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This is a Bill, not an Act. For current law, see the Acts databases.


CRIMINAL CODE BILL 1995

   Queensland




CRIMINAL CODE

 


 

Queensland CRIMINAL CODE TABLE OF PROVISIONS Section Page CHAPTER 1--GENERAL PART 1--INTRODUCTION 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 PART 2--INTERPRETATION 3 Definitions--the dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 PART 3--APPLICATION Division 1--General effect of Code 4 Code applies to all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 5 Code applies as general law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 6 Indictable offences punishable only under express provision . . . . . . . . . . . . 26 7 Code applies to both acts and omissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 8 Code does not limit contempt of court jurisdiction . . . . . . . . . . . . . . . . . . . . 26 Division 2--Multiple proceedings 9 Person not to be punished twice for same act . . . . . . . . . . . . . . . . . . . . . . . . 26 10 Previous conviction or acquittal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 11 An issue under this division an issue of law . . . . . . . . . . . . . . . . . . . . . . . . . 27 Division 3--Territorial jurisdiction 12 Application to offences committed completely or partly in Queensland . . 27 13 Offences enabled, aided, counselled or procured by persons out of Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 14 Offences procured in Queensland to be committed outside Queensland . . 28 15 Code applies in coastal waters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 16 Offences committed in adjacent high seas . . . . . . . . . . . . . . . . . . . . . . . . . . 29

 


 

2 Criminal Code Division 4--Effect of being taken to have committed an offence 17 Explanation of effect of certain declarations . . . . . . . . . . . . . . . . . . . . . . . . . 30 Division 5--Criminal responsibility of State and Commonwealth 18 State or Commonwealth cannot be prosecuted . . . . . . . . . . . . . . . . . . . . . . . 31 Division 6--Civil remedies 19 Relationship of Code with civil remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 20 Civil remedies unaffected by prosecution or conviction . . . . . . . . . . . . . . . 31 Division 7--Bodies corporate 21 Offence provisions apply to bodies corporate . . . . . . . . . . . . . . . . . . . . . . . . 32 PART 4--OFFENCES AND OFFENCE TYPES 22 What is an offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 23 Types of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 24 What offences are crimes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 25 What offences are simple offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 26 What offences are regulatory offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 27 Indictable offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 28 Relationship of offence type to proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . 33 PART 5--PARTIES, ATTEMPTS, PREPARATION, CONSPIRACIES AND ACCESSORIES AFTER THE FACT Division 1--Parties 29 Each party taken to commit offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 30 Who are parties to an offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 31 Offence committed in prosecution of common purpose . . . . . . . . . . . . . . . . 35 32 Offence taken to be counselled or procured . . . . . . . . . . . . . . . . . . . . . . . . . 35 33 Effect of timely withdrawal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Division 2--Attempts and preparation to commit offences 34 What is an attempt to commit an offence . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 35 Attempt to commit a crime is a crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 36 Seeking to procure commission of criminal acts . . . . . . . . . . . . . . . . . . . . . 37 37 Preparation for the commission of certain crimes . . . . . . . . . . . . . . . . . . . . . 38 Division 3--Conspiracies 38 What is a "conspiracy" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

 


 

3 Criminal Code 39 Relationship between criminal responsibility of co-conspirators . . . . . . . . . 39 40 Person may conspire without knowing identity of co-conspirator . . . . . . . . 39 41 Conspiracy by corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 42 Conspiracy can happen even if unlawful purpose impossible . . . . . . . . . . . 40 43 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 44 Conspiracy to commit an offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 45 Industrial disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Division 4--Accessories after the fact 46 Who is an "accessory after the fact" to an offence . . . . . . . . . . . . . . . . . . . 41 47 Becoming an accessory after the fact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 PART 6--RESPONSIBILITY Division 1--State of mind, emergency and immaturity 48 Ignorance of the law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 49 Mistake of fact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 50 Intention--motive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 51 Intoxication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 52 Unsoundness of mind . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 53 Extraordinary emergencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 54 Immature age . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 55 Regulatory offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Division 2--Law enforcement and legal process 56 Judicial officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 57 Actions done under lawful authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 58 Giving effect to legal process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 59 Arrest of wrong person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 60 Force used in executing sentence, process or any arrest . . . . . . . . . . . . . . . 48 61 Stopping escape from arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 62 Stopping escape or rescue after arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 63 Stopping a breach of the peace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 64 Stopping offences for which a person may be arrested without warrant . . . 49 65 Stopping violence by person of unsound mind . . . . . . . . . . . . . . . . . . . . . . . 49 66 Stopping suicide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

 


 

4 Criminal Code Division 3--Personal safety and provoked force 67 Compulsion and duress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 68 Self-defence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 69 Defence of someone else . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 70 Defence of provocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 71 Prevention of repetition of provocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 72 General protection for property damage while defending or protecting person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Division 4--Property defence and enforced claims 73 Defence of premises against crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 74 Defence of place against trespassers or under claim of right . . . . . . . . . . . . 52 75 Defence of moveable property against trespassers or acting under claim of right . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 76 Forcible taking of moveable property from person who has no claim of right . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 77 General protection for property damage while defending or protecting property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 78 Extension to persons acting under authority . . . . . . . . . . . . . . . . . . . . . . . . . 54 Division 5--Orderly control 79 Removal of disorderly person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 80 Orderly control of vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 81 Domestic discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Division 6--Surgical operations and medical treatment 82 Surgical operations and medical treatment . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Division 7--Objective concept of reasonable force, act or belief 83 Objective meaning of "reasonable" in certain circumstances . . . . . . . . . . 55 Division 8--Provocation and the ordinary person 84 Meaning of "provocation" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 85 Characteristics of the ordinary person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 PART 7--GENERAL DUTIES 86 Effect of duties imposed by this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 87 Duty to provide necessaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 88 Duty of parent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 89 Duty of child's employer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58

 


 

5 Criminal Code 90 Duty of person doing dangerous act under an undertaking . . . . . . . . . . . . . . 58 91 Duty of person omitting to do an act undertaken to be done . . . . . . . . . . . . 59 92 Duty of persons in charge of dangerous things . . . . . . . . . . . . . . . . . . . . . . . 59 PART 8--DEFENCES 93 Onus and standard of proof for defence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 CHAPTER 2--PERSONAL OFFENCES PART 1--HOMICIDE AND ASSOCIATED OFFENCES Division 1--Unlawful killing 94 What is "murder" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 95 Murder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 96 Manslaughter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Division 2--Matters related to unlawful killing 97 Meaning of "kill" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 98 When a child becomes a person capable of being killed . . . . . . . . . . . . . . . 61 99 Injuries causing death because of later treatment . . . . . . . . . . . . . . . . . . . . . 61 100 Death by acts done before or during childbirth . . . . . . . . . . . . . . . . . . . . . . . 62 101 Consent to death immaterial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 102 Killing on provocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 103 Diminished responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Division 3--Associated offences 104 Attempt to murder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 105 Accessory after the fact to murder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 106 Documented threats to murder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 107 Conspiring to murder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 108 Aiding suicide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 109 Killing an unborn child . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 110 Hiding the birth of a child . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 PART 2--GRIEVOUS BODILY HARM AND ASSAULT Division 1--Grievous bodily harm 111 Grievous bodily harm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 112 Consent to grievous bodily harm immaterial . . . . . . . . . . . . . . . . . . . . . . . . . 66

 


 

6 Criminal Code Division 2--Assault generally 113 What is an "assault" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 114 Assault . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 115 Assault of crew member in aircraft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Division 3--Rape and other sexual assaults 116 Rape . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 117 Sexual assault . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 118 Procuring act of gross indecency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 PART 3--INTERFERING WITH LIBERTY Division 1--Deprivation of liberty 119 What is "kidnapping for ransom" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 120 Kidnapping for ransom . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 121 What is "kidnapping" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 122 Kidnapping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 123 What is "deprivation of liberty" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 124 Deprivation of liberty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Division 2--Children and mental patients 125 Meaning of "guilty intent" for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 126 Child stealing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 127 Harbouring stolen child . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 128 Abduction of child under 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 129 Unlawful custody of mental patient . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Division 3--Threats 130 Meaning of "guilty intent" for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 131 Threats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Division 4--Unlawful stalking 132 What is unlawful stalking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 133 Unlawful stalking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 PART 4--OTHER OFFENCES ENDANGERING LIFE, HEALTH OR SAFETY Division 1--Offences involving vehicles 134 Dangerous operation of a vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78

 


 

7 Criminal Code 135 Contravening Act about commercial vehicles . . . . . . . . . . . . . . . . . . . . . . . 80 136 Putting destructive thing in vehicle etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 137 Endangering vehicle passenger . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Division 2--Other dangerous acts 138 Disabling or stupefying with intent to commit a crime . . . . . . . . . . . . . . . . 82 139 Acts intended to cause serious harm or stop arrest or detention . . . . . . . . . 82 140 Placing explosive or noxious substance with intent . . . . . . . . . . . . . . . . . . . 83 141 Placing explosive substance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 142 Setting traps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 143 Permitting traps to remain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 144 Acts causing bodily harm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 145 Obstructing rescue or escape from unsafe premises . . . . . . . . . . . . . . . . . . . 84 146 Administering poison with intent to harm . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Division 3--Offences against persons under care 147 Failing to supply necessaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 148 Endangering life or health of an employee under 16 . . . . . . . . . . . . . . . . . . 86 149 Endangering a child under 7 by exposure . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 150 Cruelty to a child under 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 CHAPTER 3--PROPERTY OFFENCES, DISHONESTY OFFENCES AND ASSOCIATED OFFENCES PART 1--STEALING, DISHONEST APPROPRIATION AND ASSOCIATED OFFENCES Division 1--Property concepts 151 Meaning for pt 1 of "property" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 152 Meaning for pt 1 of "owner" of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 153 When particular property is anyone else's property . . . . . . . . . . . . . . . . . . . 88 154 When property held for someone else is the other person's property . . . . . 89 Division 2--Stealing and dishonest appropriation offences Subdivision 1--Stealing 155 What is "stealing" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 156 Stealing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Subdivision 2--Dishonest appropriation 157 What is an "appropriation" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92

 


 

8 Criminal Code 158 Dishonest appropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Subdivision 3--Provisions common to stealing and dishonest appropriation 159 Conversion of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 160 Example of acts that may be fraudulent or dishonest . . . . . . . . . . . . . . . . . . 93 161 Example of act that is not fraudulent or dishonest . . . . . . . . . . . . . . . . . . . . 94 162 Examples of what is not stealing or dishonest appropriation . . . . . . . . . . . . 94 163 Making property moveable with intent to steal or dishonestly appropriate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Division 3--Offences about property derived from other offences 164 Bringing stolen property into Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 165 Receiving tainted property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 166 Taking reward for recovery of tainted property . . . . . . . . . . . . . . . . . . . . . . . 97 PART 2--ROBBERY AND EXTORTION 167 Robbery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 168 Attempted robbery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 169 Extortion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 PART 3--BURGLARY 170 Burglary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 PART 4--UNLAWFUL USE, POSSESSION OR CONTROL 171 Unlawful use or possession of vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 172 Unlawfully taking control of aircraft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 173 Meaning of "restricted computer" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 174 Meaning of computer "controller" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 175 Unlawful computer use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 PART 5--TAMPERING, FORGERY, FRAUD AND IMPERSONATION Division 1--Concepts of gaining benefit and causing detriment 176 Meaning of "benefit" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 177 Meaning of "to gain a benefit" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 178 Meaning of "detriment" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 179 Meaning of "to cause a detriment" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105

 


 

9 Criminal Code Division 2--Offences 180 Tampering with documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 181 When does a person engage in "forgery" . . . . . . . . . . . . . . . . . . . . . . . . . . 106 182 Forgery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 183 Dealing with things used for forgery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 184 Fraud . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 185 Impersonation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 186 Unlawful acknowledgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 187 Gaining or giving unauthorised status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 PART 6--DAMAGE TO PROPERTY Division 1--Basic concepts 188 What acts are "unlawful" damage to property . . . . . . . . . . . . . . . . . . . . . . 110 189 What is "damage" to property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Division 2--Offences 190 Unlawful damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 191 Danger by placing explosive or noxious substance . . . . . . . . . . . . . . . . . . . 112 192 Damaging mines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 CHAPTER 4--PUBLIC ORDER AND AUTHORITY OFFENCES PART 1--SEDITION, INTERFERING WITH POLITICAL LIBERTY AND INFLUENCING MLAs 193 Meaning of "seditious intention" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 194 Sedition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 195 Interfering with political liberty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 196 Unlawfully interfering with an election . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 197 Attempt to unlawfully influence MLA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 PART 2--PUBLIC ADMINISTRATION OFFENCES 198 Disclosing official secret . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 199 Abuse of office by public officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 200 Breach of duty by public officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 201 Obstructing or resisting public officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 PART 3--JUSTICE ADMINISTRATION OFFENCES 202 Dishonestly attempting to influence juror . . . . . . . . . . . . . . . . . . . . . . . . . . 118

 


 

10 Criminal Code 203 Threatening juror . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 204 Perjury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 205 Fabricating evidence with intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 206 Using fabricated evidence with intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 207 Deceiving witness with intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 208 Damaging evidence with intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 209 Stopping witness from attending tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 210 Conspiring to bring false accusation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 211 Conspiring to obstruct justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 212 Attempting to obstruct justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 213 Delaying to take arrested person before Magistrates Court . . . . . . . . . . . . 122 214 Interfering with property under lawful seizure . . . . . . . . . . . . . . . . . . . . . . . 122 PART 4--PUBLIC AUTHORITY OFFENCES 215 Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 216 Aiding person to escape from lawful custody . . . . . . . . . . . . . . . . . . . . . . . 123 217 Freeing person from lawful custody without authority . . . . . . . . . . . . . . . . 123 218 Escaping from lawful custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 219 Permitting escape from lawful custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 220 Harbouring etc. escaped prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 221 False statements on oath etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 222 Other false statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 223 Contradictory statements--false statements . . . . . . . . . . . . . . . . . . . . . . . . 125 224 Disobeying lawful order issued by court or under Act . . . . . . . . . . . . . . . . 125 225 Conspiring to stop enforcement of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 CHAPTER 5--OTHER PUBLIC INTEREST OFFENCES PART 1--SEXUAL OFFENCES 226 Indecently dealing with child under 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 227 Vaginal intercourse with female under 16 . . . . . . . . . . . . . . . . . . . . . . . . . . 128 228 Taking a child under 16 for an immoral purpose . . . . . . . . . . . . . . . . . . . . . 129 229 Taking a child for anal intercourse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 230 Maintaining a sexual relationship with a child under 16 . . . . . . . . . . . . . . 130

 


 

11 Criminal Code 231 Owner of premises inducing child under 16 to be on the premises to be abused . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 232 Owner of premises inducing child to be on the premises for anal intercourse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 233 Unlawful sexual intercourse with a person who has an intellectual or psychiatric impairment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 234 Indecently dealing with a person who has an intellectual or psychiatric impairment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 235 Procuring a child for sexual intercourse . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 236 Procuring a person who has an intellectual or psychiatric impairment for sexual intercourse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 237 Procuring sexual acts by deception or coercion . . . . . . . . . . . . . . . . . . . . . 136 238 Drugging person to allow sexual act to be engaged in . . . . . . . . . . . . . . . . 136 239 Indecent acts or shows with intent to insult . . . . . . . . . . . . . . . . . . . . . . . . . 137 240 Public use of obscene materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 241 Public exhibition of indecent show . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 242 Person must not permit a child under 12 to witness indecent show . . . . . 139 243 Anal intercourse with a child . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 244 Incest with female . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 245 Incest with male . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 246 Bestiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 247 Knowledge of age immaterial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 PART 2--BREACHES OF THE PEACE Division 1--Riot 248 Meaning of "violence" for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 249 Riot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 Division 2--Affray 250 Meaning of "violence" for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 251 Affray . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 Division 3--Other breaches of the peace 252 Being armed in a way likely to cause fear . . . . . . . . . . . . . . . . . . . . . . . . . 144 253 Forcible entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 254 Forcible holding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144

 


 

12 Criminal Code 255 Threatening to enter or damage premises with intent to intimidate or annoy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 256 Committing breach of the peace with intent to alarm . . . . . . . . . . . . . . . . 145 PART 3--BRIBERY Division 1--Bribery of agents, MLAs and public officers 257 Meaning of "agent", "MLA" and "prescribed person" for division . . . . . 146 258 Bribing an agent, MLA or public officer . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 259 Giving a bribe in relation to an agent, MLA or public officer . . . . . . . . . . 147 260 Seeking a bribe in relation to an agent, MLA or public officer . . . . . . . . . 148 261 Custom of itself no defence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Division 2--Bribery relating to the administration of justice 262 Bribing a judicial officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 263 Giving a bribe in relation to a judicial officer . . . . . . . . . . . . . . . . . . . . . . . 150 264 Seeking a bribe in relation to a judicial officer . . . . . . . . . . . . . . . . . . . . . 150 265 Seeking a bribe for anything to be done as a juror . . . . . . . . . . . . . . . . . . . 151 266 Seeking a bribe for anything done as a juror . . . . . . . . . . . . . . . . . . . . . . . . 151 267 Seeking a bribe in relation to false testimony . . . . . . . . . . . . . . . . . . . . . . . 151 268 Giving a bribe in relation to false testimony . . . . . . . . . . . . . . . . . . . . . . . . 151 269 Inducing a witness to give false testimony . . . . . . . . . . . . . . . . . . . . . . . . . 152 270 Compounding etc. offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 PART 4--ORGANISED CRIME 271 When does a person engage in organised crime . . . . . . . . . . . . . . . . . . . . . 153 272 Engaging in organised crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 PART 5--DRUG MISUSE OFFENCES 273 What is a "dangerous drug" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 274 Who is a "drug dependent person" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 275 Trafficking in a dangerous drug . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 276 Supplying a dangerous drug . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 277 Receiving or possessing property derived from trafficking or supplying dangerous drugs or converted property . . . . . . . . . . . . . . . . . . . . 158 278 Producing a dangerous drug . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 279 Possessing a dangerous drug . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 280 Unlawful possession of a certain thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162

 


 

13 Criminal Code 281 Permitting place to be used for drugs misuse offence . . . . . . . . . . . . . . . . 163 282 Parties to offences committed outside Queensland . . . . . . . . . . . . . . . . . . 163 283 Attempt to commit offence against this part . . . . . . . . . . . . . . . . . . . . . . . . 164 284 Protection of informers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 285 Authorised person permitted to receive and dispose of dangerous drug . . 164 PART 6--PROSTITUTION 286 Definitions for prostitution offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 287 Meaning of "prostitution" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 288 Procuring prostitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 289 Knowingly participating in provision of prostitution . . . . . . . . . . . . . . . . . . 167 290 Attending a place being used for unlawful prostitution . . . . . . . . . . . . . . . 168 291 Having an interest in premises used for prostitution etc. . . . . . . . . . . . . . . 169 292 Person must not contravene requirement under s 291 . . . . . . . . . . . . . . . . . 170 293 Permitting a child etc. to be in a place used for prostitution . . . . . . . . . . . 171 PART 7--OTHER OFFENCES Division 1--Abortion 294 Attempts to procure abortion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171 295 Attempt by female to procure own abortion . . . . . . . . . . . . . . . . . . . . . . . . 171 296 Supplying anything to procure abortion . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 Division 2--Corpses 297 Meaning of "corpse" for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 298 Person must perform duty in relation to corpse . . . . . . . . . . . . . . . . . . . . . . 172 299 Person must not improperly interfere with corpse . . . . . . . . . . . . . . . . . . . . 173 Division 3--Common nuisance, common gaming and betting houses and lotteries 300 Common nuisance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 301 Keeping a common gaming house . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 302 Opening etc. a common betting house . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 303 Opening etc. place to carry on lottery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 CHAPTER 6--PROCEDURE PART 1--ARREST 304 Meaning of "arrest without warrant" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176

 


 

14 Criminal Code 305 Arrest without warrant for all crimes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 306 Power to arrest without warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 307 Arrest without warrant subject to conditions . . . . . . . . . . . . . . . . . . . . . . . . 177 308 Arrest of persons found committing offences on aircraft . . . . . . . . . . . . . . 177 309 Arrest during attempted escape . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 310 Arrest of persons offering stolen property . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 311 Arrested person must be brought before court . . . . . . . . . . . . . . . . . . . . . . . 178 312 Person arresting to produce authority etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 178 PART 2--PROCEEDINGS GENERALLY Division 1--Jurisdiction of particular types of courts 313 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 Division 2--Place of trial 314 Place of trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 315 Persons brought before wrong court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 316 Change of place of trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 Division 3--Committal proceedings and other summary proceedings before magistrates courts 317 Committal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 318 Summary proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 319 Time limitation of 2 years for summary prosecution . . . . . . . . . . . . . . . . . 183 320 When a charge for an indictable offence may be decided summarily . . . 183 321 Change to committal proceedings during summary proceedings . . . . . . . . 185 322 Effect of summary conviction of indictable offences . . . . . . . . . . . . . . . . . 186 Division 4--Simple offence charges dealt with in Supreme Court or a District Court 323 Supreme Court and a District Court may decide summary offences . . . . . 186 PART 3--INDICTMENTS Division 1--Application of part 324 Application of divisions 3 and 4 to charges dealt with on indictment or summarily . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 Division 2--Indictments generally 325 Nature of indictment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 326 Presenting of indictment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188

 


 

15 Criminal Code 327 Form of indictment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 328 Formal defects in indictment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 329 Amendment of indictment generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 330 Particulars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190 331 Withdrawal of charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190 332 Stay of vexatious or oppressive proceedings . . . . . . . . . . . . . . . . . . . . . . . . 190 333 Arrest of person charged on indictment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190 Division 3--Statement of a charge 334 General rules about statement of charge for indictable offence . . . . . . . . 191 335 Statement of charge for particular indictable offences . . . . . . . . . . . . . . . . 192 336 Statement of previous conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 Division 4--Joinder 337 Joinder of charges generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 338 Particular cases of charging more than 1 offence as a single offence . . . 194 339 Joinder of offences and persons about entering or being in premises with intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 340 Joinder of offence of maintaining a sexual relationship with a child under 16 with another sexual offence . . . . . . . . . . . . . . . . . . . . . . . . . 196 341 Joinder of charged persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 342 Joinder of parties and accessories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198 PART 4--EFFECT OF INDICTMENT OR CRIME COMPLAINT Division 1--Application 343 Application to charges dealt with on indictment or summarily . . . . . . . . . 198 344 Provisions of divisions 2 and 3 to be read in addition to other provisions of divisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 345 Effect of conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 Division 2--General 346 Offences involving circumstances of aggravation . . . . . . . . . . . . . . . . . . . . 199 347 When evidence shows offence of similar type . . . . . . . . . . . . . . . . . . . . . . 199 348 Charge of procuring commission of offence . . . . . . . . . . . . . . . . . . . . . . . . 200 349 Charge of procuring commission of wrongful act . . . . . . . . . . . . . . . . . . . . 200 350 Conviction for attempt to commit offence on charge of committing offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 351 Charge involving specific result or intent . . . . . . . . . . . . . . . . . . . . . . . . . . 202

 


 

16 Criminal Code Division 3--Particular offences 352 Alternative verdicts on conspiracy charge . . . . . . . . . . . . . . . . . . . . . . . . . . 202 353 Alternative verdict of being an accessory after the fact on charge of committing an offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 354 Indictment containing count of murder or unlawful killing . . . . . . . . . . . . 202 355 Charge of child homicide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 356 Charge of offence of a sexual nature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 357 Additional power to convict for dangerous operation of a vehicle . . . . . . 206 358 Stealing, dishonest appropriation and fraud . . . . . . . . . . . . . . . . . . . . . . . . . 206 359 Indictment for joint receiving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207 360 Charge of damage to property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207 PART 5--TRIAL PROCEEDINGS GENERALLY Division 1--Directions and rulings before trial 361 Directions and rulings before trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207 Division 2--Separate trials 362 Application to charges dealt with on indictment or summarily . . . . . . . . . 208 363 Separate trials when 2 or more charges against the same person . . . . . . . 209 364 Separate trial for real chance of complainant's concoction . . . . . . . . . . . . 209 365 Separate trials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210 Division 3--Bringing on trial and ordering adjournment 366 Right to be tried . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210 367 Accelerating trial of a person not under committal . . . . . . . . . . . . . . . . . . 211 368 Adjournment of trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211 369 Directions about trial on adjournment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212 370 Enlargement of notice to witness on adjournment of trial . . . . . . . . . . . . . 212 Division 4--Applications by charged person about indictment 371 Delivery of copy of indictment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212 372 Application to set aside indictment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213 373 Wrong name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213 Division 5--Pleas 374 Charged person to be called on to plead to indictment . . . . . . . . . . . . . . . 213 375 Pleas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214

 


 

17 Criminal Code 376 Person committed for sentence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215 377 Plea entered for person by court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216 378 Plea of previous conviction or acquittal . . . . . . . . . . . . . . . . . . . . . . . . . . . 216 379 Trial on plea to the jurisdiction or plea of former conviction or acquittal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216 380 Charged person incapable of understanding trial proceedings . . . . . . . . . . 217 Division 6--Corporation as charged person 381 Presence in court and plea when a corporation is charged . . . . . . . . . . . . 217 Division 7--Appearances and fair conduct 382 Defence in person or by a lawyer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219 383 Presence of charged person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219 384 Orders for fair conduct of trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220 Division 8--Trial of issues 385 Trial by jury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220 386 Jury Act 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221 387 Evidence in defence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221 388 Addresses by parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221 389 Summing up by trial judge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222 390 Special verdict . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222 Division 9--Other provisions 391 Procedure on charge of an offence committed after previous conviction . 223 392 Further pleas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224 393 Plea of guilty during trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224 PART 6--EVIDENCE Division 1--General 394 Evidence of authority to start prosecution . . . . . . . . . . . . . . . . . . . . . . . . . . 225 395 Recording of trial proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225 396 Documents, exhibits etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226 Division 2--Evidence about offences 397 Evidence of blood relationship for particular sexual crimes . . . . . . . . . . . 226 398 Evidence on particular charges of stealing or dishonestly appropriating . 227 399 Evidence of ownership etc. on particular charges of stealing or dishonestly appropriating property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228

 


 

18 Criminal Code 400 Witness must answer incriminating questions in certain cases . . . . . . . . . 229 401 Evidence on trials about false testimony . . . . . . . . . . . . . . . . . . . . . . . . . . . 229 402 Non-compellability of health service providers on prostitution matters . . 230 403 Analyst's certificate for drugs misuse offence . . . . . . . . . . . . . . . . . . . . . . . 230 404 Evidentiary provisions for drugs misuse offences . . . . . . . . . . . . . . . . . . . . 231 405 Evidence that place is being used for prostitution . . . . . . . . . . . . . . . . . . . 232 406 Evidence of gaming . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 232 407 Dishonesty need not be directed to particular person . . . . . . . . . . . . . . . . . 232 408 Injury need not be intended for a particular person . . . . . . . . . . . . . . . . . . . 232 PART 7--VERDICTS AND JUDGMENTS 409 Person being tried of unsound mind during trial . . . . . . . . . . . . . . . . . . . . . 233 410 Acquittal because of unsoundness of mind . . . . . . . . . . . . . . . . . . . . . . . . . 233 411 Discharge of person acquitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234 412 Convicted person to be called on before sentence . . . . . . . . . . . . . . . . . . . 234 413 Attorney-General may apply for resentence after reductions if promised cooperation does not eventuate . . . . . . . . . . . . . . . . . . . . . . . . . . 235 414 Certain sentencing proceedings may be held in chambers . . . . . . . . . . . . 236 415 Application of part generally to indictable offences . . . . . . . . . . . . . . . . . . 236 PART 8--OTHER TRIAL PROVISIONS Division 1--Prohibition on publication of proceedings 416 Power to prohibit publication of drugs misuse offence proceedings . . . . . 237 Division 2--Certificate of discharge 417 Certificate of discharge for s 290 crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238 Division 3--Order for delivery of property 418 Orders for delivery of certain property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239 PART 9--COURT OF APPEAL PROCEEDINGS Division 1--Preliminary 419 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240 420 Acquittal because of unsoundness of mind . . . . . . . . . . . . . . . . . . . . . . . . . 241 Division 2--Appeal by convicted person 421 Right of convicted person to appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241 422 Other appeals by convicted person from summary convictions excluded . 242

 


 

19 Criminal Code 423 Decision on appeal by convicted person in ordinary cases . . . . . . . . . . . . 242 424 Powers of Court on appeals by convicted person in special cases . . . . . . 243 425 Power to grant new trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244 426 Appellant may be present . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244 427 Written appeals allowed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244 Division 3--Proceedings started by Attorney-General 428 Attorney-General may appeal against a sentence for an indictable offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 245 429 Attorney-General may refer an issue of law . . . . . . . . . . . . . . . . . . . . . . . . 245 430 Attorney-General may appeal against order staying a charge for an indictable offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246 Division 4--Time limitation on start of proceedings 431 Time to appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246 Division 5--Custody, imprisonment and detention 432 Appellant's custody, imprisonment and detention . . . . . . . . . . . . . . . . . . . 247 Division 6--Suspension of other orders 433 Revesting and restitution of property on conviction . . . . . . . . . . . . . . . . . . 248 Division 7--Other powers of Court of Appeal 434 General power to make orders on sentence . . . . . . . . . . . . . . . . . . . . . . . . . 249 435 Powers assisting the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250 Division 8--Miscellaneous provisions about appeals to the Court of Appeal 436 Costs of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251 437 Registrar's duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251 438 Registrar may act on frivolous or vexatious appeal . . . . . . . . . . . . . . . . . . 252 439 Trial record to be given to registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252 440 Judge's notes to be furnished on appeal if needed . . . . . . . . . . . . . . . . . . . 252 Division 9--Appeals from the Court of Appeal 441 Appeals from the Court's decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253 Division 10--Reserving issues of law 442 Reservation of an issue of law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254 PART 10--PREROGATIVE OF MERCY 443 Code does not limit prerogative of mercy . . . . . . . . . . . . . . . . . . . . . . . . . . 255

 


 

20 Criminal Code 444 Conditional release under prerogative of mercy . . . . . . . . . . . . . . . . . . . . . 255 445 Effect of prerogative of mercy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 PART 11--MISCELLANEOUS Division 1--Search provisions 446 Search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 447 Search of aircraft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257 Division 2--Property provisions 448 Property found on offender on arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258 449 Disposal of property seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258 450 Explosives or noxious substances seized from vehicles . . . . . . . . . . . . . . . 259 Division 3--Consent to prosecution 451 Consent of State law officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260 Division 4--Provisions generally helping charged person 452 No court fees in criminal cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260 453 Copies of depositions to be allowed to person committed for trial . . . . . . 260 454 Inspection of depositions at trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261 Division 5--Confidentiality 455 Source of information about drugs misuse offence not to be disclosed . . . 261 456 Other protection for police officer for drugs misuse offence charges . . . . 262 Division 6--Forms 457 Forms for criminal proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262 Division 7--Amendments and repeals 458 Amendment of Acts--sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262 459 Consolidation and amendment of certain laws . . . . . . . . . . . . . . . . . . . . . . 262 460 Repeal of Acts--sch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . 264 DRUGS MISUSE SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . 277 AMENDMENT OF ACTS PART 1 ACTS INTERPRETATION ACT 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 277 JUSTICES ACT 1886 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278

 


 

21 Criminal Code PART 2 ACTS INTERPRETATION ACT 1954 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278 EVIDENCE ACT 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 282 JUVENILE JUSTICE ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301 SECURITY PROVIDERS ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301 TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305 SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . 309 CONSOLIDATION AND AMENDMENT OF CERTAIN LAWS SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . 321 REPEALED ACTS SCHEDULE 5 . . . . . . . . . . . . . . . . . . . . . . . 322 DICTIONARY

 


 

 

1995 A BILL FOR An Act for a code of criminal law

 


 

s1 24 s2 Criminal Code The Parliament of Queensland enacts-- 1 CHAPTER 1--GENERAL 2 PART 1--INTRODUCTION 3 title 4 Short 1. This Act may be cited as the Criminal Code. 5 6 Commencement 2.(1) Section 458, so far as it relates to the amendments in schedule 2, 7 part 1, commences on assent. 8 (2) Section 459, so far as it relates to the amendments in schedule 3, 9 part 1, also commences on assent. 10 (3) Section 459, so far as it relates to the other amendments in 11 schedule 3, commences immediately before section 3 commences. 12 (4) The remaining provisions commence on a day fixed by proclamation. 13

 


 

s3 25 s5 Criminal Code ART 2--INTERPRETATION 1 P dictionary 2 Definitions--the 3. The dictionary1 in schedule 5 defines particular words used in this Act 3 (the "Code"). 4 PART 3--APPLICATION 5 1--General effect of Code 6 Division applies to all persons 7 Code 4. The Code applies to all persons, including the State and, so far as the 8 legislative power of the State permits, the Commonwealth and the other 9 States. 10 applies as general law 11 Code 5.(1) The Code is the law of Queensland for matters it deals with. 12 (2) The Code applies to all offences under the Code or another Act, 13 unless the contrary intention appears in an Act. 14 (3) If another Act makes provision for an indictable offence, the Act 15 1 In some Acts, definitions are contained in a dictionary that appears as the last schedule and forms part of the Act--Acts Interpretation Act 1954, section 14(4). Words defined elsewhere in the Code are generally signposted by entries in the dictionary. However, if a section has a definition that only applies to the section, or a part of the section, it is generally not signposted by an entry in the dictionary. If this type of definition is set out in a separate subsection, the subsection is generally the last subsection of the section. Signpost definitions in the dictionary alert the reader to the terms defined elsewhere in the Code and tell the reader where these definitions can be found. For example, the definition ` "offence" see section 22', tells the reader there is a definition of the term "offence" in section 22.

 


 

s6 26 s9 Criminal Code must be read with the Code to the extent the other Act makes provision for 1 the offence. 2 offences punishable only under express provision 3 Indictable 6. A person is not liable to be prosecuted or punished in Queensland for 4 an indictable offence other than under the express provisions of an Act. 5 applies to both acts and omissions 6 Code 7. The Code applies to both acts and omissions.2 7 does not limit contempt of court jurisdiction 8 Code 8. The Code does not affect the power of a court to punish for contempt 9 of court. 10 Division 2--Multiple proceedings 11 not to be punished twice for same act 12 Person 9.(1) A person must not be punished twice for the same act. 13 (2) However, if, after a person's conviction for an act (the "first 14 conviction"), the act causes anyone's death, the person may be prosecuted 15 and punished for an offence committed by the person because the person 16 caused the death, even though the person has already been punished for the 17 act on the first conviction. 18 (3) If an act done by a person is an offence under each of 2 or more laws, 19 the person may be prosecuted and punished under any of the laws. 20 (4) Subsection (3) is subject to subsection (1). 21 2 The dictionary in schedule 5 defines an act to include an omission, and the doing of an act to include the making of an omission.

