Criminal Law Consolidation Act 1935



Download 3.07 Mb.
Page1/18
Date31.05.2016
Size3.07 Mb.
  1   2   3   4   5   6   7   8   9   ...   18

Version: 17.11.2011

South Australia

Criminal Law Consolidation Act 1935

An Act to consolidate certain Acts relating to the criminal law; and for other purposes.



Contents

Part 1—Preliminary

1 Short title

5 Interpretation

5AA Aggravated offences

5A Abolition of capital punishment

5B Proof of lawful authority or lawful or reasonable excuse

5D Abolition of historical classifications

Part 1A—Territorial application of the criminal law

5E Interpretation

5F Application

5G Territorial requirements for commission of offence against a law of this State

5H Procedural provisions

5I Double criminality

Part 2—Treason

6 Repeal


7 Treason

8 Time within which prosecution shall be commenced and warrant issued

9 In informations more than one overt act may be charged

10 Nothing herein to affect 25 Edward III Stat. 5, c. 2

10A Penalty for treason

Part 3—Offences against the person

Division 1—Homicide

11 Murder

12 Conspiring or soliciting to commit murder

12A Causing death by an intentional act of violence

13 Manslaughter

13A Criminal liability in relation to suicide

Division 1A—Criminal neglect

14 Criminal liability for neglect where death or serious harm results from unlawful act

Division 2—Defence of life and property

15 Self defence

15A Defence of property etc

15B Reasonable proportionality

15C Requirement of reasonable proportionality not to apply in case of an innocent defence against home invasion

Division 3—Miscellaneous

16 Petit treason

18 Abolition of year-and-a-day rule

Division 4—Unlawful threats

19 Unlawful threats

Division 5—Stalking

19AA Unlawful stalking

Division 6—Serious vehicle and vessel offences

19AAB Interpretation

19A Causing death or harm by use of vehicle or vessel

19AB Leaving accident scene etc after causing death or harm by careless use of vehicle or vessel

19AC Dangerous driving to escape police pursuit etc

19AD Street racing

19B Alternative verdicts

Division 7—Assault

20 Assault

Division 7A—Causing physical or mental harm

21 Harm

22 Conduct falling outside the ambit of this Division



23 Causing serious harm

24 Causing harm

25 Alternative verdicts

29 Acts endangering life or creating risk of serious harm

30 Failing to provide food etc in certain circumstances

31 Possession of object with intent to kill or cause serious harm

32 Possession of a firearm with intent to commit an offence

Division 7B—Throwing objects at vehicles

32A Throwing objects at vehicles

32B Alternative verdicts

Division 7C—Food and beverage spiking

32C Spiking of food or beverages

Division 8—Female genital mutilation

33 Definitions

33A Prohibition of female genital mutilation

33B Removal of child from State for genital mutilation

Division 9—Kidnapping and unlawful child removal

38 Interpretation

39 Kidnapping

40 Unlawful removal of child from jurisdiction

Division 11—Rape and other sexual offences

46 Consent to sexual activity

47 Reckless indifference

48 Rape


48A Compelled sexual manipulation

49 Unlawful sexual intercourse

50 Persistent sexual exploitation of a child

56 Indecent assault

57 Consent no defence in certain cases

57A Power to take plea without evidence

58 Acts of gross indecency

59 Abduction of male or female person

60 Procuring sexual intercourse

61 Householder etc not to permit unlawful sexual intercourse on premises

Division 11A—Child pornography and related offences

62 Interpretation

63 Production or dissemination of child pornography

63A Possession of child pornography

63B Procuring child to commit indecent act etc

63C Pornographic nature of material

Division 12—Commercial sexual services and related offences

65A Definitions relating to commercial sexual services

66 Sexual servitude and related offences

67 Deceptive recruiting for commercial sexual services

68 Use of children in commercial sexual services

Division 13—Miscellaneous sexual offences

68A Abolition of crime of sodomy

69 Bestiality

72 Incest

Division 14—Procedure in sexual offences

72A Former time limit abolished

73 Proof of certain matters

75 Alternative verdict on charge of rape etc

76 Corroborative evidence in certain cases

Division 15—Bigamy

78 Bigamy

79 Defences in cases of bigamy

Division 16—Abduction of children

80 Abduction of child under 16 years

Division 17—Abortion

81 Attempts to procure abortion

82 Procuring drugs etc to cause abortion

82A Medical termination of pregnancy

Division 18—Concealment of birth

83 Concealment of birth

Part 3A—Offences relating to public order

83A Interpretation

83B Riot


83C Affray

Part 4—Offences with respect to property

84 Preliminary

85 Arson and other property damage

85A Recklessly endangering property

85B Special provision for causing a bushfire

86 Possession of object with intent to damage property

86A Using motor vehicle without consent

Part 4A—Computer offences

86B Interpretation

86C Meaning of unauthorised access to or modification of computer data

86D Meaning of unauthorised impairment of electronic communication

86E Use of computer with intention to commit, or facilitate the commission of, an offence

