Clearly, the goal of the process is to write the whole thing. The great characteristic of this country's lnw, of all events in criminal law, is that it is extremely detailed and complex, leaving hardly any criticism to the judges.
PART VI.-OPFENUES RELATING TO PROPERTY AND CONTRAOT~
I accordingly concur with the Uhnptoy on Homicide (Cli. XXVITI. on this basis, and have proposed R. 677 on this basis) that in the case of mrnder, not being deliberate inlidor, the verdict may be adopted as in O ~ ~. I g f onpila1 cases except treason and intentional murder) be racorilccl instcad o l kcing acially passad, the definition of murder lias bcen sc lrnincd as t o oxcludo t h o t o s t oe a fe1oniolts I have resolved to include in the Draft EL a full statement of the existing written and unwritten procedures relating to the post-Cornmittall procedure, and have added a number of rules which resolve problems which not infrequently arise and which have not been authoritatively resolved.
PRINTING OF CODE
PART I.-INTRODUCTORY
OHAPTER XV.-OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE
Absolutely protected: privileges of judges, witnesses and others in courts of law Absolutely protected: record of official in-.
PART VI.--OFFENCES RBLATINC- TO PROPERTY AND CONTRACTS
PART VIII.--PROC1E DURE
PERTY CONNXOTEU WITH OFFENSES : DETENTION OF WOMEN UNL.iWBULT;Y DETENTED FOR IMivIOR-4L RJRPOSE : RESTORATION OF PROPERTY ILLEGALLY OBTAINED. Namos o€ jury will be given to person charged with trenson or concomlation or trea3oo.
DRAFT CODE
PART I.-INTRODUCTORP
UHAPTER I
In this Chapier the term "night" is in the interval between nine of the clock n t night and until olock in the morning of the next clay. A bnilding Iiithin do s n ~ c curlilago wlth, and occupied with, a dwelling house is deemed Lo bc pnrt of the dwelling house if tlwrr is a comrn11111cat~on between such building acl the clwelling-l~eou, or in the house. or by means of a covered a i d enclosed pnssngc lending from one to another, but not o t h e r ~ ~ i a c.
- an act or omisaion which r ~ n d ~ ~ s tho person doing the not or malring 1,110 omission
- When a pcrson, intending t o commit an offence, begins t o put his intention into execu-
- The expression “The offender may be arrested without warrant” means that the pro-
The expression “The offender may be arrested without a warrant” means that the pro-arrested without a warrant” means that the provisions of this Code relating to the arrest of offenders or suspected offenders without a warrant apply to the offense in question, either generally subject to any decisions as to time, place or circumstance, or as to the person authorized to make the arrest, as specified in the particular case. The expression “The offender cannot be arrested without a warrant” means that the provisions of this Code relating to the arrest of offenders or detected offenders without a warrant shall not apply to the offense in question, subject to such conditions, if.
GHAPTBR 11
- When an offence is committed, cac followingpersons is deemed t o lixve take
Whenever the Trial against a person is necessary to prove that the flesh has been boned, it is not necessary to prove the nctonl emission of a e f, but after proof of penetration only the cmnal knowledge must have been complete .
But a married woman need not be an accomplice, though her husband is guilty, by entertaining or assisting him to induce him to escape punishment.
A person cannot be punished for an act or omission unless he is not & or. if it occurred, if all of it occurred in Queensland, would constitute an offense where any of such acts or omissions or events occur in Queensland, although all or some of the other acts or omissions or events which, if occurring in Queensland, the elements of the offense would occur elsewhere than in Queensland; thcn-. This section does not apply to a case where the only material event OCCLUTING in Queensland is the death in Queensland of a person whose death was caused by an act done or omitted in a place other than Queensland and the time when it was not in Queensland.
