Criminal Law Consolidation Act 1935


Part 9—Miscellaneous and procedure



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Part 9—Miscellaneous and procedure

Division 1—Punishment for certain common law offences

270—Punishment for certain offences

(1) Any person convicted of any of the following common law offences, that is to say:

(b) keeping a common bawdy house or a common ill-governed and disorderly house;

(c) any cheat or fraud punishable at common law,

shall be liable to be imprisoned for a term not exceeding two years.

(2) Any person convicted of any of the following common law offences, that is to say, any conspiracy to cheat or defraud, or to extort money or goods, or falsely to accuse of any crime, or to obstruct, prevent, pervert or defeat the course of public justice, shall be liable to be imprisoned for a term not exceeding seven years.



Division 2—Attempts

270A—Attempts

(1) Subject to subsection (2), a person who attempts to commit an offence (whether the offence is constituted by statute or common law) shall be guilty of the offence of attempting to commit that offence.

(2) Where under a provision of any other Act, or any other provision of this Act, an attempt is constituted as an offence, this section—

(a) does not apply in relation to that offence; and

(b) does not operate to create a further or alternative offence with which a person who commits the former offence might be charged.

(3) The penalty for an attempt to which this section applies shall be as follows:

(a) in the case of attempted murder or attempted treason, the penalty shall be life imprisonment or imprisonment for some lesser term;

(b) where the penalty or maximum penalty for the principal offence (not being treason or murder) is life imprisonment, the penalty for the attempt shall be imprisonment for a term not exceeding twelve years;

(c) in any other case, the penalty for the attempt shall be a penalty not exceeding a maximum of two-thirds of the maximum penalty prescribed for the principal offence.

(4) Where the principal offence is an indictable offence, an attempt to commit that offence shall also be an indictable offence; where the principal offence is a minor indictable offence, an attempt to commit that offence shall also be a minor indictable offence; and where the principal offence is a summary offence, an attempt to commit that offence shall also be a summary offence.

270AB—Attempted manslaughter

(1) Where—

(a) a person attempts to kill another or is a party to an attempt to kill another; and

(b) he would, if the attempt had been successfully carried to completion, have been guilty of manslaughter rather than murder,

he shall be guilty of attempted manslaughter.

(2) The penalty for attempted manslaughter is imprisonment for a term not exceeding twelve years.

(3) If on the trial of a person for attempted murder the jury is not satisfied that the accused is guilty of the offence charged but is satisfied that the accused is guilty of attempted manslaughter, the jury shall acquit the accused of attempted murder but may find him guilty of attempted manslaughter.



Division 3—Assaults with intent

270B—Assaults with intent

(1) Subject to subsection (2), a person who assaults another with intent to commit an offence to which this section applies is guilty of an offence.

(2) Where under a provision of any other Act, or any other provision of this Act, an assault with intent to commit an offence to which this section applies is constituted as an offence, this section—

(a) does not apply in relation to that offence; and

(b) does not operate to create a further or alternative offence with which a person who commits the former offence might be charged.

(3) The penalty for assault to which this section applies shall be—

(a) imprisonment for a term not exceeding seven years; or

(b) imprisonment for a term not exceeding the maximum term that may be imposed for an attempt to commit the principal offence,

whichever is the greater maximum penalty.

(4) This section applies to the following offences:

(a) an offence against the person;

(b) theft or an offence of which theft is an element;

(c) an offence involving interference with, damage to, or destruction of property punishable by imprisonment for 3 years or more.



Division 4—Preparatory conduct

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

(1) A person who is, in suspicious circumstances, in possession of an article intending to use it to commit an offence to which this section applies is guilty of an offence.

Maximum penalty:

(a) if the maximum penalty for the intended offence is life imprisonment or imprisonment for 14 years or more—imprisonment for 7 years;

(b) in any other case—imprisonment for one-half the maximum period of imprisonment fixed for the intended offence.

(2) This section applies to the following offences:

(a) theft (or receiving) or an offence of which theft is an element;

(b) an offence against Part 6A (Serious criminal trespass);

(c) unlawfully driving, using or interfering with a motor vehicle;

(d) an offence against Part 5 Division 6 (Dishonest dealings with documents);

(e) an offence against Part 5 Division 7 (Dishonest manipulation of machines);

(f) an offence involving interference with, damage to or destruction of property punishable by imprisonment for 3 years or more.