86F Use of computer to commit, or facilitate the commission of, an offence outside the State

86G Unauthorised modification of computer data

86H Unauthorised impairment of electronic communication

86I Possession of computer viruses etc with intent to commit serious computer offence

Part 5—Offences of dishonesty

Division 1—Preliminary

130 Interpretation

131 Dishonesty

132 Consent of owner

133 Operation of this Part

Division 2—Theft

134 Theft (and receiving)

135 Special provision with regard to land and fixtures

136 General deficiency

Division 3—Robbery

137 Robbery

Division 4—Money laundering and dealing in instruments of crime

138 Money laundering

138A Dealing in instruments of crime

Division 5—Deception

139 Deception

Division 6—Dishonest dealings with documents

140 Dishonest dealings with documents

Division 7—Dishonest manipulation of machines

141 Dishonest manipulation of machines

Division 8—Dishonest exploitation of advantage

142 Dishonest exploitation of position of advantage

Division 9—Miscellaneous offences of dishonesty

143 Dishonest interference with merchandise

144 Making off without payment

Part 5A—Identity theft

144A Interpretation

144B False identity etc

144C Misuse of personal identification information

144D Prohibited material

144E Attempt offence excluded

144F Application of Part

Part 6—Secret commissions

Division 1—Preliminary

145 Interpretation

Division 2—Unlawful bias in commercial relationships

146 Fiduciaries

147 Exercise of fiduciary functions

148 Unlawful bias

149 Offence for fiduciary to exercise unlawful bias

150 Bribery

Division 3—Exclusion of defence

151 Exclusion of defence

Part 6A—Serious criminal trespass

167 Sacrilege

168 Serious criminal trespass

169 Serious criminal trespass—non-residential buildings

170 Serious criminal trespass—places of residence

170A Criminal trespass—places of residence

Part 6B—Blackmail

171 Interpretation

172 Blackmail

Part 6C—Piracy

173 Interpretation

174 Piracy

Part 7—Offences of a public nature

Division 1—Preliminary

237 Definitions

238 Acting improperly

239 General attempt offence excluded

240 Parliamentary privilege not affected

Division 2—Impeding investigation of offences or assisting offenders

241 Impeding investigation of offences or assisting offenders

Division 3—Offences relating to judicial proceedings

242 Perjury and subornation

243 Fabricating, altering or concealing evidence

244 Offences relating to witnesses

245 Offences relating to jurors

246 Confidentiality of jury deliberations and identities

247 Harassment to obtain information about jury's deliberations

248 Threats or reprisals relating to persons involved in criminal investigations or judicial proceedings

Division 4—Offences relating to public officers

249 Bribery or corruption of public officers

250 Threats or reprisals against public officers

251 Abuse of public office

252 Demanding or requiring benefit on basis of public office

253 Offences relating to appointment to public office

Division 5—Escape, rescue and harbouring of persons subject to detention

254 Escape or removal from lawful custody

255 Harbouring or employing escapee etc

Division 6—Attempt to obstruct or pervert course of justice or due administration of law

256 Attempt to obstruct or pervert course of justice or due administration of law

Division 7—Criminal defamation

257 Criminal defamation

Division 8—Offences limited in relation to industrial disputes and restraint of trade

258 Offences limited in relation to industrial disputes and restraint of trade

Part 7A—Goods contamination and comparable offences

259 Interpretation

260 Unlawful acts of goods contamination or other acts prejudicing the health or safety of the public

261 Goods contamination unrelated to issues of public health and safety

Part 7B—Accessories

267 Aiding and abetting

Part 8—Intoxication

267A Definitions

268 Mental element of offence to be presumed in certain cases

269 Question of intoxication must be specifically raised

Part 8A—Mental impairment

Division 1—Preliminary

269A Interpretation

269B Distribution of judicial functions between judge and jury

269BA Charges on which alternative verdicts are possible

Division 2—Mental competence to commit offences

269C Mental competence

269D Presumption of mental competence

269E Reservation of question of mental competence

269F What happens if trial judge decides to proceed first with trial of defendant's mental competence to commit offence

