judicial proceeding to give false testimony or to withold true testimony; or
(3) Asks, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or any other person, upon any agreement or understanding that any person shall as a witness in any judicial proceeding give false testimony or withhold true testimony;
is guilty of a crime, and is liable to imprisonment with hard labour for seven years.
The offender cannot be arrested without warrant.
ecelivhg Witnesses. Any person who practices any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token, or writing, to any person called or to be called as a witness in any judicial proceeding, with intent to affect the testimony of such person as a witness, is guilty of a misdemeanour, and is liable to imprisonment with hard labour for three years.
129. IPestar~ying E v i ~ ~ ~ c ~ * Any person who, knowing that any book, document, or other thing of any kind, is or may be required in evidence in a judicial proceeding, wilfully destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence; is guilty of a misdemeanour, and is liable to imprisonment with hard labour for three years.
130. Preventing Witnesses from Atten g. Any person who wilfully prevents or attempts to prevent any person who has been duly summoned to attend as a witness before any court or tribunal from attending as a witness, or from producing anything in evidence pursuant to the subpEna or summons, is guilty of a misdemeanour, and is liable to imprisonment for m e year.
131. Conspiracy to bring False Accusation. Any person who conspires with another to charge any person or cause any person to be charged with any offence, whether alleged to have been committed in Queensland,
64 SS. 132-135 CRIMINAL CODE
01 elsewhere, knowing that such person is innocent of the alleged offence, or not believing him to be guilty of the alleged offence, is guilty of a crime.
If the offence is such that a person convicted of it is liable to be sentenced to imprisonment with hard labour for life, the offender is liable to imprisonment with hard labour for life.
If the offence is such that a person convicted of it is liable to be sentenced to imprisonment with hard labour, but for a term less than life, the offender is liable to imprisonment with hard labour for fourteen years.
In any other case the offender is liable to imprisonment with hard labour for seven years.
The offender cannot be arrested without warrant.
As amended by Act of 1922, 13 Geo. 5 No. 2, s. 3.
cce. Any person who conspires with another to obstruct, prevent, pervert, or defeat, the course of justice is guilty of a crime, and is liable to imprisonment with hard labour for seven years.
The off ender cannot be arrested without warrant.
es. Any person who asks, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or any other person, upon any agreement or umder- standing that he will compound or conceal a crime, or will abstain from, discontinue, or delay, a prosecution for a crime, or will withhold any evidence thereof, is guilty of an indictable offence.
If the crime is such that a person convicted of it is liable to be sentenced to imprisonment with hard labour for life, the offender is guilty of a crime, and is liable to imprisonment with hard labour for seven years.
In any other case the offender is guilty of a misdemeanour and is liable to imprisonment with hard labour for three years.
The offender cannot be arrested without warrant.
As amended by Act of 1922, 13 Geo. 5 No. 2, s. 3.
134. as. Any person who, having brought, or under pretence of bringing, an action against another person upon a penal statute in order to obtain from him a penalty €or any offence committed or alleged to have been committed by him, compounds the action without the order or consent of the Court in which the action is brought or is to be brought, is guilty of a misdemeanour, and is liable to imprisonment for one year.
,
etc. Any (1) Publicly offers a reward for the return of any property which has been stolen or lost, and in the offer makes use of any words purporting that no questions will be asked, or that the person producing such property will not be seized or molested; orperson who-
CRIMINAL CODE S S . 136-141 65
(2) Publicly offers to return to any person who may have bought or advanced money by way of loan upon any stolen or lost erty the money so paid or advanced, or any other sum
oney or reward for the return of such property; or (3) Prints or publishes any such offer;
is guilty of an offence, and is liable on summary conviction to a fine of one hundred dollars.
Decimal currency reference substituted pursuant t o section 7 of Decimal Currency Act of 1965.
.
Any person who- a justice and being required or authorised by law to an accused person to bail, without reasonable excuse, and in abuse of his o%ce, requires excessive and unreasonable ing a justice, wilfully and perversely exercises jurisdiction in any matter in wGch he has a personal interest;is guilty of a misdemeanour, and is liable to imprisonment for three years, and to be fined at the discretion of the Court.
e. Any person who, pon a charge of an offence, wilfully delays to take him before a justice to be dealt with according to law is guilty of a misdemeanour, and is liable to imprisonment for two years.
B g tis@ on ‘lute, Any person who, in the
n Ct f, or in of a real person but without
his authority, brings an action against another person upon a penal statute for the recovery of a penalty for any offence committed or alleged to have been committed by him is guilty of a misdemeanour, and is liable to imprisonment for two years.
of Any person
kno the men e false in any material particular, inserts or causes to be inserted in the Gazette or in any newspaper an a d ~ e ~ ~ i s e ~ e n t purporting to be published under the authority of any Court or tribund is guilty of a misdemeanour, and is liable to imprisonment with hard labour for two years.
s t h a Any person who attempts, in any way not specially defined in this Code, to obstruct, prevent, pervert, or defeat, the course of justice is guilty of a misdemeanour, and is liable to
~ ~ ~ ~ r i s o n m e n t with hard labour €or two years.