(3) A person is in suspicious circumstances if it can be reasonably inferred from the person's conduct or circumstances surrounding the person's conduct (or both) that the person—

(a) is proceeding to the scene of a proposed offence; or

(b) is keeping the scene of a proposed offence under surveillance; or

(c) is in, or in the vicinity of, the scene of a proposed offence awaiting an opportunity to commit the offence.

270D—Going equipped for commission of offence against the person

(1) A person who is armed, at night, with a dangerous or offensive weapon intending to use the weapon to commit an offence against the person is guilty of an offence.

(2) The maximum penalty for an offence against this section is—

(a) if the offender has been previously convicted of an offence against the person or an offence against this section (or a corresponding previous enactment)—imprisonment for 10 years;

(b) in any other case—imprisonment for 7 years.



Division 5—Apprehension of offenders

271—General power of arrest

(1) A person may, without warrant, arrest and detain a person liable to arrest and detention under this section.

(2) A person who arrests and detains another under this section must take the necessary action to have the other person delivered into the custody of a member of the police force forthwith.

(3) A person is liable to arrest and detention under this section if the person is in the act of committing, or has just committed—

(a) an indictable offence; or

(b) theft (whether the theft is a summary or indictable offence); or

(c) an offence against the person (whether the offence is summary or indictable); or

(d) an offence involving interference with, damage to or destruction of property (whether the offence is summary or indictable).

273—Judge's warrant for arrest of person charged

(1) Whenever it is made to appear to a judge, by affidavit or certificate, that any person is charged with any offence other than treason for which he may be prosecuted in the Supreme Court, it shall be lawful for the judge to issue a warrant and thereby to cause that person to be apprehended and brought before a judge or a justice in order to be bound, with or without two sufficient sureties, in such sum as is stated in the warrant, with condition to appear in that Court at the time mentioned in the warrant and to answer the information.

(2) Where any such person neglects or refuses to become so bound, it shall be lawful for the judge or justice to commit him to gaol until he becomes so bound or is discharged by order of a judge.



Division 6—Informations

274—Interpretation

(1) The provisions of this Part relating to informations shall apply to any other criminal pleading with any modification made by rules under this Part.

(2) In this Part (except in sections 275 and 276)—



information means any criminal information presented to the Supreme Court or the District Court.

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

(1) Any person may be put upon his trial at any criminal sessions of the Supreme Court or District Court, for any offence, on an information presented to the Court in the name and by the authority of the Director of Public Prosecutions.

(2) Every rule of law and enactment for the time being in force in the State relating to indictments and to the manner and form of pleading thereto and to the trial thereon, and generally to all matters subsequent to the finding of the indictment, shall apply to any information so presented.

276—Director of Public Prosecutions may decline to prosecute

(1) Subject to subsection (2), in every case in which any person has been lawfully committed for trial at any criminal sessions, it shall be the duty of the Director of Public Prosecutions to present, or cause to be presented, an information against that person.

(2) If on examining the depositions taken in any case the Director of Public Prosecutions is of the opinion that there is no reasonable ground for putting the person committed for trial upon his trial for any offence, he may so certify, in the form contained in Schedule 1, to the judges of the Supreme Court or the District Court, any one of whom may, if the accused person is in prison, thereupon, by warrant in the form contained in Schedule 2, direct the Director of Correctional Services, or the gaoler in whose custody the person is, immediately to discharge him from imprisonment in respect of the offence mentioned in that warrant and, where the person mentioned in the certificate is on bail, the recognizances of bail taken from him and his sureties shall, on the Director of Public Prosecutions so certifying, become void.

277—General provisions as to informations

(1) Every information shall contain, and shall be sufficient if it contains, a statement of the specific offence or offences with which the accused person is charged, together with such particulars as are necessary for giving reasonable information as to the nature of the charge.

(2) Notwithstanding any rule of law or practice, an information shall, subject to the provisions of this Act, not be open to objection in respect of its form or contents if it is framed in accordance with the rules under this Part.