 


 

s 10 27 s 12 Criminal Code conviction or acquittal 1 Previous 10. It is a defence to a charge of an offence (the "current" charge and 2 offence) to show that the charged person has already been tried, and 3 convicted or acquitted on-- 4 (a) a charge on which the person could have been convicted of the 5 current offence; or 6 (b) a charge of an offence of which the person could be convicted on 7 the current charge. 8 issue under this division an issue of law 9 An 11. An issue under this division is an issue of law. 10 Division 3--Territorial jurisdiction 11 to offences committed completely or partly in Queensland 12 Application 12.(1) This Code applies to anyone who does an act in Queensland that is 13 an offence. 14 (2) If-- 15 (a) acts are done that, if they had all be done in Queensland, would be 16 an offence; and 17 (b) any of the acts are done in Queensland; 18 the person who does the acts commits an offence as if all the acts had been 19 done in Queensland. 20 (3) If-- 21 (a) an event happens in Queensland caused by an act done outside 22 Queensland; and 23 (b) the act would be an offence if it had been done in Queensland; 24 the person who does the act commits an offence as if the act had been done 25 in Queensland. 26 (4) If-- 27

 


 

s 13 28 s 14 Criminal Code (a) an event happens outside Queensland caused by an act done in 1 Queensland; and 2 (b) the act would be an offence if the event happened in Queensland; 3 the person who does the act commits an offence as if the event had 4 happened in Queensland. 5 enabled, aided, counselled or procured by persons out of 6 Offences Queensland 7 13.(1) If, outside Queensland, a person-- 8 (a) does an act to enable or aid anyone to commit an offence that is 9 actually committed in Queensland; or 10 (b) aids anyone in committing an offence that is actually committed 11 in Queensland; or 12 (c) counsels or procures anyone to commit an offence actually 13 committed in Queensland; 14 the person is taken to commit the offence that is committed in Queensland. 15 (2) If-- 16 (a) outside Queensland, a person procures anyone to do an act in 17 Queensland; and 18 (b) the act is of a type that, if the person had done the act in 19 Queensland, the person would have committed an offence; 20 the person commits an offence as if the person had done the act in 21 Queensland. 22 procured in Queensland to be committed outside 23 Offences Queensland 24 14.(1) If-- 25 (a) in Queensland, a person procures anyone to do an act at a place 26 outside Queensland; and 27 (b) the act is of a type that-- 28 (i) if the person had done the act in Queensland, the person 29

 


 

s 15 29 s 16 Criminal Code would have committed an offence; and 1 (ii) if the person had done the act in the place outside 2 Queensland, the person would have committed an offence 3 against the laws in force in that place; 4 the person commits an offence as if the person had done the act in 5 Queensland. 6 (2) However, the punishment must not be more than the punishment to 7 which the person would have been liable, under the laws in force in the 8 place outside Queensland, for doing the act in that place. 9 applies in coastal waters 10 Code 15. For the application of the Code, Queensland is taken to include the 11 coastal waters of the State.3 12 committed in adjacent high seas 13 Offences 16.(1) If a person connected with Queensland-- 14 (a) does an act while in, on, under or over the high seas within 15 320 km of Queensland; and 16 (b) the act is of a type that, if the person had done the act in 17 Queensland, the person would have committed an offence; 18 the person commits an offence as if the person had done the act in 19 Queensland. 20 (2) If-- 21 (a) a person does an act affecting the person or property of anyone 22 3 Under the Acts Interpretation Act 1954, section 36, "coastal waters of the State" means-- (a) the parts of the territorial sea of Australia that are within the adjacent area in respect of the State, other than any part mentioned in section 4(2) of the Coastal Waters (State Powers) Act 1980 (Cwlth); or (b) any sea that is on the landward side of any part of the territorial sea of Australia and within the adjacent area in respect of the State, but is not within the limits of the State.

 


 

s 17 30 s 17 Criminal Code connected with Queensland while in, under or over the high seas 1 within 320 km of Queensland; and 2 (b) the act is of a type that if the person had done the act in 3 Queensland the person would have committed an offence; and 4 (c) the person afterwards enters Queensland at any time; 5 the person commits an offence as if the person had done the act in 6 Queensland. 7 (3) In this section-- 8 "anyone connected with Queensland" includes a person who, at the time 9 of the relevant act-- 10 (a) ordinarily lives in Queensland; or 11 (b) is on, or operating from, a structure connected with Queensland. 12 "structure connected with Queensland" means an aircraft, boat, facility, 13 installation, or structure regulated, completely or partly, under 14 Queensland law. 15 Division 4--Effect of being taken to have committed an offence 16 of effect of certain declarations 17 Explanation 17.(1) This section applies if a provision declares that a person is taken to 18 commit an offence, or commits an offence, as if particular facts were true. 19 (2) The person may be charged with, and punished for, the offence, and a 20 court or anyone may exercise the same powers in relation to the person or 21 offence, as if the person had committed the offence under the law applying 22 apart from the declaration. 23 24 Example-- 25 O aids someone else to commit an offence. Under section 29 (Each party taken 26 to commit offence), O is taken to commit the offence. O may be charged with the 27 offence (and is otherwise subject to this subsection) as if O had actually done the act 28 that is the offence. (3) Also, if a court or anyone may exercise a power on a suspicion or 29 belief about an act that, if committed, would be an offence, the power may 30 be exercised under circumstances in which the act would be taken to be an 31

 


 

s 18 31 s 20 Criminal Code offence under the declaration. 1 (4) Subsections (2) and (3) do not limit the effect of the declaration. 2 Division 5--Criminal responsibility of State and Commonwealth 3 or Commonwealth cannot be prosecuted 4 State 18.(1) A State or the Commonwealth cannot be prosecuted for an 5 offence even though the provision against which the offence is committed is 6 expressly applied to the State or Commonwealth. 7 (2) However, an employee or agent of a State or the Commonwealth 8 may be prosecuted for the offence if the employee or agent is a party to the 9 offence. 10 Division 6--Civil remedies 11 of Code with civil remedies 12 Relationship 19.(1) If the Code declares that an act is lawful, no action can be taken 13 claiming that the act is unlawful. 14 (2) Otherwise-- 15 (a) the Code does not affect a right of action that a person would have 16 had against anyone if the Code had not been enacted; and 17 (b) the absence from the Code of punishment for an act that, before 18 the commencement of the Code, was an actionable wrong does 19 not affect a right of action about it. 20 (3) For subsection (1), it is sufficient if a provision of the Code states that 21 a person may do the act. 22 remedies unaffected by prosecution or conviction 23 Civil 20. The prosecution or conviction of a person for an offence does not 24 affect a civil remedy anyone aggrieved by the offence may have against the 25 person, unless an Act otherwise expressly provides. 26

 


 

s 21 32 s 25 Criminal Code Division 7--Bodies corporate 1 provisions apply to bodies corporate 2 Offence 21. A provision of an Act relating to offences punishable on indictment 3 or summary conviction applies to bodies corporate as well as individuals. 4 PART 4--OFFENCES AND OFFENCE TYPES 5 is an offence 6 What 22. An act or omission that makes the person who does the act liable to 7 punishment is called an offence. 8 of offences 9 Types 23.(1) An offence is either a criminal offence or a regulatory offence.4 10 (2) A criminal offence is an offence that is either a crime or a simple 11 offence. 12 offences are crimes 13 What 24. The following offences are crimes-- 14 (a) every offence defined in the Code; 15 (b) every indictable offence; 16 (c) every offence that is expressly declared under an Act to be a 17 crime. 18 offences are simple offences 19 What 25. The following offences are simple offences-- 20 4 See the Regulatory Offences Act 1985.

 


 

s 26 33 s 28 Criminal Code (a) every offence that is neither a crime nor a regulatory offence; 1 (b) every criminal offence that is not a crime; 2 (c) every offence that may be prosecuted by a summary proceeding 3 under the Justices Act 1886, and is neither an indictable offence 4 nor a regulatory offence; 5 (d) every offence that is expressly declared under an Act to be a 6 simple offence. 7 offences are regulatory offences 8 What 26. An offence is a regulatory offence if it is expressly declared under an 9 Act to be a regulatory offence.5 10 offences 11 Indictable 27. The following offences are indictable offences-- 12 (a) every offence that may be prosecuted on indictment, whether or 13 not, in certain circumstances, a charge for the offence may be 14 prosecuted in a summary proceeding; 15 (b) every crime; 16 (c) every offence that is declared under an Act to be an indictable 17 offence. 18 of offence type to proceeding 19 Relationship 28.(1) A person who commits an indictable offence cannot be prosecuted 20 or convicted other than on indictment, unless an Act otherwise expressly 21 provides for prosecution by a summary proceeding. 22 (2) The following offences are offences for which a person may be 23 summarily convicted, sentenced and otherwise dealt with by a Magistrates 24 Court-- 25 (a) every simple offence; 26 5 See the Regulatory Offences Act 1985.

 


 

s 29 34 s 30 Criminal Code (b) every regulatory offence; 1 (c) every offence for which a summary proceeding under the Justices 2 Act 1886 may be taken. 3 (3) In an Act, a provision of the type mentioned in subsection (4) means 4 that a proceeding for an offence, or a specified offence, against the Act is a 5 summary proceeding under the Justices Act 1886. 6 (4) Subsection (3) applies to provisions of the following type-- 7 (a) a provision to the effect that a proceeding for the offence is to be 8 decided summarily; 9 (b) a provision to the effect that a proceeding for the offence is to be 10 decided by or before justices or a magistrate; 11 (c) a provision to the effect that the offence is a summary offence or 12 is punishable on summary conviction or summarily; 13 (d) a provision for an offence that does not expressly or impliedly 14 make the offence an indictable offence. 15 ART 5--PARTIES, ATTEMPTS, PREPARATION, 16 P CONSPIRACIES AND ACCESSORIES AFTER THE 17 FACT 18 Division 1--Parties 19 party taken to commit offence 20 Each 29. Each person who is a party to an offence is taken to commit the 21 offence. 22 are parties to an offence 23 Who 30.(1) A person is a party to an offence that is committed if the person-- 24 (a) actually does the act that is the offence; or 25

 


 

s 31 35 s 32 Criminal Code (b) does an act to enable or aid anyone to commit the offence; or 1 (c) aids anyone in committing the offence; or 2 (d) counsels or procures anyone to commit the offence. 3 (2) Under subsection (1)(d), the person may be charged with-- 4 (a) committing the offence; or 5 (b) counselling or procuring its commission. 6 (3) If a person procures anyone to do an act that would have been an 7 offence committed by the person had the person done the act, the person is 8 taken to have committed an offence of the same type as if the person had 9 done the act. 10 (4) Subsection (3) applies even if the person who actually does the act 11 does not commit an offence. 12 (5) A conviction for counselling or procuring the commission of an 13 offence has the same effect as a conviction for committing the offence. 14 committed in prosecution of common purpose 15 Offence 31.(1) If-- 16 (a) 2 or more persons form a common intention to prosecute an 17 unlawful purpose in conjunction with one another; and 18 (b) an offence is committed in the prosecution of the purpose; and 19 (c) the commission of an offence of that nature was a probable result 20 of the prosecution of the purpose; 21 each person is taken to be a party to the offence and to commit the offence. 22 (2) Subsection (1) applies despite section 50.6 23 taken to be counselled or procured 24 Offence 32.(1) If-- 25 (a) a person counsels or procures anyone to commit an offence; and 26 6 Section 50 (Intention--motive)

 


 

s 33 36 s 34 Criminal Code (b) an offence is actually committed by the other person after the 1 counselling or procuring; and 2 (c) the act that is the offence actually committed is a probable result 3 of the counselling or procuring; 4 the person is taken to have counselled or procured the commission of the 5 offence actually committed. 6 (2) It is immaterial-- 7 (a) whether the offence actually committed is the same as the offence 8 counselled or procured or a different one; or 9 (b) whether the offence actually committed is committed in the way 10 counselled or procured or in a different way. 11 of timely withdrawal 12 Effect 33. A person is not taken to have committed an offence, or to have 13 counselled or procured the commission of an offence, because of this 14 division, if, a reasonable time before the offence is committed, the person-- 15 (a) withdraws from the commission of the offence, the prosecution 16 of the unlawful purpose or the counselling or procuring; and 17 (b) communicates the withdrawal to the other parties; and 18 (c) takes all reasonable steps to stop the commission of the offence 19 or the further prosecution of the unlawful purpose. 20 2--Attempts and preparation to commit offences 21 Division is an attempt to commit an offence 22 What 34.(1) A person attempts to commit an offence if the person-- 23 (a) intending to commit the offence, does an act that is more than 24 merely preparatory to the commission of the offence; but 25 (b) does not fulfil the person's intention to the extent of committing 26 the offence. 27 (2) It is immaterial, other than for punishment-- 28

 


 

s 35 37 s 36 Criminal Code (a) whether the person does all that is necessary on the person's part 1 to commit the offence; or 2 (b) whether the fulfilment of the person's intention is stopped by 3 circumstances independent of the person's will; or 4 (c) whether the person voluntarily stops the attempt. 5 (3) It is immaterial that the offence is impossible to commit because of 6 circumstances unknown to the person. 7 (4) Subsection (1)(b) does not mean that a person cannot be convicted of 8 an offence of attempting to commit an offence because there is evidence the 9 person actually committed the offence. 10 (5) The same facts may be one offence and an attempt to commit another 11 offence. 12 to commit a crime is a crime 13 Attempt 35.(1) A person must not attempt to commit a crime. 14 Maximum penalty-- 15 (a) 14 years imprisonment, if the crime attempted has a maximum 16 penalty of life imprisonment; or 17 (b) 7 years imprisonment, if the crime attempted has a maximum 18 penalty of at least 14 years imprisonment, with or without other 19 punishment; or 20 (c) half the maximum penalty provided for committing the crime 21 attempted, in any other case. 22 23 Crime--attempt to commit a crime. (2) The penalty provided under subsection (1) is subject to any penalty 24 expressly provided for attempting to commit a particular crime. 25 to procure commission of criminal acts 26 Seeking 36.(1) This section applies if a person in Queensland seeks to procure 27 anyone to do an act in Queensland or elsewhere of a type that would be an 28 offence if the relevant act were done by either of the persons in the relevant 29 place. 30

 


 

s 37 38 s 37 Criminal Code (2) This section also applies if a person outside Queensland seeks to 1 procure anyone to do an act in Queensland of a type that would be an 2 offence if the relevant act were done by either of the persons in Queensland. 3 (3) The person is taken to commit an offence of the same type as the 4 person would have committed if the person had attempted to do the relevant 5 act in Queensland. 6 (4) However, if the relevant place is outside Queensland, the punishment 7 must not be more than the punishment to which the person would have 8 been liable under the law in force in the place if the attempt had happened in 9 the place. 10 (5) In this section-- 11 "relevant act" is the act that is to be done under a procurement sought. 12 "relevant place" is the place where the relevant act is to be done under a 13 procurement sought. 14 for the commission of certain crimes 15 Preparation 37. A person must not possess anything the person intends anyone to 16 use to facilitate the commission of a crime, in 1 or more of the following 17 ways-- 18 (a) to cause or threaten to cause injury to anyone; 19 (b) to cause or threaten to cause damage to any property; 20 (c) to enter premises, without the occupier's consent. 21 Maximum penalty--the lesser of the following-- 22 (a) 7 years imprisonment; 23 (b) the maximum penalty for attempting to commit the crime for 24 which the person intended the thing to be used. 25 26 Crime--criminal preparation.

 


 

s 38 39 s 41 Criminal Code 3--Conspiracies 1 Division is a "conspiracy" 2 What 38.(1) If, under an Act, it is an offence to conspire for a specific 3 purpose, it means that it is an offence for 2 or more persons to enter into an 4 agreement for the purpose. 5 (2) The agreement is a "conspiracy". 6 between criminal responsibility of co-conspirators 7 Relationship 39. A person may be convicted of a conspiracy even though the other 8 person claimed to be a party to the conspiracy-- 9 (a) cannot be convicted of the conspiracy or, if the conspiracy is to 10 commit an offence, the offence; or 11 (b) is not charged with the conspiracy; or 12 (c) cannot be identified; or 13 (d) has been acquitted of the conspiracy, unless in all the 14 circumstances the conviction of the person would be inconsistent 15 with the acquittal of the other person. 16 may conspire without knowing identity of co-conspirator 17 Person 40.(1) This section applies if a person conspiring with a second person 18 for a purpose knows the second person is also conspiring for the same 19 purpose with a third person. 20 (2) The first person commits the offence of conspiring for the purpose 21 with the second and third person, even if the first person does not know the 22 third person's identity. 23 by corporation 24 Conspiracy 41.(1) A corporation may be convicted of conspiracy. 25 (2) However, a conspiracy cannot exist-- 26 (a) between a corporation and-- 27

 


 

s 42 40 s 44 Criminal Code (i) a director of the corporation; or 1 (ii) anyone having responsibility for the corporation's control or 2 management; or 3 (b) between a corporation and a wholly-owned subsidiary of the 4 corporation. 5 can happen even if unlawful purpose impossible 6 Conspiracy 42. A person may be convicted of a conspiracy even though it was 7 impossible to carry out the purpose of the conspiracy at any time during the 8 conspiracy. 9 10 Application 43. Sections 38 to 427 apply to every offence of conspiracy under an Act. 11 to commit an offence 12 Conspiracy 44.(1) A person must not conspire with anyone to-- 13 (a) commit an offence in Queensland; or 14 (b) do an act outside Queensland that-- 15 (i) if done in Queensland, would be an offence; and 16 (ii) if done in the place where the act is to be done under the 17 conspiracy, would be an offence under the law in force in the 18 place. 19 Maximum penalty--the lesser of the following-- 20 (a) 7 years imprisonment; 21 (b) the maximum punishment for which the person would be liable if 22 the offence or act to be done under the conspiracy were actually 23 committed or done in Queensland. 24 25 Crime--conspiracy to commit the particular offence. 7 Section 38 (What is a "conspiracy") Section 42 (Conspiracy can happen even if unlawful purpose impossible)

 


 

s 45 41 s 46 Criminal Code (2) It is immaterial whether a particular circumstance in which, or a 1 particular person against whom, the offence or act is to be committed or 2 done is agreed to under the conspiracy. 3 4 Example-- 5 A conspiracy to commit the crime of fraud may be an agreement to commit the 6 crime against unknown members of the public who may accept deceptive offers 7 published under the conspiracy. (3) A person cannot be prosecuted for the crime without the 8 Attorney-General's consent. 9 disputes 10 Industrial 45.(1) Despite this division, if a person would not commit a particular 11 type of offence were the person to do an act acting alone, the person does 12 not commit the offence if the person, for an industrial dispute-- 13 (a) does the act with anyone; or 14 (b) enters an agreement or combines with anyone to do the act or to 15 procure the act to be done. 16 (2) This section applies subject to the express provisions of an Act to the 17 contrary. 18 4--Accessories after the fact 19 Division is an "accessory after the fact" to an offence 20 Who 46. If a person helps anyone who, to the person's knowledge, has 21 committed an offence, to enable the other person-- 22 (a) to escape punishment; or 23 (b) to obtain or keep property derived from the offence; 24 the person is an accessory after the fact to the offence. 25 26 Example of paragraph (b)-- 27 E, in the commission of the crime of extortion, demands that V deliver money 28 extorted to a particular place. V delivers the money to the place. Afterwards, E asks 29 A to collect the money and give it to E. A does what E requests knowing it is being

 


 

s 47 42 s 48 Criminal Code 1 done to enable E to obtain money derived from an offence. A is an accessory after 2 the fact to the crime of extortion. an accessory after the fact 3 Becoming 47. A person must not become an accessory after the fact to a crime. 4 Maximum penalty-- 5 (a) if a maximum penalty is specifically prescribed for being an 6 accessory after the fact to the crime--the penalty; or 7 (b) 2 years imprisonment, in any other case. 8 9 Crime--becoming an accessory after the fact to the particular crime. ART 6--RESPONSIBILITY 10 P Division 1--State of mind, emergency and immaturity 11 of the law 12 Ignorance 48.(1) Ignorance of the law does not excuse a person from criminal 13 responsibility for an act that would otherwise be an offence, unless the 14 person's knowledge of the law is expressly declared to be an element of the 15 offence. 16 (2) However, a person is not criminally responsible for an act that would 17 otherwise be a property offence if the person does the act in the exercise of 18 an honest claim of right made in an honest way. 19 (3) To raise the claim of right, it is unnecessary when the act is done to 20 formally state the claim or the basis of the claim. 21 (4) A person is not criminally responsible for doing an act or in 22 contravention of a statutory instrument if, at the time of the act, the statutory 23 instrument-- 24 (a) was not known to the person; and 25 (b) had not been published or otherwise made reasonably available or 26

 


 

s 49 43 s 50 Criminal Code known to the public or the persons likely to be affected by it. 1 (5) In this section-- 2 "ignorance" includes mistake. 3 "property offence" means an offence that has as an element-- 4 (a) causing anyone else to part with property; or 5 (b) infringing anyone else's rights over or in relation to property. 6 "publish" means-- 7 (a) for subordinate legislation--notify or publish in the Gazette; or 8 (b) for a statutory instrument that is not subordinate 9 legislation--publish in the Gazette. 10 of fact 11 Mistake 49. If a person does an act under an honest and reasonable, but mistaken, 12 belief in the existence of a state of things, the person is not criminally 13 responsible for the act to a greater extent than if the believed state of things 14 were the actual state of things. 15 16 Intention--motive 50.(1) A person is not criminally responsible for an act that happens 17 independently of the exercise of the person's will, or for an event that 18 happens by accident. 19 (2) An event caused by the application of force by a person to anyone 20 does not happen by accident because the person to whom the force is 21 applied has a weakness, defect or abnormality unknown to the person using 22 the force. 23 (3) Subsection (1) applies subject to the Code's provisions about 24 negligent acts. 25 (4) The result intended to be caused by an act is immaterial to the 26 person's criminal responsibility, unless the intention to cause a particular 27 result is expressly declared to be an element of the offence constituted, 28 completely or partly, by the act. 29

 


 

s 51 44 s 52 Criminal Code (5) The motive that induces a person to do an act, or to form an intention, 1 is immaterial to the person's criminal responsibility, unless otherwise 2 expressly declared under an Act. 3 4 Intoxication 51.(1) A person's act does not happen independently of the person's 5 will, and an event caused by a person does not happen by accident, because 6 the person was intoxicated at the time of the act. 7 (2) However, subsection (1) does not apply if the intoxication was 8 caused by an act that happened independently of the person's will or was an 9 event that happened by accident. 10 (3) Also, if a specific state of mind or an intention to cause a specific 11 result is an element of an offence, a person's intentional or unintentional 12 intoxication may be considered to decide whether the person had the state of 13 mind or intention. 14 (4) In this section-- 15 "intoxicated" means intoxicated, completely or partially, by alcohol, drugs, 16 or anything else. 17 nsoundness of mind 18 U 52.(1) A person is not criminally responsible for an act if at the time of 19 the act the person, because of brain injury, mental illness or mental defect, 20 does not have the capacity-- 21 (a) to understand what the person is doing; or 22 (b) to control the person's actions; or 23 (c) to know that the person ought not do the act. 24 (2) A person-- 25 (a) whose mind is affected by a delusion on a specific matter when 26 the person does an act; but 27 (b) who is not otherwise entitled to the benefit of subsection (1); 28 is criminally responsible for the act to the same extent as if the actual state 29 of things had been the state of things the person was induced by the 30

 


 

s 53 45 s 54 Criminal Code delusion to believe to exist. 1 (3) In a proceeding against a person for an offence, the following 2 provisions apply-- 3 (a) the person is presumed to have been of sound mind when doing 4 the act that was the offence (the "relevant time"), unless the 5 contrary is proved; 6 (b) the person or the prosecution may seek a finding that the person 7 was not of sound mind at the relevant time; 8 (c) if a party seeks the finding-- 9 (i) the onus of proof is on the party seeking the finding; and 10 (ii) the standard of proof is on the balance of probabilities. 11 (4) In this section-- 12 "brain injury, mental illness or mental defect" does not include 13 intoxication or stupefaction from alcohol, drugs, intoxicating liquor, or 14 another intoxicating or stupefying substance. 15 emergencies 16 Extraordinary 53.(1) A person is not criminally responsible for doing an act because of 17 a sudden or extraordinary emergency in which an ordinary person 18 possessing ordinary power of self-control could not reasonably be expected 19 to act otherwise. 20 (2) Subsection (1) applies subject to the Code's provisions about acts 21 done on compulsion or provocation or in self-defence. 22 age 23 Immature 54.(1) A person under 10 years is not criminally responsible for an act. 24 (2) A person under 15 years is not criminally responsible for doing an 25 act, unless it is proved that when doing the act the person had capacity to 26 know the person ought not to do the act. 27

 


 

s 55 46 s 58 Criminal Code offences 1 Regulatory 55. The following sections do not apply to regulatory offences-- 2 section 49 3 section 50(1).8 4 Division 2--Law enforcement and legal process 5 officers 6 Judicial 56. A judicial officer is not criminally responsible for doing an act when 7 exercising or purportedly exercising judicial functions, unless an Act 8 expressly imposes criminal responsibility on a judicial officer in those 9 circumstances. 10 done under lawful authority 11 Actions 57.(1) A person is not criminally responsible for doing an act in the 12 execution of the law. 13 (2) A person is not criminally responsible for doing an act under the 14 order of an authority the person is required by law to obey, unless the order 15 is manifestly unlawful. 16 (3) The issue of whether an order is or is not manifestly unlawful is an 17 issue of law. 18 (4) Subsections (1) and (2) do not justify or excuse the use of force 19 against anyone that is intended or likely to cause death or grievous bodily 20 harm. 21 effect to legal process 22 Giving 58.(1) If a person is charged by law with a duty to give effect to legal 23 process issued by a court or person, the person may give effect to the legal 24 process. 25 8 Section 49 (Mistake of fact) Section 50 (Intention--motive)

 


 

s 58 47 s 58 Criminal Code (2) If the legal process permits the person to arrest or detain someone, 1 the person may arrest or detain the other person under the process. 2 (3) It is immaterial that the legal process was issued without jurisdiction 3 if-- 4 (a) the court or person that issued the process had jurisdiction to 5 issue the process under certain circumstances; and 6 (b) the person giving effect to the process does not know there was 7 no jurisdiction in the particular case. 8 (4) A person is not criminally responsible for doing an act to give effect 9 to anything purporting to be legal process issued by a court or person, but 10 that in fact was not lawfully issued, if the person-- 11 (a) could lawfully have done the act had the process been lawfully 12 issued; and 13 (b) did the act in the honest belief that the process was lawfully 14 issued. 15 (5) If a legal process issued by a court or person is ineffective because of 16 a defect in substance or form apparent on its face, a person who gives effect 17 to the process in the honest belief it is effective is not criminally responsible 18 for giving effect to the process to a greater extent than if the process were 19 effective. 20 (6) The protection given to a person giving effect to legal process, or 21 anything purporting to be legal process, also applies to anyone helping the 22 person. 23 (7) In this section-- 24 "legal process" issued by a court or person means-- 25 (a) a sentence passed by a court or other court process; or 26 (b) a warrant issued by a court or person permitting anyone to be 27 arrested or detained. 28 "under" legal process includes in accordance with the terms of, or 29 directions given for, the legal process. 30

 


 

s 59 48 s 61 Criminal Code of wrong person 1 Arrest 59.(1) If a person authorised to execute a warrant to arrest a person (the 2 "named person"), arrests anyone else in the honest and reasonable, but 3 mistaken, belief that the arrested person is the named person, the person 4 making the arrest is not criminally responsible for the arrest to a greater 5 extent than if the arrested person were the named person. 6 (2) If a person-- 7 (a) lawfully helps in making the arrest believing the person arrested 8 is the named person; or 9 (b) being permitted by the warrant to receive and detain the named 10 person, receives and detains the arrested person; 11 the person is not criminally responsible for helping or receiving and 12 detaining the arrested person to a greater extent than if the arrested person 13 were the named person. 14 used in executing sentence, process or any arrest 15 Force 60. If a person is-- 16 (a) lawfully executing a sentence, process, or warrant; or 17 (b) making any arrest; or 18 (c) lawfully helping anyone in the execution or arrest; 19 the person may use reasonable force against force used to resist the 20 execution or arrest. 21 escape from arrest 22 Stopping 61.(1) If-- 23 (a) a person is lawfully arresting anyone; and 24 (b) the other person tries to escape arrest, or appears to be about to try 25 to escape arrest; 26 the person may use reasonable force to stop the escape. 27 (2) However, the force used must not be intended or likely to cause death 28 or grievous bodily harm. 29

 


 

s 62 49 s 65 Criminal Code escape or rescue after arrest 1 Stopping 62.(1) If a person has lawfully arrested anyone for an offence, the person 2 may use reasonable force to stop the escape or rescue of the arrested person. 3 (2) However, the force used must not be intended or likely to cause death 4 or grievous bodily harm if the offence is not a crime for which the offender 5 is liable to life imprisonment. 6 a breach of the peace 7 Stopping 63.(1) A person present at a breach of the peace may-- 8 (a) intervene to stop the breach or renewal of the breach; and 9 (b) for the intervention, use force that is-- 10 (i) reasonable; and 11 (ii) reasonably proportioned to the danger likely to be 12 apprehended from the continuance or renewal; and 13 (c) detain anyone committing, or about to join in or renew the breach. 14 (2) A person detained under subsection (1)(c) must be placed in a police 15 officer's custody as soon as practicable. 16 (3) The police officer must release the person unconditionally as soon as 17 practicable after being satisfied that the detention of the person in custody is 18 no longer necessary to stop a breach of the peace. 19 offences for which a person may be arrested without 20 Stopping warrant 21 64.(1) This section applies to an offence for which an offender may be 22 arrested without warrant. 23 (2) A person may use reasonable force to stop an act the person 24 reasonably believes is the offence. 25 violence by person of unsound mind 26 Stopping 65. A person may use reasonable force to stop anyone whom the person 27

 


 

s 66 50 s 67 Criminal Code reasonably believes to be of unsound mind doing violence to anyone or to 1 property. 2 suicide 3 Stopping 66. If a person reasonably believes that anyone is attempting, or about, to 4 commit suicide, the person may use reasonable force to stop the suicide. 5 3--Personal safety and provoked force 6 Division ompulsion and duress 7 C 67.(1) A person (the "first person") is not criminally responsible for 8 doing an act if-- 9 (a) the act is done to save the first person or anyone else from 10 immediate death or grievous bodily harm threatened by someone 11 else able to carry out the threat; and 12 (b) the first person reasonably believes the first person cannot, other 13 than by the act, prevent the death or grievous bodily harm. 14 (2) A person (also the "first person") is not criminally responsible for 15 doing an act to resist actual and unlawful violence threatened to the first 16 person, or to anyone in the first person's presence, if the act is reasonable. 17 (3) However, subsections (1) and (2) do not justify or excuse the first 18 person doing an act-- 19 (a) that is intended or likely to cause anyone's death or grievous 20 bodily harm to anyone; or 21 (b) because of a threat to the first person that is the probable result of 22 the first person entering into an unlawful association or 23 conspiracy; or 24 (c) because of a threat to anyone other than the first person that is the 25 probable result of the first person and the threatened person 26 having entered into an unlawful association or conspiracy. 27

 


 

s 68 51 s 71 Criminal Code 1 Self-defence 68. A person may use reasonable force in self-defence. 2 of someone else 3 Defence 69. If a person may use an amount of force in self-defence, anyone 4 helping the person in good faith may use the same amount of force to 5 defend the person. 6 of provocation 7 Defence 70.(1) This section only applies to an offence of which assault is an 8 element. 9 (2) A person is not criminally responsible for an assault committed on 10 anyone who gives the person provocation for the assault if-- 11 (a) the person-- 12 (i) is deprived of the power of self-control by the provocation; 13 and 14 (ii) acts on the provocation suddenly before there is time for the 15 person to regain self-control; and 16 (b) the force used is-- 17 (i) proportionate to the provocation; and 18 (ii) not intended or likely to cause death or grievous bodily 19 harm. 20 of repetition of provocation 21 Prevention 71.(1) A person may use reasonable force to stop anyone repeating an act 22 that is provocation to the person for an assault. 23 (2) However, the force used must not be intended or likely to cause death 24 or grievous bodily harm. 25

 


 

s 72 52 s 74 Criminal Code protection for property damage while defending or protecting 1 General person 2 72. A person is not criminally responsible for using reasonable force 3 consisting of damage to property to defend or protect anyone from injury 4 that the person reasonably believes to be imminent. 5 4--Property defence and enforced claims 6 Division of premises against crime 7 Defence 73.(1) This section applies if a person-- 8 (a) is in peaceable possession of premises; and 9 (b) reasonably believes that anyone is attempting to enter the 10 premises, or is remaining in the premises, with intent to commit a 11 crime. 12 (2) The person, and a person lawfully helping the person, may use 13 reasonable force to stop the other person entering the premises, or to 14 remove the other person from the premises. 15 of place against trespassers or under claim of right 16 Defence 74.(1) If a person is in peaceable possession of a place, or has the right to 17 control or manage a place, the person may use reasonable force-- 18 (a) to stop anyone wrongfully entering the place; or 19 (b) to remove from the place anyone who wrongfully remains in the 20 place. 21 (2) If a person is in peaceable possession of a place under an honest and 22 reasonable claim of right, the person may use reasonable force to defend the 23 person's possession, even against someone who has the right to possess the 24 place. 25 (3) If-- 26 (a) a person is in peaceable possession of a place (the "occupier"); 27 and 28 (b) someone who has the right to enter a place to exercise a relevant 29

 


 

s 75 53 s 76 Criminal Code right (the "claimant")-- 1 (i) enters the place to exercise the right after receiving notice that 2 the claimant's right is disputed by the occupier; or 3 (ii) having entered the place persists in remaining after receiving 4 the notice; 5 the occupier may use reasonable force to stop the entry or remove the 6 claimant. 7 (4) However, force used under subsection (1), (2) or (3) must not be 8 intended or likely to cause death or grievous bodily harm. 9 (5) In this section-- 10 "relevant right" means a right of way, other easement or profit. 11 of moveable property against trespassers or acting under 12 Defence claim of right 13 75.(1) If a person is in peaceable possession of moveable property, the 14 person may use reasonable force to stop a trespasser taking the property, or 15 to retake it from a trespasser. 16 (2) If a person is in peaceable possession of moveable property under an 17 honest and reasonable claim of right, the person may use reasonable force 18 to defend the person's possession, even against anyone who has the right to 19 possess the property. 20 (3) However, force used under subsection (1) or (2) must not be 21 intended or likely to cause death or grievous bodily harm. 22 taking of moveable property from person who has no claim 23 Forcible of right 24 76.(1) If-- 25 (a) a person who has the right to possess moveable property attempts 26 to take it from the property's possessor who-- 27 (i) does not claim a right to possess it; and 28 (ii) is not acting under the authority of a person who claims the 29 right to possess it; and 30

 