269G What happens if trial judge decides to proceed first with trial of objective elements of offence

Division 3—Mental unfitness to stand trial

269H Mental unfitness to stand trial

269I Presumption of mental fitness to stand trial

269J Order for investigation of mental fitness to stand trial

269K Preliminary prognosis of defendant's condition

269L Trial judge's discretion about course of trial

269M What happens if trial judge decides to proceed first with trial of defendant's mental fitness to stand trial

269N What happens if trial judge decides to proceed first with trial of objective elements of offence

Division 4—Disposition of persons declared to be liable to supervision under this Part

269O Supervision

269P Variation or revocation of supervision order

269Q Report on mental condition of the defendant

269R Reports and statements to be provided to court

269S Principle on which court is to act

269T Matters to which court is to have regard

269U Revision of supervision order

269V Custody, supervision and care

269VA Effect of supervening imprisonment

Division 5—Miscellaneous

269W Counsel to have independent discretion

269WA Power to order examination etc in pre-trial proceedings

269X Power of court to deal with defendant before proceedings completed

269Y Appeals

269Z Counselling of next of kin and victims

269ZA Exclusion of evidence

269ZB Arrest of person who escapes from detention etc

Part 9—Miscellaneous and procedure

Division 1—Punishment for certain common law offences

270 Punishment for certain offences

Division 2—Attempts

270A Attempts

270AB Attempted manslaughter

Division 3—Assaults with intent

270B Assaults with intent

Division 4—Preparatory conduct

270C Going equipped for commission of offence of dishonesty or offence against property

270D Going equipped for commission of offence against the person

Division 5—Apprehension of offenders

271 General power of arrest

273 Judge's warrant for arrest of person charged

Division 6—Informations

274 Interpretation

275 Information may be presented in the name of the Director of Public Prosecutions

276 Director of Public Prosecutions may decline to prosecute

277 General provisions as to informations

278 Joinder of charges

279 Joint trial of accessories

280 Coin and bank notes may be described simply as money

281 Objections to informations, amendments and postponement of trial

Division 7—Saving and transitional provisions

282 Saving provisions

283 Rules of court

Division 8—Pleas and proceedings on trial

284 Plea of not guilty and refusal to plead

285 Form of plea of autrefois convict or autrefois acquit

285A Certain questions of law may be determined before jury empanelled

285B Conviction on plea of guilty of offence other than that charged

285BA Power to serve notice to admit facts

285BB Power to require notice of intention to adduce certain kinds of evidence

285BC Expert evidence

285C Notice of certain evidence to be given

286 Inspection and copies of depositions

288 Right to counsel

288A Defence to be invited to outline issues in dispute at conclusion of opening address for the prosecution

288AB Right to call or give evidence

288B Right of reply

289 Postponement of trial

290 Verdict for attempt where full offence charged

Division 9—Proceedings against corporations

291 Proceedings against corporations

Division 10—Verdicts and abolition of forfeiture etc

294 Defects cured by verdict

295 Forfeiture abolished

Division 11—Witness fees and expenses

297 Witness fees

Division 12—Orders relating to firearms and other offensive weapons

299A Orders as to firearms and offensive weapons

Division 13—Abolition of presumption of marital coercion

328A Abolition of presumption of marital coercion

Division 14—Provision as to persons convicted of offence

329 Provision as to persons convicted of an offence

Division 15—Overlapping offences

330 Overlapping offences

Part 10—Limitations on rules relating to double jeopardy

Division 1—Preliminary

331 Interpretation

332 Meaning of fresh and compelling evidence

333 Meaning of tainted acquittal

334 Application of Part

Division 2—Circumstances in which police may investigate conduct relating to offence of which person previously acquitted

335 Circumstances in which police may investigate conduct relating to offence of which person previously acquitted

Division 3—Circumstances in which trial or retrial of offence will not offend against rules of double jeopardy