278—Joinder of charges

(1) Subject to the provisions of this Act, charges for two or more offences may be joined in the same information if those charges are founded on the same facts, or form, or are a part of, a series of offences of the same or a similar character.

(2) Where before trial, or at any stage of a trial, the court is of the opinion that an accused person may be prejudiced or embarrassed in his defence by reason of being charged with more than one offence in the same information or that, for any other reason, it is desirable to direct that an accused person should be tried separately for any one or more offences charged in an information, the court may order a separate trial of any count or counts of the information.

(2a) Despite subsection (2) and any rule of law to the contrary, if, in accordance with this Act, 2 or more counts charging sexual offences involving different alleged victims are joined in the same information, the following provisions apply:

(a) subject to paragraph (b), those counts are to be tried together;

(b) the judge may order a separate trial of a count relating to a particular alleged victim if (and only if) evidence relating to that count is not admissible in relation to each other count relating to a different alleged victim;

(c) in determining admissibility for the purposes of paragraph (b)—

(i) evidence relating to the count may be admissible in relation to another count concerning a different alleged victim if it has a relevance other than mere propensity; and

(ii) the judge is not to have regard to—

(A) whether or not there is a reasonable explanation in relation to the evidence consistent with the innocence of the defendant; or

(B) whether or not the evidence may be the result of collusion or concoction.

(3) This section does not affect any other provision of this Act or any other enactment permitting more than one charge to be joined in the same information.

(4) In this section—

sexual offence means—

(a) an offence against section 48, 48A, 49, 50, 56, 58, 63B, 68 or 72; or

(b) an attempt to commit, or an assault with intent to commit, any of those offences; or

(c) a substantially similar offence against a previous enactment.

279—Joint trial of accessories

Any number of accessories at different times to any offence and any number of receivers at different times of property which has been stolen at one time may be charged with substantive offences in the same information and may be tried together, notwithstanding that the principal offender is not included in the same information or is not amenable to justice.

280—Coin and bank notes may be described simply as money

(1) In every information in which it is necessary to mention or make any allegation as to any money or any note of any bank, it is sufficient to describe the money or bank note simply as money, without specifying any particular coin or bank note.

(2) Any such allegation, so far as regards the description of the property, shall be sustained by proof of any amount of coin or of any bank note although the particular species of coin of which the amount was composed or the particular nature of the bank note is not proved and, in cases of embezzlement and obtaining money or bank notes by false pretences, by proof that the offender embezzled or obtained any coin or any bank note, or any portion of the value thereof, although the coin or bank note was delivered to him in order that some part of its value should be returned to the party delivering it, or to some other person, and that part has been returned accordingly.

281—Objections to informations, amendments and postponement of trial

(1) Every objection to any information for any formal defect apparent on the face of the information must be made by application to quash the information, before the jury is empanelled and not afterwards.

(2) When before trial, or at any stage of a trial, it appears to the court that any information is defective or that there is any variation between any particular stated therein and the evidence offered in proof thereof, the court shall make such order for the amendment of the information as the court thinks necessary to meet the circumstances of the case unless, having regard to the merits of the case, the required amendment cannot be made without injustice.

(3) When an information is so amended, a note of the order for amendment shall be endorsed on the information and the information shall be treated, for the purposes of the trial and all proceedings in connection therewith, as having been presented in the amended form.

(4) When before trial, or at any stage of a trial, the court is of the opinion that the postponement of the trial of a person accused is expedient as a consequence of the exercise of any power of the court under this Act to amend an information or to order a separate trial of a count, the court shall make such order as to the postponement of the trial as appears necessary.

(5) When an order of the court is made for a separate trial or for the postponement of a trial—

(a) if the order is made during a trial, the court may order that the jury be discharged from giving a verdict on the count or counts the trial of which is postponed or on the whole information, as the case may be; and

(b) the procedure on the separate trial of a count shall be the same in all respects as if the count had been presented as a separate information and the procedure on the postponed trial shall be the same in all respects (if the jury has been discharged) as if the trial had not commenced; and

(c) the court may make such order as to admitting the accused person to bail and as to the enlargement of recognizances and otherwise as the court thinks fit.

(6) Any power of the court under this section shall be in addition to and not in derogation of any other power of the court for the same or similar purposes.