 

s 77 54 s 80 Criminal Code (b) the possessor resists the taking; 1 the person who has the right to possess it may use reasonable force to take 2 possession of the property. 3 (2) However, the force used must not be intended or likely to cause death 4 or grievous bodily harm. 5 protection for property damage while defending or protecting 6 General property 7 77. A person is not criminally responsible for using reasonable force 8 consisting of damage to property to defend or protect any property from 9 damage the person reasonably believes to be imminent. 10 to persons acting under authority 11 Extension 78. If a person who is in peaceable possession of a place or property may 12 use particular force under this division, anyone acting under the person's 13 authority may use the same force. 14 5--Orderly control 15 Division of disorderly person 16 Removal 79.(1) A person who is in peaceable possession of, or has the right to 17 control or manage, a place, and anyone acting under the person's authority, 18 may use reasonable force to remove anyone behaving in a disorderly way 19 from the place. 20 (2) However, the force used must not be intended or likely to cause death 21 or grievous bodily harm. 22 control of vehicle 23 Orderly 80. A person in charge of a vehicle, and anyone acting under the person's 24 authority may use reasonable force to ensure safety by keeping good order 25 and discipline in the vehicle. 26

 


 

s 81 55 s 83 Criminal Code discipline 1 Domestic 81. A parent, a person in the place of a parent or a teacher may use 2 reasonable correctional force towards a child in the person's charge. 3 6--Surgical operations and medical treatment 4 Division operations and medical treatment 5 Surgical 82.(1) A person is not criminally responsible for performing or 6 providing, in good faith and with reasonable care and skill, a surgical 7 operation on, or medical treatment of-- 8 (a) a person for the patient's benefit; or 9 (b) an unborn child to preserve the mother's life; 10 if performing the operation or providing the medical treatment is 11 reasonable, having regard to the patient's state at the time and all the 12 circumstances. 13 (2) Surgical or medical treatment to sterilise a patient, performed with the 14 patient's consent, is taken to be for the patient's benefit. 15 (3) In this section-- 16 "medical treatment" includes pain relief. 17 "providing medical treatment" includes withdrawing medical treatment. 18 Division 7--Objective concept of reasonable force, act or belief 19 meaning of "reasonable" in certain circumstances 20 Objective 83.(1) This section applies to a provision of an Act under which a 21 person-- 22 (a) may use, or is not criminally responsible for using, reasonable 23 force; or 24 (b) may do an act, or is not criminally responsible for doing an act, if 25 the act is reasonable; or 26

 


 

s 84 56 s 84 Criminal Code (c) may do an act, or is not criminally responsible for doing an act, if 1 the person has a specific reasonable suspicion or belief. 2 (2) The force is reasonable if, in all the circumstances-- 3 (a) it is reasonable to use some force; and 4 (b) the amount of force used is reasonable. 5 (3) The act is reasonable if it is reasonable in all the circumstances. 6 (4) The suspicion or belief is reasonable if it is reasonable in all the 7 circumstances. 8 Division 8--Provocation and the ordinary person 9 of "provocation" 10 Meaning 84.(1) "Provocation" is an act of a nature likely to deprive an ordinary 11 person of the power of self-control (the "provoking" act) and to induce the 12 ordinary person to do an act (the "provoked" act) to whoever it was who 13 did the provoking act, if the provoking act were done-- 14 (a) to the ordinary person; or 15 (b) in the ordinary person's presence to anyone else. 16 (2) If a person (the "first person") does the provoking act to a second 17 person, or in the second person's presence to anyone else, the first person 18 gives the second person provocation for the provoked act. 19 (3) An act a person does because of incitement given by anyone to 20 induce the person to do the act, and therefore to give an excuse for a 21 provoked act, is not provocation to the other person for an act. 22 (4) An unlawful arrest is not necessarily provocation, but may be 23 provocation if the arrested person knows or reasonably believes the arrest is 24 unlawful. 25 (5) A lawful act is not provocation for an act. 26 (6) The provoking act can be an insult or spoken words, even if the insult 27 or words are lawful. 28

 


 

s 85 57 s 87 Criminal Code of the ordinary person 1 Characteristics 85.(1) This section applies for-- 2 (a) this division; and 3 (b) any other provision of the Code under which the criminal 4 responsibility of a person for doing an act in particular 5 circumstances is decided by comparison with the conduct of an 6 ordinary person in those circumstances. 7 (2) The characteristics of the person that are included in the characteristics 8 of the ordinary person are not limited to the person's age. 9 (3) The characteristics of the person included in the characteristics of the 10 ordinary person include, for example, a person's race, ethnic background 11 and gender. 12 PART 7--GENERAL DUTIES 13 of duties imposed by this part 14 Effect 86.(1) This part imposes duties, but does not create offences. 15 (2) If a person contravenes a duty imposed on the person by this part, the 16 person is taken to cause any effect that the contravention of the duty has on 17 the life, health or safety of anyone for whom the duty is imposed. 18 (3) A person is not criminally responsible for an act because of the 19 person's contravention of a duty imposed by this part unless the act 20 amounts to gross negligence. 21 to provide necessaries 22 Duty 87.(1) A person in charge of anyone who cannot provide himself or 23 herself with the necessaries of life must provide the necessaries of life to the 24 other person. 25 (2) A person is in charge of anyone if the other person cannot withdraw 26 from the charge for any reason, including, for example, age, sickness, 27

 


 

s 88 58 s 90 Criminal Code unsoundness of mind or lawful or unlawful detention. 1 (3) It is immaterial how the other person came to be in the charge of the 2 person on whom the duty is imposed. 3 of parent 4 Duty 88.(1) A parent of a child under 16 years must-- 5 (a) provide the necessaries of life to the child; and 6 (b) use reasonable care and take reasonable precautions to avoid or 7 prevent danger to the child's life, health or safety; and 8 (c) take all reasonable action to rescue the child from danger to the 9 child's life, health or safety. 10 (2) It is immaterial how the child came to be in the parent's charge. 11 (3) A person is not in charge of a child only because the person has 12 access to a child under a court order. 13 (4) In this section-- 14 "parent", of a child, means a parent, foster parent, guardian or other adult 15 in charge of the child. 16 of child's employer 17 Duty 89. If an employer is required to provide any necessaries of life to an 18 employee who is a child under 16 years under the child's employment 19 conditions, the employer must provide the necessaries of life to the child. 20 of person doing dangerous act under an undertaking 21 Duty 90. Other than in a case of necessity, a person who undertakes to do a 22 lawful act that is or may be dangerous to anyone's life or health, including 23 for example, surgical or medical treatment, must have reasonable skill and 24 use reasonable care in doing the act. 25

 


 

s 91 59 s 93 Criminal Code of person omitting to do an act undertaken to be done 1 Duty 91. If a person undertakes to do an act and the omission to do the act is 2 or may be dangerous to anyone's life, health or safety, the person must do 3 the act. 4 of persons in charge of dangerous things 5 Duty 92.(1) If a person is in charge of a dangerous thing, the person must use 6 reasonable care and take reasonable precautions in its use or management to 7 avoid danger to anyone else's life, health or safety. 8 (2) Something is dangerous if it is a type of thing that would endanger 9 anyone else's life, safety or health if care or precaution is not taken in its use 10 or management. 11 12 Example-- 13 A vehicle, club, pencil, person's fist. (3) In this section-- 14 "thing" includes anything living or inanimate, moving or stationary. 15 PART 8--DEFENCES 16 and standard of proof for defence 17 Onus 93. If an Act provides that, in a proceeding against a person for an 18 offence, it is a defence to prove a fact-- 19 (a) the onus of proof is on the person to prove the fact; and 20 (b) the standard of proof is on the balance of probabilities. 21

 


 

s 94 60 s 95 Criminal Code CHAPTER 2--PERSONAL OFFENCES 1 PART 1--HOMICIDE AND ASSOCIATED OFFENCES 2 Division 1--Unlawful killing 3 is "murder" 4 What 94. A person murders anyone if the person unlawfully kills the other 5 person and the person-- 6 (a) intends to kill anyone; or 7 (b) intends to do grievous bodily harm, or transmit a serious disease, 8 to anyone; or 9 (c) causes the death by an act-- 10 (i) done in the prosecution of an unlawful purpose; and 11 (ii) of a nature likely to endanger human life; or 12 (d) causes the death by administering a stupefying or overpowering 13 thing to commit a crime; or 14 (e) causes the death by wilfully stopping the other person's breath to 15 commit a crime. 16 17 Murder 95.(1) A person must not murder anyone. 18 Mandatory penalty-- 19 (a) life imprisonment; or 20 (b) an indefinite sentence. 21 22 Crime--murder. (2) For the mandatory penalty, paragraph (a), the penalty of life 23 imprisonment can not be mitigated or varied under the Code or another Act. 24 (3) For the mandatory penalty, paragraph (b), the nominal sentence under 25

 


 

s 96 61 s 99 Criminal Code the Penalties and Sentences Act 1992, part 10, must be life imprisonment. 1 (4) In this section-- 2 "indefinite sentence" means an indefinite sentence under the Penalties and 3 Sentences Act 1992, part 10. 4 "mandatory penalty", for the crime of murder, means the penalty that 5 must be imposed on conviction for the crime. 6 7 Manslaughter 96. A person must not unlawfully kill anyone. 8 Maximum penalty--life imprisonment. 9 10 Crime--unlawful killing. 2--Matters related to unlawful killing 11 Division of "kill" 12 Meaning 97. A person who in any way causes anyone's death is taken to kill the 13 other person. 14 a child becomes a person capable of being killed 15 When 98.(1) A child becomes a person capable of being killed when it has 16 completely proceeded in a living state from the body of its mother. 17 (2) It is immaterial whether or not-- 18 (a) the child has breathed or has an independent circulation; or 19 (b) the umbilical cord is severed. 20 causing death because of later treatment 21 Injuries 99. If-- 22 (a) a person does grievous bodily harm to anyone; and 23 (b) the other person receives surgical or medical treatment that is 24

 


 

s 100 62 s 103 Criminal Code reasonably appropriate in all the circumstances and applied in 1 good faith; and 2 (c) death results from the treatment; 3 the person is taken to kill the other person. 4 by acts done before or during childbirth 5 Death 100. If a child dies because of an act done by a person before or during 6 the child's birth, the person is taken to kill the child. 7 to death immaterial 8 Consent 101. Consent by a person to the causing of the person's own death does 9 not affect the criminal responsibility of a person who causes the death. 10 on provocation 11 Killing 102.(1) This section applies if a person unlawfully kills anyone in 12 circumstances that would be murder, if this section did not apply.9 13 (2) The person is guilty only of unlawful killing10 if the person-- 14 (a) is deprived of the power of self-control by provocation; and 15 (b) does the act that causes death suddenly, before there is time for 16 the person to regain self-control. 17 responsibility 18 Diminished 103.(1) This section applies if a person unlawfully kills anyone in 19 circumstances that would be murder, if this section did not apply.11 20 (2) The person is guilty only of unlawful killing 12 if, while doing the act 21 that causes death-- 22 9 See section 94 (What is "murder"). 10 See section 96 (Manslaughter). 11 See section 94 (What is "murder"). 12 See section 96 (Manslaughter).

 


 

s 104 63 s 104 Criminal Code (a) the person is in a state of mental abnormality because of brain 1 injury, mental illness, mental defect or intellectual or psychiatric 2 impairment; and 3 (b) the state of mental abnormality substantially impairs the 4 persons's capacity-- 5 (i) to understand what the person is doing; or 6 (ii) to control the person's actions; or 7 (iii) to know the person ought not to do the act. 8 (3) In a proceeding against a person for a charge of murder the following 9 provisions apply-- 10 (a) the person or the prosecution may seek a finding that the person 11 is liable to be convicted only of unlawful killing because of this 12 section; 13 (b) if a party seeks the finding-- 14 (i) the onus of proof is on the party seeking the finding; and 15 (ii) the standard of proof is on the balance of probabilities. 16 (4) If 2 or more persons unlawfully kill anyone, the fact that 1 of the 17 persons is guilty only of unlawful killing because of this section does not 18 affect the issue whether the unlawful killing amounted to murder for anyone 19 else. 20 (5) In this section-- 21 "brain injury, mental illness, mental defect or intellectual or 22 psychiatric impairment" does not include intoxication or stupefaction 23 from alcohol, drugs or another intoxicating or stupefying substance. 24 3--Associated offences 25 Division to murder 26 Attempt 104. A person must not-- 27 (a) attempt to unlawfully kill anyone; or 28 (b) with intent to unlawfully kill anyone-- 29

 


 

s 105 64 s 107 Criminal Code (i) do an act of a nature likely to endanger human life; or 1 (ii) omit to do an act that it is the person's duty to do, if the 2 omission is of a nature likely to endanger human life. 3 Maximum penalty--life imprisonment. 4 5 Crime--attempted murder. after the fact to murder 6 Accessory 105. A person must not become an accessory after the fact to murder.13 7 Maximum penalty--life imprisonment. 8 9 Crime--becoming an accessory after the fact to murder. threats to murder 10 Documented 106. A person must not unlawfully cause anyone else to receive a 11 document14 that the person knows contains a threat to kill anyone. 12 Maximum penalty--7 years imprisonment. 13 14 Crime--giving a threat to murder. to murder 15 Conspiring 107.(1) A person must not conspire with anyone to kill a person. 16 Maximum penalty--14 years imprisonment. 17 18 Crime--conspiring to murder. 13 See sections 46 (Who is an "accessory after the fact" to an offence) and 94 (What is "murder"). 14 Under the Acts Interpretation Act 1954, section 36, "document" includes-- (a) any paper or other material on which there is writing; and (b) any paper or other material on which there are marks, figures, symbols or perforations having a meaning for a person qualified to interpret them; and (c) any disc, tape or other article or any material from which sounds, images, writings or messages are capable of being produced or reproduced (with or without the aid of another article or device).

 


 

s 108 65 s 110 Criminal Code (2) It is immaterial whether the person to be killed is to be killed in 1 Queensland or elsewhere. 2 suicide 3 Aiding 108. A person must not-- 4 (a) procure anyone to commit suicide; or 5 (b) induce anyone to commit suicide by counselling the other person 6 to commit suicide; or 7 (c) aid anyone to commit suicide. 8 Maximum penalty--life imprisonment. 9 10 Crime--aiding suicide. an unborn child 11 Killing 109. When a female person is about to give birth to a child, a person 12 must not stop the child from being born alive by an act of a nature that, if 13 the child had been born alive and had then died, the person would be taken 14 to have unlawfully killed the child. 15 Maximum penalty--life imprisonment. 16 17 Crime--killing an unborn child. the birth of a child 18 Hiding 110.(1) A person must not try to hide the birth of a child by secretly 19 disposing of the child's dead body. 20 Maximum penalty--2 years imprisonment. 21 22 Crime--trying to hide a child's birth. (2) It is immaterial whether the child died before, during or after its birth. 23

 


 

s 111 66 s 113 Criminal Code PART 2--GRIEVOUS BODILY HARM AND ASSAULT 1 1--Grievous bodily harm 2 Division bodily harm 3 Grievous 111. A person must not unlawfully do grievous bodily harm to anyone 4 else. 5 Maximum penalty--14 years imprisonment. 6 7 Crime--unlawful grievous bodily harm. to grievous bodily harm immaterial 8 Consent 112. A person who does grievous bodily harm to anyone is not excused 9 from criminal responsibility merely because the other person consents to 10 the grievous bodily harm. 11 Division 2--Assault generally 12 is an "assault" 13 What 113.(1) A person assaults anyone if, without the other person's 14 consent-- 15 (a) the person applies force to the other person; or 16 (b) the person-- 17 (i) by a bodily act or gesture, attempts or threatens to apply 18 force to the other person; and 19 (ii) is able, or appears to be able, to apply the force. 20 (2) A person applies force to anyone if the person, directly or 21 indirectly-- 22 (a) strikes, touches or moves the other person; or 23 (b) applies heat, light, electrical or other energy, gas or odour to the 24 other person to a degree that causes the other person injury or 25

 


 

s 114 67 s 114 Criminal Code personal discomfort; or 1 (c) applies force in any other way to the other person. 2 ssault 3 A 114.(1) A person must not unlawfully assault anyone. 4 Maximum penalty-- 5 (a) 7 years imprisonment, if-- 6 (i) the assault is committed with intent to commit a crime; or 7 (ii) the person knows the other person is pregnant; or 8 (iii) the other person is under 16 years or at least 60 years; or 9 (iv) the other person relies on a guide dog, wheelchair or other 10 remedial device; or 11 12 Examples of remedial device-- 13 walking frame, caliper, walking stick and artificial limb. (v) the other person is operating a vehicle; or 14 (vi) the assault is committed on the other person while the other 15 person is performing, or because the other person has 16 performed, a lawful duty; or 17 (vii) the person does bodily harm to the other person and is, or 18 pretends to be, armed with a dangerous or offensive weapon 19 or instrument; or 20 (viii)the person does bodily harm to the other person and is in 21 company with anyone; or 22 (b) 3 years imprisonment, if the person does bodily harm to the other 23 person; or 24 (c) imprisonment for 1 year, in any other case. 25 26 Crime-- 27 (a) assault-- 28 (i) with intent; 29 (ii) of a pregnant female;

 


 

s 115 68 s 115 Criminal Code 1 (iii) of a person under 16 or at least 60; 2 (iv) of a person with an impairment; 3 (v) of a person operating a vehicle; 4 (vi) of a person performing a lawful duty; 5 (vii) with bodily harm and while armed; 6 (viii)with bodily harm and in company; 7 (b) assault with bodily harm; 8 (c) assault. (2) For this section, a person is performing a lawful duty if-- 9 (a) the person is a public officer performing a function of the 10 officer's office or employment; or 11 (b) the person is performing a duty imposed by law; or 12 (c) the person is helping a public officer or other person in the 13 circumstances mentioned in paragraph (a) or (b). 14 of crew member in aircraft 15 Assault 115.(1) A person must not, while in an aircraft and with guilty intent-- 16 (a) unlawfully assault a crew member of the aircraft; or 17 (b) threaten a crew member that detriment will be caused to the 18 member, or anyone else in the aircraft, by the person or anyone 19 else. 20 Maximum penalty--14 years imprisonment. 21 22 Crime--assaulting or threatening a crew member in an aircraft. (2) In this section-- 23 "guilty intent" means intent to-- 24 (a) affect the performance, by a crew member of an aircraft, of the 25 member's functions connected with the aircraft's operation; or 26 (b) lessen the member's ability to perform the functions. 27

 


 

s 116 69 s 117 Criminal Code 3--Rape and other sexual assaults 1 Division 2 Rape 116. A person must not have sexual intercourse with anyone without the 3 other person's consent. 4 Maximum penalty--life imprisonment. 5 6 Crime--rape. assault 7 Sexual 117. A person must not unlawfully and indecently assault anyone. 8 Maximum penalty-- 9 (a) life imprisonment, if the person-- 10 (i) inserts a part of the person's body, other than the penis, or 11 inserts anything else into the other person's vagina, vulva or 12 anus; or 13 (ii) inserts the person's penis into the other person's mouth; or 14 (b) 14 years imprisonment, if-- 15 (i) immediately before, when or immediately after committing 16 the offence, the person-- 17 (A) does, or threatens to do, bodily harm to anyone; or 18 (B) is, or pretends to be, armed with a dangerous or 19 offensive weapon or instrument; or 20 (C) is in company with anyone; or 21 (ii) the other person is under 16 years or at least 60 years; or 22 (iii) the other person relies on a guide dog, wheelchair or other 23 remedial device; or 24 25 Examples of remedial device-- 26 walking frame, caliper, walking stick and artificial limb. (c) 7 years imprisonment, in any other case. 27 28 Crime--

 


 

s 118 70 s 118 Criminal Code 1 (a) indecent assault--grievous sexual assault; 2 (b) indecent assault--aggravated sexual assault; 3 (c) indecent assault. act of gross indecency 4 Procuring 118.(1) A person must not procure anyone, without the other person's 5 consent-- 6 (a) to commit an act of gross indecency; or 7 (b) to witness an act of gross indecency. 8 Maximum penalty-- 9 (a) life imprisonment, if the other person is procured to-- 10 (i) insert part of the other person's body, or anything else, into 11 the other person's own vagina, vulva or anus or anyone 12 else's vagina, vulva or anus; or 13 (ii) insert the other person's penis into anyone's mouth; or 14 (b) 14 years imprisonment, if-- 15 (i) immediately before, when or immediately after committing 16 the offence, the person-- 17 (A) does, or threatens to do, bodily harm to anyone; or 18 (B) is, or pretends to be, armed with a dangerous or 19 offensive weapon or instrument; or 20 (C) is in company with anyone; or 21 (ii) the other person is under 16 years or at least 60 years; or 22 (iii) the other person relies on a guide dog, wheelchair or other 23 remedial device; or 24 25 Examples of remedial device-- 26 walking frame, caliper, walking stick and artificial limb. (c) 7 years imprisonment, in any other case. 27 28 Crime-- 29 (a) procuring a serious act of gross indecency;

 


 

s 119 71 s 120 Criminal Code 1 (b) procuring an act of gross indecency-- 2 (i) with bodily harm, while armed or in company; 3 (ii) of a person under 16 or at least 60; 4 (iii) of a person with an impairment; 5 (c) procuring an act of gross indecency. (2) It is immaterial whether the act of gross indecency happens in 6 Queensland or elsewhere. 7 PART 3--INTERFERING WITH LIBERTY 8 1--Deprivation of liberty 9 Division is "kidnapping for ransom" 10 What 119.(1) A person kidnaps anyone for ransom if-- 11 (a) the person takes, or deprives of liberty, anyone (the "hostage") 12 with intent that anyone will gain a benefit or suffer a detriment; 13 and 14 (b) the intent is to be achieved by a demand containing a threat that 15 detriment will be caused to the hostage if the demand is not 16 complied with. 17 (2) For subsection (1), it is immaterial who it may be threatened will 18 cause the detriment. 19 (3) In this section-- 20 "threat" includes a representation that may, in all the circumstances, be 21 reasonably interpreted as a threat. 22 for ransom 23 Kidnapping 120. A person must not kidnap anyone for ransom. 24 Maximum penalty-- 25

 


 

s 121 72 s 124 Criminal Code (a) life imprisonment, if paragraph (b) does not apply; or 1 (b) 10 years imprisonment, if the other person is unconditionally 2 released by the person not more than 1 month after being taken or 3 deprived of liberty, without having suffered grievous bodily 4 harm. 5 6 Crime-- 7 (a) kidnapping for ransom for more than 1 month; 8 (b) kidnapping for ransom. is "kidnapping" 9 What 121. A person kidnaps anyone (the "hostage") if the person unlawfully 10 deprives the hostage of liberty with intent to compel the hostage to do 11 anything for the person or anyone else without the hostage's consent. 12 idnapping 13 K 122. A person must not kidnap anyone. 14 Maximum penalty--7 years imprisonment. 15 16 Crime--kidnapping. is "deprivation of liberty" 17 What 123. A person deprives anyone of liberty if the person-- 18 (a) confines or detains the other person without the other person's 19 consent; or 20 (b) deprives the other person of personal liberty in another way. 21 of liberty 22 Deprivation 124. A person must not unlawfully deprive anyone of liberty. 23 Maximum penalty-- 24 (a) life imprisonment, if-- 25 (i) the person knows the other person has been kidnapped for 26

 


 

s 125 73 s 126 Criminal Code ransom; and 1 (ii) paragraph (b) does not apply; or 2 (b) 10 years imprisonment, if-- 3 (i) the person knows the other person has been kidnapped for 4 ransom; but 5 (ii) the other person is unconditionally released by the person, 6 not more than 1 month after being unlawfully deprived of 7 liberty by the person, without having suffered grievous 8 bodily harm; or 9 (c) 7 years imprisonment, if the person knows the other person has 10 been kidnapped; or 11 (d) 3 years imprisonment, in any other case. 12 13 Crime-- 14 (a) deprivation of liberty, for more than 1 month, of a hostage held for 15 ransom; 16 (b) deprivation of liberty of a hostage held for ransom; 17 (c) deprivation of liberty of a hostage; 18 (d) deprivation of liberty. 2--Children and mental patients 19 Division of "guilty intent" for division 20 Meaning 125. In this division-- 21 "guilty intent" means intent to-- 22 (a) deprive a parent, guardian or other person, who has the lawful 23 care or charge of the child, of the possession of the child; or 24 (b) steal an article on or about a child's person. 25 stealing 26 Child 126.(1) A person must not, with guilty intent, take a child under 16 years 27 dishonestly by any deception or forcibly. 28

 


 

s 127 74 s 129 Criminal Code Maximum penalty--7 years imprisonment. 1 2 Crime--taking a child under 16 with intent. (2) It is a defence to a charge of the offence to prove the person claimed 3 in good faith a right to possession of the child. 4 stolen child 5 Harbouring 127.(1) A person must not, with guilty intent, receive or harbour a child 6 under 16 years, knowing the child to have been taken dishonestly by any 7 deception or forcibly. 8 Maximum penalty--7 years imprisonment. 9 10 Crime--receiving or harbouring a child under 16 with intent. (2) It is a defence to a charge of the offence to prove the person claimed 11 in good faith a right to possession of the child. 12 of child under 16 13 Abduction 128.(1) A person must not unlawfully take an unmarried child under 14 16 years from the custody or protection of the child's parent, guardian or 15 other person, who has the lawful care or charge of the child, without the 16 consent of the parent, guardian or other person. 17 Maximum penalty--3 years imprisonment. 18 19 Crime--unlawfully taking a child under 16 years. (2) It is immaterial that-- 20 (a) the person believed the child to be at least 16 years; or 21 (b) the child was taken with the child's consent or at the child's 22 suggestion. 23 custody of mental patient 24 Unlawful 129.(1) A person must not detain or assume the custody of a patient 25 contrary to the Mental Health Act 1974. 26 Maximum penalty--3 years imprisonment. 27 28 Crime--unlawful custody of a mental patient.

 


 

s 130 75 s 131 Criminal Code (2) In this section-- 1 "patient" means a patient within the meaning of the Mental Health Act 2 1974. 3 Division 3--Threats 4 of "guilty intent" for division 5 Meaning 130. In this division-- 6 "guilty intent" means intent to-- 7 (a) stop or hinder anyone from doing an act the person may lawfully 8 do; or 9 (b) compel anyone to do an act the person may lawfully abstain from 10 doing. 11 12 Threats 131. A person must not, with guilty intent, threaten to-- 13 (a) kill or injure anyone; or 14 (b) damage anyone's property; or 15 (c) cause other detriment to anyone that is unreasonable in all the 16 circumstances. 17 Maximum penalty-- 18 (a) 7 years imprisonment, if the person threatens to kill or do 19 grievous bodily harm to anyone or to damage property by 20 explosives or fire; or 21 (b) 5 years imprisonment, in any other case. 22 23 Crime-- 24 (a) making a threat to kill, do grievous bodily harm or cause damage by 25 explosives or fire; 26 (b) making a threat.

 


 

s 132 76 s 132 Criminal Code Division 4--Unlawful stalking 1 is unlawful stalking 2 What 132.(1) A person unlawfully stalks anyone if the first person engages in 3 stalking directed at the other person-- 4 (a) intentionally causing the other person to be aware of the first 5 person's conduct; and 6 (b) in a way that would cause any reasonable person in the other 7 person's circumstances to believe the first person is likely to 8 commit an unlawful and violent act against the other person. 9 (2) In this division-- 10 "circumstances" of the other person, are the circumstances of the other 11 person known, foreseen or reasonably foreseeable by the first person. 12 "property", of anyone else, includes property in which both the first 13 person and the other person have an interest. 14 "stalking" means a course of conduct consisting of acts of the following 15 type or other similar acts done to, or to the property of, the other 16 person or anyone else on at least 2 separate occasions-- 17 (a) contacting, following, loitering near, watching or approaching 18 anyone; 19 (b) contacting, loitering near, watching, approaching or entering a 20 place where anyone else lives, works or visits; 21 (c) interfering with property in anyone else's possession; 22 (d) giving offensive material to anyone else, directly or indirectly, 23 including for example, by leaving the material where it will be 24 found by, given to or brought to the attention of, anyone else; 25 (e) harassing, intimidating or threatening anyone else; 26 (f) doing an unlawful act against anyone else or anyone's else's 27 property. 28 "unlawful and violent act", committed against a person, means an act 29 that is an offence committed against-- 30 (a) the person or anyone else about whose health or custody the 31

 


 

s 133 77 s 133 Criminal Code person would reasonably be expected to be seriously concerned if 1 the act were done, including, for example, a dependant, relative, 2 friend, employer or associate; or 3 (b) the property of the person or property about which the person 4 would reasonably be expected to be seriously concerned if the act 5 were done, including, for example-- 6 (i) the premises where the person lives or works; or 7 (ii) the property of a dependant, relative, friend, employer or 8 associate of the person. 9 "violent" act, includes-- 10 (a) for a violent act committed against a person--an act depriving a 11 person of liberty; and 12 (b) for a violent act committed against property--an unlawful act of 13 damaging, removing, using or interfering with property. 14 stalking 15 Unlawful 133.(1) A person must not unlawfully stalk anyone. 16 Maximum penalty-- 17 (a) 7 years imprisonment if, for any stalking act, the person-- 18 (i) uses or threatens to use unlawful violence against anyone or 19 anyone's property; or 20 (ii) possesses a weapon; or 21 (iii) contravenes, or threatens to contravene, an injunction or 22 order imposed or made by a court under a law of a State or 23 the Commonwealth; or 24 (b) 5 years imprisonment, in any other case. 25 26 Crime-- 27 (a) unlawful stalking-- 28 (i) with violence; 29 (ii) while armed; 30 (iii) in contravention of a court order;

 


 

s 134 78 s 134 Criminal Code 1 (b) unlawful stalking. (2) It is a defence to a charge of the crime for the charged person to prove 2 the course of conduct was engaged in for-- 3 (a) a genuine industrial dispute; or 4 (b) a genuine political or other public dispute or issue carried on in 5 the public interest. 6 ART 4--OTHER OFFENCES ENDANGERING LIFE, 7 P HEALTH OR SAFETY 8 Division 1--Offences involving vehicles 9 operation of a vehicle 10 Dangerous 134.(1) A person must not operate a vehicle dangerously in a public 11 place. 12 Maximum penalty-- 13 (a) 14 years imprisonment, if-- 14 (i) the person kills or does grievous bodily harm to anyone else; 15 and 16 (ii) the concentration of alcohol in the person's blood is at least 17 150 mg of alcohol per 100 ml of blood; or 18 (b) 10 years imprisonment, if the person-- 19 (i) kills or does grievous bodily harm to anyone else; and 20 (ii) is adversely affected by an intoxicating substance; or 21 (c) 7 years imprisonment, if the person kills or does grievous bodily 22 harm to anyone else; or 23 (d) 5 years imprisonment, if the person is adversely affected by an 24 intoxicating substance; or 25 (e) 3 years imprisonment, in any other case. 26

 


 

s 134 79 s 134 Criminal Code 1 Crime-- 2 (a) dangerous operation of a vehicle causing death or grievous bodily harm 3 and while having a blood-alcohol level of at least 0.15; 4 (b) dangerous operation of a vehicle causing death or grievous bodily harm 5 and while intoxicated; 6 (c) dangerous operation of a vehicle causing death or grievous bodily harm; 7 (d) dangerous operation of a vehicle while intoxicated; 8 (e) dangerous operation of a vehicle. (2) In this section-- 9 "operate a vehicle dangerously" in a public place means operate the 10 vehicle at a speed or in a way dangerous to the public, having regard to 11 all the circumstances, including, for example-- 12 (a) the nature, condition and use of the public place; and 13 (b) the nature and condition of the vehicle; and 14 (c) the number of persons or vehicles or other objects that are, or 15 might reasonably be expected to be, in the public place; and 16 (d) the concentration of alcohol in the operator's blood; and 17 (e) the presence of any other intoxicating substance in the operator's 18 body. 19 "public place" includes-- 20 (a) a road; and 21 (b) a place of public resort open to or used by the public as of right; 22 and 23 (c) a place being used for a public purpose or open to the public, 24 whether or not on payment; and 25 (d) a place open to the public by the express or tacit consent or 26 sufferance of the owner, whether or not the place is always open 27 to the public; 28 but does not include a place being used to race or test vehicles and from 29 which other traffic is excluded at the time. 30

 


 

s 135 80 s 136 Criminal Code Act about commercial vehicles 1 Contravening 135.(1) A person must not operate, or permit to be operated, a vehicle 2 used for commercial purposes if-- 3 (a) the person has contravened an Act applying to the vehicle about 4 its construction, maintenance or use; and 5 (b) the operation endangers, or is likely to endanger, anyone else's 6 life because of the contravention. 7 Maximum penalty--3 years imprisonment. 8 9 Crime--operating a commercial vehicle causing danger. (2) In this section-- 10 "Act" includes an Act of the Commonwealth or another State. 11 destructive thing in vehicle etc. 12 Putting 136.(1) A person must not-- 13 (a) put a destructive thing in a vehicle; or 14 (b) give a destructive thing to anyone to put it in a vehicle; or 15 (c) possess a destructive thing in a vehicle. 16 Maximum penalty--7 years imprisonment. 17 18 Crime--causing a destructive thing to be in a vehicle. (2) It is a defence to a charge of the crime to prove the act claimed to be 19 the crime was-- 20 (a) if the person is the owner or operator of the vehicle--lawful, apart 21 from subsection (1); or 22 (b) lawfully consented to by the owner or operator of the vehicle, 23 knowing the thing was a destructive thing; or 24 (c) authorised under an Act. 25 (3) In this section-- 26 "Act" includes an Act of the Commonwealth or another State. 27 "destructive thing" means an explosive or noxious substance, or another 28

 


 

s 137 81 s 137 Criminal Code thing, that may directly or indirectly endanger the safety of a person in 1 the vehicle. 2 vehicle passenger 3 Endangering 137.(1) A person must not do a harmful act-- 4 (a) with intent to harm a vehicle passenger, whether or not a 5 particular passenger; or 6 (b) causing harm to a vehicle passenger. 7 Maximum penalty-- 8 (a) for paragraph (a)--life imprisonment; or 9 (b) for paragraph (b)--14 years imprisonment. 10 11 Crime-- 12 (a) doing an unlawful act with intent to harm a vehicle passenger; 13 (b) doing an unlawful act causing harm to a vehicle passenger. (2) For subsection (1), a vehicle passenger is harmed if the passenger is 14 injured or the passenger's safety is endangered. 15 (3) In this section-- 16 "anything connected with a vehicle's control, operation or 17 maintenance" includes anything used in connection with the vehicle's 18 control, operation or maintenance, including, for example-- 19 (a) for a train--a railway line; or 20 (b) for a motor vehicle--a road; or 21 (c) for a boat--a port; or 22 (d) for an aircraft--an airport. 23 "do a harmful act" means unlawfully-- 24 (a) deal with a vehicle or anything connected with a vehicle's control, 25 operation or maintenance; or 26 (b) make, or interfere with, a signal or communication; or 27 (c) show, or interfere with, a light; or 28 (d) for a person who has a duty to do anything--omit to do the thing. 29

 


 

s 138 82 s 139 Criminal Code "vehicle passenger" means a person travelling, or who may travel, in the 1 vehicle. 2 Division 2--Other dangerous acts 3 or stupefying with intent to commit a crime 4 Disabling 138.(1) A person must not, with intent to commit a crime-- 5 (a) make, or attempt to make, anyone incapable of resistance in a 6 way likely to choke, suffocate or strangle the other person; or 7 (b) administer, or attempt to administer, a stupefying drug or thing to 8 anyone. 9 Maximum penalty--life imprisonment. 10 11 Crime--disabling, or attempting to disable, with intent. (2) In this section-- 12 "stupefying" includes overpowering. 13 intended to cause serious harm or stop arrest or detention 14 Acts 139.(1) A person must not, with guilty intent-- 15 (a) unlawfully do grievous bodily harm or transmit a serious disease 16 to anyone; or 17 (b) unlawfully strike, or attempt to strike, anyone with a thing capable 18 of achieving the guilty intent; or 19 (c) unlawfully cause an explosion; or 20 (d) send or give an explosive substance or other dangerous or 21 noxious thing to anyone; or 22 (e) cause an explosive substance or other dangerous or noxious thing 23 to be taken or received by anyone; or 24 (f) put a corrosive fluid or a destructive or explosive substance in a 25 place; or 26 (g) unlawfully throw at anyone, or otherwise apply to anyone, a 27

 


 

s 140 83 s 142 Criminal Code corrosive fluid or a destructive or explosive substance. 1 Maximum penalty--life imprisonment. 2 3 Crime--doing a harmful act with intent to cause serious harm or stop arrest. (2) In this section-- 4 "guilty intent" means intent to-- 5 (a) do grievous bodily harm or transmit a serious disease to anyone 6 else; or 7 (b) resist or stop the lawful arrest or detention of anyone. 8 explosive or noxious substance with intent 9 Placing 140. A person must not unlawfully, and with intent to do bodily harm to 10 anyone else, put an explosive or noxious substance in a place. 11 Maximum penalty--14 years imprisonment. 12 13 Crime--placing an explosive or noxious substance with intent. explosive substance 14 Placing 141. A person must not wilfully and unlawfully put an explosive 15 substance in a place in circumstances that the substance may cause bodily 16 harm to anyone else. 17 Maximum penalty--3 years imprisonment. 18 19 Crime--wilfully placing an explosive substance where it may cause bodily harm. traps 20 Setting 142.(1) A person must not set a trap-- 21 (a) with intent to kill or do grievous bodily harm to anyone else; or 22 (b) in a way likely to kill or do grievous bodily harm to anyone else 23 who comes into contact with the trap. 24 Maximum penalty--14 years imprisonment. 25 26 Crime--setting a trap. (2) This section does not make it unlawful to set a trap-- 27

 


 

s 143 84 s 145 Criminal Code (a) of a type that is usually set for destroying vermin; or 1 (b) in a reasonable way to protect a dwelling house. 2 (3) In this section-- 3 "set" includes place. 4 "trap" includes anything likely to kill or do grievous bodily harm to 5 anyone. 6 traps to remain 7 Permitting 143.(1) A person who possesses or occupies a place must not knowingly 8 permit a trap that has been set in the place by anyone else, in contravention 9 of section 142,15 to remain there. 10 Maximum penalty--3 years imprisonment. 11 12 Crime--permitting a trap to remain in a place. (2) In this section-- 13 "set" includes placed. 14 "trap" includes anything likely to kill or do grievous bodily harm to a 15 person. 16 causing bodily harm 17 Acts 144. A person must not unlawfully do an act, or omit to do an act that it 18 is the person's duty to do, if the act or omission causes bodily harm to 19 anyone else. 20 Maximum penalty--3 years imprisonment. 21 22 Crime--unlawfully causing bodily harm. rescue or escape from unsafe premises 23 Obstructing 145.(1) A person must not unlawfully obstruct anyone in the other 24 person's efforts to save the life of anyone who is in, or escaping from, 25 dangerous, destroyed or other unsafe premises. 26 15 Section 142 (Setting traps)

 


 

s 146 85 s 147 Criminal Code Maximum penalty--life imprisonment. 1 2 Crime--obstructing rescue or escape from unsafe premises. (2) Subsection (1) applies whether the other person is trying to save his 3 or her own life or anyone else's life. 4 poison with intent to harm 5 Administering 146. A person must not unlawfully, and with intent to injure or annoy 6 anyone else, cause a poison or other noxious thing to be administered to, or 7 taken by, anyone. 8 Maximum penalty-- 9 (a) 14 years imprisonment, if the poison or other noxious thing 10 endangers the life of, or does grievous bodily harm to, the person 11 to whom it is administered or by whom it is taken; or 12 (b) 7 years imprisonment, in any other case. 13 14 Crime-- 15 (a) administering poison with intent and causing harm; 16 (b) administering poison with intent. 3--Offences against persons under care 17 Division to supply necessaries 18 Failing 147. A person who has a duty to provide the necessaries of life for 19 anyone must not unlawfully fail to perform the duty if, because of the 20 failure-- 21 (a) the other person's life is, or is likely to be, endangered; or 22 (b) the other person's health is, or is likely to be, permanently 23 injured. 24 Maximum penalty--5 years imprisonment. 25 26 Crime--failing to supply the necessaries of life.