Any person mho, havin,n while out of Queensland counselled or procured the
Any person who had, while outside Queensland, advised or procured. referred to the troops of her MGcsty iii QncensInnd, and not iuconmtcnb with tbe Qiiocnslandia, which allied itself with Defeucc's F o rm. Any officer iiiiiii Activo Murino Dcfonco Porce who is not a member of the D oC a tiliip'i c o m ~ i ~ ~ u y ie. aided while iil nibnclicd 11.y ilie Oovcrtior t o t l i u L i d Forqo for the purpose o i clrill, exelxiso or nctivo ~OPYICC, 1s.
Aperson cannot be tmice punished either under the provisions of this Code or under the
Thc criminal judge who. niny bc i n f l i c t e d undcr this Code tiro as Eollows :- undcr this Code tiro as Eollows :- .. 1ml)risonincnt witlioul linrd ld>us ; Dctcntion in an indnstrid or roformn-. In the construction of this Cloclo it must be taken bc, except wlicn it is expressly pro~icl~c1,-.
- When a person who is convicted of nn offence is undergohg, or has been sentcnced
- Nothing i n illis Codo dPocts Itor Mn- -$sty's Royal Yroi*ogativo OS Mcrcy
- Ignoimice of tho law does not afrord any excuse for an act 01- omission wliich w o u l d
- A person who does or omits t o do an act under an honest and reasonable, bn t, mistaken,
- Subtieet to the express provisions of this Code relating t o acts clone upon compulsion o r
- Every person is presumed to be of sound mind, and t o have been of sound mind at any
- Aperson is not criminally responsible for an act or omission if at the time of doing t h e
- person whoss mind, a t the time of his doina or omitting to do an act, is affected by
- The provisions of the last preceding section apply to the case of a person whose mind
- Except as expressly provided by this Code, il judicial officer is not crirninallyrespon-
- A pcrson is not criminally responsible for iln act or omission, if he docs or omits to do
- In exeoution o f tho Inw ;
- In obcclicnoc to tho ordor of a corn
- A husband and wife axe not chninally responsible for a conspiracy between themselves
- A person who, being a member of B
- The provision8 of this Chapter apply t o all persons charged with any ofl‘ence against
- PART 11.-OFPENCES AGAINST
A person is not criminally responsible for an act or omission if at the time of doing an act or omission at the time of doing the act or omission it is 6c in such rt. A person under the age of fourteen is not criminally responsible for an act or omission, unless it is proved that at the time of doing the act or the omission he had the capacity to know that he did not commit the act ought to do or the omission.
CHAPTBR VI
- Any person who-
- Any person who forms a11 intention to cffcct any of tlie following purposes, that is to
- A pewon cannot he tricd Cor treason Or
- A seditious enterprise is ibn enterprise which is unclertaken in order to the wrying
To compel, by coercion or coercion, the Savior to change its plans or advice, or to exercise any coercion upon, or to intimidate or overwhelm, any house or parliament of any of the three parts of the world. Lordship of Majesty; or (6) conspires with any other person. Her Majesty's dock advertisements, or of course a contract on a private wharf for Her Majesty's use; or (b) any of Her Majesty's msenals, mvgazines, dockyards, rope-yards or supply offices, or any of the buildings incorporated or appurtenant thereto; or. e) all timber or material brought there for the purpose of building, repairing or equipping ships or vessels; or ~. d) all Her Majesty's military, naval or supply stores or other munitions; or. e) any place where my military, naval or supply supplies or other munitions of VIW are charged. is guilty of a crime and upon conviction is liable to the penalty of denth.
48, Ally person who-
S dorosaid ;
- A pcrson who ta,Iccs any snch engagement as is mcntioiicd in t h o two la
A person who takes any such oath, engagement, Qr obligation as is mentioned in the last preceding articles cannot put it as a defense that he did so, unless-. The prosecution of any office defined in this article shall be after the commission of an offense in Mix monklis bcgnn.