Division 7—Saving and transitional provisions

282—Saving provisions

Nothing in this Part—

(a) affects the law or practice relating to the jurisdiction of any court or the place where an accused person can be tried; or

(b) (except where expressly provided) prejudices or diminishes in any respect the obligation to establish, by evidence according to law, any acts, omissions or intentions which are legally necessary to constitute the offence with which the accused person is charged; or

(c) otherwise affects the laws of evidence in criminal cases.

283—Rules of court

(1) Subject to subsection (2), the rules contained in Schedule 3, with any variation thereof or addition thereto under this section, shall have effect as if enacted in this Act.

(2) Rules of court made under the Supreme Court Act 1935 may revoke, vary or add to the rules contained in the Schedule or any other rules for the time being in force under this Part.


Division 8—Pleas and proceedings on trial

284—Plea of not guilty and refusal to plead

(1) Any person arraigned on any information who pleads not guilty thereto shall, by that plea, without any further form, be taken to have put himself upon the country for trial; and the court shall, in the usual manner, proceed to the trial of that person accordingly.

(2) If any person, being so arraigned, stands mute, of malice, or is dumb, or will not answer directly to the information, it shall be lawful for the court to order a plea of not guilty to be entered on his behalf and the plea so entered shall have the same effect as if he had actually pleaded not guilty.

285—Form of plea of autrefois convict or autrefois acquit

In any plea of autrefois convict or of autrefois acquit, it is sufficient for the accused to allege that he has been lawfully convicted or acquitted, as the case may be, of the offence charged in the information, without specifying the time or place of the previous conviction or acquittal.

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

A court before which a person has been arraigned may, if it thinks fit, hear and determine any question relating to the admissibility of evidence, and any other question of law affecting the conduct of the trial, before the jury is empanelled.

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

Where a person arraigned on an information pleads not guilty of an offence charged in the information but guilty of some other offence of which he might be found guilty upon trial for the offence charged, and the plea of guilty is accepted by the prosecution, then (whether or not the two offences are separately charged in distinct counts)—

(a) the person may be convicted on the plea of guilty and his conviction shall operate as an acquittal of the offence charged; and

(b) if he has been placed in the charge of the jury, the jury shall be discharged without being required to give a verdict (unless the trial is to continue in respect of further counts that are unaffected by the plea); and

(c) he shall be liable to be punished for the offence of which he has been convicted in the same manner as if he had been found guilty of the offence upon trial for the offence charged.

285BA—Power to serve notice to admit facts

(1) A court before which a defendant is to be tried on information may, on application by the Director of Public Prosecutions, authorise the Director of Public Prosecutions to serve on the defence a notice to admit specified facts.

(2) The court may, in granting such an authorisation, fix a time within which the notice is to be complied with.

(3) The notice must contain a warning, in the prescribed form, to the effect that, if the defendant is convicted, the court is required to take an unreasonable failure to make an admission in response to the notice into account in fixing sentence.

(4) This section does not abrogate the privilege against self-incrimination and a refusal to make an admission on the ground that the admission would tend to incriminate the defendant of an offence is not to be made the subject of comment to a jury.

(5) An order under this section may only be made at a directions hearing at which the defendant is represented by a legal practitioner unless the court is satisfied that—

(a) the defendant has voluntarily chosen to be unrepresented; or

(b) the defendant is unrepresented for reasons attributable to the defendant's own fault.

(6) If a defendant unreasonably fails to make an admission in response to a notice under this section, and the defendant is convicted, the court should take the failure into account in fixing sentence.

(7) Without limiting subsection (6), a defendant unreasonably fails to make an admission if the defendant—

(a) claims privilege against self-incrimination as a reason for not making the admission; and

(b) thus puts the prosecution to proof of facts that are not seriously contested at the trial.

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

(1) A court before which a defendant is to be tried on information may, on application by the prosecutor, require the defence to give the Director of Public Prosecutions written notice of an intention to introduce evidence of any of the following kinds:

(a) evidence tending to establish that the defendant was mentally incompetent to commit the alleged offence or is mentally unfit to stand trial;

(b) evidence tending to establish that the defendant acted for a defensive purpose;

(c) evidence of provocation;

(d) evidence of automatism;

(e) evidence tending to establish that the circumstances of the alleged offence occurred by accident;

(f) evidence of necessity or duress;

(g) evidence tending to establish a claim of right;

(h) evidence of intoxication.