 


 

s 148 86 s 150 Criminal Code life or health of an employee under 16 1 Endangering 148. An employer who has a duty to provide necessary food, clothing or 2 accommodation for an employee under 16 years must not unlawfully fail to 3 perform the duty if, because of the failure-- 4 (a) the employee's life is, or is likely to be, endangered; or 5 (b) the employee's health is, or is likely to be, permanently injured. 6 Maximum penalty--5 years imprisonment. 7 8 Crime--failing to provide necessary food, clothing or accommodation to an 9 employee under 16 years. a child under 7 by exposure 10 Endangering 149. A person must not unlawfully abandon or expose a child under 11 7 years if, by doing so-- 12 (a) the child's life is, or is likely to be, endangered; or 13 (b) the child's health is, or is likely to be, permanently injured. 14 Maximum penalty--12 years imprisonment. 15 16 Crime--endangering a child under 7 by abandonment or exposure. to a child under 16 17 Cruelty 150.(1) A person who has charge of a child under 16 years must not, by 18 cruelty, cause unnecessary suffering to the child. 19 Maximum penalty--5 years imprisonment. 20 21 Crime--cruelty to a child under 16. (2) It may, for example, be cruelty that causes unnecessary suffering to a 22 child-- 23 (a) for a person who can provide adequate food, clothing, medical 24 treatment, accommodation or care for the child from the person's 25 own resources--to fail to do so; or 26 (b) for a person who can not provide adequate food, clothing, 27 medical treatment, accommodation or care for the child from the 28 person's own resources--to fail to take all lawful steps to obtain 29

 


 

s 151 87 s 151 Criminal Code adequate food, clothing, medical treatment, accommodation and 1 care for the child; or 2 (c) to desert the child leaving the child without means of support. 3 HAPTER 3--PROPERTY OFFENCES, 4 C DISHONESTY OFFENCES AND ASSOCIATED 5 OFFENCES 6 PART 1--STEALING, DISHONEST 7 APPROPRIATION AND ASSOCIATED OFFENCES 8 1--Property concepts 9 Division for pt 1 of "property" 10 Meaning 151.(1) In this part-- 11 "property" includes-- 12 (a) money; and 13 (b) electrical or other energy, gas and water; and 14 (c) an animal mentioned in subsection (2); and 15 (d) a thing produced by an animal mentioned in subsection (2); and 16 (e) any other property real or personal, legal or equitable, including 17 things in action and other intangible property. 18 (2) For this part, an animal is property if it is-- 19 (a) a tame animal, whether naturally tame or otherwise; or 20 (b) an untamed animal of a type that, if kept, is usually kept confined; 21 or 22

 


 

s 152 88 s 153 Criminal Code (c) an untamed animal in a person's possession or being pursued for 1 return to possession after escape. 2 for pt 1 of "owner" of property 3 Meaning 152. In this part-- 4 "owner" of property, includes a person who is taken to be the property's 5 owner under section 153 or 154. 6 particular property is anyone else's property 7 When 153.(1) This section applies for deciding under this part whether a person 8 has done an act that is an offence in relation to anyone else's property. 9 (2) The property is the other person's property if the other person-- 10 (a) is the owner of the property; or 11 (b) is a part owner of the property; or 12 (c) possesses the property; or 13 (d) has a special interest in the property. 14 (3) The property is the other person's property even if the person doing 15 the act-- 16 (a) owns the property, subject to the other person's special interest in 17 the property; or 18 (b) is a part owner of the property; or 19 (c) possesses the property; or 20 (d) has a special interest in the property; or 21 (e) is a member, director or officer of a corporation, partnership or 22 association that owns the property. 23 (4) In this section-- 24 "special interest" in property includes-- 25 (a) a legal or equitable interest in, or claim to, the property; and 26 (b) a right arising from, or dependent on, possessing the property, 27 whether possession is held by-- 28

 


 

s 154 89 s 154 Criminal Code (i) the person who has the right; or 1 (ii) anyone for the persons's benefit. 2 property held for someone else is the other person's property 3 When 154.(1) This section also applies for deciding under this part whether the 4 person referred to in this section as the receiver has done an act that is an 5 offence in relation to anyone else's property. 6 (2) If a person (the "receiver") receives property to hold for anyone else, 7 the property is the other person's property. 8 (3) If a person (also the "receiver") receives property, or a power of 9 attorney for property, from anyone (the "giver") with a direction from the 10 giver requiring the receiver-- 11 (a) to apply the property, or property received in exchange for the 12 property, to a particular purpose; or 13 (b) to give, or account for, the property, or property received in 14 exchange for the property, to a particular person; or 15 (c) to dispose of the property and apply all or part of the proceeds to 16 a particular purpose; or 17 (d) to dispose of the property and give, or account for, all or part of 18 the proceeds to a particular person; 19 the property or the proceeds are the giver's property until the direction has 20 been complied with. 21 (4) However, the receiver does not commit an offence under this part in 22 relation to anyone else's property only because the other person is taken to 23 be the property's owner under subsection (2) or (3) if the property or 24 proceeds are received on terms that-- 25 (a) the property or proceeds are to form an item in a debtor and 26 creditor account between the receiver and the other person ; and 27 (b) only the relationship of debtor and creditor is to exist between the 28 receiver and the other person. 29 (5) Subsection (4) is taken to apply if the other person-- 30 (a) ordinarily deals with the receiver on the basis the property or 31

 


 

s 155 90 s 155 Criminal Code proceeds are to form an item in a debtor and creditor account 1 between the person and the other person; and 2 (b) has not given the receiver a written direction stating that the 3 circumstances mentioned in paragraph (a) do not apply. 4 (6) In this section-- 5 "dispose" means dispose by sale, mortgage, pledge or another way. 6 "power of attorney" means a power for the sale, mortgage, pledge, or 7 other disposition of property. 8 "proceeds", of a disposal, includes anything directly or indirectly received 9 from the disposal. 10 "receives" includes receives jointly with anyone. 11 Division 2--Stealing and dishonest appropriation offences 12 Subdivision 1--Stealing 13 is "stealing" 14 What 155.(1) A person "steals" anyone's property if the person-- 15 (a) fraudulently takes the property or converts the property to the use 16 of the person or anyone else; and 17 (b) for the stealing, actually moves the property or otherwise actually 18 deals with the property by some physical act. 19 (2) A person takes or converts property fraudulently if the person acts 20 with intent to-- 21 (a) permanently deprive the other person of it; or 22 (b) use it as a pledge or security; or 23 (c) part with it on a condition about its return that the person may be 24 unable to perform; or 25 (d) deal with it in a way that it cannot be returned in the same 26 condition; or 27

 


 

s 156 91 s 156 Criminal Code (e) if the property is money--use it at the person's will, even if the 1 person intends to repay the other person afterwards. 2 3 Stealing 156.(1) A person must not steal anyone's property. 4 Maximum penalty-- 5 (a) 14 years, if the property-- 6 (i) is stolen from someone's person; or 7 (ii) is stolen by looting; or 8 (iii) has a value of at least 167 penalty units; or 9 (iv) is a firearm and the person steals it intending that it be used 10 by anyone to commit a crime; or 11 (v) is a testamentary instrument, whether the testator is alive or 12 dead; or 13 (vi) is stolen by a contravention of fiduciary duty owed by the 14 person to anyone; or 15 (b) 7 years imprisonment, in any other case. 16 17 Crime-- 18 (a) stealing-- 19 (i) from the person; 20 (ii) looting; 21 (iii) property of high value; 22 (iv) a firearm stolen with intent; 23 (v) a testamentary instrument; 24 (vi) in contravention of fiduciary duty; 25 (b) stealing. (2) In this section-- 26 "looting" means stealing property that has been left unattended because of 27 natural disaster, civil unrest, industrial dispute or the death or 28 incapacity of anyone who possesses the property. 29

 


 

s 157 92 s 158 Criminal Code 2--Dishonest appropriation 1 Subdivision is an "appropriation" 2 What 157. A person "appropriates" anyone else's property if the person-- 3 (a) takes the property; or 4 (b) converts the property to the use of anyone other than the owner; 5 or 6 (c) uses the property; or 7 (d) otherwise assumes the owner's right to the property. 8 appropriation 9 Dishonest 158. A person must not dishonestly appropriate anyone else's property. 10 Maximum penalty-- 11 (a) 14 years imprisonment, if-- 12 (i) the person is a director of a corporation, and the property is 13 owned by the corporation; or 14 (ii) the person is the other person's employee, and the property 15 is owned by the employer; or 16 (iii) the person uses or intends to use the property to facilitate the 17 commission of a crime; or 18 (iv) the property came into the person's possession subject to a 19 trust, direction or condition that it be applied to a purpose or 20 be given to a particular person; or 21 (v) the property came into the person's possession on account 22 of anyone else; or 23 (vi) the benefit derived by the person from the appropriation of 24 the property has a value of at least 167 penalty units; or 25 (b) 7 years imprisonment, in any other case. 26 27 Crime-- 28 (a) dishonest appropriation--

 


 

s 159 93 s 160 Criminal Code 1 (i) as a corporation director; 2 (ii) as an employee; 3 (iii) with intent to commit a crime; 4 (iv) in contravention of a trust, direction or condition; 5 (v) of property held on account of anyone else; 6 (vi) to a high value; 7 (b) dishonest appropriation. 3--Provisions common to stealing and dishonest 8 Subdivision appropriation 9 of property 10 Conversion 159. A person may convert property-- 11 (a) whether the person takes possession of the property to convert the 12 property; or 13 (b) whether the property is in the person's possession when the 14 conversion happens. 15 of acts that may be fraudulent or dishonest 16 Example 160.(1) A person's act may be fraudulent or dishonest, even though it is 17 done without secrecy or an attempt to conceal. 18 (2) A person may do an act in relation to anyone else's property 19 fraudulently or dishonestly even though the person-- 20 (a) is willing to pay for the property; or 21 (b) intends to restore the property afterwards to the other person; or 22 (c) intends to make restitution for the property to the other person; or 23 (d) intends to afterwards fulfil the person's obligations relating to the 24 property. 25 (3) A person may take property fraudulently or dishonestly if-- 26 (a) the person receives the property in circumstances in which-- 27

 


 

s 161 94 s 162 Criminal Code (i) it is then not identifiable; and 1 (ii) property in it has passed to the person; and 2 (b) the person then fraudulently moves or dishonestly appropriates 3 the property without discharging or making arrangements with its 4 previous owner to discharge the person's indebtedness or other 5 lawful obligation in relation to the thing. 6 7 Example of subsection (3)-- 8 S, a member of the public, drives a vehicle with a partially filled petrol tank into 9 a self-service petrol station. S fills the tank up with petrol and drives away without 10 paying for the petrol or making arrangement to pay for the petrol. S has acted 11 fraudulently or dishonestly under subsection (3). (4) A person may take or convert property fraudulently or dishonestly if 12 the person-- 13 (a) receives the property because of anyone else's mistake; and 14 (b) takes or converts the property after the person knows about the 15 mistake. 16 of act that is not fraudulent or dishonest 17 Example 161.(1) A person's taking, conversion or appropriation of property is not 18 fraudulent or dishonest if, when the person does the taking, converting or 19 appropriating, the person-- 20 (a) does not know who its owner is; and 21 (b) reasonably believes the owner cannot be found. 22 (2) Subsection (1) does not apply to property that comes into a person's 23 possession as a trustee or personal representative. 24 of what is not stealing or dishonest appropriation 25 Examples 162.(1) A person does not steal or dishonestly appropriate the body of an 26 untamed animal that is not in captivity if the person takes the body-- 27 (a) after the person, or anyone for whom the person acts, kills the 28 animal; but 29 (b) before the owner of the land where the animal dies has taken 30

 


 

s 163 95 s 164 Criminal Code actual possession of the body. 1 (2) A person's agent does not steal or dishonestly appropriate goods or a 2 document of title to goods given to the agent if the agent pledges or gives a 3 lien on the goods or title document for an amount not more than the total 4 of-- 5 (a) the amount owing to the agent from the person when pledging or 6 giving the lien; and 7 (b) the amount of a bill of exchange or promissory note accepted or 8 made by the agent for the person. 9 (3) An employee does not steal or dishonestly appropriate food from the 10 employee's employer if the employee, against the employer's orders, takes 11 the food from the employer's possession to give to an animal belonging to, 12 or in the possession of, the employer. 13 property moveable with intent to steal or dishonestly 14 Making appropriate 15 163. A person must not make property moveable with intent to steal or 16 dishonestly appropriate it. 17 Maximum penalty--the maximum penalty that would apply had the thing 18 been stolen or dishonestly appropriated after it became moveable. 19 20 Crime--making property moveable with intent. 3--Offences about property derived from other offences 21 Division stolen property into Queensland 22 Bringing 164.(1) A person must not bring stolen property into Queensland. 23 Maximum penalty--the lesser of the following-- 24 (a) the maximum penalty that would apply if the property were 25 stolen in Queensland; 26 (b) the maximum penalty for the act under the law in force in the 27 place where the act was done. 28 29 Crime--bringing stolen property into Queensland.

 


 

s 165 96 s 165 Criminal Code (2) In this section-- 1 "stolen property" means property obtained outside Queensland by an act 2 that-- 3 (a) if it had been done in Queensland would have been stealing or a 4 dishonest appropriation; and 5 (b) is an offence under the law in force in the place where it was 6 done. 7 tainted property 8 Receiving 165.(1) A person must not receive tainted property believing it to be 9 tainted property. 10 Maximum penalty--14 years imprisonment. 11 12 Crime--receiving tainted property. (2) To prove a person received property it is enough to prove that the 13 person, either alone or with anyone else-- 14 (a) possessed it; or 15 (b) helped to dispose of or hide it. 16 (3) A person who receives property from anyone who has acquired 17 lawful title to it does not commit an offence even though the person knows 18 it was previously tainted property. 19 (4) In this section-- 20 "tainted property" means-- 21 (a) property obtained by-- 22 (i) an act that is a crime; or 23 (ii) an act done outside Queensland that-- 24 (A) if it had been done in Queensland would have been a 25 crime; and 26 (B) is an offence under the law in force in the place where it 27 was done; or 28 (b) if property mentioned in paragraph (a) has (completely or partly) 29

 


 

s 166 97 s 167 Criminal Code been converted to, or mortgaged, pledged or exchanged for, other 1 property--the other property. 2 reward for recovery of tainted property 3 Taking 166.(1) A person must not dishonestly take a reward under an 4 arrangement that the person will help anyone else recover tainted property. 5 Maximum penalty--7 years imprisonment. 6 7 Crime--dishonestly taking reward for recovery of tainted property. (2) In this section-- 8 "arrangement" includes agreement, contract and understanding. 9 "tainted property" means property obtained by-- 10 (a) an act that is a crime; or 11 (b) an act done outside Queensland that-- 12 (i) if it had been done in Queensland would have been a crime; 13 and 14 (ii) is an offence under the law in force in the place where it was 15 done. 16 "take a reward" means-- 17 (a) receive or obtain a benefit; or 18 (b) agree to receive or obtain a benefit. 19 PART 2--ROBBERY AND EXTORTION 20 21 Robbery 167.(1) A person must not-- 22 (a) steal anyone's property; and 23 (b) immediately before, when or immediately after stealing the 24 property, use or threaten to use actual violence to a person or any 25

 


 

s 168 98 s 168 Criminal Code property to obtain the stolen property or to stop or overcome 1 resistance to its being stolen. 2 Maximum penalty-- 3 (a) life imprisonment, if the person-- 4 (i) is, or pretends to be, armed with a dangerous thing; or 5 (ii) is in company with anyone; or 6 (iii) immediately before, when or immediately after committing 7 the offence, does bodily harm to a person; or 8 (b) 14 years imprisonment, in any other case. 9 10 Crime-- 11 (a) robbery-- 12 (i) while armed; 13 (ii) in company; 14 (iii) with bodily harm; 15 (b) robbery. (2) In this section-- 16 "dangerous thing" includes-- 17 (a) a dangerous or offensive weapon or instrument; and 18 (b) an explosive or noxious substance. 19 robbery 20 Attempted 168.(1) A person must not-- 21 (a) attempt to steal anyone's property; and 22 (b) immediately before, when or immediately after attempting to steal 23 the property, use or threaten to use actual violence to a person or 24 property to obtain the property to be stolen or to stop or overcome 25 resistance to its being stolen. 26 Maximum penalty-- 27 (a) life imprisonment, if the person is armed with a dangerous thing 28 and, immediately before, when or immediately after committing 29

 


 

s 169 99 s 169 Criminal Code the offence, does bodily harm to a person with the thing; or 1 (b) 14 years imprisonment, if the person-- 2 (i) is, or pretends to be, armed with a dangerous thing; or 3 (ii) is in company with anyone; or 4 (iii) immediately before, when or immediately after committing 5 the offence, does bodily harm to a person; or 6 (c) 7 years imprisonment in any other case. 7 8 Crime-- 9 (a) attempted robbery while armed and with bodily harm; 10 (b) attempted robbery-- 11 (i) while armed; 12 (ii) in company; 13 (iii) with bodily harm; 14 (c) attempted robbery. (2) In this section-- 15 "dangerous thing" includes-- 16 (a) a dangerous or offensive weapon or instrument; and 17 (b) an explosive or noxious substance. 18 19 Extortion 169.(1) A person must not, without reasonable or probable cause, make 20 an unlawful demand with intent-- 21 (a) to gain a benefit for anyone; or 22 (b) to cause a detriment to anyone. 23 Maximum penalty--life imprisonment. 24 25 Crime--extortion. (2) It is immaterial that-- 26 (a) the demand is made in a way ordinarily used to inform the public 27 rather than a particular person; or 28

 


 

s 170 100 s 170 Criminal Code (b) the threat does not specify-- 1 (i) the detriment to be caused; or 2 (ii) the person to whom, or the property to which, the detriment 3 is to be caused. 4 5 Example-- 6 A threat may be made to the public or an unidentified member of the public. (3) In this section-- 7 "make" an unlawful demand includes cause anyone to receive an unlawful 8 demand. 9 "threat" includes a representation that, in all the circumstances, may 10 reasonably be interpreted as a threat, but does not include a person's 11 threat to cause detriment to the person's own self or to property owned 12 solely by the person. 13 "unlawful demand" made by a person, means a demand made in any way 14 with a threat to cause detriment to anyone or any property whether by 15 the person or anyone else. 16 PART 3--BURGLARY 17 18 Burglary 170.(1) A person who is not the occupier of particular premises must 19 not-- 20 (a) enter, or be in, the premises without the occupier's consent with 21 intent to commit a crime in the premises; or 22 (b) enter, or be in, the premises without the occupier's consent and 23 commit a crime in the premises. 24 Maximum penalty-- 25 (a) life imprisonment, if the person immediately before, when or 26 immediately after committing the offence, does grievous bodily 27 harm to anyone else; or 28

 


 

s 170 101 s 170 Criminal Code (b) 20 years imprisonment, if-- 1 (i) the person immediately before, when or immediately after 2 committing the offence, unlawfully assaults anyone else or 3 unlawfully damages property; or 4 (ii) the person is, or pretends to be, armed with a dangerous 5 thing; or 6 (iii) the person enters, or is in, the premises at night; or 7 (iv) the premises are a dwelling house; or 8 (c) 14 years imprisonment, in any other case. 9 10 Crime-- 11 (a) burglary with grievous bodily harm; 12 (b) burglary-- 13 (i) with violence; 14 (ii) while armed with a dangerous thing; 15 (iii) of premises at night; 16 (iv) of a dwelling house. 17 (c) burglary. (2) A person enters premises as soon as a part of the person's body, or 18 part of an instrument used by the person to enter, is inside the premises. 19 (3) In this section-- 20 "dangerous thing" includes-- 21 (a) a dangerous or offensive weapon or instrument; and 22 (b) an explosive or noxious substance. 23 "occupier", of premises, means the person in peaceable possession of the 24 premises. 25

 


 

s 171 102 s 172 Criminal Code ART 4--UNLAWFUL USE, POSSESSION OR 1 P CONTROL 2 use or possession of vehicle 3 Unlawful 171.(1) A person must not-- 4 (a) unlawfully use a vehicle without the consent of the person who 5 lawfully possesses it; or 6 (b) possess a vehicle without the consent of the person who lawfully 7 possesses it with intent to deprive the person or its owner of the 8 use and possession of it, either temporarily or permanently. 9 Maximum penalty-- 10 (a) 12 years imprisonment, if the person wilfully damages, removes 11 or otherwise interferes with part of the vehicle or equipment 12 attached to it or intends to do so; or 13 (b) 10 years imprisonment, if the person uses, intends to use the 14 vehicle or intends that the vehicle be used-- 15 (i) to facilitate the commission of a crime; or 16 (ii) to enable anyone to escape punishment for a crime; or 17 (c) 7 years imprisonment in any other case. 18 19 Crime-- 20 (a) unlawful use or possession of a vehicle with property interference; 21 (b) unlawful use or possession of a vehicle for a crime; 22 (c) unlawful use or possession of a vehicle. (2) It is a defence to a charge of the crime to prove the person had the 23 lawful consent of the vehicle's owner to its use or possession. 24 taking control of aircraft 25 Unlawfully 172.(1) A person must not unlawfully take control of an aircraft. 26 Maximum penalty-- 27 (a) life imprisonment, if the person-- 28

 


 

s 173 103 s 173 Criminal Code (i) immediately before, when or immediately after taking 1 control, uses or threatens to use actual violence to a person 2 or property to take control or to stop or overcome resistance 3 to control being taken; or 4 (ii) is, or pretends to be, armed with a dangerous thing; or 5 (iii) is in company with anyone; or 6 (iv) takes control by deception; or 7 (b) 14 years imprisonment, if anyone other than the person or the 8 person's accomplice is in the aircraft; or 9 (c) 7 years imprisonment, in any other case. 10 11 Crime-- 12 (a) taking control of an aircraft-- 13 (i) with violence; 14 (ii) while armed; 15 (iii) in company; 16 (iv) by deception; 17 (b) taking control of an occupied aircraft; 18 (c) taking control of an aircraft. (2) In this section-- 19 "dangerous thing" includes-- 20 (a) a dangerous or offensive weapon or instrument; and 21 (b) an explosive or noxious substance. 22 "take" control includes exercise control. 23 of "restricted computer" 24 Meaning 173. "Restricted computer" means all or part of a computer, computer 25 system or computer network (the "computer") for which-- 26 (a) a device or a particular sequence of electronic impulses is 27 necessary to use the computer; and 28 (b) the controller-- 29

 


 

s 174 104 s 175 Criminal Code (i) withholds access to the device or knowledge of, or the way 1 of producing, the sequence from everyone else; or 2 (ii) restricts access to the device or knowledge of, or the way of 3 producing, the sequence to anyone authorised by the 4 controller. 5 of computer "controller" 6 Meaning 174. A "controller" of a computer is the person who has the right to 7 control the computer's use. 8 computer use 9 Unlawful 175.(1) A person must not use a restricted computer without the consent 10 of the computer's controller. 11 Maximum penalty-- 12 (a) 10 years imprisonment, if the offence was committed with intent 13 to commit a crime; or 14 (b) 5 years imprisonment, in any other case. 15 16 Crime-- 17 (a) unauthorised use of a computer with intent; 18 (b) unauthorised use of a computer. (2) In this section-- 19 "use" a restricted computer includes accessing any information stored in, or 20 communicated to or from, the restricted computer. 21

 


 

s 176 105 s 179 Criminal Code PART 5--TAMPERING, FORGERY, FRAUD AND 1 IMPERSONATION 2 Division 1--Concepts of gaining benefit and causing detriment 3 of "benefit" 4 Meaning 176. "Benefit" includes-- 5 (a) property, advantage and service; and 6 (b) the causing of a detriment; and 7 (c) anything that is for a person's good; and 8 (d) direct or indirect benefit, relief or abstention from direct or 9 indirect benefit, and promise of direct or indirect benefit. 10 of "to gain a benefit" 11 Meaning 177. A person does an act to gain a benefit for anyone if the person does 12 the act for the purpose of anyone gaining the benefit for anyone. 13 14 of "detriment" 15 Meaning 178. "Detriment" includes-- 16 (a) personal injury, injury to reputation, property damage and 17 financial loss; and 18 (b) forcing anyone to do an act against the person's will; and 19 (c) loss, damage or injury of any kind; and 20 (d) direct or indirect detriment and threat of direct or indirect 21 detriment. 22 of "to cause a detriment" 23 Meaning 179. A person does an act to cause a detriment to anyone if the person 24 does the act for the purpose of anyone causing the detriment to anyone else. 25

 


 

s 180 106 s 181 Criminal Code 2--Offences 1 Division with documents 2 Tampering 180.(1) A person must not tamper with a document to dishonestly gain a 3 benefit for anyone or dishonestly cause a detriment to anyone. 4 Maximum penalty-- 5 (a) 14 years imprisonment, if the document is a valuable security, 6 testamentary instrument or document kept by a lawful authority; 7 or 8 (b) 7 years imprisonment, in any other case. 9 10 Crime-- 11 (a) dishonestly tampering with a legal document; 12 (b) dishonestly tampering with a document. (2) In this section-- 13 "tamper" with a document means damage, hide or falsify the document. 14 does a person engage in "forgery" 15 When 181. A person engages in forgery if the person-- 16 (a) makes, amends or deals with a document (the "forged 17 document") so that all the document, or a material part of it, 18 purports-- 19 (i) to be what in fact it is not; or 20 (ii) to be made by a person who did not make it; or 21 (iii) to be made by or for a person who does not exist; or 22 (iv) to be made by authority of a person who did not give the 23 authority; or 24 (v) to have an effect it does not; or 25 (b) uses a forged document. 26

 


 

s 182 107 s 183 Criminal Code 1 Forgery 182. A person must not dishonestly engage in forgery to gain a benefit 2 for anyone or cause a detriment to anyone. 3 Maximum penalty-- 4 (a) 14 years imprisonment, if-- 5 (i) the person contravenes a fiduciary duty when committing 6 the offence; or 7 (ii) the benefit gained, or the detriment caused, by the person in 8 committing the offence has a value of at least 167 penalty 9 units; or 10 (b) 7 years imprisonment, in any other case. 11 12 Crime-- 13 (a) engaging in forgery-- 14 (i) contravening a fiduciary duty; 15 (ii) affecting something of high value; 16 (b) engaging in forgery. with things used for forgery 17 Dealing 183.(1) A person must not-- 18 (a) prepare a thing with the intent that anyone may use it to engage in 19 forgery; or 20 (b) possess a thing with the intent that anyone may use it to engage in 21 forgery; or 22 (c) use a thing with intent to engage in forgery; or 23 (d) possess a thing the person used to engage in forgery; or 24 (e) dispose of a thing the person used to engage in forgery. 25 Maximum penalty--3 years imprisonment. 26 27 Crime--dealing with thing used or for use in forgery. (2) In this section-- 28 "prepare" means prepare, begin to make or make 29

 


 

s 184 108 s 185 Criminal Code raud 1 F 184. A person must not dishonestly by any deception-- 2 (a) obtain property from anyone; or 3 (b) induce anyone to give property to anyone else; or 4 (c) induce anyone to do an act the other person may lawfully abstain 5 from doing; or 6 (d) induce anyone to abstain from doing an act the other person may 7 lawfully do; or 8 (e) gain a benefit for anyone; or 9 (f) cause a detriment to anyone. 10 11 Example-- 12 F induces V to sign a document by a deception that made V believe it was 13 another type of document. F induces V to sign the document dishonestly by a 14 deception. F commits fraud under paragraph (c). Maximum penalty-- 15 (a) 14 years imprisonment, if the property, benefit or detriment has a 16 value of at least 167 penalty units; or 17 (b) 7 years imprisonment, in any other case. 18 19 Crime-- 20 (a) fraud affecting anything of high value; 21 (b) fraud. 22 Impersonation 185.(1) A person must not dishonestly pretend to be anyone else to gain 23 a benefit for anyone or cause a detriment to anyone. 24 Maximum penalty--5 years imprisonment. 25 (2) It is immaterial whether the other person is alive, dead or fictitious. 26 27 Crime--dishonest impersonation.