Ally ~'Crsoll IThO-
If its members are, under its rules or pursuant to any provision or agreement for any purpose, required or permitted to take any such unlawful oath, undertaking or obligation. it is mentioned in Articles 20 and 21, or any oath not required or permitted by Lam; or. ZJ). If the names of all committees or selected members of the members, and of all officers of the association, are not entered in a box or in books to be kept for that purpose, and open to the justice of dl the members of the association; or. H.
Ally p"S0n wlto-
7b) Any bridge, wagoii-my, or Inink, for transportation. is guilty of a felony: and every one of thorn i R liable on conviction to penal servitude for life or for any term of three years, or imprisonment for a term not exceeding tmo years with or without hard labor m d with or without solitary conviction . If ruy peruons, at the iiimiber of three or iuorc, assemble for the purpose of collecting, carrying or concealing niiy go d s subject to Customs c l i ~ t y ' and liable to forfeiture under nuy lam rektting to the Oustams, each of them liablot, on sumivnry conriction bofor LWCI judges, to a fine not exceeding m e hnndred poniids and not less than twenty pouuds, or to imprisonment for a term not exceeding six months with or mithoat hard labour.
Aiiy person n+o-
PART 111.-OFFENCES AGAIXST T€IZ ADMINISTRATION OF LAW AND
Without mtlliority accepted to act with a person responsible by law to administer tin oallr or take solemn confirmation ON affidavit, or to do any otlicr act of a, public nature mii oilily bc doua by persons auctlinriml by doing the law. ;.
CHAPTER XIV
Any premises where alcoholic beverages are sold or supplied to the residents of: I. club, association or association which is not a permanent political club; or. iii.). Every part of such premises, unless it has a separate entrance and has no direct connection with any part of the premises in terms of intoxicating liquor or r c b sh m e n t, shall of course be provided with amber or odors or. inspection no. ai.bt-mental election. that is, guilty of an offense, has engaged in illegal conduct and has been convicted of a conviction before the judge reaches a plea bargain. not more than one hundred pounds.
CXTAPTBR XV
E&&jscs or icgrecsto m x i + e m y profit or rcmnrd for mnlring 01' pi*ocii~iiig, or prcteuliugto manufacture or obtain, imy intoiwb, i~pplicution, request, rccommcndutiou, ou ucgotintion, with respect to any OECG, or m~ itmoiih or uomim-e tion to, 01' rosipmtioil 01, nny offico, or under pretense of ming 01- uinlring, or of hnving used or mncle, any such iiilorcst or of inlriug a n y such npplicatioiiii, in w, p negotiation, or renegotiation. 01' of the obtniniugor to have obtained any consent to such ivppointmeut, nomination or resignation; or. Retains nny husc OF business to exhaust any business relating to vacancies in, or the sale or purchase of or appointment or transfer to, or tho resignation, transfer, Or. ill tho Public Service, or in respect of any application by any person for employment in the P~&l.ic Service.
CHAPTER XVI
Any person who Strongly scncls, or (.) Ihything wlhli comprises anything, whether living or i n a n h t e, of such a nature as to injure any other t l h g in relation to coiiveyniicc, or injnlw any person;. b) Anything that includes an obscene or obscene priut, picture, photograph, lithograph, engraving, book, cml, OL' article, or that is located on it, or in it or on its cover, is not obscene, obscene or grossly offensive words, expressions or designs;. is p i l t y niisdemennotw and is liable to imprisonment for 11 hnnl one hour. For rental or reuse. 2) l?or hire takcs chnrgo or alcttcr for cciiveyance; .. is liable to summnr conviction before t w o ju;liccv bo fi.
CHAPTER XX
Anyone who obstructs or obstructs any judge, inspector or constable, and thereby prevents him from entering bounties authorized as a place for the slaughter of cattle for the purpose of examining my cattle or hides, is an offense. This is a 01% condemnation by Ziaingle. fine and imprisonment depend on the judgment of the Coart. If he acts within the scope of his employment, he is guilty of misclemeimour, liable to a prison sentence of twelve years, and may be fined at the discretion of the Court.