336 Retrial of relevant offence of which person previously acquitted where acquittal tainted

337 Retrial of Category A offence of which person previously acquitted where there is fresh and compelling evidence

338 Circumstances in which person may be charged with administration of justice offence relating to previous acquittal

Division 4—Prohibition on making certain references in retrial

339 Prohibition on making certain references in retrial

Part 10A—Appeal against sentence

340 Appeal against sentence

Part 11—Appellate proceedings

Division 1—Preliminary

348 Interpretation

349 Court to decide according to opinion of majority

Division 2—Reference of questions of law

350 Reservation of relevant questions

351 Case to be stated by trial judge

351A Powers of Full Court on reservation of question

351B Costs

Division 3—Appeals

352 Right of appeal in criminal cases

353 Determination of appeals in ordinary cases

354 Powers of Court in special cases

354A Right of appeal against ancillary orders

355 Revesting and restitution of property on conviction

356 Jurisdiction of Full Court

356A Enforcement of orders

357 Appeal to Full Court

359 Supplemental powers of Court

361 Right of appellant to be present

362 Director of Public Prosecutions to be represented

363 Costs of appeal

364 Admission of appellant to bail and custody when attending Court

365 Duties of registrar with respect to notices of appeal etc

366 Notes of evidence on trial

367 Powers that may be exercised by a judge of the Court

Division 5—References on petitions for mercy

369 References by Attorney-General

Part 12—Regulations

370 Regulations

Schedule 1

Schedule 2

Schedule 3—Rules

1 Form of information etc

2 Form of commencement of an information

3 Charges may be joined in one information

4 Setting out of offences and counts in information

5 Alternative offences may be stated in an information

6 Description of property in an information

7 Description of accused in an information

8 Description of document in an information

9 Description of sundry matters in an information

10 Not necessary to state intent in an information in certain circumstances

11 Statement of previous convictions in an information

Schedule 10

Schedule 11—Abolition of certain offences

1 Certain common law offences abolished

2 Certain offences under Imperial law abolished

3 Special provisions relating to maintenance and champerty

Appendix 1

Legislative history


The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Criminal Law Consolidation Act 1935.

5—Interpretation

(1) In this Act—



aggravated offence—where a provision differentiates between the penalty for an aggravated offence and the penalty for a basic offence, the reference to an aggravated offence is a reference to the offence in its aggravated form (see section 5AA);

basic offence—where a provision differentiates between the penalty for an aggravated offence and the penalty for a basic offence, the reference to a basic offence is a reference to the offence in its non-aggravated form (see section 5AA);

bestiality means sexual activity between a person and an animal;

common prostitute includes any male person who prostitutes his body for fee or reward;

court means, except where a contrary intention is indicated or appears from the context, the Supreme Court, the District Court or a court of summary jurisdiction;

domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

drive includes ride;

driver's licence includes a learner's permit;

dwelling house does not include a building, although within the curtilage of a dwelling house and occupied with the dwelling house, unless there is a communication between the building and dwelling house, either immediate or by means of a covered and enclosed passage leading from the one to the other;

firearm means—

(a) a device designed to be carried by hand and to fire shot, bullets or other projectiles by means of burning propellant or by means of compressed air or other compressed gas;

(b) a device of a kind declared by regulation under the Firearms Act 1977 to be a firearm for the purposes of that Act,

but does not include a device of a kind excluded by regulation under the Firearms Act 1977 from the provisions of that Act;



Full Court means the Supreme Court constituted of an uneven number of judges, not being less than 3;

liable to be imprisoned for life means liable to be imprisoned for life or any lesser term;

local government body means—

(a) a council or other body constituted under the Local Government Act 1999; or

(b) a regional development assessment panel or a council development assessment panel constituted under section 34 or 56A of the Development Act 1993;

motor vehicle means a vehicle that is propelled by a motor;

motor vessel means a vessel that is propelled by a motor;

night means the interval between nine o'clock in the evening and six o'clock in the morning of the next day;

offensive weapon means—

(a) an article or substance made or adapted for use for causing, or threatening to cause, personal injury or incapacity including—

(i) a firearm or imitation firearm (ie an article intended to be taken for a firearm); or

(ii) an explosive or an imitation explosive (ie an article or substance intended to be taken for an explosive); or

(b) an article or substance that a person has—

(i) for the purpose of causing personal injury or incapacity; or

(ii) in circumstances in which another is likely to feel reasonable apprehension that the person has it for the purpose of causing personal injury or incapacity;

the Parole Board means the Parole Board of South Australia;

place of divine worship means any church, chapel, meeting house or other place of divine worship;

property means real or personal property whether tangible or intangible and includes a wild animal that is in captivity or ordinarily kept in captivity;

sexual intercourse includes any activity (whether of a heterosexual or homosexual nature) consisting of or involving—

(a) penetration of a person's vagina, labia majora or anus by any part of the body of another person or by any object; or

(b) fellatio; or

(c) cunnilingus,

and includes a continuation of such activity;

spouse—a person is the spouse of another if they are legally married;

vehicle includes an animal;

vessel has the same meaning as in the Harbors and Navigation Act 1993.