 


 

s 186 109 s 187 Criminal Code acknowledgment 1 Unlawful 186. A person must not unlawfully acknowledge a liability or a deed or 2 other instrument in anyone else's name before a court or person lawfully 3 authorised to take the acknowledgment. 4 Maximum penalty--7 years imprisonment. 5 6 Crime--unlawful acknowledgment. or giving unauthorised status 7 Gaining 187.(1) A person must not-- 8 (a) dishonestly cause a lawful authority to issue a certificate to 9 anyone; or 10 (b) dishonestly cause a lawful authority to register anyone in a 11 register kept by the authority as a person having, or having a right 12 to, a certificate, office, privilege, rank, right or status; or 13 (c) dishonestly represent to anyone that the person has been issued 14 with a certificate or been registered by a lawful authority; or 15 (d) give anyone a certificate knowing the other person intends to use 16 it for an offence mentioned in paragraph (a), (b) or (c). 17 18 Example of paragraph (c)-- 19 A false representation contained in an advertisement or publication. Maximum penalty--3 years imprisonment. 20 21 Crime--gaining or giving unauthorised status. (2) In this section-- 22 "certificate" means a certificate issued by a lawful authority evidencing that 23 the certificate holder has the right to an office, privilege, rank, right or 24 status. 25 "registered" by a lawful authority, means registered by a lawful authority 26 as a person who has the right to an office, privilege, rank, right or 27 status. 28

 


 

s 188 110 s 190 Criminal Code PART 6--DAMAGE TO PROPERTY 1 1--Basic concepts 2 Division acts are "unlawful" damage to property 3 What 188.(1) An act that damages a person's property is unlawful if it-- 4 (a) is done without the person's consent; and 5 (b) is not authorised, justified or excused by law. 6 (2) It is immaterial that the person doing the act possesses, or has an 7 interest in, the property. 8 (3) An act that damages property and that would otherwise be lawful is 9 unlawful if it is done with intent to commit fraud, even if it is done by a 10 person to the person's own property. 11 is "damage" to property 12 What 189. "Damage" property includes-- 13 (a) destroy the property; and 14 (b) for an animal--kill or injure the animal; and 15 (c) for a document--deal with the document so that-- 16 (i) information contained in the document is altered, obliterated 17 or made illegible, irrecoverable or inaccessible; or 18 (ii) it cannot convey a meaning in a visible or recoverable form 19 as effectively as before the damage; and 20 (d) for a mine--obstruct the working of the mine. 21 2--Offences 22 Division damage 23 Unlawful 190.(1) A person must not wilfully and unlawfully damage property. 24

 


 

s 190 111 s 190 Criminal Code Maximum penalty-- 1 (a) life imprisonment, if the damage-- 2 (i) endangers a person's life; or 3 (ii) is to an animal and is caused by an infectious disease or 4 poison; or 5 (iii) is caused by an explosive substance to property that is a 6 place while anyone else is in the place; or 7 (iv) is caused by fire in circumstances amounting to arson; or 8 (b) 14 years, if-- 9 (i) the damage is caused by fire or an explosive or noxious 10 substance; or 11 (ii) the property has a value of at least 167 penalty units; or 12 (c) 7 years imprisonment, in any other case. 13 14 Crime-- 15 (a) unlawful damage-- 16 (i) endangering life; 17 (ii) by infecting or poisoning an animal; 18 (iii) by explosion in an occupied place; 19 (iv) arson; 20 (b) unlawful damage-- 21 (i) by fire or explosive or noxious substance; 22 (ii) to valuable property; 23 (c) unlawful damage. (2) A person must not wilfully set fire to anything if-- 24 (a) relevant property is also likely to catch fire as a result; and 25 (b) it would be unlawful for the person to set fire to the relevant 26 property. 27 Maximum penalty--14 years imprisonment. 28 29 Crime--endangering relevant property by fire. (3) In this section-- 30

 


 

s 191 112 s 192 Criminal Code "arson" means wilfully and unlawfully setting fire to relevant property. 1 "infectious" includes contagious. 2 "relevant property" means-- 3 (a) complete or incomplete premises; or 4 (b) a complete or incomplete vehicle; or 5 (c) a mine or a mine's workings, fittings or appliances; or 6 (d) a stack of cultivated vegetable produce, or of mineral or vegetable 7 fuel; or 8 (e) a crop of cultivated vegetable produce, hay or grass, whether 9 standing or cut; or 10 (f) a stand, paddock or other area of trees, shrubs or grass. 11 by placing explosive or noxious substance 12 Danger 191.(1) A person must not wilfully and unlawfully put an explosive or 13 noxious substance in a place in circumstances that the substance may cause 14 damage to property. 15 Maximum penalty--3 years imprisonment. 16 17 Crime--causing danger to property by placing explosive or noxious substance. (2) A person must not put an explosive or noxious substance in a place, 18 with intent to commit the crime of unlawful damage. 19 Maximum penalty--14 years imprisonment. 20 21 Crime--placing explosive or noxious substance in a place with intent. mines 22 Damaging 192.(1) A person must not unlawfully and with intent to damage a 23 mine-- 24 (a) obstruct the mine, including, for example, by running water into 25 the mine or into an underground passage leading into the mine; or 26 (b) interfere with equipment connected or used with the mine. 27 Maximum penalty--7 years imprisonment. 28

 


 

s 193 113 s 193 Criminal Code 1 Crime--obstructing a mine, or interfering with mine equipment, with intent. (2) Subsection (1)(a) does not apply to an act done underground when 2 working an adjoining mine. 3 (3) In this section-- 4 "equipment" includes an appliance, apparatus, cable or machinery and 5 incomplete equipment. 6 "interfere" with equipment means detrimentally interfere with the 7 equipment's effective or efficient operation. 8 CHAPTER 4--PUBLIC ORDER AND AUTHORITY 9 OFFENCES 10 ART 1--SEDITION, INTERFERING WITH 11 P POLITICAL LIBERTY AND INFLUENCING MLAs 12 of "seditious intention" 13 Meaning 193.(1) An intention is a "seditious intention" if it is not justified by 14 subsection (2) and is an intention-- 15 (a) to bring the Sovereign into hatred or contempt; or 16 (b) to excite disaffection against-- 17 (i) the Sovereign; or 18 (ii) the Government of Queensland as established under law; or 19 (iii) the Constitution of Queensland; or 20 (iv) the Legislative Assembly; or 21 (v) the administration of justice; or 22 (c) to excite Queensland residents to attempt to change, in an 23 unlawful way, anything established under Queensland law; or 24

 


 

s 194 114 s 194 Criminal Code (d) to raise disaffection among Queensland residents; or 1 (e) to promote a feeling of enmity between different groups of 2 Queensland residents. 3 (2) It is lawful for a person acting in good faith to-- 4 (a) try to show the Sovereign has been mistaken or misled in the 5 Sovereign's advices; or 6 (b) point out, so that they can be remedied, mistakes or defects in-- 7 (i) the government of Queensland; or 8 (ii) the Constitution of Queensland; or 9 (iii) Acts; or 10 (iv) the administration of justice; or 11 (c) excite Queensland residents to attempt in a lawful way to change 12 anything established under Queensland law; or 13 (d) point out things that produce, or tend to produce, a feeling of 14 enmity between different groups of Queensland residents so that 15 the things can be remedied. 16 17 Sedition 194.(1) A person must not-- 18 (a) undertake an enterprise to carry out a seditious intention; or 19 (b) intentionally publish seditious words or seditious writing. 20 Maximum penalty-- 21 (a) 7 years imprisonment, if the person has been convicted 22 previously of the offence; or 23 (b) 3 years imprisonment, in any other case. 24 25 Crime-- 26 (a) sedition--aggravated; 27 (b) sedition. (2) A person may be prosecuted for the crime only if the prosecution is 28 started within 6 months after the crime is committed. 29

 


 

s 195 115 s 197 Criminal Code (3) Also, a person cannot be prosecuted for the crime without the 1 Attorney-General's consent. 2 (4) In this section-- 3 "seditious words" means words stating a seditious intention. 4 "seditious writing" means writing, including anything intended to be read, 5 stating a seditious intention. 6 with political liberty 7 Interfering 195. A person must not unlawfully use violence, threats or intimidation 8 to hinder or interfere with the free exercise or performance of anyone's 9 political right or duty. 10 Maximum penalty--3 years imprisonment. 11 12 Crime--interfering with political liberty. interfering with an election 13 Unlawfully 196.(1) A person must not unlawfully do an act with intent to-- 14 (a) interfere with the lawful conduct of an election; or 15 (b) improperly influence the result of an election. 16 Maximum penalty--7 years imprisonment. 17 18 Crime--interfering with an election. (2) In this section-- 19 "election" includes-- 20 (a) an election for the Legislative Assembly or a local government; 21 and 22 (b) an election held under an Act to fill a public office. 23 to unlawfully influence MLA 24 Attempt 197.(1) A person must not by unlawful threats or intimidation, or 25 dishonestly by any deception-- 26 (a) attempt to influence a member of the Legislative Assembly in the 27

 


 

s 198 116 s 199 Criminal Code member's vote, opinion, judgment or action about anything to be 1 decided in the Legislative Assembly or any of its committees; or 2 (b) attempt to induce a member of the Legislative Assembly to be 3 absent from the Legislative Assembly or any of its committees. 4 Maximum penalty--7 years imprisonment. 5 6 Crime--attempting to unlawfully influence an MLA. (2) It is immaterial whether the attempt is direct or indirect. 7 ART 2--PUBLIC ADMINISTRATION OFFENCES 8 P official secret 9 Disclosing 198. A person who is or has been a public officer must not unlawfully 10 publish or communicate-- 11 (a) information coming, or that came, to the person's knowledge 12 because of the office and that the person has a duty to keep secret; 13 or 14 (b) a document coming, or that came, into the person's possession 15 because of the office and that the person has a duty to keep secret. 16 Maximum penalty--3 years imprisonment. 17 18 Crime--disclosing official secrets. of office by public officer 19 Abuse 199. A public officer must not unlawfully and with intent to gain a 20 benefit for, or cause a detriment to, anyone-- 21 (a) act on knowledge or information gained because of the officer's 22 office or employment; or 23 (b) perform a function of the officer's office or employment in 24 relation to anything in which the officer has a direct or indirect 25 financial interest; or 26

 


 

s 200 117 s 201 Criminal Code (c) fail to perform a function of the officer's office; or 1 (d) abuse the officer's office or its powers. 2 Maximum penalty--7 years imprisonment. 3 4 Crime--abuse of office by a public officer. of duty by public officer 5 Breach 200. A public officer must not unlawfully and in breach of the officer's 6 duty-- 7 (a) make a false entry in a document; or 8 (b) fail to make an entry in a document; or 9 (c) give a certificate that is false in a material particular; or 10 (d) falsify or damage a document by doing or not doing anything; or 11 (e) give a return about property or remuneration that is false in a 12 material particular; or 13 (f) fail to give a return about property or remuneration; or 14 (g) fail to give other information that the officer is required under law 15 to give. 16 Maximum penalty--3 years imprisonment. 17 18 Crime--breach of duty by a public officer. or resisting public officer 19 Obstructing 201. A person must not unlawfully obstruct a public officer in the 20 exercise of a power, or the performance of a function, of the office. 21 Maximum penalty--3 years imprisonment. 22 23 Crime--obstructing a public officer.

 


 

s 202 118 s 204 Criminal Code PART 3--JUSTICE ADMINISTRATION OFFENCES 1 attempting to influence juror 2 Dishonestly 202.(1) A person must not dishonestly attempt to influence anyone in the 3 other person's conduct as a juror in a judicial proceeding. 4 Maximum penalty--7 years imprisonment. 5 6 Crime--dishonestly attempting to influence a juror. (2) It is immaterial whether or not the other person has been sworn as a 7 juror. 8 (3) In this section-- 9 "dishonestly" includes by threats or intimidation. 10 juror 11 Threatening 203. A person must not threaten to cause a detriment to anyone because 12 of anything done by the other person as a juror in a judicial proceeding. 13 Maximum penalty--7 years imprisonment. 14 15 Crime--threatening a juror. 16 Perjury 204.(1) A person must not, in a judicial proceeding or for starting a 17 judicial proceeding, knowingly give false testimony about anything that is 18 material to an issue pending in the proceeding, or intended to be raised in 19 the proceeding. 20 Maximum penalty-- 21 (a) life imprisonment, if the person commits the offence to obtain the 22 conviction of anyone for an offence of a type for which the 23 penalty, or maximum penalty, is life imprisonment; or 24 (b) 14 years imprisonment, in any other case. 25 26 Crime-- 27 (a) perjury to obtain a conviction for an offence punishable with life 28 imprisonment;

 


 

s 205 119 s 205 Criminal Code 1 (b) perjury. (2) It is immaterial-- 2 (a) whether the testimony is given on oath or under another sanction 3 authorised by law; or 4 (b) what forms and ceremonies are used to bind the person giving the 5 testimony to speak the truth, if the person assents to the forms 6 and ceremonies used; or 7 (c) whether the testimony is given orally or in writing; or 8 (d) whether or not the tribunal concerned is appropriately constituted 9 or conducts its proceedings in the appropriate place, if it acts as a 10 tribunal in the judicial proceeding; or 11 (e) whether or not the person who gives the testimony is a competent 12 witness; or 13 (f) whether or not the testimony is admissible in the judicial 14 proceeding. 15 (3) The issue about whether or not anything is material to an issue 16 pending in a judicial proceeding, or intended to be raised in a judicial 17 proceeding, is an issue of law. 18 (4) If, on the trial of a person for perjury, the jury is satisfied-- 19 (a) the person made 2 statements on oath or under another sanction 20 authorised by law and 1 of the statements irreconcilably conflicts 21 with the other; and 22 (b) 1 of the statements was made by the person knowing it to be false 23 but the jury cannot say which statement was made in that way; 24 the jury may make a special finding to that effect and find the person guilty 25 of perjury. 26 evidence with intent 27 Fabricating 205.(1) A person must not fabricate evidence with intent to mislead a 28 tribunal in a judicial proceeding. 29 Maximum penalty--7 years imprisonment. 30 31 Crime--fabricating evidence with intent.

 


 

s 206 120 s 209 Criminal Code (2) Subsection (1) does not apply if the fabrication of the evidence is 1 perjury or counselling or procuring the commission of perjury. 2 fabricated evidence with intent 3 Using 206. A person must not knowingly use fabricated evidence with intent to 4 mislead a tribunal in a judicial proceeding. 5 Maximum penalty--7 years imprisonment. 6 7 Crime--knowingly using fabricated evidence with intent. witness with intent 8 Deceiving 207. A person must not deceive or attempt to deceive anyone called, or to 9 be called, as a witness in a judicial proceeding with intent to affect the other 10 person's testimony as a witness. 11 Maximum penalty--3 years imprisonment. 12 13 Crime--deceiving, or attempting to deceive, a witness with intent. evidence with intent 14 Damaging 208. A person who knows anything is, or may be, needed in evidence in 15 a judicial proceeding must not damage it with intent to stop it being used in 16 evidence. 17 Maximum penalty--7 years imprisonment. 18 19 Crime--damaging evidence with intent. witness from attending tribunal 20 Stopping 209.(1) A person must not wilfully stop, or attempt to stop, a person 21 who has been properly summoned to attend as a witness before a tribunal 22 from attending as a witness, or from producing anything in evidence, under 23 the summons. 24 (2) In this section-- 25 "summons" includes subpoena. 26

 


 

s 210 121 s 211 Criminal Code Maximum penalty--7 years imprisonment. 1 2 Crime--wilfully stopping, or attempting to stop, a witness from attending a tribunal. to bring false accusation 3 Conspiring 210.(1) A person (the "conspirator") must not conspire with anyone to 4 charge a person, or cause a person to be charged, with an offence (the 5 "claimed offence"), if the conspirator-- 6 (a) knows the person is innocent of the claimed offence; or 7 (b) does not believe the person is guilty of the claimed offence. 8 Maximum penalty-- 9 (a) life imprisonment, if the claimed offence is of a type for which 10 the penalty, or maximum penalty, is life imprisonment; or 11 (b) 14 years imprisonment, if the claimed offence is of a type for 12 which the maximum penalty is another term of imprisonment; or 13 (c) 7 years imprisonment, in any other case. 14 15 Crime-- 16 (a) conspiracy to falsely charge with an offence punishable with life 17 imprisonment; 18 (b) conspiracy to falsely charge with an offence punishable with 19 imprisonment; 20 (c) conspiracy to falsely charge with an offence. (2) It is immaterial whether the claimed offence is claimed to have been 21 committed in or outside Queensland. 22 (3) A person cannot be prosecuted for the crime without the 23 Attorney-General's consent. 24 to obstruct justice 25 Conspiring 211.(1) A person must not conspire with anyone to obstruct the course 26 of justice. 27 Maximum penalty--7 years imprisonment. 28 29 Crime--conspiracy to obstruct justice.

 


 

s 212 122 s 214 Criminal Code (2) A person cannot be prosecuted for the crime without the 1 Attorney-General's consent. 2 to obstruct justice 3 Attempting 212. A person must not attempt to obstruct the course of justice. 4 Maximum penalty--14 years imprisonment. 5 6 Crime--attempting to obstruct justice. to take arrested person before Magistrates Court 7 Delaying 213. If a person arrests anyone for an offence, the person must not 8 wilfully delay taking the other person before a Magistrates Court to be dealt 9 with under law. 10 Maximum penalty--3 years imprisonment. 11 12 Crime--wilfully delaying to take an arrested person before a Magistrates Court. with property under lawful seizure 13 Interfering 214.(1) A person must not interfere with property attached or taken 14 under the process or authority of a court with intent to obstruct the course of 15 justice. 16 Maximum penalty--7 years imprisonment. 17 18 Crime--interfering with lawfully seized property with intent. (2) In this section-- 19 "interfere with" means receive, take away, keep, hide or dispose of. 20

 


 

s 215 123 s 218 Criminal Code ART 4--PUBLIC AUTHORITY OFFENCES 1 P of part 2 Application 215. This part does not apply to the custody of a person under the Mental 3 Health Act 1974, section 66,16 or who is a child in care within the meaning 4 of the Children's Services Act 1965, unless the person is held in a prison. 5 person to escape from lawful custody 6 Aiding 216. A person must not-- 7 (a) aid anyone in lawful custody to escape, or to attempt to escape, 8 from lawful custody; or 9 (b) give anything to anyone in lawful custody, or deliver anything to 10 a place where anyone is or will be in lawful custody, with intent 11 to aid anyone to escape from lawful custody. 12 Maximum penalty--7 years imprisonment. 13 14 Crime--aiding escape from lawful custody. person from lawful custody without authority 15 Freeing 217. A person must not free anyone from lawful custody without 16 authority. 17 Maximum penalty--7 years imprisonment. 18 19 Crime--freeing person from lawful custody without authority. from lawful custody 20 Escaping 218. A person must not escape from lawful custody. 21 Maximum penalty--7 years imprisonment. 22 23 Crime--escaping from lawful custody. 16 Section 66 (Provisions as to custody, conveyance and detention).

 


 

s 219 124 s 222 Criminal Code escape from lawful custody 1 Permitting 219. A person responsible for keeping anyone in lawful custody must 2 not permit the other person to escape. 3 Maximum penalty--7 years imprisonment. 4 5 Crime--permitting a person to escape from lawful custody. etc. escaped prisoner 6 Harbouring 220. A person must not harbour, maintain or employ anyone knowing 7 the other person has escaped from lawful custody. 8 Maximum penalty--2 years imprisonment. 9 10 Crime--harbouring an escapee from lawful custody. statements on oath etc. 11 False 221.(1) A person must not state anything the person knows is false in a 12 material particular in a statement that-- 13 (a) is permitted under law to be verified on oath or in another way; 14 and 15 (b) is verified by the person in the way permitted under law. 16 Maximum penalty--7 years imprisonment. 17 18 Crime--verifying a false statement. (2) The issue of materiality is an issue of law. 19 false statements 20 Other 222.(1) A person must not state anything the person knows is false in a 21 material particular in a statement that-- 22 (a) is permitted under law to be made before someone else; and 23 (b) is made by the person before the other person. 24 Maximum penalty--3 years imprisonment. 25 26 Crime--making a false statement before someone else. (2) The issue of materiality is an issue of law. 27

 


 

s 223 125 s 224 Criminal Code statements--false statements 1 Contradictory 223.(1) This section applies if a person is on trial for the crime of 2 verifying a false statement 17 or making a false statement before someone 3 else.18 4 (2) If the jury is satisfied-- 5 (a) the person has made 2 statements and 1 of the statements 6 irreconcilably conflicts with the other; and 7 (b) 1 of the statements was made by the person knowing it to be false 8 in a material particular but the jury cannot say which statement 9 was made in that way; 10 the jury may make a special finding to that effect and find the person guilty 11 of the crime charged. 12 lawful order issued by court or under Act 13 Disobeying 224.(1) A person must not unlawfully disobey a lawful order issued by a 14 court, or a person authorised under an Act to make the order. 15 Maximum penalty-- 16 (a) 5 years imprisonment, if the order is made under 17 section 416(2);19 or 18 (b) 5 years imprisonment or 2000 penalty units, if the order is made 19 under section 417(7);20 or 20 (c) 1 year imprisonment, in any other case. 21 22 Crime-- 23 (a) unlawfully disobeying a lawful order prohibiting publication about a drugs 24 misuse offence; 25 (b) unlawfully disobeying a lawful order prohibiting publication of identifying 26 matter about a person charged with attending a place being used for 17 Section 221 (False statements on oath etc.) 18 Section 222 (Other false statements) 19 Section 416 (Power to prohibit publication of drugs misuse offence proceedings) 20 Section 417 (Certificate of discharge for s 290 crime)

 


 

s 225 126 s 225 Criminal Code 1 unlawful prostitution; 2 (c) unlawfully disobeying a lawful order. (2) Subsection (1) does not apply if a way of proceeding against the 3 person for the disobedience is specifically provided by an Act and is 4 intended to exclude all other punishment. 5 (3) A person cannot be prosecuted for the crime without a State law 6 officer's consent. 7 (4) This section has effect subject to section 8.21 8 to stop enforcement of Act 9 Conspiring 225.(1) A person must not conspire with anyone to stop the enforcement 10 of an Act. 11 Maximum penalty--3 years imprisonment. 12 13 Crime--conspiracy to stop an Act's enforcement. (2) A person cannot be prosecuted for the crime without the 14 Attorney-General's consent. 15 (3) In this section-- 16 "enforcement" includes execution. 17 "stop" includes defeat. 18 21 Section 8 (Code does not limit contempt of court jurisdiction)

 


 

s 226 127 s 226 Criminal Code HAPTER 5--OTHER PUBLIC INTEREST 1 C OFFENCES 2 ART 1--SEXUAL OFFENCES 3 P dealing with child under 16 4 Indecently 226.(1) A person must not unlawfully and indecently deal with a child 5 under 16 years. 6 Maximum penalty-- 7 (a) 14 years imprisonment, if-- 8 (i) the child is, to the person's knowledge, the person's 9 descendant; or 10 (ii) the person is the child's guardian or has the child under the 11 person's care; or 12 (iii) the child is under 12 years; or 13 (b) 7 years imprisonment, in any other case. 14 15 Crime-- 16 (a) indecently dealing-- 17 (i) with a child under 16 by an ancestor; 18 (ii) with a child under 16 by a guardian or carer; 19 (iii) with a child under 12; 20 (b) indecently dealing with a child under 16. (2) Without limiting subsection (1), a person is taken to unlawfully and 21 indecently deal with a child under 16 years if the person-- 22 (a) unlawfully procures the child to commit an indecent act; or 23 (b) unlawfully permits himself or herself to be indecently dealt with 24 by the child; or 25 (c) wilfully and unlawfully exposes the child to an indecent act by 26 anyone; or 27 (d) without legitimate reason, wilfully exposes the child to indecent 28

 


 

s 227 128 s 227 Criminal Code material; or 1 (e) unlawfully uses the child for anyone's sexual gratification. 2 (3) If the child was at least 12 years when the crime was committed, it is 3 a defence to prove the person reasonably believed that the child was at least 4 16 years. 5 (4) In this section-- 6 "deal with" includes do an act that, if done without consent, would be an 7 assault. 8 "material" includes objects and documents. 9 intercourse with female under 16 10 Vaginal 227.(1) A person must not have unlawful vaginal intercourse with a 11 female child under 16 years. 12 Maximum penalty-- 13 (a) life imprisonment, if-- 14 (i) the person is the child's guardian or has the child under the 15 person's care; or 16 (ii) the child is under 12 years; or 17 (b) 5 years imprisonment, in any other case. 18 19 Crime-- 20 (a) having unlawful vaginal intercourse-- 21 (i) with a female under 16, by a guardian or carer; 22 (ii) with a female under 12; 23 (b) having unlawful vaginal intercourse with a female under 16. (2) If the child was at least 12 years when the crime was committed, it is 24 a defence to prove the person reasonably believed the child was at least 16 25 years. 26 (3) If a prosecution of a person for the crime is not started within 2 years 27 after the crime is committed, the person cannot be prosecuted for the crime 28 without a State law officer's consent. 29

 


 

s 228 129 s 229 Criminal Code a child under 16 for an immoral purpose 1 Taking 228.(1) A person must not take a child under 16 years for anyone to do 2 an act in relation to the child that is the crime of indecently dealing with a 3 child under 1622 or having unlawful vaginal intercourse with a female under 4 16.23 5 Maximum penalty-- 6 (a) life imprisonment, if the child is a female under 12 years and the 7 act is the crime of having unlawful vaginal intercourse with a 8 female under 16 years; or 9 (b) 10 years imprisonment, if the child is under 12 years and the act 10 is the crime of indecently dealing with a child under 16; or 11 (c) 5 years imprisonment, in any other case. 12 13 Crime-- 14 (a) taking a female under 12 for unlawful vaginal intercourse; 15 (b) taking a child under 12 for indecently dealing; 16 (c) taking a child under 16 for an immoral purpose. (2) It is immaterial whether or not the child is taken for a particular 17 person to do the act concerned. 18 (3) If the child was at least 12 years when the crime was committed, it is 19 a defence to prove the person reasonably believed the child was at least 20 16 years. 21 a child for anal intercourse 22 Taking 229.(1) A person must not take a child for anyone to do an act in relation 23 to the child that is the crime of having anal intercourse with a child.24 24 Maximum penalty-- 25 (a) life imprisonment, if the child is under 12 years; or 26 22 Section 226 (Indecently dealing with child under 16) 23 Section 227 (Vaginal intercourse with female under 16) 24 Section 243 (Anal intercourse with a child)

 


 

s 230 130 s 230 Criminal Code (b) 7 years imprisonment, in any other case. 1 2 Crime-- 3 (a) taking a child under 12 for anal intercourse; 4 (b) taking a child for anal intercourse. (2) It is immaterial whether or not the child is taken for a particular 5 person to do the act concerned. 6 (3) If the child was at least 12 years when the crime was committed it is 7 a defence to prove the person reasonably believed the child was an adult. 8 a sexual relationship with a child under 16 9 Maintaining 230.(1) An adult must not maintain an unlawful relationship of a sexual 10 nature with a child under 16 years. 11 Maximum penalty-- 12 (a) life imprisonment, if, in the course of the relationship, the adult 13 commits a sexual offence for which the adult is liable to 14 imprisonment for life or at least 14 years; or 15 (b) 14 years imprisonment, if, in the course of the relationship, the 16 adult commits a sexual offence for which the adult is liable to 17 imprisonment for at least 5 years; or 18 (c) 7 years imprisonment, in any other case. 19 20 Crime-- 21 (a) maintaining an unlawful sexual relationship, with a child under 16, 22 involving a sexual offence punishable by imprisonment for life or at least 23 14 years; 24 (b) maintaining an unlawful sexual relationship, with a child under 16, 25 involving a sexual offence punishable by imprisonment for at least 26 5 years; 27 (c) maintaining an unlawful sexual relationship with a child under 16. (2) An adult is not liable to be convicted of the crime unless the adult has, 28 as an adult, done an act that is a relevant sexual offence in relation to the 29 child at least 3 times while the adult maintained the claimed unlawful 30 relationship. 31 (3) Evidence the adult did the act in relation to the child is admissible 32

 


 

s 231 131 s 231 Criminal Code against the adult and is probative of the unlawful relationship being 1 maintained even if it does not disclose the date or exact circumstances of the 2 act. 3 (4) If the child was at least 12 years when the crime was committed, it is 4 a defence to prove the adult reasonably believed throughout the relationship 5 that the child was at least 16 years. 6 (5) A person cannot be prosecuted for the crime without a State law 7 officer's consent. 8 (6) In this section-- 9 "relevant sexual offence" means a sexual offence other than the crime of 10 indecently dealing with a child under 16 constituted only by wilfully 11 exposing the child to indecent material without a legitimate reason as 12 mentioned in section 226(2)(d).25 13 "sexual offence" means an offence of a sexual nature. 14 of premises inducing child under 16 to be on the premises to 15 Owner be abused 16 231.(1) An owner of premises must not induce a child under 16 years to 17 be on the premises for anyone to do an act in relation to the child that is any 18 of the following crimes-- 19 indecently dealing with a child under 16 20 having unlawful vaginal intercourse with a female under 16 21 incest with female 22 incest with male.26 23 Maximum penalty-- 24 (a) life imprisonment, if-- 25 (i) the child is a female under 12 years and the act is the crime 26 of having unlawful vaginal intercourse with a female 27 25 Section 226 (Indecently dealing with child under 16) 26 Sections 226 (Indecently dealing with child under 16), 227 (Vaginal intercourse with female under 16), 244 (Incest with female) and 245 (Incest with male)

 


 

s 232 132 s 232 Criminal Code under 16; or 1 (ii) the act is the crime of incest with female or incest with male; 2 or 3 (b) 10 years imprisonment, if the child is under 12 years and the act 4 is the crime of indecently dealing with a child under 16; or 5 (c) 7 years imprisonment, in any other case. 6 7 Crime-- 8 (a) inducing-- 9 (i) a female under 12 to be on premises for unlawful vaginal 10 intercourse; 11 (ii) a child under 16 to be on premises for incest; 12 (b) inducing a child under 12 to be on premises for indecently dealing; 13 (c) inducing a child under 16 to be on premises for an immoral act. (2) It is immaterial whether or not the child is induced to be on the 14 premises for a particular person to do the act concerned. 15 (3) If the act was the crime of indecently dealing with a child under 16 or 16 having unlawful vaginal intercourse with a female under 1627 and the child 17 concerned was at least 12 years when the act happened, it is a defence to 18 prove the owner reasonably believed the child was at least 16 years. 19 (4) In this section-- 20 "induce" includes knowingly permit. 21 "owner", of premises, includes the occupier of the premises and anyone 22 having, or acting or helping in, the control or management of the 23 premises. 24 of premises inducing child to be on the premises for anal 25 Owner intercourse 26 232.(1) An owner of premises must not induce a child to be on the 27 27 Sections 226 (Indecently dealing with child under 16) and 227 (Vaginal intercourse with female under 16)

 


 

s 233 133 s 233 Criminal Code premises for anyone to do an act in relation to the child that is the crime of 1 having anal intercourse with a child.28 2 Maximum penalty-- 3 (a) life imprisonment, if the child is under 12 years; or 4 (b) 7 years imprisonment, in any other case. 5 6 Crime-- 7 (a) inducing a child under 12 to be on premises for anal intercourse; 8 (b) inducing a child to be on premises for anal intercourse. (2) It is immaterial whether or not the child is induced to be on the 9 premises for a particular person to do the act concerned. 10 (3) If the child was at least 12 years when the act happened, it is a 11 defence to prove the owner reasonably believed the child was an adult. 12 (4) In this section-- 13 "induce" includes knowingly permit. 14 "owner", of premises, includes the occupier of the premises and anyone 15 having, or acting or helping in, the control or management of the 16 premises. 17 sexual intercourse with a person who has an intellectual or 18 Unlawful psychiatric impairment 19 233.(1) A person must not have, or attempt to have, unlawful sexual 20 intercourse with someone who has an intellectual or psychiatric impairment. 21 Maximum penalty-- 22 (a) life imprisonment, if the person is the other person's guardian or, 23 for the time being, has the other person under the person's care; 24 or 25 (b) 7 years imprisonment, in any other case. 26 27 Crime--having, or attempting to have, unlawful sexual intercourse-- 28 (a) with a person who has an intellectual or psychiatric impairment by a 28 Section 243 (Anal intercourse with a child)

 


 

s 234 134 s 234 Criminal Code 1 guardian or carer; 2 (b) with a person who has an intellectual or psychiatric impairment. (2) It is a defence to prove-- 3 (a) the person reasonably believed the other person was not a person 4 who has an intellectual or psychiatric impairment; or 5 (b) the act that was the crime was not, in the circumstances, sexual 6 exploitation of the other person. 7 dealing with a person who has an intellectual or 8 Indecently psychiatric impairment 9 234.(1) A person must not unlawfully and indecently deal with someone 10 who has an intellectual or psychiatric impairment. 11 Maximum penalty-- 12 (a) 14 years imprisonment, if the other person is, to the person's 13 knowledge, the person's descendant; or 14 (b) 10 years imprisonment, if the person is the other person's 15 guardian or has the other person under the person's care; or 16 (c) 5 years imprisonment, in any other case. 17 18 Crime-- 19 (a) indecently dealing with a person who has an intellectual or psychiatric 20 impairment by an ancestor; 21 (b) indecently dealing with a person who has an intellectual or psychiatric 22 impairment by a guardian or carer; 23 (c) indecently dealing with a person who has an intellectual or psychiatric 24 impairment. (2) Without limiting subsection (1), a person is taken to unlawfully and 25 indecently deal with someone who has an intellectual or psychiatric 26 impairment if the person-- 27 (a) unlawfully procures the other person to commit an indecent act; 28 or 29 (b) unlawfully permits himself or herself to be indecently dealt with 30 by the other person; or 31

 


 

s 235 135 s 236 Criminal Code (c) wilfully and unlawfully exposes the other person to an indecent 1 act by anyone; or 2 (d) without legitimate reason, wilfully exposes the other person to 3 indecent material; or 4 (e) unlawfully uses the other person for anyone's sexual gratification. 5 (3) It is a defence to prove-- 6 (a) the person reasonably believed the other person was not a person 7 who has an intellectual or psychiatric impairment; or 8 (b) the act or omission that was the crime was not, in the 9 circumstances, sexual exploitation of the other person. 10 (4) In this section-- 11 "deal with" includes do an act that, if done without consent, would be an 12 assault. 13 "material" includes objects and documents. 14 a child for sexual intercourse 15 Procuring 235.(1) A person must not procure a child for the purpose of the child 16 engaging in sexual intercourse. 17 Maximum penalty--14 years imprisonment. 18 19 Crime--procuring a child for sexual intercourse. (2) It is immaterial whether the sexual intercourse is to be engaged in in 20 Queensland or elsewhere. 21 (3) In this section-- 22 "procure" means knowingly entice or recruit for sexual exploitation. 23 a person who has an intellectual or psychiatric impairment 24 Procuring for sexual intercourse 25 236.(1) A person must not procure anyone who has an intellectual or 26 psychiatric impairment for the purpose of the other person engaging in 27 sexual intercourse. 28 Maximum penalty--14 years imprisonment. 29

 


 

s 237 136 s 238 Criminal Code 1 Crime--procuring a person who has an intellectual or psychiatric impairment for 2 sexual intercourse. (2) It is immaterial whether the sexual intercourse is to be engaged in in 3 Queensland or elsewhere. 4 (3) In this section-- 5 "procure" means knowingly entice or recruit for sexual exploitation. 6 sexual acts by deception or coercion 7 Procuring 237.(1) A person must not procure anyone for the purpose of the other 8 person engaging in a sexual act-- 9 (a) by any deception as to the nature of the act or who the person is; 10 or 11 (b) by threats or intimidation. 12 Maximum penalty-- 13 (a) 14 years imprisonment, if the other person is a child under 14 16 years, or a person who has an intellectual or psychiatric 15 impairment; or 16 (b) 7 years imprisonment in any other case. 17 18 Crime-- 19 (a) unlawfully procuring a child under 16, or a person who has an intellectual 20 or psychiatric impairment, to engage in a sexual act; 21 (b) unlawfully procuring a person to engage in a sexual act. 22 Examples of deception-- 23 It is deception as to who a person is if A pretends to be B. 24 It is not deception as to who a person is if A pretends to be unmarried. (2) It is immaterial whether the sexual act is to be engaged in in 25 Queensland or elsewhere. 26 person to allow sexual act to be engaged in 27 Drugging 238.(1) A person must not, with intent to stupefy anyone without the 28 other person's consent and to allow a sexual act to be engaged in with the 29

 


 

s 239 137 s 240 Criminal Code other person-- 1 (a) administer a drug or other thing to the other person; or 2 (b) cause the other person to take a drug or other thing. 3 Maximum penalty-- 4 (a) 14 years imprisonment, if the other person is a child under 5 16 years, or a person who has an intellectual or psychiatric 6 impairment; or 7 (b) 7 years imprisonment in any other case. 8 9 Crime-- 10 (a) drugging a child under 16, or a person who has an intellectual or 11 psychiatric impairment, to allow a sexual act to be engaged in; 12 (b) drugging a person to allow a sexual act to be engaged in. (2) In this section-- 13 "stupefy" includes overpower. 14 acts or shows with intent to insult 15 Indecent 239.(1) A person must not do an indecent act, or exhibit an indecent 16 show, with intent to insult anyone. 17 Maximum penalty--2 years imprisonment. 18 19 Crime--doing something indecent with intent to insult. (2) In this section-- 20 "insult" includes offend. 21 "show" includes performance. 22 use of obscene materials 23 Public 240.(1) A person must not knowingly and unlawfully-- 24 (a) publicly sell obscene material or expose obscene material for sale; 25 or 26 (b) expose obscene material to view in a place to which the public has 27 access. 28

 


 

s 241 138 s 241 Criminal Code Maximum penalty-- 1 (a) 7 years imprisonment, if the obscene material depicts a child 2 under 16 years (whether or not engaged in sexual activity) in a 3 way that is likely to cause offence to a reasonable adult; or 4 (b) 2 years imprisonment in any other case. 5 6 Crime-- 7 (a) dealing with obscene material depicting a child under 16; 8 (b) dealing with obscene material. (2) It is immaterial whether or not an amount is charged for admitting the 9 public to the place. 10 (3) It is a defence to prove the sale or exposure was for the public benefit. 11 (4) The issue of whether or not the sale or exposure was for the public 12 benefit is an issue of fact. 13 (5) In this section-- 14 "material" includes objects and documents. 15 "sell" includes hire. 16 exhibition of indecent show 17 Public 241.(1) A person must not knowingly and unlawfully publicly exhibit an 18 indecent show. 19 Maximum penalty-- 20 (a) 14 years imprisonment, if a person appearing in the show is, or is 21 represented to be, under 12 years; or 22 (b) 7 years imprisonment, if a person appearing in the show is, or is 23 represented to be, under 16 years; or 24 (c) 2 years imprisonment in any other case. 25 26 Crime-- 27 (a) publicly exhibiting an indecent show involving a child under 12; 28 (b) publicly exhibiting an indecent show involving a child under 16; 29 (c) publicly exhibiting an indecent show.