(2) Before making an order under this section, the court must satisfy itself that—

(a) the prosecution has provided the defence with an outline of the prosecution case, so far as it has been developed on the basis of material currently available to the prosecution; and

(b) the prosecution has no existing, but unfulfilled, obligations of disclosure to the defence.

(3) Non-compliance with a requirement under subsection (1) does not render evidence inadmissible but the prosecutor or the judge (or both) may comment on the non compliance to the jury.

(4) A court before which a defendant is to be tried on information may require the defence to notify the Director of Public Prosecutions in writing whether it consents to dispensing with the calling of prosecution witnesses proposed to be called to establish the admissibility of specified intended evidence of any of the following kinds:

(a) documentary, audio, visual, or audiovisual evidence of surveillance or interview;

(b) other documentary, audio, visual or audiovisual evidence;

(c) exhibits.

(5) If the defence fails to comply with a notice under subsection (4), the defendant's consent to the tender of the relevant evidence for purposes specified in the notice will be conclusively presumed.

285BC—Expert evidence

(1) If a defendant is to be tried or sentenced for an indictable offence, and expert evidence is to be introduced for the defence, written notice of intention to introduce the evidence must be given to the Director of Public Prosecutions—

(a) in the case of trial, on or before the date of the first directions hearing, and, in the case of sentence, at least 28 days before the date appointed for submissions on sentence; or

(b) if the evidence does not become available to the defence until later—as soon as practicable after it becomes available to the defence.

(2) The notice—

(a) must set out the name and qualifications of the expert; and

(b) must describe the general nature of the evidence and what it tends to establish.

(3) The court may, on application by a defendant, exempt the defendant from the obligation imposed by this section.

(4) If the defence proposes to introduce expert psychiatric evidence or other expert medical evidence relevant to the defendant's mental state or medical condition at the time of an alleged offence, the court may, on application by the prosecutor, require the defendant to submit, at the prosecutor's expense, to an examination by an independent expert approved by the court.

(5) If a defendant fails to comply with a requirement of or under this section—

(a) the evidence will not be admitted without the court's permission (but the court cannot allow the admission of evidence if the defendant fails to submit to an examination by an independent expert under subsection (4)); and

(b) in the case of a trial by jury—the prosecutor or the judge (or both) may comment on the defendant's non-compliance to the jury.

(6) If the Director of Public Prosecutions receives notice under this section of an intention to introduce expert evidence less than 28 days before the day appointed for the commencement of the trial or submissions on sentence, the court may, on application by the prosecutor, adjourn the case to allow the prosecution a reasonable opportunity to obtain expert advice on the proposed evidence and, if a jury has been empanelled and the adjournment would, in the court's opinion, adversely affect the course of the trial, the court may discharge the jury and order that the trial be re-commenced.

(7) The court should grant an application for an adjournment under subsection (6) unless there are good reasons to the contrary.

(8) If it appears to the judge, from evidence or submissions before the court, that a legal practitioner has advised the defendant not to comply, or has expressly agreed to the defendant's non-compliance, with a requirement of this section, the judge may report the matter to the appropriate professional disciplinary authority.

(9) Before the judge makes a report under subsection (8), the judge will invite the legal practitioner to make submissions to the court showing why the matter should not be reported.

285C—Notice of certain evidence to be given

(1) Subject to subsection (2), if a defendant proposes to introduce evidence of alibi at the trial of an indictable offence in the Supreme Court or the District Court, prior notice of the proposed evidence must be given.

(2) Notice of proposed evidence of alibi is not required under subsection (1) if the same evidence, or evidence to substantially the same effect, was received at the preliminary examination at which the defendant was committed for trial.

(3) The notice—

(a) must be in writing;

(b) must contain—

(i) a summary setting out with reasonable particularity the facts sought to be established by the evidence; and

(ii) the name and address of the witness by whom the evidence is to be given; and

(iii) any other particulars that may be required by the rules;

(c) must be given within seven days after the defendant is committed for trial;

(d) must be given by lodging the notice at the office of the Director of Public Prosecutions or by serving the notice by post on the Director of Public Prosecutions.