(2) A note to a section or subsection of this Act forms part of the text of the Act unless the note clearly has no substantive effect.

(3) For the purposes of this Act, a reference to a breast, vagina, labia majora, penis or other sexual organ includes a reference to a surgically constructed or altered breast, vagina, labia majora, penis or sexual organ (as the case may be).

5AA—Aggravated offences

(1) Subject to this section, an aggravated offence is an offence committed in 1 or more of the following circumstances:

(a) the offender committed the offence in the course of deliberately and systematically inflicting severe pain on the victim;

(b) the offender used, or threatened to use, an offensive weapon to commit, or when committing, the offence;

(c) the offender committed the offence against a police officer, prison officer or other law enforcement officer—

(i) knowing the victim to be acting in the course of his or her official duty; or

(ii) in retribution for something the offender knows or believes to have been done by the victim in the course of his or her official duty;

(d) the offender committed the offence—

(i) intending to prevent or dissuade the victim from taking legal proceedings or from pursuing a particular course in legal proceedings; or

(ii) in connection with the victim's conduct or future conduct (as party, witness or in any other capacity) in legal proceedings; or

(iii) in retribution against the victim for taking legal proceedings or for the victim's conduct (as party, witness or in any other capacity) in legal proceedings;

(e) the offender committed the offence knowing that the victim of the offence was, at the time of the offence—

(i) in the case of an offence against Part 3 Division 11A—under the age of 14 years;

(ii) in any other case—under the age of 12 years;

(f) the offender committed the offence knowing that the victim of the offence was, at the time of the offence, over the age of 60 years;

(g) the offender committed the offence knowing that the victim of the offence was—

(i) a spouse or former spouse of the offender; or

(ii) a domestic partner or former domestic partner of the offender; or

(iii) a child of whom—

(A) the offender; or

(B) a spouse or former spouse of the offender; or

(C) a domestic partner or former domestic partner of the offender,

has custody as a parent or guardian; or

(iv) a child who normally or regularly resides with—

(A) the offender; or

(B) a spouse or former spouse of the offender; or

(C) a domestic partner or former domestic partner of the offender;

(h) except in the case of an offence against Part 3A, the offender committed the offence in company with 1 or more other persons (including persons who are children);

(i) the offender abused a position of authority, or a position of trust, in committing the offence;

(ia) in the case of an offence constituted under Part 7B where the principal offence is an aggravated offence—the principal offender was, to the knowledge of the offender under that Part, a child;

(j) the offender committed the offence knowing that the victim was, at the time of the offence, in a position of particular vulnerability because of physical or mental disability;

(k) in the case of an offence against the person—

(i) the victim was, to the knowledge of the offender, in a position of particular vulnerability at the time of the offence because of the nature of his or her occupation or employment; or

(ii) the victim was, at the time of the offence, engaged in a prescribed occupation or employment and the offender committed the offence knowing that the victim was then engaged in an occupation or employment and knowing the nature of the occupation or employment;

(l) the offender was, at the time of the offence, acting in contravention of an injunction or other order of a court (made in the exercise of either state or federal jurisdiction) and the offence lay within the range of conduct that the injunction or order was designed to prevent.

(1a) For the purposes of section 19A, an aggravated offence is an offence committed in 1 or more of the following circumstances:

(a) the offender committed the offence in the course of attempting to escape pursuit by a police officer;

(ab) the offender was, at the time of the offence, driving a motor vehicle in a street race;

(b) the offender was, at the time of the offence, driving a vehicle knowing that he or she was disqualified, under the law of this State or another State or Territory of the Commonwealth, from holding or obtaining a driver's licence or that his or her licence was suspended by notice given under the Road Traffic Act 1961;

(c) the offender committed the offence as part of a prolonged, persistent and deliberate course of very bad driving or vessel operation;

(d) the offender committed the offence while there was present in his or her blood a concentration of .08 grams or more of alcohol in 100 millilitres of blood;

(e) the offender was, at the time of the offence, driving a vehicle in contravention of section 45A, 47 or 47BA of the Road Traffic Act 1961 or operating a vessel in contravention of section 70(1) of the Harbors and Navigation Act 1993.