 


 

s 242 139 s 243 Criminal Code (2) It is immaterial whether or not an amount is charged for admission to 1 the show. 2 (3) It is a defence to prove that it was for the public benefit that the 3 indecent show was publicly exhibited. 4 (4) The issue of whether or not the public exhibition of the indecent show 5 was for the public benefit is an issue of fact. 6 (5) In this section-- 7 "show" includes performance. 8 must not permit a child under 12 to witness indecent show 9 Person 242.(1) A person must not permit a child under 12 years to witness the 10 public exhibition of an indecent show. 11 Maximum penalty--7 years imprisonment. 12 13 Crime--permitting a child under 12 to witness the public exhibition of an indecent 14 show. (2) It is a defence to prove that it was for the child's benefit that the child 15 was permitted to witness the public exhibition of the indecent show. 16 (3) The issue of whether or not it was for the child's benefit that the child 17 was permitted to witness the public exhibition of the indecent show is an 18 issue of fact. 19 (4) In this section-- 20 "show" includes performance. 21 intercourse with a child 22 Anal 243.(1) A person must not have anal intercourse with a child. 23 Maximum penalty-- 24 (a) life imprisonment, if-- 25 (i) the offence is committed in relation to a child under 26 12 years; or 27 (ii) the offence is committed in relation to child under 16 years 28 and-- 29

 


 

s 244 140 s 244 Criminal Code (A) the child is, to the person's knowledge, the person's 1 descendant; or 2 (B) the person is the child's guardian or has the child under 3 the person's care. 4 (b) 14 years imprisonment, if the offence is committed in relation to 5 a child under 16 years; or 6 (c) 7 years imprisonment in any other case. 7 8 Crime-- 9 (a) having anal intercourse with a child-- 10 (i) under 12; 11 (ii) under 16 by an ancestor, guardian or carer; 12 (b) having anal intercourse with a child under 16; 13 (c) having anal intercourse with a child. (2) If the child was at least 12 years when the crime was committed, it is 14 a defence to prove the person reasonably believed the child was an adult. 15 with female 16 Incest 244.(1) A person must not have sexual intercourse with a female the 17 person knows is the person's female relative. 18 Maximum penalty--life imprisonment. 19 20 Crime--incest with female. (2) In this section-- 21 "daughter" includes adopted daughter. 22 "female relative", of a person, means the person's-- 23 (a) mother or other female ancestor; or 24 (b) sister; or 25 (c) daughter or other female descendant. 26 "mother" includes adoptive mother. 27 "sister" includes adoptive sister. 28

 


 

s 245 141 s 247 Criminal Code with male 1 Incest 245.(1) An adult female person must not permit a male she knows is her 2 male relative to have sexual intercourse with her. 3 Maximum penalty--life imprisonment. 4 5 Crime--incest with male. (2) It is a defence to prove that, when the female permitted her male 6 relative to have sexual intercourse with her, she was acting under his 7 coercion. 8 (3) In this section-- 9 "brother" includes adoptive brother. 10 "father" includes adoptive father. 11 "male relative", of a female person, means the female's-- 12 (a) father or other male ancestor; or 13 (b) brother; or 14 (c) son or other male descendant. 15 "son" includes adopted son. 16 17 Bestiality 246. A person must not have sexual intercourse with an animal. 18 Maximum penalty--7 years imprisonment. 19 20 Crime--bestiality. of age immaterial 21 Knowledge 247.(1) This section applies to an offence against this part committed in 22 relation to a person under a stated age. 23 (2) It is immaterial that the person charged with the offence did not know 24 the person was under the age, or believed the person was not under the age. 25 (3) Subsection (2) applies unless it is stated otherwise. 26

 


 

s 248 142 s 249 Criminal Code PART 2--BREACHES OF THE PEACE 1 1--Riot 2 Division of "violence" for division 3 Meaning 248.(1) In this division-- 4 "violence" means violent conduct and includes violent conduct towards 5 property as well as towards persons. 6 (2) Violence is not restricted to conduct causing or intended to cause 7 injury or damage but includes other violent conduct. 8 9 Example of other violent conduct-- 10 Throwing a missile of a type capable of causing injury at or towards a person even 11 though the missile does not hit, or falls short of, the person and does not cause or is 12 not intended to cause injury. 13 Riot 249.(1) A person must not take part in a riot. 14 Maximum penalty-- 15 (a) life imprisonment, if there is unlawful violence consisting of, or 16 including, violent conduct towards a building and the building is 17 destroyed or partially destroyed; or 18 (b) 10 years imprisonment, in any other case. 19 20 Crime-- 21 (a) riot destroying a building; 22 (b) riot. (2) A person takes part in a riot if-- 23 (a) at least 12 persons who are present together use or threaten 24 unlawful violence for a common purpose; and 25 (b) the person is one of the persons and uses unlawful violence for 26 the common purpose; and 27 (c) the conduct of the persons (taken together) would cause a person 28

 


 

s 250 143 s 251 Criminal Code of reasonable firmness present at the scene to fear for his or her 1 personal safety. 2 (3) It is immaterial whether or not the persons use or threaten unlawful 3 violence simultaneously. 4 (4) The common purpose may be inferred from conduct. 5 (5) A person of reasonable firmness need not be, or be likely to be, 6 present at the scene. 7 (6) The crime may be committed in any place. 8 2--Affray 9 Division of "violence" for division 10 Meaning 250.(1) In this division-- 11 "violence" means violent conduct, but does not include violent conduct 12 towards property. 13 (2) Violence is not restricted to conduct causing or intended to cause 14 injury but includes other violent conduct towards persons. 15 16 Example of other violent conduct-- 17 Throwing a missile of a type capable of causing injury at or towards a person even 18 though the missile does not hit, or falls short of, the person and does not cause or is 19 not intended to cause injury. 20 Affray 251.(1) A person must not make an affray. 21 Maximum penalty--5 years imprisonment. 22 23 Crime--affray. (2) A person makes an affray if-- 24 (a) the person uses or threatens unlawful violence towards anyone; 25 and 26 (b) the person's conduct would cause a person of reasonable 27 firmness, present at the scene, to fear for his or her personal 28

 


 

s 252 144 s 254 Criminal Code safety. 1 (3) If 2 or more persons use or threaten unlawful violence, it is the 2 conduct of them (taken together) that must be considered. 3 (4) For this section, a threat cannot be made using words alone. 4 (5) A person of reasonable firmness need not be, or be likely to be, 5 present at the scene. 6 (6) The crime may be committed in any place. 7 Division 3--Other breaches of the peace 8 armed in a way likely to cause fear 9 Being 252. A person must not, without lawful excuse, be armed in public in a 10 way likely to cause fear to anyone. 11 Maximum penalty--2 years imprisonment. 12 13 Crime--being armed in a way likely to cause fear. entry 14 Forcible 253.(1) A person must not, in a way likely to cause a breach of the peace 15 or reasonable apprehension of a breach of the peace, enter land that is in 16 anyone else's actual and peaceable possession. 17 Maximum penalty--2 years imprisonment. 18 19 Crime--forcibly entering land in anyone else's possession. (2) It is immaterial whether or not the person has a right to enter the land. 20 holding 21 Forcible 254. A person in actual possession of land without the appearance of 22 right must not hold possession of it, in a way likely to cause a breach of the 23 peace or reasonable apprehension of a breach of the peace, against anyone 24 entitled by law to possess the land. 25

 


 

s 255 145 s 256 Criminal Code Maximum penalty--2 years imprisonment. 1 2 Crime--unlawfully holding land against anyone entitled to its possession. to enter or damage premises with intent to intimidate or 3 Threatening annoy 4 255. A person must not threaten to enter or damage premises with intent 5 to intimidate or annoy anyone. 6 Maximum penalty-- 7 (a) 4 years imprisonment, if the offence is committed at night; or 8 (b) 3 years imprisonment, in any other case. 9 10 Crime-- 11 (a) threatening, at night, to enter or damage premises with intent; 12 (b) threatening to enter or damage premises with intent. breach of the peace with intent to alarm 13 Committing 256. A person must not discharge a loaded firearm, or commit another 14 breach of the peace, with intent to alarm anyone. 15 Maximum penalty-- 16 (a) 4 years imprisonment, if the offence is committed at night; or 17 (b) 3 years imprisonment, in any other case. 18 19 Crime-- 20 (a) committing a breach of the peace, at night, with intent; 21 (b) committing a breach of the peace with intent.

 


 

s 257 146 s 258 Criminal Code ART 3--BRIBERY 1 P Division 1--Bribery of agents, MLAs and public officers 2 of "agent", "MLA" and "prescribed person" for division 3 Meaning 257. In this division-- 4 "agent" means-- 5 (a) an agent or employee; or 6 (b) a guardian or trustee; or 7 (c) an accountant, architect, doctor, engineer, lawyer, surveyor, valuer 8 or other professional adviser; or 9 (d) a director of a corporation, or anyone else responsible for 10 controlling or managing a corporation; or 11 (e) a member of the governing body of an unincorporated body, or 12 anyone else responsible for controlling or managing an 13 unincorporated body; or 14 (f) a partner in a partnership; or 15 (g) an adjudicator or referee; or 16 (h) a person who holds himself or herself out to the public as being 17 engaged in the business of making, for commercial purposes-- 18 (i) disinterested selections or examinations; or 19 (ii) giving disinterested opinions about property or services. 20 "MLA" means a member of the Legislative Assembly. 21 "prescribed person" means an agent, MLA or public officer. 22 an agent, MLA or public officer 23 Bribing 258. A prescribed person must not dishonestly seek or accept a benefit 24 for anyone because of anything the prescribed person has done or not done, 25 or will do or not do, as a prescribed person. 26 Maximum penalty-- 27

 


 

s 259 147 s 259 Criminal Code (a) 14 years imprisonment, if---- 1 (i) the prescribed person is an MLA who is a Minister; or 2 (ii) if the prescribed person is a public officer and the crime is 3 committed with intent to-- 4 (A) interfere with the proper administration of justice; or 5 (B) procure or assist the commission of another offence; or 6 (C) protect anyone who has committed, or intends to 7 commit, an offence from being found out or punished; 8 or 9 (b) 7 years imprisonment, in any other case. 10 11 Crime-- 12 (a) seeking or accepting a bribe-- 13 (i) as an MLA while serving as a Minister; 14 (ii) as a public officer with intent; 15 (b) seeking or accepting a bribe as the particular class of prescribed person. a bribe in relation to an agent, MLA or public officer 16 Giving 259.(1) A person (the "first person") must not dishonestly give or seek 17 to give a benefit to anyone because of anything a prescribed person has 18 done or not done, or will do or not do, as a prescribed person. 19 Maximum penalty-- 20 (a) 14 years imprisonment, if-- 21 (i) the first person is a Minister, or the prescribed person is an 22 MLA who is a Minister; or 23 (ii) the first person is a public officer, the prescribed person is an 24 MLA and the crime is committed with intent to-- 25 (A) interfere with the proper administration of justice; or 26 (B) procure or assist the commission of another offence; or 27 (C) protect anyone who has committed, or intends to 28 commit, an offence from being found out or punished; 29 or 30

 


 

s 260 148 s 260 Criminal Code (iii) the prescribed person is a public officer and the crime is 1 committed with intent to-- 2 (A) interfere with the proper administration of justice; or 3 (B) procure or assist the commission of another offence; or 4 (C) protect anyone who has committed, or intends to 5 commit, an offence from being found out or punished; 6 or 7 (b) 7 years imprisonment, in any other case. 8 9 Crime-- 10 (a) giving a bribe for the particular class of prescribed person's act or 11 omission-- 12 (i) involving a Minister; 13 (ii) by a public officer, with intent; 14 (iii) with intent; 15 (b) giving a bribe for the particular class of prescribed person's act or 16 omission. (2) It is immaterial that the prescribed person is unaware of the first 17 person's actions. 18 a bribe in relation to an agent, MLA or public officer 19 Seeking 260.(1) A person (the "first person") must not dishonestly seek or 20 accept a benefit for anyone because of anything a prescribed person has 21 done or not done, or will do or not do, as a prescribed person. 22 Maximum penalty-- 23 (a) 14 years imprisonment, if-- 24 (i) the first person is a Minister, or the prescribed person is an 25 MLA who is a Minister; or 26 (ii) the first person is a public officer, the prescribed person is an 27 MLA and the crime is committed with intent to-- 28 (A) interfere with the proper administration of justice; or 29 (B) procure or assist the commission of another offence; or 30

 


 

s 261 149 s 261 Criminal Code (C) protect anyone who has committed, or intends to 1 commit, an offence from being found out or punished; 2 or 3 (iii) the prescribed person is a public officer and the crime is 4 committed with intent to-- 5 (A) interfere with the proper administration of justice; or 6 (B) procure or assist the commission of another offence; or 7 (C) protect anyone who has committed, or intends to 8 commit, an offence from being found out or punished; 9 or 10 (b) 7 years imprisonment, in any other case. 11 12 Crime-- 13 (a) seeking or accepting a bribe for the particular class of prescribed person's 14 act or omission-- 15 (i) involving a Minister; 16 (ii) by a public officer, with intent; 17 (iii) with intent; 18 (b) seeking or accepting a bribe for the particular class of prescribed person's 19 act or omission. (2) It is immaterial that the prescribed person is unaware of the first 20 person's actions. 21 of itself no defence 22 Custom 261.(1) In a prosecution for an offence against this division committed in 23 relation to an agent, it is not a defence that the seeking, accepting or giving 24 of a benefit is customary in a trade, business or calling. 25 (2) Subsection (1) does not by implication extend the defences available 26 to a person charged with a crime against this division. 27

 


 

s 262 150 s 264 Criminal Code Division 2--Bribery relating to the administration of justice 1 a judicial officer 2 Bribing 262.(1) A judicial officer must not dishonestly seek or accept a benefit 3 for anyone because of anything the judicial officer has done or not done, or 4 will do or not do, as a judicial officer. 5 Maximum penalty--14 years imprisonment. 6 7 Crime--seeking or accepting a bribe as a judicial officer. (2) A person cannot be prosecuted for the crime without a State law 8 officer's consent. 9 a bribe in relation to a judicial officer 10 Giving 263.(1) A person must not dishonestly give or seek to give a benefit to 11 anyone because of anything a judicial officer has done or not done, or will 12 do or not do, as a judicial officer. 13 Maximum penalty--14 years imprisonment. 14 15 Crime--giving a bribe for a judicial officer's act or omission. (2) It is immaterial that the judicial officer is unaware of the person's 16 actions. 17 (3) A person cannot be prosecuted for the crime without a State law 18 officer's consent. 19 a bribe in relation to a judicial officer 20 Seeking 264.(1) A person must not dishonestly seek or accept a benefit for 21 anyone because of anything a judicial officer has done or not done, or will 22 do or not do, as a judicial officer. 23 Maximum penalty--14 years imprisonment. 24 25 Crime--seeking or accepting a bribe for a judicial officer's act or omission. (2) It is immaterial that the judicial officer is unaware of the person's 26 actions. 27

 


 

s 265 151 s 268 Criminal Code (3) A person cannot be prosecuted for the crime without a State law 1 officer's consent. 2 a bribe for anything to be done as a juror 3 Seeking 265.(1) A person must not dishonestly seek or accept a benefit because 4 of anything the person is to do as a juror in a judicial proceeding. 5 Maximum penalty--7 years imprisonment. 6 7 Crime--seeking or accepting a bribe for anything to be done as a juror. (2) It is immaterial whether or not the person has been sworn as a juror. 8 a bribe for anything done as a juror 9 Seeking 266. A person must not dishonestly seek or accept a benefit because of 10 anything the person did as a juror in a judicial proceeding. 11 Maximum penalty--7 years imprisonment. 12 13 Crime--seeking or accepting a bribe for anything done as a juror. a bribe in relation to false testimony 14 Seeking 267.(1) A person must not seek or accept a benefit for anyone under an 15 arrangement that a person called, or to be called, as a witness in a judicial 16 proceeding will give false testimony or withhold true testimony. 17 Maximum penalty--7 years imprisonment. 18 19 Crime--seeking or accepting a bribe for a witness to give false testimony. (2) In this section-- 20 "arrangement" includes agreement, contract and understanding. 21 a bribe in relation to false testimony 22 Giving 268.(1) A person must not give or seek to give a benefit to anyone under 23 an arrangement that a person called, or to be called, as a witness in a judicial 24 proceeding will give false testimony or withhold true testimony. 25 Maximum penalty--7 years imprisonment. 26

 


 

s 269 152 s 270 Criminal Code 1 Crime--giving a bribe for a witness to give false testimony. (2) In this section-- 2 "arrangement" includes agreement, contract and understanding. 3 a witness to give false testimony 4 Inducing 269. A person must not seek in a way other than that mentioned in 5 section 267 or 268 29 to induce a person called, or to be called, as a witness 6 in a judicial proceeding to give false testimony or withhold true testimony. 7 Maximum penalty--7 years imprisonment. 8 9 Crime--inducing a witness to give false testimony. etc. offences 10 Compounding 270.(1) A person must not seek or accept a benefit for anyone on an 11 agreement or understanding that the person-- 12 (a) will compound or conceal an offence; or 13 (b) will not start, or will stop or delay, a prosecution for an offence; 14 or 15 (c) will withhold evidence of an offence. 16 Maximum penalty-- 17 (a) 7 years imprisonment, if the offence is of a type punishable with 18 life imprisonment; or 19 (b) 3 years imprisonment, in any other case. 20 21 Crime-- 22 (a) seeking or accepting a bribe to affect proceedings about an offence 23 punishable with life imprisonment; 24 (b) seeking or accepting a bribe to affect proceedings about an offence. (2) This section does not apply to appropriate arrangements made for the 25 29 Sections 267 (Seeking a bribe in relation to false testimony) and 268 (Giving a bribe in relation to false testimony)

 


 

s 271 153 s 271 Criminal Code State about the start, end or delay of prosecutions for the administration of 1 an Act. 2 PART 4--ORGANISED CRIME 3 does a person engage in organised crime 4 When 271.(1) A person engages in organised crime if-- 5 (a) the person commits an organised crime offence on at least 6 3 separate occasions; and 7 (b) the organised crime offences form all or part of a substantially 8 planned and organised activity carried out by the person with at 9 least 1 other person. 10 (2) It is immaterial whether the person is charged with any of the 11 organised crime offences relied on to prove the person engaged in organised 12 crime. 13 (3) It is immaterial-- 14 (a) whether the organised crime offences are the same or different 15 types of organised crime offences; or 16 (b) whether the person committed each of the offences with the same 17 or a different person. 18 (4) In this section-- 19 "organised crime offence" means any of the following offences-- 20 (a) a crime defined in chapter 3, parts 1, 2 and 4;30 21 (b) forgery; 22 (c) fraud;31 23 30 Chapter 3 (Property offences, dishonesty offences and associated offences), part 1 (Stealing, dishonest appropriation and associated offences), part 2 (Robbery and extortion) and part 4 (Unlawful use, possession or control) 31 See sections 182 (Forgery) and 184 (Fraud).

 


 

s 272 154 s 272 Criminal Code (d) a crime against chapter 5, part 3;32 1 (e) dealing with obscene material;33 2 (f) trafficking in a-- 3 (i) schedule 1, part 1 dangerous drug; or 4 (ii) schedule 1, part 2 dangerous drug; 5 (g) knowingly participating in the provision of prostitution; 6 (h) unlawfully keeping a common gaming house; 7 (i) unlawfully opening, keeping or using a common betting house; 8 (j) unlawfully carrying on a lottery;34 9 (k) an offence against the Nature Conservation Act 1992, 10 section 88;35 11 (l) an offence against the Nature Conservation Act 1992, 12 section 89.36 13 in organised crime 14 Engaging 272.(1) A person must not engage in organised crime. 15 Maximum penalty--life imprisonment. 16 17 Crime--engaging in organised crime. (2) A prosecution for the crime must not be started without a State law 18 officer's consent. 19 32 Chapter 5 (Other public interest offences), part 3 (Bribery) 33 See section 240 (Public use of obscene materials). 34 See sections 275 (Trafficking in a dangerous drug), 289 (Knowingly participating in provision of prostitution), 301 (Keeping a common gaming house), 302 (Opening etc. a common betting house) and 303 (Opening etc. place to carry on lottery). 35 Section 88 ( Restriction on taking etc. protected animals) 36 Section 89 (Restriction on taking etc. protected plants)

 


 

s 273 155 s 274 Criminal Code PART 5--DRUG MISUSE OFFENCES 1 is a "dangerous drug" 2 What 273.(1) A "dangerous drug" is-- 3 (a) a thing specified in schedule 1, part 1 or 2; or 4 (b) if the thing specified in schedule 1, 37 part 1 or 2 is a plant--part 5 of the thing; or 6 (c) a thing mentioned in paragraph (a) or (b) contained in a natural 7 substance or in a preparation, solution or admixture. 8 (2) A reference in the Code to-- 9 (a) a thing specified in schedule 1, part 1 or 2; or 10 (b) a dangerous drug specified in schedule 1, part 3, 4 or 5; 11 includes a reference to a salt, derivative or stereo-isomer of the thing or a 12 salt of the derivative or stereo-isomer. 13 is a "drug dependent person" 14 Who 274. A "drug dependent person" is a person who-- 15 (a) because of the repeated administration of dangerous drugs to the 16 person-- 17 (i) demonstrates impaired control over the person's continued 18 use of dangerous drugs; or 19 (ii) exhibits drug-seeking behaviour suggesting impaired control 20 over the person's continued use of dangerous drugs; and 21 (b) when the administration of dangerous drugs to the person stops, 22 suffers or is likely to suffer mental or physical distress or 23 disorder. 24 37 Schedule 1 (Drugs misuse)

 


 

s 275 156 s 276 Criminal Code in a dangerous drug 1 Trafficking 275. A person must not carry on the business of unlawfully trafficking in 2 a dangerous drug. 3 Maximum penalty-- 4 (a) 25 years imprisonment, if the dangerous drug is a thing specified 5 in schedule 1,38 part 1; or 6 (b) 20 years imprisonment, if the dangerous drug is a thing specified 7 in schedule 1, part 2. 8 9 Crime-- 10 (a) trafficking in a schedule 1, part 1 dangerous drug; 11 (b) trafficking in a schedule 1, part 2 dangerous drug. a dangerous drug 12 Supplying 276.(1) A person must not unlawfully supply a dangerous drug to 13 anyone, whether or not the other person is in Queensland. 14 Maximum penalty-- 15 (a) 25 years imprisonment, if the dangerous drug is a thing specified 16 in schedule 1, part 1 and the offence is one of aggravated supply; 17 or 18 (b) 20 years imprisonment, if the dangerous drug-- 19 (i) is a thing specified in schedule 1, part 1 and the offence is 20 not one of aggravated supply; or 21 (ii) is a thing specified in schedule 1, part 2 and the offence is 22 one of aggravated supply; or 23 (c) 15 years imprisonment, if the dangerous drug is a thing specified 24 in schedule 1, part 2 and the offence is not one of aggravated 25 supply. 26 27 Crime-- 28 (a) aggravated supply of schedule 1, part 1 dangerous drug; 38 Schedule 1 (Drugs misuse)

 


 

s 276 157 s 276 Criminal Code 1 (b) (i) supply of schedule 1, part 1 dangerous drug; 2 (ii) aggravated supply of schedule 1, part 2 dangerous drug; 3 (c) supply of schedule 1, part 2 dangerous drug. (2) The offence is one of aggravated supply if the supplier is an adult and 4 the person to whom the thing is supplied-- 5 (a) is a child; or 6 (b) has an intellectual or psychiatric impairment; or 7 (c) is within an educational institution; or 8 (d) is within a correctional institution; or 9 (e) does not know the person is being supplied with the thing. 10 (3) It is a defence to a charge under subsection (1) that the charged 11 person supplied a dangerous drug specified in schedule 1, part 5 for the 12 charged person to prove the dangerous drug was-- 13 (a) prescribed for the charged person by a doctor for a condition the 14 charged person had when it was prescribed; and 15 (b) given by the charged person to someone whom the charged 16 person reasonably believed had the same or a similar condition; 17 and 18 (c) a quantity not greater than a single dosage prescribed for the 19 charged person; and 20 (d) immediately consumed by the other person in the presence of the 21 charged person. 22 (4) In this section-- 23 "supply" means-- 24 (a) administer, distribute, give, sell, supply or transport; or 25 (b) offering to do an act mentioned in paragraph (a); or 26 (c) doing or offering to do an act preparatory to, in furtherance of, or 27 for, an act mentioned in paragraph (a). 28

 


 

s 277 158 s 277 Criminal Code or possessing property derived from trafficking or 1 Receiving supplying dangerous drugs or converted property 2 277.(1) A person must not receive or possess property derived from-- 3 (a) the commission of-- 4 (i) the crime of trafficking in a dangerous drug;39 or 5 (ii) the crime of supplying a dangerous drug;40 or 6 (b) the doing of an act outside Queensland that-- 7 (i) if it had been done in Queensland would have been-- 8 (A) the crime of trafficking in a dangerous drug; or 9 (B) the crime of supplying a dangerous drug; and 10 (ii) is an offence in the place where it was done; 11 knowing or believing the property to be that type of property. 12 Maximum penalty--20 years imprisonment. 13 14 Crime--knowingly receiving or possessing property derived from trafficking in or 15 supplying a dangerous drug. (2) A person must not receive or possess property that has been 16 completely or partly converted into that property from property previously 17 received or possessed in contravention of subsection (1) knowing or 18 believing the property to be that type of property. 19 Maximum penalty--20 years imprisonment. 20 21 Crime--knowingly receiving or possessing property converted from property derived 22 from trafficking in or supplying a dangerous drug. (3) For subsection (2), property completely or partly mortgaged, pledged 23 or exchanged for other property is taken to be converted to the other 24 property. 25 (4) To prove the receiving of property it is enough to show the person 26 has, either alone or jointly with anyone, aided in hiding the property or 27 disposing of it. 28 39 See section 275 (Trafficking in a dangerous drug). 40 See section 276 (Supplying a dangerous drug).

 


 

s 278 159 s 278 Criminal Code (5) This section does not apply to the receipt or possession of a 1 dangerous drug. 2 a dangerous drug 3 Producing 278.(1) A person must not unlawfully produce a dangerous drug. 4 Maximum penalty-- 5 (a) 25 years imprisonment, if the dangerous drug is a thing-- 6 (i) specified in schedule 1, part 1 and the quantity of the thing is 7 at least the quantity specified in schedule 1, part 4 for the 8 thing; or 9 (ii) specified in schedule 1, part 1 and-- 10 (A) the quantity of the thing is at least the quantity specified 11 in schedule 1, part 3 but less than the quantity specified 12 in schedule 1, part 4 for the thing; and 13 (B) the person does not satisfy the judge that, when the 14 person committed the offence, the person was a drug 15 dependent person; or 16 (b) 20 years imprisonment, if the dangerous drug is a thing-- 17 (i) specified in schedule 1, part 1 and-- 18 (A) the quantity of the thing is at least the quantity specified 19 in schedule 1, part 3 but less than the quantity specified 20 in schedule 1, part 4 for the thing; and 21 (B) the person satisfies the judge that, when the person 22 committed the offence, the person was a drug 23 dependent person; or 24 (ii) specified in schedule 1, part 2 and the quantity of the thing is 25 at least the quantity specified in schedule 1, part 3 for the 26 thing; or 27 (iii) specified in schedule 1, part 1, in any other case; or 28 (c) 15 years imprisonment, in any other case if the dangerous drug is 29 a thing specified in schedule 1, part 2. 30 31 Crime--

 


 

s 279 160 s 279 Criminal Code 1 (a) producing-- 2 (i) a high level quantity of schedule 1, part 1 dangerous drug; 3 (ii) a certain quantity of schedule 1, part 1 dangerous drug; 4 (b) producing-- 5 (i) a high level quantity of schedule 1, part 1 dangerous drug by a drug 6 dependent person; 7 (ii) a high level quantity of schedule 1, part 2 dangerous drug; 8 (iii) a schedule 1, part 1 dangerous drug; 9 (c) producing a schedule 1, part 2 dangerous drug. (2) In this section-- 10 "judge" means the judge constituting the court before which a person is 11 convicted of a crime against this section. 12 "produce" means-- 13 (a) cultivate, manufacture, package, prepare or produce; or 14 (b) offering to do an act mentioned in paragraph (a); or 15 (c) doing or offering to do an act preparatory to, in furtherance of, or 16 for, an act mentioned in paragraph (a). 17 a dangerous drug 18 Possessing 279.(1) A person must not unlawfully possess a dangerous drug. 19 Maximum penalty-- 20 (a) 25 years imprisonment, if the dangerous drug is a thing-- 21 (i) specified in schedule 1,41 part 1 and the quantity of the thing 22 is at least the quantity specified in schedule 1, part 4 for the 23 thing; or 24 (ii) specified in schedule 1, part 1 and-- 25 (A) the quantity of the thing is at least the quantity specified 26 in schedule 1, part 3 but less than the quantity specified 27 in schedule 1, part 4 for the thing; and 28 41 Schedule 1 (Drugs misuse)

 


 

s 279 161 s 279 Criminal Code (B) the person does not satisfy the judge that, when the 1 person committed the offence, the person was a drug 2 dependent person; or 3 (b) 20 years imprisonment, if the dangerous drug is a thing-- 4 (i) specified in schedule 1, part 1 and-- 5 (A) the quantity of the thing is at least the quantity specified 6 in schedule 1, part 3 but less than the quantity specified 7 in schedule 1, part 4 for the thing; and 8 (B) the person satisfies the judge that, when the person 9 committed the offence, the person was a drug 10 dependent person; or 11 (ii) specified in schedule 1, part 2 and the quantity of the thing is 12 at least the quantity specified in schedule 1, part 3 for the 13 thing; or 14 (c) 15 years imprisonment in any other case if the dangerous drug is 15 a thing specified in schedule 1, part 1 or 2. 16 17 Crime-- 18 (a) possessing-- 19 (i) a high level quantity of schedule 1, part 1 dangerous drug; 20 (ii) a certain quantity of schedule 1, part 1 dangerous drug; 21 (b) possessing-- 22 (i) a high level quantity of schedule 1, part 1 dangerous drug by a drug 23 dependent person; 24 (ii) a high level quantity of schedule 1, part 2 dangerous drug; 25 (c) possessing a schedule 1, part 1 or 2 dangerous drug. (2) It is a defence to a charge under subsection (1) that the charged 26 person possessed a dangerous drug specified in schedule 1, part 5 for the 27 charged person to prove-- 28 (a) the dangerous drug was given to the charged person by someone 29 to whom the charged person reasonably believed it had been 30 prescribed by a doctor for the same or a similar condition with 31 which the charged person was suffering when it was given to the 32 charged person; and 33

 


 

s 280 162 s 280 Criminal Code (b) the quantity given was not more than a single dosage prescribed 1 for the other person; and 2 (c) it was immediately consumed by the charged person in the other 3 person's presence. 4 (3) In this section-- 5 "judge" means the judge constituting the court before which a person is 6 convicted of a crime against this section. 7 possession of a certain thing 8 Unlawful 280.(1) A person must not possess a thing-- 9 (a) that the person has used in connection with the commission of a 10 drugs misuse offence; or 11 (b) for use in connection with the commission of a drugs misuse 12 offence. 13 Maximum penalty--15 years imprisonment. 14 15 Crime--possessing a thing used, or for use, in connection with the commission of a 16 drugs misuse offence. (2) A person must not unlawfully possess a thing-- 17 (a) that the person has used in connection with the administration, 18 consumption or smoking of a dangerous drug; or 19 (b) for use in connection with the administration, consumption or 20 smoking of a dangerous drug. 21 Maximum penalty--2 years imprisonment. 22 23 Crime--possessing a thing used, or for use, in connection with the administration, 24 consumption or smoking of a dangerous drug. (3) Subsection (2) does not apply to the possession of a needle. 25 (4) A person must not supply a needle to anyone for use in connection 26 with the administration of a dangerous drug, whether the other person is in 27 Queensland or elsewhere. 28 Maximum penalty--2 years imprisonment. 29 30 Crime--supplying a needle to administer a dangerous drug.