I'AE'T IT.-ACTS INJURIOUS TO THE PUBLIC 13' GBNBRAL
CHAPTER XXI
It is a defense to a charge of the offenses set forth in this section to prove that the accused person believed and had a bad reasonable belief that the girl was above the age of fourteen years. The provisions of this article apply in the case of vessels coming from any of the colonies of Australasia or Eji-.
PART V.-OPEENCES AGAINST THE PERSON AND RELATING TO MAR-
If a person is in peaceable possession of the house, Imcl, of the ship, by claim of right, it is lawful for him, and for any person acting in his authority, to use the order of the fQrCe to protect his possession, provided he does not strike or physically harm the person entering. Ire held in 11nvo canscd any c o ~ i s c q u c ~ ~ c e ~ wliicli as a result of the life or of any person by reason of any failure to fulfill that duty.
OHAPTER XXX
Any person who u l w f n l y tnlre an unmarried girl under the age of Pisteen ycrtru out of the possession nnd against the mill of her father, or of any other person having the lawful custody 01- the charge of hcr, or causes any absorption girl who will receives BO, is guilty of a misdemeanor, and is liable to imprisonment for a term not exceeding two years with or without hard labour. Any person who unlawfully takes a married girl under the age of sixteen or sixteen years before, from the custody or protection of her fatlma or mother, or other person having lm+hl.
CIIAPYER XXXV
Any persoii who, being the pnrent of a child ge O F sixteen ycam, nud bciiig may willfully and without 11twE~l or rewonrcblo causc child nncl lenvcR him without n i m i s support., of miedcmennom,iiond. to . lit for a term n o t cxcoetling twclvc montbs. Any person who, being the pment of a child under the age of sixteen years, being willing to keep the cherished child, willfully and without lawful or reasonable cause abandons the child and leaves him without means of support, is guilty of a misdemeanor. owes the inq+oiimcnt for a yeala.
A person making a complaint to either House of Parliament has no liability for defamation by the public. report to this House of Parliament any defamatory content contained in the petition.
- AR,T VI.-OFEENCBS RELATING TO PROPERTY AND CONTRACTS
Any person who wrongfully publishes my defamatory relationship with another is guilty of a misdemeanor, aucl IS punishable with imprisonment for twelve months and with a fine of three hunclrecl po~mds. If the offender knows that the defamatory matter is false, he may be punished with imprisonment with hard l a b o u ~ for two years and t o B fiue of five liundrecl pounds.
DTVISION I.-STEALING AND LIKE OFPENUE8
- If the thing stolen is anything ig course of transinission by post, the offencler is liable to
- If the offender is a, person employed in tlie Public Service, and the thing stolen is
The whole or any part of the proceeds of any property received by the trespasser upon terms authorizing or obligating him to sell or otherwise dispose of the same for a reasonable consideration and requiring such. or settle the proceeds or any part of the proceeds, or receive aspthina in exchange for the properties, to any person; The terms “pledge” and “lien” used in connection with goods include agreements to pledge or chicken title documents relating to the goods.
404 (VIII.)]
If the offender, Before committing the offence, had bsen couvicted upon indictment of
Any pevsaii who, under the obligation of facilitating the commission of any crime, brands any animal with a registered mark without the permission of the owner of tlic mark is guilty of miscbmea.nour, and is liable to imprisonment with hard labor for three year. Any pel-land that between the elid of tho fourt hour after sumet aud the beginning of the last hour before Bunrise-.
419. Ally pcrson mho commits the
Any person who, with intent to compel W person to commit any felony, or to obtain anything from any person-. Any person who, by any means and with intent to defraud, obtains from my other person anything capable of being stolen, or compels any other person to deliver up to him any person capable of being stolen, shall be guilty of a felony acts, ancl is liable to imprisonment with hard lalior for three thousand, with or without solitary conhementation.