(4) Non-compliance with this section does not render evidence inadmissible but the non-compliance may be made the subject of comment to the jury.

(5) Except with the permission of the court, evidence in rebuttal of an alibi shall not be adduced after the close of the case for the prosecution.

(6) Permission shall be granted under subsection (5) where the defendant gives or adduces evidence of alibi in respect of which—

(a) no notice was given under this section; or

(b) notice was given but not with sufficient particularity,

(but this section does not limit the discretion of the court to grant such permission in any other case).

(7) In any legal proceedings, a certificate apparently signed by the Director of Public Prosecutions certifying receipt or non-receipt of a notice under this section, or any matters relevant to the question of the sufficiency of a notice given by a defendant under this section, shall be accepted, in the absence of proof to the contrary, as proof of the matters so certified.

(8) In this section—

evidence of alibi means evidence given or adduced, or to be given or adduced, by a defendant tending to show that he was in a particular place or within a particular area at a particular time and thus tending to rebut an allegation made against him either in the charge on which he is to be tried or in evidence adduced in support of the charge at the preliminary examination at which he was committed for trial.

286—Inspection and copies of depositions

Every accused person shall be entitled—

(a) at the time of his trial, to inspect, without fee or reward, all depositions taken against him which are in the custody of the court;

(b) at any time before his trial, to have a copy of all depositions taken against him from the person having the lawful custody thereof, on payment of such fee as the court or a judge may direct.

288—Right to counsel

A person charged with an offence may be represented by counsel.

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

(1) On the trial of an offence on information, the judge is to invite the defendant, at the conclusion of the prosecutor's opening address, to address the court to outline the issues in contention between the prosecution and the defence.

(2) The defendant may then address the court accordingly or decline the invitation.

(3) If the trial is before a jury, the invitation to exercise a right under this section must be made in the absence of the jury and a defendant's failure to exercise a right that he or she has been invited to exercise under this section is not to be made the subject of comment by the judge or the prosecutor to the jury.

288AB—Right to call or give evidence

(1) A person charged with an offence may, at the conclusion of the evidence for the prosecution, give or call evidence in his or her defence.

(2) If evidence is to be given for the defence, the defendant may, before giving or calling the evidence, address the court outlining the case for the defence.

(3) If there are 2 or more defendants, an address on behalf of any of those defendants must be given before evidence is given by or on behalf of that defendant and, if the court so directs, before evidence is given by or on behalf of any of the defendants.

(4) A defendant may exercise a right to address the court under this section even though he or she has already addressed the court to outline issues in contention between the prosecution and the defence.

288B—Right of reply

(1) At the conclusion of the evidence, the prosecutor and the defendant are entitled to address the court on the evidence.

(2) The address for the prosecution is to be made before any address for the defence.

289—Postponement of trial

(1) No person is entitled to traverse or postpone the trial of any information presented against him in any court of criminal jurisdiction but, if the court is of the opinion that any trial should, for any reason, be adjourned, it may adjourn it to any day during the current sessions, or to the next sessions, on such terms as to bail or otherwise as it thinks fit, and may respite the recognizances of the prosecutor and witnesses accordingly, in which case the prosecutor and witnesses shall be bound to attend on the day to which the trial has been adjourned without entering into any fresh recognizances for that purpose.

(2) Nothing in this section extends to any prosecution by information in the nature of a quo warranto.

290—Verdict for attempt where full offence charged

If on the trial of any person charged with any offence it appears to the jury on the evidence that the accused did not complete the offence charged but that he was guilty only of an attempt to commit the offence, the jury may return as their verdict that the accused is guilty of an attempt to commit the offence charged and thereupon the accused shall be liable to be punished in the same manner as if he had been convicted on an information for such an attempt.



Division 9—Proceedings against corporations

291—Proceedings against corporations

(1) In this section—

representative, in relation to a corporation, means a person appointed by the corporation to represent it for the purposes of this section.