 


 

s 281 163 s 282 Criminal Code (5) Subsection (4) does not apply to the supply of a needle by a doctor, 1 pharmacist or an authorised person. 2 (6) A person must take reasonable care and precautions with a needle to 3 avoid danger to the life, safety or health of anyone else. 4 Maximum penalty--2 years imprisonment. 5 6 Crime--failing to take reasonable care and precautions with a needle. (7) A person must dispose of a used needle in the way prescribed under 7 a regulation. 8 Maximum penalty--2 years imprisonment. 9 10 Crime--failure to dispose of a used needle in the prescribed way. (8) In this section-- 11 "authorised person" means a person authorised by the Minister 12 responsible for the administration of the Health Act 1937. 13 "used needle" means a needle that has been used to administer a dangerous 14 drug. 15 place to be used for drugs misuse offence 16 Permitting 281. The occupier, or the person concerned in the control or 17 management, of a place must not permit the place to be used to commit a 18 drugs misuse offence. 19 Maximum penalty--15 years imprisonment. 20 21 Crime--permitting a place to be used to commit a drugs misuse offence. to offences committed outside Queensland 22 Parties 282. If-- 23 (a) a person in Queensland is a party to an act done outside 24 Queensland; and 25 (b) the act would be a drugs misuse offence if it were done in 26 Queensland; and 27 (c) the act is an offence in the place where it is done; 28

 


 

s 283 164 s 285 Criminal Code the person commits a drugs misuse offence as if the act were done in 1 Queensland. 2 to commit offence against this part 3 Attempt 283.(1) A person who attempts to commit an offence against this part is 4 taken to commit the offence attempted. 5 (2) However, if a person is charged summarily with an offence against 6 this part, the person may be summarily convicted of attempting to commit 7 the offence. 8 of informers 9 Protection 284.(1) If an informer supplies information to a police officer about a 10 drugs misuse offence, the informer's identity must be kept confidential at 11 all times. 12 (2) A person must not disclose the name of an informer, or other 13 particular likely to lead to the informer's identification. 14 Maximum penalty--5 years imprisonment. 15 16 Crime--disclosing information likely to identify informer. (3) It is a defence to a charge under subsection (2) for the charged person 17 to prove the disclosure was made in good faith for the protection of the 18 interests of the informer or for the public good. 19 person permitted to receive and dispose of dangerous 20 Authorised drug 21 285.(1) An authorised person acting in good faith and in the proper 22 discharge of the authorised person's professional duties may receive from 23 anyone a thing the authorised person reasonably believes to be a dangerous 24 drug. 25 (2) However, the authorised person may receive a dangerous drug 26 specified in schedule 1,42 part 3 only if the authorised person reasonably 27 believes the quantity to be less than the quantity specified in schedule 1, 28 42 Schedule 1 (Drugs misuse)

 


 

s 286 165 s 286 Criminal Code part 3 for the thing. 1 (3) The authorised person must immediately dispose of the dangerous 2 drug as prescribed under a regulation. 3 (4) In this section-- 4 "authorised person" means a person authorised by the Minister 5 responsible for the administration of the Health Act 1937. 6 ART 6--PROSTITUTION 7 P for prostitution offences 8 Definitions 286. In this part-- 9 "arrangement" includes scheme, agreement, understanding, promise and 10 undertaking, whether express or implied. 11 "capacity" means ability or power (whether direct or indirect), and includes 12 ability or power that is exercisable because of, by way of, in breach of, 13 or by revocation of, any of, or any combination of, the following 14 (whether or not they are enforceable)-- 15 (a) trusts; 16 (b) arrangements; 17 (c) practices. 18 "control" means the capacity of an entity (the "first entity") to dominate, 19 directly or indirectly, decision-making in relation to the financial and 20 operating policies of another entity so as to enable the other entity to 21 operate with the first entity in pursuing the first entity's objectives. 22 "entity" means a legal, administrative or fiduciary arrangement, 23 organisational structure, or other party (including a person), having the 24 capacity to deploy scarce resources to achieve objectives. 25 "participate" means aid, control, enable, facilitate or organise. 26

 


 

s 287 166 s 288 Criminal Code of "prostitution" 1 Meaning 287.(1) A person engages in "prostitution" if the person engages in a 2 sexual act with anyone else under an arrangement of a commercial 3 character. 4 (2) It is immaterial whether-- 5 (a) the arrangement is initiated with the person engaging in the sexual 6 act or anyone else; or 7 (b) the pecuniary or other reward under the arrangement is to be 8 received by the person engaging in the sexual act or anyone else. 9 prostitution 10 Procuring 288.(1) A person must not-- 11 (a) procure anyone to engage in prostitution, either in Queensland or 12 elsewhere; or 13 (b) procure anyone to-- 14 (i) leave Queensland for the purpose of engaging in prostitution 15 elsewhere; or 16 (ii) come to Queensland for the purpose of engaging in 17 prostitution; or 18 (iii) leave the other person's usual place of residence in 19 Queensland for the purpose of engaging in prostitution, 20 either in Queensland or elsewhere. 21 Maximum penalty-- 22 (a) 14 years imprisonment, if the procured person is a child or a 23 person who has an intellectual or psychiatric impairment; or 24 (b) 7 years imprisonment, in any other case. 25 26 Crime-- 27 (a) procuring prostitution of a child or a person who has an intellectual or 28 psychiatric impairment; 29 (b) procuring prostitution of a person.

 


 

s 289 167 s 289 Criminal Code (2) In this section-- 1 "procure" includes knowingly entice or recruit for sexual exploitation. 2 participating in provision of prostitution 3 Knowingly 289. A person must not knowingly participate, directly or indirectly, in 4 the provision of prostitution by anyone else. 5 Maximum penalty-- 6 (a) 14 years imprisonment, if, to the person's knowledge, the other 7 person is a child or a person who has an intellectual or psychiatric 8 impairment; or 9 (b) in any other case-- 10 (i) 3 years imprisonment for a first offence; or 11 (ii) 5 years imprisonment for a second offence; or 12 (iii) 7 years imprisonment for a third or subsequent offence. 13 14 Crime-- 15 (a) knowingly participating in the provision of prostitution by a child or a 16 person who has an intellectual or psychiatric impairment; 17 (b) knowingly participating in the provision of prostitution. 18 Examples of the crime-- 19 Example 1-- 20 A person who knowingly participates in the provision of prostitution by anyone 21 else through a corporation, or other entity, or through another individual. 22 Example 2-- 23 A person who provides financial or other resources to enable the establishment of 24 premises from which prostitution is carried out or coordinated knowing the premises 25 will be so used. 26 Example 3-- 27 A person who franchises a network of prostitutes as if they were operating 28 independently. 29 Example 4-- 30 A person who receives financial or other benefit from anyone else engaging in 31 prostitution in return for procuring clients.

 


 

s 290 168 s 290 Criminal Code 1 Example 5-- 2 Drivers, operators and hirers of vehicles who provide transport, or the means of 3 transport, for prostitutes or clients knowing the transport is assisting prostitution. 4 Example 6-- 5 A person who receives, directs or redirects telephone calls or other forms of 6 messages, or who takes bookings or receives money, knowing that the action is 7 connected with anyone else engaging in prostitution. 8 Example 7-- 9 A person who participates, directly or indirectly, in any service, action or matter 10 to knowingly enable anyone else to engage in prostitution. a place being used for unlawful prostitution 11 Attending 290.(1) A person must not-- 12 (a) engage in prostitution in a suspect place; or 13 (b) be found in a suspect place without reasonable excuse; or 14 (c) having been in a suspect place without reasonable excuse, be 15 found leaving the place. 16 Maximum penalty-- 17 (a) 14 years imprisonment, if, to the person's knowledge, a child, or 18 a person who has an intellectual or psychiatric impairment, is in 19 the suspect place at the time of the offence; or 20 (b) in any other case-- 21 (i) 3 years imprisonment for a first offence; or 22 (ii) 5 years imprisonment for a second offence; or 23 (iii) 7 years imprisonment for a third or subsequent offence. 24 25 Crime-- 26 (a) attending a place being used for unlawful prostitution and at which a 27 person known to be a child, or a person who has an intellectual or 28 psychiatric impairment, is present; 29 (b) attending a place being used for unlawful prostitution. (2) In sentencing a person who is a prostitute or client, the court may, in 30 mitigation of sentence, have regard to evidence of an appropriate sexual 31

 


 

s 291 169 s 291 Criminal Code health check undergone by the person within 3 months before the offence. 1 (3) In this section-- 2 "suspect place" means a place reasonably suspected of being used for43 3 prostitution by 2 or more prostitutes. 4 an interest in premises used for prostitution etc. 5 Having 291.(1) A person who is an interested person in relation to premises 6 must not knowingly allow the premises to be used for prostitution by 2 or 7 more prostitutes. 8 Maximum penalty-- 9 (a) 14 years imprisonment, if, to the person's knowledge, a child or a 10 person who has an intellectual or psychiatric impairment is in the 11 premises at a time of the offence; or 12 (b) in any other case-- 13 (i) 3 years imprisonment for a first offence; or 14 (ii) 5 years imprisonment for a second offence; or 15 (iii) 7 years imprisonment for a third or subsequent offence. 16 17 Crime-- 18 (a) allowing premises, at which a person known to be a child or a person who 19 has an intellectual or psychiatric impairment is present, to be used for 20 unlawful prostitution; 21 (b) allowing premises to be used for unlawful prostitution. (2) A person allows premises to be used for prostitution if the person-- 22 (a) knowingly permits the premises to be used for prostitution; or 23 (b) knowing that the premises are being used for prostitution, fails to 24 take every reasonable step to stop that use. 25 (3) A police officer may serve on a person who is an interested person in 26 relation to premises a written warning to the effect that the premises are 27 being used for prostitution by 2 or more prostitutes. 28 43 Under the definition "for" in the dictionary, for includes for the purpose of.

 


 

s 292 170 s 292 Criminal Code (4) In a prosecution against the interested person mentioned in 1 subsection (3), or anyone else aware of the warning, for the crime of 2 allowing premises to be used for unlawful prostitution, evidence of the 3 warning and its contents are admissible against the person charged with the 4 crime. 5 (5) If a person who is an interested person in relation to premises-- 6 (a) is served with a warning under subsection (3) in relation to the 7 premises; or 8 (b) otherwise has reasonable grounds to suspect the premises are 9 being used for prostitution by 2 or more prostitutes; 10 the person may, by written notice served on an occupier or user of the 11 premises, require the occupier or user to leave the premises within 7 days 12 after the service of the notice and not return. 13 (6) In this section-- 14 "interested person", in relation to premises, means a person who-- 15 (a) owns, leases, rents or otherwise has an interest in premises; or 16 (b) is entitled to occupy or use premises; or 17 (c) controls an entity that-- 18 (i) owns, leases, rents or otherwise has an interest in premises; 19 or 20 (ii) is entitled to occupy or use premises. 21 must not contravene requirement under s 291 22 Person 292. A person must not, without reasonable excuse, contravene a 23 requirement made of the person under section 291(5).44 24 25 Example of reasonable excuse-- 26 If the premises concerned were not used for prostitution by 2 or more prostitutes, 27 the person has a reasonable excuse for failing to comply with the requirement. Maximum penalty--7 years imprisonment. 28 44 Section 291 (Having an interest in premises used for prostitution etc.)

 


 

s 293 171 s 295 Criminal Code 1 Crime--failing to comply with requirement to leave premises used for unlawful 2 prostitution. a child etc. to be in a place used for prostitution 3 Permitting 293. A person must not knowingly cause or permit a child, or a person 4 who has an intellectual or psychiatric impairment, to be in a place used for 5 prostitution by 2 or more prostitutes. 6 Maximum penalty--14 years imprisonment. 7 8 Crime--causing or permitting a child, or a person who has an intellectual or 9 psychiatric impairment, to be at a place used for unlawful prostitution. PART 7--OTHER OFFENCES 10 1--Abortion 11 Division to procure abortion 12 Attempts 294.(1) A person must not, with intent to procure a female person's 13 miscarriage-- 14 (a) unlawfully administer to her or cause her to take a poison or other 15 noxious thing; or 16 (b) unlawfully use force; or 17 (c) unlawfully use other means. 18 Maximum penalty--14 years imprisonment. 19 20 Crime--unlawfully attempting to procure an abortion. (2) It is immaterial whether or not the female is pregnant. 21 by female to procure own abortion 22 Attempt 295.(1) A female person must not, with intent to procure her own 23 miscarriage-- 24

 


 

s 296 172 s 298 Criminal Code (a) unlawfully administer to herself a poison or other noxious thing; 1 or 2 (b) unlawfully use force; or 3 (c) unlawfully use other means; or 4 (d) unlawfully permit a thing or means mentioned in paragraph (a), 5 (b) or (c) to be administered or used to her. 6 Maximum penalty--7 years imprisonment. 7 8 Crime--unlawfully attempting to procure own abortion. (2) It is immaterial whether or not the female is pregnant. 9 anything to procure abortion 10 Supplying 296.(1) A person (the "first person") must not unlawfully supply to, or 11 procure for, anyone else anything the first person knows is intended to be 12 unlawfully used to procure a female person's miscarriage. 13 Maximum penalty--3 years imprisonment. 14 15 Crime--unlawfully supplying a thing to procure an abortion. (2) It is immaterial whether or not the female is pregnant. 16 2--Corpses 17 Division of "corpse" for division 18 Meaning 297. In this division-- 19 "corpse" means a dead human body or human remains. 20 must perform duty in relation to corpse 21 Person 298.(1) A person must not unlawfully-- 22 (a) fail to perform a duty in relation to the burial or other disposal of 23 a corpse imposed on the person by law; or 24 (b) fail to perform a duty taken on by the person affecting the burial 25 or other disposal of a corpse. 26

 


 

s 299 173 s 301 Criminal Code Maximum penalty--2 years imprisonment. 1 2 Crime--failing to perform a duty in relation to a corpse. (2) For subsection (1)(b), it is immaterial whether or not the duty was 3 taken on for reward. 4 must not improperly interfere with corpse 5 Person 299.(1). A person must not unlawfully, and improperly or indecently, 6 interfere with a corpse. 7 Maximum penalty--2 years imprisonment. 8 9 Crime--interfering improperly or indecently with a corpse. (2) It is immaterial whether or not the corpse is buried. 10 3--Common nuisance, common gaming and betting houses 11 Division and lotteries 12 nuisance 13 Common 300. A person must not unlawfully do an act or make an omission in 14 relation to property under the person's control that-- 15 (a) causes danger to the public's lives, health or safety; or 16 (b) causes danger to the public's property or comfort, and physical 17 injury to anyone; or 18 (c) obstructs the public in the exercise or enjoyment of a right 19 common to all its members, and causes physical injury to 20 anyone. 21 Maximum penalty--3 years imprisonment. 22 23 Crime--causing a public nuisance. a common gaming house 24 Keeping 301.(1) A person must not unlawfully keep a common gaming house. 25 Maximum penalty--3 years imprisonment. 26

 


 

s 302 174 s 302 Criminal Code 1 Crime--unlawfully keeping a common gaming house. (2) A person keeps a common gaming house-- 2 (a) if the person keeps for gain a place that persons customarily use 3 for playing a game of chance; or 4 (b) if the person keeps a place for, or used for, playing in the place a 5 game of chance, or mixed chance and skill, and in the place-- 6 (i) a bank is kept by at least 1 of the players exclusively of the 7 others; or 8 (ii) a game, the chances of which are not equally favourable to 9 all the players, is played. 10 (3) Without limiting the meaning of "keep", a person is taken to keep a 11 place if the person appears, acts or behaves as the person having the care, 12 control or management of the place. 13 (4) In this section-- 14 "players", of a game, includes-- 15 (a) the game's banker; and 16 (b) other persons who manage the game, or against whom other 17 players stake, play or bet. 18 etc. a common betting house 19 Opening 302.(1) A person must not unlawfully open, keep or use a common 20 betting house. 21 Maximum penalty--3 years imprisonment. 22 23 Crime--unlawfully opening, keeping or using a common betting house. (2) Without limiting the meaning of "keep", a person is taken to keep a 24 place if the person appears, acts or behaves as the person having the care, 25 control or management of the place. 26 (3) In this section-- 27 "acceptor", of a place, means-- 28 (a) a principal acceptor of the place; or 29 (b) anyone procured or employed by a person mentioned in 30

 


 

s 303 175 s 303 Criminal Code paragraph (a); or 1 (c) the agent of a person mentioned in paragraph (a); or 2 (d) a person responsible for the place's care or management; or 3 (e) a person who, in some way, conducts the place's business. 4 "common betting house" means a place-- 5 (a) customarily used to make bets between an acceptor of the place 6 and other persons; or 7 (b) used for a principal acceptor of the place, or anyone on the 8 principal acceptor's behalf, paying or receiving in the place 9 money or other property as, or for, consideration-- 10 (i) for an assurance, undertaking, promise or agreement to 11 afterwards pay or give money or other property on an event 12 or contingency about a horse race, other race, game, sport or 13 exercise; or 14 (ii) for securing the paying or giving by anyone else of money 15 or other property on an event or contingency mentioned in 16 subparagraph (i). 17 "principal acceptor", of a place, means the place's owner, occupier or 18 keeper or anyone using the place. 19 etc. place to carry on lottery 20 Opening 303.(1) A person must not unlawfully open, keep or use a place to carry 21 on a lottery 22 Maximum penalty--3 years imprisonment. 23 24 Crime--unlawfully carrying on a lottery. (2) Without limiting the meaning of "keep", a person is taken to keep a 25 place if the person appears, acts or behaves as the person having the control, 26 care or management of the place. 27 (3) In this section-- 28 "lottery" means a scheme or device for the sale, gift, disposal or 29 distribution of property depending on, or decided by, lot or chance. 30

 


 

s 304 176 s 306 Criminal Code CHAPTER 6--PROCEDURE 1 PART 1--ARREST 2 of "arrest without warrant" 3 Meaning 304.(1) If, for an offence, an Act states that the offender may be arrested 4 without warrant, it means the provisions of the Code about the arrest of 5 offenders or suspected offenders without warrant apply to the offence. 6 (2) If, for an offence, an Act states that the offender cannot be arrested 7 without warrant, it means the provisions of the Code about the arrest of 8 offenders or suspected offenders without warrant do not apply to the 9 offence. 10 without warrant for all crimes 11 Arrest 305. Every crime is an offence for which an offender may be arrested 12 without warrant, unless otherwise provided. 13 to arrest without warrant 14 Power 306.(1) This section applies to an offence for which an offender may be 15 arrested without warrant generally ( the "offence"). 16 (2) A person may arrest anyone without warrant if the person finds the 17 other person committing the offence. 18 (3) A person may arrest anyone without warrant if the person-- 19 (a) finds the other person at night in circumstances giving reasonable 20 grounds for believing the other person is committing the offence; 21 and 22 (b) believes the other person is committing the offence. 23 (4) A person may arrest anyone without warrant if-- 24 (a) the offence has been committed; and 25

 


 

s 307 177 s 308 Criminal Code (b) the person reasonably believes the other person committed the 1 offence. 2 (5) The lawfulness of an arrest under subsection (4) is unaffected if the 3 other person is later found not to have committed the offence. 4 without warrant subject to conditions 5 Arrest 307. If, for an offence, an Act states that the offender may be arrested 6 without warrant subject to a condition, including, for example, a condition 7 that only a particular type of person may arrest, section 30645 applies to the 8 offence subject to the condition. 9 of persons found committing offences on aircraft 10 Arrest 308.(1) A pilot may arrest a person without warrant, if the pilot-- 11 (a) finds the person committing an offence on the aircraft or relating 12 to the aircraft's use; or 13 (b) reasonably believes the person is about to commit, has committed 14 or has attempted to commit an offence on the aircraft or relating 15 to the aircraft's use. 16 (2) The pilot may use reasonable force to arrest the person. 17 (3) The person must be placed in a police officer's custody as soon as 18 practicable. 19 (4) The police officer must release the person unconditionally as soon as 20 practicable after being satisfied that the detention of the person in custody is 21 unnecessary. 22 (5) In this section-- 23 "pilot" means a person on board an aircraft who is in command of the 24 aircraft, and includes a person acting under the pilot's authority. 25 45 Section 306 (Power to arrest without warrant)

 


 

s 309 178 s 312 Criminal Code during attempted escape 1 Arrest 309. A person may arrest anyone without warrant, if the person 2 reasonably believes the other person-- 3 (a) has committed an offence; and 4 (b) has escaped from, and is being pursued by, someone who has 5 power to arrest the other person for the offence. 6 of persons offering stolen property 7 Arrest 310. A person may arrest anyone without warrant, if-- 8 (a) the other person offers to sell, pawn, dispose of or give property 9 to the person; and 10 (b) the person reasonably believes the property was acquired by the 11 commission of an offence for which an Act states that a person 12 found committing it may be arrested without warrant. 13 person must be brought before court 14 Arrested 311. If a person arrests anyone on a charge of an offence, the person 15 must, as soon as reasonably practicable, bring the other person before a 16 Magistrates Court to be dealt with under the law.46 17 arresting to produce authority etc. 18 Person 312.(1) A person executing any process or warrant must-- 19 (a) have a copy of it with the person; and 20 (b) produce the copy if required. 21 (2) A person arresting anyone (with or without warrant) must, if 22 practicable, give notice of-- 23 (a) the process or warrant or cause of arrest under or on which the 24 person is acting; and 25 (b) if the person is acting under a power given only to a particular 26 46 See section 213 (Delaying to take arrested person before Magistrates Court).

 


 

s 313 179 s 314 Criminal Code type of officer or person--the fact that the person is of that type. 1 (3) A person's failure to comply with subsection (1) or (2)-- 2 (a) does not make the execution of the process or warrant or the 3 arrest unlawful; but 4 (b) is relevant to the inquiry whether the process or warrant might not 5 have been executed or the arrest made in a reasonable but less 6 forcible way. 7 ART 2--PROCEEDINGS GENERALLY 8 P 1--Jurisdiction of particular types of courts 9 Division 10 Jurisdiction 313. The jurisdiction of courts of justice to try persons charged with 11 offences is stated in the laws about the courts' constitution and jurisdiction, 12 unless the Code or another Act otherwise provides. 13 Division 2--Place of trial 14 of trial 15 Place 314.(1) A person charged with committing an indictable offence may be 16 tried in a jurisdiction where an act or event that is an element of the offence 17 takes place. 18 (2) A person charged with an indictable offence involving-- 19 (a) stealing; or 20 (b) dishonestly appropriating property; or 21 (c) bringing stolen goods into Queensland; 22 may also be tried in a jurisdiction where the person was found with the 23 property in the person's possession. 24

 


 

s 315 180 s 315 Criminal Code (3) A person charged with any of the following indictable offences may 1 also be tried in a jurisdiction where the person is arrested or is in custody-- 2 stealing 3 dishonest appropriation 4 bringing stolen property into Queensland 5 forgery.47 6 (4) A person charged with counselling or procuring the commission of 7 an offence, or with becoming an accessory after the fact to an offence, may 8 also be tried in a jurisdiction where the principal offender may be tried. 9 (5) A person charged with an offence committed outside Queensland 10 who may lawfully be tried in Queensland may be tried in a jurisdiction 11 where the person is arrested or is in custody. 12 (6) A person may be tried in a jurisdiction where the person is arrested or 13 in custody if-- 14 (a) a person is charged with committing an offence for which the 15 person may lawfully be tried in Queensland; and 16 (b) it is uncertain where the offence was committed. 17 (7) A person charged with committing an offence can, with the person's 18 consent, be tried in any jurisdiction. 19 (8) Subsections (4) to (7) apply to a charge for any offence, whether 20 indictable or otherwise, and do not limit the jurisdiction in which the person 21 may be tried. 22 brought before wrong court 23 Persons 315.(1) A person does not have the right to be acquitted merely because 24 the court before which the person appears on trial on indictment considers 25 the person is not properly triable before the court under section 314.48 26 47 Section 156 (Stealing) Section 158 (Dishonest appropriation) Section 164 (Bringing stolen property into Queensland) Section 182 (Forgery) 48 Section 314 (Place of trial)

 


 

s 316 181 s 316 Criminal Code (2) The court may, if the person asks that the person be tried before an 1 appropriate court-- 2 (a) if the person has been placed in charge of a jury--discharge the 3 jury from giving a verdict; and 4 (b) direct the person be tried before an appropriate court; and 5 (c) remand the person, or release the person under the Bail Act 1980, 6 to appear for trial before the other court. 7 (3) If the person does not make the request-- 8 (a) the trial must continue; and 9 (b) the verdict and judgment have the same effect as if the person 10 were properly triable before the court under section 314.49 11 (4) This section does not affect a person's right to plead to a court's 12 jurisdiction. 13 of place of trial 14 Change 316.(1) If a person has been committed for trial before a court held at a 15 specific place, the person or the State may apply for the trial to be held 16 somewhere else. 17 (2) The court or a judge of the court, on good cause being shown, may 18 order the trial be held-- 19 (a) before the same court or another court of competent jurisdiction; 20 and 21 (b) at a specified court sitting. 22 (3) Subsection (1) applies whether or not the person has been granted 23 bail. 24 (4) If an indictment has been presented against a person in a court held at 25 a place (the "particular place"), the person or the State may apply for the 26 trial to be held somewhere else. 27 (5) The court or a judge of the court may order the trial be held-- 28 49 Section 314 (Place of trial)

 


 

s 317 182 s 318 Criminal Code (a) at a place other than the particular place; and 1 (b) at a specified court sitting. 2 (6) Unless good cause is shown for not granting an application for a 3 change of the place of trial for an indictable offence, the application must be 4 granted if-- 5 (a) the person has been committed for trial for another indictable 6 offence at a court held somewhere else or an indictment has been 7 presented in a court held somewhere else charging the person 8 with another offence; and 9 (b) the charge for which the application is made and the charge for 10 the offence mentioned in paragraph (a) could have been joined in 11 the same indictment, had the offences been committed at the 12 same place. 13 (7) When an order is made under this section-- 14 (a) the effects are the same as if the person had been committed for 15 trial at the specified place and court sittings; and 16 (b) if the person has been granted bail--the undertakings about bail 17 are taken to be enlarged to the specified place and court sittings. 18 (8) A notice given to a person who is required to attend as a witness (the 19 "witness") is also taken to be enlarged to that place and court sittings. 20 (9) Notice of the time and court sittings must be given to the witness. 21 3--Committal proceedings and other summary proceedings 22 Division before magistrates courts 23 proceedings 24 Committal 317. The practice and procedure for committal proceedings and the 25 committal of persons for trial are stated in the Justices Act 1886, unless an 26 Act otherwise provides. 27 proceedings 28 Summary 318.(1) The Justices Act 1886 states the procedures for-- 29

 


 

s 319 183 s 320 Criminal Code (a) the prosecution of offenders to obtain summary convictions for 1 indictable offences; and 2 (b) enforcing the summary convictions; and 3 (c) enforcing orders made by a magistrates court on the prosecutions. 4 (2) However, subsection (1) applies subject to the Code or another Act. 5 limitation of 2 years for summary prosecution 6 Time 319.(1) A prosecution for an indictable offence to obtain a summary 7 conviction must start within 2 years after the offence is committed, unless 8 otherwise expressly provided. 9 (2) However, a person charged with an indictable offence may consent to 10 proceedings for the offence being dealt with summarily even if it is more 11 than 2 years after the offence was committed. 12 a charge for an indictable offence may be decided summarily 13 When 320.(1) This section applies if a person appears before a Magistrates 14 Court charged with-- 15 (a) an indictable offence punishable on conviction on indictment by 16 not more than 7 years imprisonment; or 17 (b) burglary; or 18 (c) unlawful use or possession of a vehicle;50 or 19 (d) receiving tainted property; or 20 (e) a drugs misuse offence punishable on conviction on indictment 21 by not more than 15 years imprisonment. 22 (2) The court may decide the charge summarily. 23 (3) The court must consider all relevant circumstances in deciding 24 whether to decide the charge summarily, including, for example-- 25 50 Under the Acts Interpretation Act 1954, section 35F (Reference to brief description of offence or circumstance of aggravation), the reference to burglary and unlawful use or possession of a vehicle includes a reference to any circumstance of aggravation.

 


 

s 320 184 s 320 Criminal Code (a) whether or not the charged person wants the charge to be decided 1 summarily; and 2 (b) the nature and seriousness of the offence and whether the court 3 can adequately deal with it; and 4 (c) the effect on the person if the person is convicted, including, for 5 example-- 6 (i) the penalty that may be imposed; and 7 (ii) any detriment to the person's reputation or employment 8 prospects; and 9 (d) whether or not the prosecution wants the charge to be decided 10 summarily; and 11 (e) whether the person is represented before the court by a legal 12 practitioner. 13 (4) In exercising its discretion under subsection (2), the court must take 14 into account that it should ordinarily decide summarily a charge-- 15 (a) about property with a value of not more than 84 penalty units; and 16 (b) not involving proof of actual violence, or a threat of actual 17 violence, to anyone. 18 (5) If the court decides to decide the charge summarily, the court must-- 19 (a) write down the charge and read it to the person; and 20 (b) ask the person whether the person is guilty or not guilty as 21 charged; and 22 (c) decide the charge summarily. 23 (6) To decide the charge summarily, the court must use the same 24 procedure it uses to decide charges for simple offences under the Justices 25 Act 1886. 26 (7) However, subsection (6) applies subject to any provision of this Code 27 applied to a charge for an indictable offence dealt with summarily. 28 (8) On conviction, the person is liable to a maximum penalty of the 29 lesser of the following-- 30 (a) the maximum penalty that could have been imposed if the person 31 had been convicted on indictment; 32

 


 

s 321 185 s 321 Criminal Code (b) 2 years imprisonment. 1 (9) A Magistrates Court may start to summarily decide the charge even if 2 more than 2 years have passed since the offence was committed. 3 (10) A Magistrates Court may, at any time before the court imposes a 4 sentence, decide not to summarily decide the charge. 5 (11) A decision under subsection (2) is a decision of law. 6 (12) If the person is summarily convicted of the charge, the person may 7 appeal to the Court of Appeal under section 421(a)51 on the ground that the 8 Magistrates Court should not have decided the charge summarily. 9 to committal proceedings during summary proceedings 10 Change 321.(1) This section applies if, during proceedings before a Magistrates 11 Court to decide summarily a charge against a person of an indictable 12 offence, the court decides the charge is not one that should be decided 13 summarily. 14 (2) The court must stop treating the proceedings as proceedings to decide 15 the charge summarily and start treating them as committal proceedings. 16 (3) For the committal proceedings-- 17 (a) the person's plea at the start of the hearing must be disregarded; 18 and 19 (b) the evidence already presented by the prosecution is evidence in 20 the committal proceedings; and 21 (c) at the person's election, the evidence already presented by the 22 person is evidence in the committal proceedings. 23 (4) The Justices Act 1886, section 104,52 must be complied with for the 24 committal proceedings. 25 51 Section 421 (Right of convicted person to appeal) 52 Justices Act 1886, section 104 (Proceedings upon an examination of witnesses in relation to an indictable offence)

 


 

s 322 186 s 323 Criminal Code of summary conviction of indictable offences 1 Effect 322. If a person is summarily convicted of an indictable offence, the 2 conviction is taken to be a conviction for only a simple offence. 3 Division 4--Simple offence charges dealt with in Supreme Court or a 4 District Court 5 Court and a District Court may decide summary offences 6 Supreme 323.(1) This section applies to a person appearing before the Supreme 7 Court or a District Court on a charge of an indictable offence. 8 (2) The court may summarily decide a relevant summary charge if-- 9 (a) the prosecution applies to the court to hear the summary charge; 10 and 11 (b) the person-- 12 (i) consents to the court deciding the summary charge; and 13 (ii) informs the court that a plea of guilty will be entered on the 14 summary charge; and 15 (c) the court grants the prosecution's application; and 16 (d) the prosecution files a complaint under the Justices Act 1886 for 17 the charge in the court. 18 (3) If a plea of not guilty is entered on the relevant summary charge, the 19 court must direct the charge be heard by a Magistrates Court. 20 (4) If the summary charge is heard by the court, the court may make any 21 order on conviction that a Magistrates Court can make on a similar 22 conviction. 23 (5) The power under which the court's rules are made includes the power 24 to make rules for the practice and procedure for summarily hearing and 25 deciding relevant summary charges. 26 (6) A relevant summary charge may be filed at any time. 27 (7) This section applies despite a provision of the Code or another Act. 28 (8) In this section-- 29

 


 

s 324 187 s 325 Criminal Code "court" means the Supreme Court or a District Court mentioned in 1 subsection (1). 2 "relevant summary charge" means a charge of a simple offence that, had 3 the offence been an indictable offence, could have been included as a 4 count in an indictment with the indictable offence mentioned in 5 subsection (1). 6 ART 3--INDICTMENTS 7 P 1--Application of part 8 Division of divisions 3 and 4 to charges dealt with on indictment or 9 Application summarily 10 324. Divisions 3 and 4 apply to a charge for an indictable offence 11 whether the charge is dealt with on indictment or summarily. 12 Division 2--Indictments generally 13 of indictment 14 Nature 325.(1) When it is intended to put a person on trial in the Supreme Court 15 or a District Court for an indictable offence for which the person has been 16 committed for trial, the charge must be put into writing in a document called 17 an indictment. 18 (2) The indictment must be signed and presented to the court by-- 19 (a) a State law officer; or 20 (b) anyone else appointed by the Governor in Council. 21 (3) The Governor in Council may delegate the appointment power in 22 subsection (2)(b) to the Director of Public Prosecutions. 23 (4) The person who signs an indictment need not be the same person 24 who presents or prosecutes on the indictment. 25

 


 

s 326 188 s 328 Criminal Code (5) An indictment is not affected because the person who signed the 1 indictment stops holding an appointment under which the indictment was 2 signed. 3 of indictment 4 Presenting 326.(1) A State law officer may present an indictment in the Supreme 5 Court or a District Court against a person for a charge of an indictable 6 offence that is within the court's jurisdiction to try, whether or not the 7 person has been committed for trial. 8 (2) A person authorised to present indictments in a court may present an 9 indictment in the court against anyone for a charge of an indictable offence 10 that is within the court's jurisdiction to try, whether or not the person has 11 been committed for trial. 12 of indictment 13 Form 327.(1) An indictment must contain a statement of the offence charged. 14 (2) If more than 1 offence is charged in a particular indictment, each 15 offence must be set out in a separate paragraph called a count and numbered 16 consecutively. 17 (3) If a circumstance of aggravation is intended to be relied on, it must be 18 charged in the indictment. 19 (4) The following formal details are also to be included-- 20 (a) the name of the court in which the indictment is presented; 21 (b) the place of trial; 22 (c) the provision of the Act defining the offence charged. 23 defects in indictment 24 Formal 328.(1) An objection to an indictment for a formal defect apparent on its 25 face must be taken by application to set aside the indictment before the jury 26 is sworn. 27 (2) An indictment is not open to objection because-- 28 (a) it describes a person by a name of office or other description 29

 


 

s 329 189 s 329 Criminal Code instead of by the person's proper name; or 1 (b) it does not state the time when the offence was committed, unless 2 the time is an element of the offence; or 3 (c) it imperfectly states the time when the offence was committed; or 4 (d) it states the offence was committed on an impossible day, or on a 5 day that never happened or has not yet happened. 6 (3) An indictment cannot be set aside because of a formal defect that 7 would not cause surprise or uncertainty to the person charged on the 8 indictment as to the nature of the charge. 9 of indictment generally 10 Amendment 329.(1) A court may order an indictment before the court to be 11 amended-- 12 (a) on application by the State; or 13 (b) on its own initiative; or 14 (c) under another provision of an Act. 15 (2) The indictment is to be amended under the order. 16 (3) The trial on the indictment as amended must then continue as if the 17 indictment had been originally in its amended form. 18 (4) The trial on the indictment has the same effect as if the indictment had 19 been originally in its amended form. 20 (5) If a formal record of the case is needed, the record must state the 21 amended indictment without notice of the amendment. 22 (6) The court may make the order at any time before, or at any stage of, 23 the trial on the indictment, or, if special reason is shown, after verdict. 24 (7) A new count may be added to an indictment under subsection (1). 25 (8) The court cannot make the order if the amendment would be unjust to 26 the person charged on the indictment. 27 (9) The court may adjourn the trial after making the order. 28

