S C * The several Statutes of the Realm annexed to this Act shall be repealed so far as they are in force in Queensland to it. From and after the commencement of the Code, no person shall be liable to be prosecuted or punished in Queensland as for an indictable offence, except under the express provisions of the Code or any other statute law of Queensland.
PART IV-ACTS INJURIOUS TO THE PUBLIC IN GENERAL
Illegally making postal envelopes or setting up post office or office for the sale of stamps, or obstructing post office. Making charges for use of telegraph line without authorization Erecting or maintaining telegraph lines without authorization Obstructing the possession of post and telegraph officers, etc.
PART V-OFFENCES AGAINST THE PERSON AND
Defense of movable property against intruders. Defense of movable property with claim to rights. Defense of movable property without claim to rights. Defense of possession of real estate or vessel with title. Exercise of right of way or easement.
PART VI-OFFENCES RELATING TO PROPERTY AND CONTRACTS
Defense in case of defamation by words, sounds, signs, signals, or Publishing or threatening to publish defamatory matter with intent Liability of owner, publisher and editor of periodicals. Secret commission to trustee in exchange for superseded appointment 4 4 2 ~. Liability of director, etc., acting without authority. given or to be given.
PART VIII-PROCEDURE
Ex OFFICIO PROSECUTION Information with leave of court by private prosecutors Security to be given by prosecutor for costs of defense Service of information. Copies of depositions must be admitted to persons committed for trial. Inspection of depositions during trial.
PART I-INTRODUCTORY
Definition of Offence. An act or omission which renders the person doing the act or making the omission liable to punishment is called an
It is irrelevant that due to circumstances unknown to the offender, it is impossible to actually commit the offense. The expression "The offender may be arrested without the provisions of this Code relating to the warrantless arrest of perpetrators or suspected perpetrators being applicable to the offense in question, generally or subject to such conditions, if any, as belongs to the time, the place. , or circumstance, or as to the person authorized to make the arrest, as specified in the particular case.
CHAPTER 11-PARTIES TO OFFENCES
- Mode of Execration 1materia.L When a person counsels another to commit an offence, and an offence is actually committed after such
But in such a case it is a defense to the charge to prove that the accused did not intend the act or omission to have effect in Queensland. A prosecution cannot be instituted under the provisions of this section, except at the request of the Government of the State having j u r i ~ d i ~ ~ ~ n in the place where the act or lolmissioln o'ccur,.
CHAPTER IV-PUNISHMENTS 18
CRIMINAL SIBILITY
A person under the age (of ten years) is not criminally liable for any act or omission. A person under fifteen years of age is not criminally liable for an act or omission unless it is proved that at the time of the act or omission he had the capacity knowing that he ought not to do the act or to omit it.
PART 11-OFFENCES AGAINST PUBLIC 0
Upon the prosecution of a husband on the complaint of his wife for an offense committed in relation to her property and on the prosecution of a woman on the complaint of her husband for an offense committed in relation to his property, the wife or the husband, as the case may be, is a competent and binding witness. In this section, the term "property" used in relation to a woman means her separate property.
CHAPTER VI-TREASON AND OTHER OFFENCES AGAINST
B[E Any person who advisedly attempts to effect any of the
A person who has been tried, and found guilty or acquitted on a charge of any of the crimes defined in this section, cannot subsequently be prosecuted for any other crime defined in this Chapter in respect of the same facts. In the case of any of the offenses defined in this Chapter, when the manifestation by an overt act of an intention to achieve any purpose is an element of the offence, every act of conspiracy with any person to accomplish that purpose , and every act done in furtherance of the purpose by any of the persons conspiring is deemed to be an overt act manifesting the intention.
CHAPTER VII-SEDITION 44
Prosecution for any of the offenses set forth in this section must be commenced within six months after the commission of the offense. A person may not be convicted of any of the offenses set forth in this section on the uncorroborated testimony of a witness.
CHAPTER VIII-OFFENCES AGAINST THE EXECUTIVE
Any person who, during an examination before the House of Parliament or before an ITTEC, gives a false answer to a lawful and relevant question put to him during the examination shall be guilty of an offense and liable to imprisonment for seven years at hard labor . of either House, or for a joint committee of both Houses, D@Y. The perpetrator cannot be arrested without a warrant. A person cannot be convicted of the offense described in this section based on the uncorroborated testimony of one witness.