(1b) For the purposes of section 19AC, an aggravated offence is an offence committed in 1 or more of the following circumstances:

(a) the offender was, at the time of the offence, driving or using a motor vehicle that—

(i) was stolen; or

(ii) was being driven or used without the consent of the owner of the vehicle,

and the offender knew, or was reckless with respect to, that fact;

(b) the offender was, at the time of the offence, driving a motor vehicle knowing that he or she was disqualified, under the law of this State or another State or Territory of the Commonwealth, from holding or obtaining a driver's licence or that his or her licence was suspended by notice given under the Road Traffic Act 1961;

(c) the offender committed the offence while there was present in his or her blood a concentration of .08 grams or more of alcohol in 100 millilitres of blood;

(d) the offender was, at the time of the offence, driving a motor vehicle in contravention of section 47 or 47BA of the Road Traffic Act 1961.

(1c) For the purposes of section 19AD, an aggravated offence is an offence committed by the driver of a motor vehicle in 1 or more of the following circumstances:

(a) the offender knew that, at the time of the offence, he or she was driving the motor vehicle in circumstances of heightened risk;

(b) the offender committed the offence knowing that there were 1 or more passengers in or on the motor vehicle;

(c) the offender knew, or ought reasonably to have known, that, at the time of the offence, he or she was driving a motor vehicle that had a major defect.

(2) A person is taken to know a particular fact if the person, knowing of the possibility that it is true, is reckless as to whether it is true or not.

(3) If a person is charged with an aggravated offence, the circumstances alleged to aggravate the offence must be stated in the instrument of charge.

(4) If a jury finds a person guilty of an aggravated offence, and 2 or more aggravating factors are alleged in the instrument of charge, the jury must state which of the aggravating factors it finds to have been established.

(5) In this section—

child means a person under 18 years of age;

circumstances of heightened risk, in relation to the driving of a motor vehicle, means—

(a) driving the motor vehicle between sunset on one day and sunrise on the next day; or

(b) driving the motor vehicle in circumstances where traction between the vehicle and the surface being driven on is adversely affected; or

(c) driving the motor vehicle in circumstances where visibility is adversely affected;



major defect—a motor vehicle has a major defect if use of the motor vehicle constitutes a serious risk to the safety of any person;

street race has the meaning given in section 19AD.

(6) This section does not prevent a court from taking into account, in the usual way, the circumstances of and surrounding the commission of an offence for the purpose of determining sentence.



Examples—

1 A person is charged with a basic offence and the court finds that the offence was committed in circumstances that would have justified a charge of the offence in its aggravated form. In this case, the court may, in sentencing, take into account the circumstances of aggravation for the purpose of determining penalty but must (of course) fix a penalty within the limits appropriate to the basic offence.

2 A person is charged with an aggravated offence and the court finds a number (but not all) of the circumstances alleged in the instrument of charge to aggravate the offence have been established. In this case, the court may, in sentencing, take into account the established circumstances of and surrounding the aggravated offence (whether alleged in the instrument of charge or not) but must not (of course) take account of circumstances alleged in the instrument of charge that were not established.

5A—Abolition of capital punishment

(1) Notwithstanding any provision of any Act or law, no sentence of death shall be—

(a) imposed on, or recorded against, any person; or

(b) carried into execution on any person.

(2) Where any person is liable to sentence of death under any Act or law, the court before which that person is convicted shall, instead of sentencing him to death, sentence him to be imprisoned for life.

(3) Any sentence of death that was imposed or recorded before the commencement of the Statutes Amendment (Capital Punishment Abolition) Act 1976 shall (whether or not that sentence has been commuted to a sentence of imprisonment for life) be deemed to be a sentence of imprisonment for life imposed by a court of competent jurisdiction.

(4) Any direction or order made by the Governor on, or in relation to, the commutation of a sentence of death to a sentence of imprisonment for life shall be deemed to be a direction or order given or made by a court of competent jurisdiction.

5B—Proof of lawful authority or lawful or reasonable excuse

In proceedings for an offence against this Act in which it is material to establish whether an act was done with or without lawful authority, lawful excuse or reasonable excuse the onus of proving the authority or excuse lies on the defendant and in the absence of such proof it will be presumed that no such authority or excuse exists.

5D—Abolition of historical classifications

(1) The classification of offences as felonies is abolished.

(2) The classification of offences as misdemeanours is abolished.




Share with your friends:
  1   2   3   4   5   6   7   8   9   ...   18




The database is protected by copyright ©essaydocs.org 2020
send message

    Main page