(2) For the purposes of this section—

(a) a representative need not be appointed under the seal of a corporation; and

(b) a statement in writing purporting to be signed by a managing director of a corporation or by one or more of the persons having the management of the affairs of a corporation, to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this section is admissible in evidence and, in the absence of evidence to the contrary, is proof that the person has been so appointed.

(3) A corporation charged with an offence may appear in the proceedings by its representative and may, by its representative, enter or withdraw a plea or make or withdraw an election.

(4) If—


(a) a representative appears in a proceeding against a corporation for an offence; and

(b) there is a requirement that something be done in the presence of the defendant, or be said to the defendant,

it is sufficient if that thing is done in the presence of the representative or said to the representative.

(5) The trial of a corporation may proceed in the absence of any representative of the corporation.

(6) If a corporation arraigned on an information fails to appear by a representative to enter a plea in relation to the charge, the court may order that a plea of not guilty be entered.


Division 10—Verdicts and abolition of forfeiture etc

294—Defects cured by verdict

No judgment after verdict for any indictable offence shall be stayed or reversed for want of a similiter, nor by reason of any defect or irregularity in the summoning of the jurors, nor for the misnomer or misdescription of a juror, nor because any person has served as a juror who has not been returned by the sheriff as a juror.

295—Forfeiture abolished

(1) No confession, verdict, inquest, conviction or judgment of or for any treason or felony, or an offence formerly classified as a felony, shall cause any attainder, forfeiture or escheat.

(2) When any person is charged with treason or felony, or an offence formerly classified as a felony, the jury shall not be charged to inquire concerning his lands, tenements or goods or whether he fled for the offence.

(3) In this section—

forfeiture does not include any fine or penalty imposed by way of sentence.


Division 11—Witness fees and expenses

297—Witness fees

Witness fees and expenses in respect of proceedings under this Act are payable in accordance with the regulations.


Division 12—Orders relating to firearms and other offensive weapons

299A—Orders as to firearms and offensive weapons

(1) Where a court is satisfied by evidence adduced before it that—

(a) a firearm or other offensive weapon was used in the commission of an offence; or

(b) the commission of an offence was facilitated by the use of a firearm or other offensive weapon; or

(c) in the circumstances it is expedient that an order or orders be made under this section,

the court may make any one or more of the following orders:

(d) an order that the firearm or other weapon be forfeited to the Crown;

(e) an order that the firearm or other weapon be delivered into the custody of the Commissioner of Police for a period specified in the order or until further order;

(f) any other order as to the custody or disposition of the firearm;

(g) an order—

(i) that a specified person is subject to a firearms prohibition order under the Firearms Act 1977 until further order; or

(ii) prohibiting a specified person from using or possessing an offensive weapon of any kind, or of a kind specified in the order, for a period specified in the order or until further order.

(2) Upon application by a person with a proper interest in the matter, the court may vary or revoke an order under subsection (1)(e), (f) or (g).

(3) Where an application is made under subsection (2), the court shall not vary or revoke the order in respect of which the application is made unless it is satisfied that it is not inimical to the safety of the community to do so.

(4) A person who contravenes or fails to comply with an order under this section shall be guilty of an offence cognizable by the court by which the order was made and liable to a penalty not exceeding five hundred dollars or imprisonment for twelve months.

(5) Subsection (4) shall not derogate from the power of a court to punish for contempt.

(6) In this section—



court means the Supreme Court, the District Court or a court of summary jurisdiction and includes any judge, magistrate or special justice entitled to preside over or constitute the court.

Division 13—Abolition of presumption of marital coercion

328A—Abolition of presumption of marital coercion

Any presumption of law that an offence committed by a wife in the presence of her husband is committed under the coercion of the husband is abolished; but, on a charge against a wife for any offence other than treason or murder, it shall be a good defence to prove that the offence was committed in the presence, and under the coercion, of the husband.


Division 14—Provision as to persons convicted of offence

329—Provision as to persons convicted of an offence

A person who has been convicted of any offence shall not, by reason of that conviction, suffer any legal disability except such as is prescribed by an Act of the State or the Commonwealth.


Division 15—Overlapping offences

330—Overlapping offences

No objection to a charge or a conviction can be made on the ground that the defendant might, on the same facts, have been charged with, or convicted of, some other offence.





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