CHAPTER IX-UNLAWFUL ASSEMBLIES: BREACHES OF THE PEACE
Any person who takes part in a riot is guilty of a m~demea~our, and is punishable with imprisonment with hard labor for three years. If the offense is committed at night, the offender is guilty of a felony and may be sentenced to two years in prison with hard labor.
CHAPTER X-OFFENCES AGAINST POLITICAL LIBERTY Any person who by violence, or
Any persons who, being so assembled, remain together until three or more, and do not disperse within a quarter of an hour after the order is given, are guilty of a misdemeanor; and every one of them is liable on summary conviction to imprisonment for three months. 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.
CHAPTER XI-PIRACY
Consults or conspires with or attempts to corrupt any master or officer or any seaman with intent to make him run away with or surrender any ship, goods or merchandise, or turn pirate or go over to pirates; or lays violent hands on the master of the ship with intent. Any person who, within the territorial jurisdiction of $ Q ~ ~ ~ Queensland, does any of the acts accompanying with intent to commit the crime of piracy in respect of a ship, that is>-.
CHAPTER XII-DISCLOSING OFFICIAL SECRETS
3) Unlawfully do any act which renders the life of such person guilty of a crime and liable to imprisonment with penal servitude for life, which cannot be mitigated or modified under Article Nineteen of this Code. Any person who, as a certificate in respect of any matter likely to adversely affect the rights of any person, issues a certificate which, to the best of his knowledge, is false in any material whatsoever. i c u l a r is guilty of a criminal offense and faces a prison sentence of three years with bard labor.
CHAPTER XVI-OFFENCES RELATING TO THE ADMINISTRATION
Anyone who bears false witness is punished by imprisonment with hard labor for fourteen years. In other cases, the offender is punished with imprisonment with forced labor for up to seven years.
CHAPTER XVII-ESCAPES: RESCUES
Any person keeping a common playhouse is guilty of an offence, and is liable to imprisonment with hard labor for three years. Any person who opens, keeps or uses an ordinary betting house is guilty of an offense and is liable to imprisonment with hard labor for three years.
CHAPTER XXIV-OFFENCES AGAINST PUBLIC HEALTH
CHAPTER XXV-MISCELLANEOUS OFFENCES
PART V-OFFENCES AGAINST THE PERSON AND RELATING TO iMAREPPAGIE AND PARE3VTAL RIGHTS AND DUTIES AND
CHAPTER XXVI-ASSAULTS AND VIOLENCE TO THE PERSON GENERALLY
When a person has lawfully arrested another person for any criminal offence, he is lawful to use such force as he, on reasonable grounds, considers necessary to prevent the escape or rescue of the arrested person. When someone is sitting on a pea. When in possession of any land, structure or vessel with a rightful claim, he and any person acting under his authority are entitled to use such force as is reasonably necessary to defend his possession, even against a person who by law is entitled to possession of the goods, provided that he does not cause bodily harm to that person.
Any person who, when a woman gives birth to 3 children, attempts, by any secret disposition of the dead body of the child, to conceal the birth, whether the child died before, at, or after its birth, is guilty of a misdemeanor and shall be sentenced to imprisonment with hard labor for two years. Any person who, being a person in actual control of a steamship, or of any part of the machinery of a steamship, does any act or omits to act or is aware of any act or omission in relation to ship's machinery, where, to his knowledge, the safety of any person on board the ship is or is likely to be endangered) is guilty of a misdemeanor and liable to imprisonment for a term of three years.
CHAPTER XXX-ASSAULTS
Anyone who unlawfully and indecently assaults a woman or girl is guilty of a misdemeanor and is punishable by imprisonment with hard labor for up to seven years. Anyone who commits the crime of kidnapping for ransom is liable to imprisonment with hard labor for up to fourteen years.
CHAPTER XXXV-DEFAMATION
To publish a fair comment in relation to any of the matters in respect of which the publication of a fair report in good faith for the information of the pnblic is declared lawful by the last preceding article;. If the publication is made in good faith for the protection of the interests of the person who malts the publication, or of another person, or for the public interest;.
PART VI-OFFENCES RELATING TO PROPERTY AND CONTRArnS
- Securities, Titles,
- h n g of Accuse n, If, when the accused person is called upon to plead to the indictment, it
VI Certificate issued in accordance with the provisions of the laws relating to quarantine;. the offender is sentenced to ~ p r i s o ~ e n t with hard labor for seven years, with or without solitary confinement. The indictment is therefore changed according to the court's decision.