 


 

s 330 190 s 333 Criminal Code 1 Particulars 330.(1) This section applies to a court before which a person is charged 2 on indictment or crime complaint. 3 (2) If it considers it appropriate, the court-- 4 (a) may order particulars to be given to the person of anything 5 claimed in an indictment; and 6 (b) may adjourn the trial after making the order. 7 (3) The court may permit the State to amend the particulars on the terms 8 it may consider just. 9 of charge 10 Withdrawal 331.(1) A State law officer, or a person authorised to present indictments 11 in the court, may inform a court in writing that the State will not-- 12 (a) present an indictment against a person committed for trial before 13 the court; or 14 (b) proceed further on an indictment pending in the court against a 15 person. 16 (2) The person is then discharged from further proceedings on the 17 indictment or committal. 18 (3) However, the State is not stopped from again starting a proceeding 19 against the person for the offence. 20 of vexatious or oppressive proceedings 21 Stay 332. A court may order a vexatious or oppressive proceeding for an 22 indictable offence to be stayed. 23 of person charged on indictment 24 Arrest 333.(1) This section applies if an indictment has been presented in a court 25 against a person who-- 26 (a) is not in custody and has not been-- 27 (i) committed for trial on the indictment; or 28

 


 

s 334 191 s 334 Criminal Code (ii) released under the Bail Act 1980 to attend to be tried on the 1 indictment; or 2 (b) does not appear to be tried on the indictment. 3 (2) A judge of the court may sign and issue a warrant to arrest the person 4 and bring the person before a Magistrates Court. 5 (3) The Magistrates Court before which the person is brought may-- 6 (a) commit the person to prison until the person can be tried on the 7 indictment; or 8 (b) if appropriate, release the person under the Bail Act 1980 to attend 9 to be tried on the indictment. 10 3--Statement of a charge 11 Division rules about statement of charge for indictable offence 12 General 334.(1) This section applies to the charging of an indictable offence. 13 (2) The statement of a charge must contain particulars that give 14 reasonable information about the nature of the charge. 15 (3) An offence may be described in ordinary language without the use of 16 technical terms. 17 (4) It is sufficient to describe an offence in the words of the Act defining 18 it. 19 (5) A description of an offence is not defective only because an element 20 of the offence is not stated. 21 (6) Anything may be described by any name by which it is usually 22 known. 23 (7) A person may be described in any way that reasonably identifies the 24 person, and if the person is unknown, as an unknown person. 25 (8) A document may be described by its effect without setting out a copy 26 of all or part of it. 27 (9) Money may be described as money without specifying a particular 28 form of money. 29

 


 

s 335 192 s 335 Criminal Code (10) If it is necessary to mention co-owners of property, it is sufficient to 1 identify 1 and only mention that there was another owner. 2 (11) If particular ownership of property must be proved and it is 3 uncertain who of more than 1 person was the owner, it is sufficient to claim 4 and prove that 1 of them owned the property without proving who was the 5 owner. 6 (12) It is unnecessary to state the ownership or value of anything 7 mentioned in a charge unless the ownership or value is an element of the 8 offence or circumstance of aggravation. 9 (13) It is unnecessary to state the way or instrument by which an act is 10 done, unless the way or instrument is an element of the offence or 11 circumstance of aggravation. 12 (14) It is unnecessary to state any particulars about a person, thing, or 13 issue that need not be proved. 14 of charge for particular indictable offences 15 Statement 335.(1) This section applies to the charging of an indictable offence. 16 (2) A statement in a charge against a person that the person committed an 17 offence involving property can be proved by evidence that the person 18 obtained or dealt with anything included in the term `property', or part of its 19 value, in a way that is the offence, even if it-- 20 (a) was given to the person so that some part of its value would be 21 returned to the person who gave it or given to anyone else; and 22 (b) then has been so returned or given. 23 (3) For an offence about property of a corporation authorised to sue and 24 be sued in a person's name, the property may be claimed to be the person's 25 property. 26 (4) For an offence about property that under an Act is taken to be the 27 property of an officer of an entity, the property may be claimed to be the 28 property of the officer by the officer's name of office without identifying a 29 particular person. 30 (5) For an offence relating to a testamentary instrument, it is unnecessary 31 to claim the instrument is a person's property. 32

 


 

s 335 193 s 335 Criminal Code (6) For an offence about a thing-- 1 (a) fixed in a square, street, cemetery or a place dedicated to public 2 use or ornament; or 3 (b) in or taken from a public office; 4 it is unnecessary to claim or prove the thing is a particular person's 5 property. 6 (7) For an offence about a document that is evidence of an interest in 7 land, the document may be described as being evidence of the title of the 8 person or 1 of the persons with an interest in the land, with the land 9 described in a way adequate to identify it. 10 (8) For an offence of stealing or dishonestly appropriating property 11 leased to the charged person, the chattel or fixture may be described as the 12 lessor's property. 13 (9) For the crime of fraud or attempting to commit, or to procure the 14 commission of, the crime of fraud, it is unnecessary to state the owner of 15 any property that may be the subject matter of the offence. 16 (10) For a charge against a person who is a public officer for an offence 17 committed in relation to a thing that came into the person's possession 18 because of the person's appointment or employment, the thing may be 19 described as the property of the entity that appointed or employed the 20 person. 21 (11) For an offence about-- 22 (a) giving false testimony; or 23 (b) making a false statement; or 24 (c) seeking the giving of false testimony or making a false statement; 25 it is unnecessary to state the words of the testimony or statement, but is 26 enough to state the effect of the testimony or statement, or as much of the 27 effect as is material. 28 (12) For an offence about giving false testimony or seeking the giving of 29 false testimony, it is unnecessary to allege the jurisdiction of the tribunal 30 before which the false testimony was given, or intended or proposed to be 31 given. 32 (13) For an offence that involves dishonesty, it is unnecessary to state the 33

 


 

s 336 194 s 338 Criminal Code details of the dishonesty. 1 (14) For an offence relating to a person who has an intellectual or 2 psychiatric impairment the person may be described in that way without 3 specifying the impairment. 4 of previous conviction 5 Statement 336. In a charge for an indictable offence charged to have been 6 committed after a conviction for another offence, it is enough to state-- 7 (a) the substantial effect of the previous charge; and 8 (b) the conviction for the previous charge; and 9 (c) the time and place of the conviction. 10 4--Joinder 11 Division of charges generally 12 Joinder 337.(1) Subject to any Act, an indictment or crime complaint must not 13 charge more than 1 offence. 14 (2) Charges for more than 1 offence may be joined in the same 15 indictment or crime complaint against the same person if the charges-- 16 (a) are founded on the same facts; or 17 (b) are, or form part of, a series of offences-- 18 (i) of the same or similar character; or 19 (ii) committed in the prosecution of a single purpose. 20 (3) If an indictment or crime complaint contains more than 1 charge, the 21 indictment or complaint need not state the connection between the offences 22 charged. 23 cases of charging more than 1 offence as a single offence 24 Particular 338.(1) On a single charge in an indictment or crime complaint charging 25

 


 

s 339 195 s 339 Criminal Code a person with the offence of assault, 53 the person may be prosecuted for a 1 series of assaults committed against the same person that form part of one 2 overall incident. 3 (2) On a single charge in an indictment or crime complaint charging a 4 person with the offence of stealing, dishonest appropriation or fraud, the 5 person may be prosecuted for a number of offences of stealing, dishonest 6 appropriation or fraud committed against the property of the same person 7 over a period of time, even if it is impossible to identify each time the 8 stealing, dishonest appropriation or fraud happened. 9 (3) On a single charge in an indictment or crime complaint charging a 10 person with the offence of dishonest appropriation or fraud, the person may 11 be prosecuted for a number of acts of dishonest appropriation or acts of 12 fraud committed over a period of time, even if-- 13 (a) the acts were done against the property of different persons; or 14 (b) the property came into the person's possession at different times 15 and subject to different trusts, directions, conditions or duties to 16 account; or 17 (c) it is impossible to identify each time the acts happened. 18 (4) A charge under subsection (2) or (3) may charge the property 19 affected by the offence as a total amount or single list. 20 (5) This section does not limit the occasions-- 21 (a) when more than 1 act, each of which could be charged as a 22 separate charge, may be included in a single charge; 23 (b) when more than 1 act, all of which may be charged as a single 24 charge, may each be charged as separate charges. 25 of offences and persons about entering or being in premises 26 Joinder with intent 27 339.(1) Any 2 or more of the following charges may be joined in the 28 same indictment or crime complaint-- 29 (a) burglary; 30 53 See section 114 (Assault).

 


 

s 340 196 s 340 Criminal Code (b) committing the crime the person is claimed, for the burglary 1 mentioned in paragraph (a), to have intended to commit, or to 2 have committed, on entering or being in a place; 3 (c) if the crime mentioned in paragraph (b) is stealing or dishonest 4 appropriation--receiving tainted property the subject of the crime. 5 (2) On an indictment or complaint mentioned in subsection (1)-- 6 (a) for an indictment or complaint against 1 person--the person may, 7 according to the evidence, be convicted of an offence mentioned 8 in subsection (1)(a), (b) or (c); or 9 (b) for an indictment or complaint against 2 or more persons-- 10 (i) all or any of them may, according to the evidence, be 11 convicted of an offence mentioned in subsection (1)(a), (b) 12 or (c); or 13 (ii) 1 or more of them may, according to the evidence, be 14 convicted of 1 of the offences and another or others of them 15 may be convicted of another of the offences or of 1 or the 16 other of the other offences. 17 (3) However, if the jury, or Magistrates Court-- 18 (a) find specially that a charged person committed 1 or more of the 19 offences mentioned in subsections (1)(a), (b) and (c); but 20 (b) cannot say which of the offences was committed by the person; 21 the trial judge or Magistrates Court must enter a conviction against the 22 person for the offence for which the least or the lesser punishment is 23 provided. 24 of offence of maintaining a sexual relationship with a child 25 Joinder under 16 with another sexual offence 26 340.(1) A person may be charged in a single indictment or crime 27 complaint with-- 28 (a) maintaining an unlawful sexual relationship with a child under 29 1654 (the "relationship offence"); and 30 54 See section 230 (Maintaining a sexual relationship with a child under 16).

 


 

s 341 197 s 341 Criminal Code (b) any other offence of a sexual nature claimed to have been 1 committed by the person during the relevant relationship in the 2 relationship offence. 3 (2) The person may be convicted of, and punished for, all the offences 4 charged. 5 (3) However, if the person is sentenced to imprisonment for the 6 relationship offence and another offence charged in the indictment or 7 complaint, an order may not be made directing a sentence to take effect 8 from the end of imprisonment for the other. 9 of charged persons 10 Joinder 341.(1) A number of persons charged with committing different or 11 separate indictable offences may be charged in the same indictment or crime 12 complaint, and tried together if the offences arise-- 13 (a) substantially out of the same facts; or 14 (b) out of closely related facts so that a substantial part of the facts is 15 relevant to all the charges. 16 (2) A number of persons charged with receiving, although at different 17 times, property that has been obtained by-- 18 (a) a crime; or 19 (b) an act that if it had been done in Queensland would be a crime 20 and that is an offence under the laws in force in the place where it 21 was done; 22 may be charged with substantive offences in the same indictment or crime 23 complaint, and tried together, even if the person who obtained the property 24 is not included in the same indictment or complaint, or is not amenable to 25 justice. 26 (3) This section is not limited by section 337.55 27 (4) This section applies even if-- 28 (a) more than 1 offence is charged in the indictment or complaint 29 against a particular person; or 30 55 Section 337 (Joinder of charges generally)

 


 

s 342 198 s 343 Criminal Code (b) all the persons charged on the indictment or complaint are not 1 charged with the same offences. 2 of parties and accessories 3 Joinder 342.(1) A person who is a party to an offence may be charged in the 4 same indictment or crime complaint, with another party. 5 (2) A party may-- 6 (a) be tried together with another party, even if the persons were 7 parties at different times; or 8 (b) be tried separately from another party, whether or not any other 9 party has been convicted or is amenable to justice. 10 (3) In this section-- 11 "party" to an offence includes an accessory after the fact to the offence. 12 PART 4--EFFECT OF INDICTMENT OR CRIME 13 COMPLAINT 14 1--Application 15 Division to charges dealt with on indictment or summarily 16 Application 343.(1) Divisions 2 and 3 apply to a charge for an indictable offence 17 whether the charge is dealt with on indictment or summarily, unless the 18 contrary intention appears. 19 (2) Nothing in this part, or part 3, division 4, authorises a person charged 20 in summary proceedings with an offence to be summarily dealt with for 21 another offence (the "second offence") if the person could not have been 22 summarily dealt with for the second offence if the person had been charged 23 with the second offence. 24

 


 

s 344 199 s 347 Criminal Code of divisions 2 and 3 to be read in addition to other 1 Provisions provisions of divisions 2 344. A provision of division 2 or 3 does not limit, and is not limited by, 3 any other provision of the divisions. 4 of conviction 5 Effect 345. A person convicted under this part is liable to the same punishment 6 as if the person had been convicted on an indictment or crime complaint 7 charging the person with the offence with which the person is actually 8 convicted. 9 2--General 10 Division involving circumstances of aggravation 11 Offences 346.(1) On an indictment or crime complaint charging a person with an 12 offence committed with circumstances of aggravation, the person may be 13 convicted of any indictable offence that-- 14 (a) is proved by the evidence; and 15 (b) consists of an act that is an element of the offence charged. 16 (2) The conviction may be with or without any of the circumstances of 17 aggravation charged in the indictment or complaint. 18 evidence shows offence of similar type 19 When 347.(1) If, on the trial of a person charged with an indictable offence (the 20 "first offence")-- 21 (a) the evidence shows the person is guilty of another indictable 22 offence (the "second offence"); and 23 (b) the first offence is of a type that the person can be convicted of on 24 an indictment or crime complaint charging the person with the 25 second offence; 26 the person may be convicted of the first offence. 27

 


 

s 348 200 s 349 Criminal Code (2) A person so tried is not liable to be later prosecuted for the second 1 offence. 2 (3) However, a court before which a trial on indictment is held may, if it 3 considers it appropriate-- 4 (a) discharge the jury from giving a verdict; and 5 (b) direct the person to be indicted for the second offence. 6 (4) The person may then be dealt with as if the person had not been put 7 on trial for the first offence. 8 of procuring commission of offence 9 Charge 348.(1) This section applies if a person is charged on an indictment or 10 crime complaint charging a person with procuring the commission of an 11 offence (the "procured offence"). 12 (2) The person may be convicted of procuring the commission of any 13 other indictable offence of a type that a person can be convicted of on an 14 indictment or crime complaint charging the person with committing the 15 procured offence. 16 of procuring commission of wrongful act 17 Charge 349.(1) This section applies if-- 18 (a) a person is charged with an indictable offence of procuring 19 anyone to do an act; and 20 (b) the charged person would have committed an offence (the 21 "procured offence") if the charged person had done the act. 22 (2) The charged person may be convicted of procuring the other person 23 to do any other act that-- 24 (a) is proved by the evidence; and 25 (b) is of a type that, had the charged person done the other act, the 26 charged person would have committed an offence of a type that a 27 person can be convicted of on an indictment or crime complaint 28 charging the person with committing the procured offence. 29

 


 

s 350 201 s 350 Criminal Code for attempt to commit offence on charge of committing 1 Conviction offence 2 350.(1) On an indictment or crime complaint charging a person with an 3 offence, the person may be convicted of attempting to commit-- 4 (a) the offence; or 5 (b) any other offence that the person may be convicted of on the 6 indictment or complaint. 7 (2) On an indictment or crime complaint charging a person with 8 procuring the commission of an offence, the person may be convicted of 9 attempting to procure the commission of-- 10 (a) the offence (the "attempted offence"); or 11 (b) any other indictable offence of which a person may be convicted, 12 on an indictment or crime complaint charging the person with 13 committing the attempted offence. 14 (3) On an indictment or crime complaint charging a person with 15 attempting to commit an offence (the "attempted offence"), the person 16 may be convicted of attempting to commit any other offence of which a 17 person may be convicted, on an indictment or crime complaint charging the 18 person with committing the attempted offence. 19 (4) On an indictment or crime complaint charging a person with 20 attempting to procure the commission of an offence (the "attempted 21 offence"), the person may be convicted of attempting to procure the 22 commission of any other offence of which a person may be convicted on an 23 indictment or crime complaint charging the person with committing the 24 attempted offence. 25 (5) On an indictment or crime complaint charging a person with 26 attempting to procure anyone to do an act that is an offence (the "attempted 27 offence"), the person may be convicted of attempting to procure the other 28 person to do any other act-- 29 (a) that is an offence; and 30 (b) of which a person may be convicted on an indictment or crime 31 complaint charging the person with the attempted offence. 32

 


 

s 351 202 s 354 Criminal Code involving specific result or intent 1 Charge 351.(1) On an indictment or crime complaint charging a person with an 2 offence that has as an element the causing of a specific result, the person 3 may be convicted of any indictable offence-- 4 (a) proved by the evidence; and 5 (b) that has as an element an intent to cause the specific result, or a 6 result of a similar but less injurious nature. 7 (2) On an indictment or crime complaint charging a person with an 8 offence that has as an element an intent to cause a specific result, the person 9 may be convicted of any indictable offence-- 10 (a) proved by the evidence; and 11 (b) that has as an element the unlawful causing of the specified result. 12 Division 3--Particular offences 13 verdicts on conspiracy charge 14 Alternative 352. On an indictment or crime complaint charging a person with 15 conspiring to commit an offence, the person may be convicted of 16 committing or attempting to commit the offence it is claimed was intended 17 to be committed under the conspiracy, if it is proved the offence was 18 actually committed or attempted. 19 verdict of being an accessory after the fact on charge of 20 Alternative committing an offence 21 353. On an indictment or crime complaint charging a person with 22 committing an offence, the person may be convicted of becoming an 23 accessory after the fact to the offence, if it is proved the person became an 24 accessory after the fact to the offence. 25 containing count of murder or unlawful killing 26 Indictment 354.(1) On an indictment against a person containing a count of 27

 


 

s 355 203 s 356 Criminal Code murder,56 the person-- 1 (a) may be convicted, on the count, of unlawful killing57 if that crime 2 is proved by the evidence; but 3 (b) cannot, on the count, be convicted of any other offence, other than 4 that with which the person is charged, unless otherwise expressly 5 provided. 6 (2) On an indictment against a person containing a count of unlawful 7 killing, the person, on the count, cannot be convicted of any other offence, 8 other than that with which the person is charged, unless otherwise expressly 9 provided. 10 of child homicide 11 Charge 355.(1) This section applies to an indictment charging a person with 12 murder58 or unlawful killing,59 if it is proved that the person who was killed 13 was a recently born child. 14 (2) The person may be convicted of either of the following offences 15 proved by the evidence-- 16 killing an unborn child 17 trying to hide a child's birth.60 18 of offence of a sexual nature 19 Charge 356.(1) On an indictment charging a person with rape, 61 the person may 20 be convicted of any of the following offences, if proved by the evidence-- 21 indecent assault 22 procuring an act of gross indecency 23 56 See section 94 (What is "murder"). 57 See section 96 (Manslaughter). 58 See section 94 (What is "murder"). 59 See section 96 (Manslaughter). 60 See sections 109 (Killing an unborn child) and 110 (Hiding the birth of a child). 61 See section 116 (Rape).

 


 

s 356 204 s 356 Criminal Code indecently dealing with a child under 16, if the indecent dealing 1 involves the doing of a sexual act 2 having unlawful vaginal intercourse with a female under 16 3 having, or attempting to have, unlawful sexual intercourse with a 4 person who has an intellectual or psychiatric impairment 5 indecently dealing with a person who has an intellectual or 6 psychiatric impairment, if the indecent dealing involves the doing 7 of a sexual act 8 procuring a child for sexual intercourse 9 procuring a person who has an intellectual or psychiatric 10 impairment for sexual intercourse 11 unlawfully procuring a person to engage in a sexual act 12 drugging a person to allow a sexual act to be engaged in 13 having anal intercourse with a child.62 14 (2) On an indictment charging a person with attempting to commit rape, 15 the person may be convicted of any of the following offences, if proved by 16 the evidence-- 17 indecent assault 18 procuring an act of gross indecency 19 indecently dealing with a child under 16, if the indecent dealing 20 involves the doing of a sexual act 21 attempting to have unlawful vaginal intercourse with a female 22 under 16 23 attempting to have unlawful sexual intercourse with a person who 24 62 See sections 117 (Sexual assault), 118 (Procuring act of gross indecency), 226 (Indecently dealing with child under 16), 227 (Vaginal intercourse with female under 16), 233 (Unlawful sexual intercourse with a person who has an intellectual or psychiatric impairment), 234 (Indecently dealing with a person who has an intellectual or psychiatric impairment), 235 (Procuring a child for sexual intercourse), 236 (Procuring a person who has an intellectual or psychiatric impairment for sexual intercourse), 237 (Procuring sexual acts by deception or coercion), 238 (Drugging person to allow sexual act to be engaged in) and 243 (Anal intercourse with a child).

 


 

s 356 205 s 356 Criminal Code has an intellectual or psychiatric impairment 1 indecently dealing with a person who has an intellectual or 2 psychiatric impairment, if the indecent dealing involves the doing 3 of a sexual act.63 4 (3) On an indictment or crime complaint charging a person with having 5 unlawful vaginal intercourse with a female under 16,64 the person may be 6 convicted of any of the following offences, if proved by the evidence-- 7 indecently dealing with a child under 16, if the indecent dealing 8 involves the doing of a sexual act 9 unlawfully procuring a person to engage in a sexual act 10 drugging a person to allow a sexual act to be engaged in.65 11 (4) On an indictment charging a person with having unlawful vaginal 12 intercourse with a female under 16,66 the person may be convicted of any of 13 the following offences, if proved by the evidence-- 14 procuring a child for sexual intercourse 15 procuring a person who has an intellectual or psychiatric 16 impairment for sexual intercourse.67 17 (5) On an indictment or crime complaint charging a person with indecent 18 assault,68 the person may be convicted of the crime of indecently dealing 19 with a child under 16, 69 if the indecent dealing involves the doing of a 20 63 See sections 117 (Sexual assault), 118 (Procuring act of gross indecency), 226 (Indecently dealing with child under 16), 227 (Vaginal intercourse with female under 16), 233 (Unlawful sexual intercourse with a person who has an intellectual or psychiatric impairment) and 234 (Indecently dealing with a person who has an intellectual or psychiatric impairment). 64 See section 227 (Vaginal intercourse with female under 16). 65 See sections 226 (Indecently dealing with child under 16), 237 (Procuring sexual acts by deception or coercion) and 238 (Drugging person to allow sexual act to be engaged in). 66 See section 227 (Vaginal intercourse with female under 16). 67 See sections 235 (Procuring a child for sexual intercourse) and 236 (Procuring a person who has an intellectual or psychiatric impairment for sexual intercourse) 68 See section 117 (Sexual assault). 69 See section 226 (Indecently dealing with child under 16).

 


 

s 357 206 s 358 Criminal Code sexual act and the crime is proved by the evidence. 1 (6) On an indictment charging a person with the crime of incest with 2 female or incest with male70 or attempting to commit the crime, the person 3 may be convicted of indecently dealing with a child under 16,71 if-- 4 (a) the crime of indecently dealing with a child under 16 is proved by 5 the evidence; and 6 (b) the indecent dealing involves the doing of a sexual act. 7 (7) A person convicted of an offence under this section may be convicted 8 of the offence with any circumstance of aggravation proved by the evidence. 9 power to convict for dangerous operation of a vehicle 10 Additional 357.(1) On an indictment or crime complaint charging a person with an 11 offence connected with or arising from the operation of a vehicle by the 12 person (other than an offence against section 13472), the person may be 13 convicted of an offence against section 134 if the offence is proved by the 14 evidence. 15 (2) This section applies even if the person is charged on indictment with 16 murder73 or unlawful killing.74 17 dishonest appropriation and fraud 18 Stealing, 358.(1) This section applies to an indictment or crime complaint charging 19 a person with any of the following offences-- 20 (a) stealing; 21 (b) dishonest appropriation; 22 (c) fraud; 23 70 See sections 244 (Incest with female) and 245 (Incest with male). 71 See section 226 (Indecently dealing with child under 16). 72 Section 134 (Dangerous operation of a vehicle) 73 See section 95 (Murder). 74 See section 96 (Manslaughter).

 


 

s 359 207 s 361 Criminal Code (d) procuring another person to commit an offence mentioned in 1 paragraphs (a) to (c). 2 (2) The person may be convicted of any of the other offences mentioned 3 in subsection (1) if the other offence is proved by the evidence to have been 4 committed in relation to the same property. 5 for joint receiving 6 Indictment 359.(1) This section applies to a trial on an indictment or crime complaint 7 charging 2 or more persons jointly with an offence when the receiving of 8 property is an element. 9 (2) If the evidence proves 1 or more persons separately received any part 10 of the property in circumstances constituting an offence, the 1 or more 11 persons may be convicted of the offence proved by the evidence. 12 of damage to property 13 Charge 360.(1) This section applies if a person is charged on an indictment or 14 crime complaint with an offence that has as an element the wilful and 15 unlawful doing of specific damage to property. 16 (2) The person may be convicted of wilfully and unlawfully damaging 17 property to a lesser degree than that charged. 18 PART 5--TRIAL PROCEEDINGS GENERALLY 19 Division 1--Directions and rulings before trial 20 and rulings before trial 21 Directions 361.(1) This section applies if the State intends to bring a person to trial 22 on indictment for an indictable offence. 23 (2) To help a speedy disposition of the trial-- 24 (a) a party may apply to a judge for a direction or ruling; or 25

 


 

s 362 208 s 362 Criminal Code (b) a judge, on the judge's own initiative, may direct the parties to 1 attend before the judge for a direction or ruling. 2 (3) Without limiting subsection (2), 1 or more of the following directions 3 or rulings may be given, that is, directions or rulings-- 4 (a) about the setting aside of an indictment; 5 (b) about the joinder of charges; 6 (c) requiring the accused person to be given a statement proof of 7 evidence or other information; 8 (d) for arrangements instead of a committal proceeding; 9 (e) to encourage the parties to narrow the issues; 10 (f) to note admissions and issues the parties agree are relevant to the 11 trial; 12 (g) to decide issues of law including the admissibility of evidence; 13 (h) for an administrative arrangement to help the trial. 14 (4) The parties are bound at the trial by a direction or ruling unless the 15 trial judge directs otherwise for special reasons. 16 (5) A direction or ruling is not subject to an interlocutory appeal, but may 17 be the subject of an appeal after the trial has been heard as if given in the 18 trial. 19 (6) In this section-- 20 "judge" means-- 21 (a) if a trial is intended to take place in the Supreme Court--any 22 Supreme Court judge; or 23 (b) if a trial is intended to take place in a District Court--any judge of 24 District Courts. 25 Division 2--Separate trials 26 to charges dealt with on indictment or summarily 27 Application 362. This division applies to a charge for an indictable offence whether 28 the charge is dealt with on indictment or summarily. 29

 


 

s 363 209 s 364 Criminal Code trials when 2 or more charges against the same person 1 Separate 363.(1) Before or during a person's trial on indictment or crime 2 complaint, the trial court may order a separate trial of any charge in the 3 indictment or crime complaint if it considers-- 4 (a) the person may be prejudiced or embarrassed in the person's 5 defence because there is more than 1 offence charged in the 6 indictment or crime complaint; or 7 (b) that for another reason it is desirable to direct the person should 8 be tried separately for an offence charged in an indictment or 9 crime complaint. 10 (2) The court may discharge a jury sworn from giving a verdict on the 11 count directed to be tried separately. 12 (3) The procedure on the separate trial of a charge is the same as if the 13 charge had been set out in a separate indictment or crime complaint. 14 (4) The court may-- 15 (a) adjourn a separate trial; and 16 (b) remand the charged person; and 17 (c) make any order about bail, the enlargement of notices to 18 witnesses or otherwise it considers appropriate. 19 (5) In this section-- 20 "adjourn a separate trial" includes postpone a separate trial if the person 21 to be tried has not been called on to plead to a charge in the indictment. 22 trial for real chance of complainant's concoction 23 Separate 364.(1) This section applies if, on a trial of a person charged on 24 indictment or crime complaint, the prosecution intends to present as similar 25 fact evidence on each of more than 1 charge the evidence of different 26 complainants for the charges. 27 (2) The possibility of concoction between the complainants is not a 28 reason for ordering a separate trial for any charge unless the court is 29 satisfied there is a real chance the concoction has happened. 30

 


 

s 365 210 s 366 Criminal Code (3) It is immaterial that in a particular trial complainants for more than 1 1 charge may also be complainants for a single charge. 2 trials 3 Separate 365. If 2 or more persons are charged in the same indictment, whether 4 with the same offence or with different offences, the court may, during the 5 trial, on the application of any of the persons-- 6 (a) direct the trial of the persons or any of them be held separately 7 from the trial of the other or others of them; and 8 (b) if a jury has been sworn--discharge the jury from giving a 9 verdict about any of the persons. 10 3--Bringing on trial and ordering adjournment 11 Division to be tried 12 Right 366.(1) This section applies to a person who has been committed for trial 13 before a court for an indictable offence. 14 (2) The person may apply, during a sittings of the court held after the 15 person's committal, to the court to be brought to trial. 16 (3) The application may be oral or written. 17 (4) The application-- 18 (a) must be dealt with in open court; and 19 (b) if the application is written--may be dealt with in the applicant's 20 absence. 21 (5) If a person has applied under subsection (2) and is then not brought 22 to trial by the last day of the court's sittings following the sittings when the 23 person applied, the person has the right to be discharged from the effect of 24 the committal. 25 (6) If an indictment is not presented against the person during the sittings 26 of the court to which the person was committed for trial, the court must, on 27 application made for the person on the last day of the sittings, release the 28

 


 

s 367 211 s 368 Criminal Code person under the Bail Act 1980 unless it appears from evidence on oath that 1 some material evidence for the State could not be produced at the sittings. 2 trial of a person not under committal 3 Accelerating 367.(1) This section applies if an indictment for an offence is presented 4 in a court against a person who has not been committed for trial on the 5 offence. 6 (2) On the person's application, the court may order the person's trial to 7 be brought on if it considers there has been undue delay. 8 of trial 9 Adjournment 368.(1) The court to which a person has been committed or remanded 10 for trial on indictment or before which an indictment is or has been 11 presented may, if it considers it appropriate-- 12 (a) adjourn the trial; and 13 (b) for the period of the adjournment--remand the person in custody 14 or release the person under the Bail Act 1980. 15 (2) A trial may be adjourned whether or not-- 16 (a) the person is present; or 17 (b) the person has been called on to plead to the indictment; or 18 (c) a jury has been sworn; or 19 (d) evidence has been given. 20 (3) The State must, when an application for an adjournment is to be 21 made in the absence of a person who is to be tried on indictment and is 22 being held in a prison or detention centre, give the person written notice-- 23 (a) that the application is to be made; and 24 (b) of the nature, date, time and place of the application; and 25 (c) that the person may give the court a written statement about the 26 application; and 27 (d) that the person may be represented by a lawyer on the hearing of 28 the application. 29

 


 

s 369 212 s 371 Criminal Code (4) In this section-- 1 "adjourn the trial" includes postpone the trial if the person to be tried on 2 indictment has not been called on to plead to the indictment. 3 about trial on adjournment 4 Directions 369.(1) If the trial of a person charged or to be charged with an offence 5 on indictment is adjourned, the court in open court may direct the trial to be 6 held-- 7 (a) at a later sittings of the same court; or 8 (b) before another court of competent jurisdiction. 9 (2) If the court makes a direction under subsection (1)(a), it must at the 10 same time decide the sittings to which the trial is adjourned. 11 (3) If the court makes a direction under subsection (1)(b)-- 12 (a) the court's appropriate officer must give the indictment and other 13 proceedings to the appropriate officer of the court to which the 14 person is remanded (the "new court"); and 15 (b) the new court has the same jurisdiction to try the person as if the 16 person had been committed originally to be tried before it. 17 of notice to witness on adjournment of trial 18 Enlargement 370.(1) If the trial of a person charged or to be charged with an offence 19 on indictment is adjourned, the court may enlarge the notice given to a 20 witness. 21 (2) If a notice is enlarged, the witness must attend to give evidence at the 22 court sittings and place to which the trial is adjourned in the same way as if 23 the witness had been given a fresh notice. 24 Division 4--Applications by charged person about indictment 25 of copy of indictment 26 Delivery 371. If an indictment is presented against a person, the court must, on the 27

 


 

s 372 213 s 374 Criminal Code person's application, order a copy of the indictment to be delivered to the 1 person without fee. 2 to set aside indictment 3 Application 372.(1) A person charged on indictment may, before pleading, apply to 4 the court to set aside the indictment because it-- 5 (a) does not disclose an offence; or 6 (b) is calculated to prejudice or embarrass the person in the person's 7 defence to the charge; or 8 (c) is formally defective. 9 (2) On the application, the court may-- 10 (a) set aside the indictment; or 11 (b) order the indictment to be amended in the way the court considers 12 appropriate; or 13 (c) refuse the application. 14 name 15 Wrong 373. If a person charged on indictment claims to have been wrongly 16 named in the indictment, the court, on being satisfied by affidavit or 17 otherwise of the claim, may order the indictment to be amended. 18 Division 5--Pleas 19 person to be called on to plead to indictment 20 Charged 374.(1) At the time appointed for a person's trial on indictment, the 21 person must be-- 22 (a) informed in open court of the offence with which the person is 23 charged in the indictment; and 24 (b) called on to plead to the indictment by indicating whether the 25 person is guilty or not guilty of the charge. 26

 


 

s 375 214 s 375 Criminal Code (2) If the indictment contains more than 1 count, a plea to more than 1 1 count may be taken with the person's consent on the basis that the plea to 2 1 count will be treated as a plea to another similar count. 3 4 Example-- 5 A person charged on indictment with 10 counts of dishonest appropriation may 6 agree to plead guilty to all the counts by having the person's plea of guilty to the first 7 count taken as a plea of guilty to all the counts. (3) When the person is called on to plead to the charge-- 8 (a) the trial on a charge is taken to begin; and 9 (b) the person is taken to be brought to trial on the charge. 10 11 Pleas 375.(1) A person charged on indictment must plead to the indictment 12 unless the person-- 13 (a) applies to set aside the indictment; or 14 (b) applies for a separate trial of a count on the indictment. 15 (2) If the person pleads, the person may plead either that-- 16 (a) the person is guilty of-- 17 (i) the offence charged in the indictment; or 18 (ii) with the State's consent, any other offence of which the 19 person might be convicted on the indictment; or 20 (b) the person is not guilty; or 21 (c) the person has already been tried and convicted or acquitted-- 22 (i) on a charge on which the person could have been convicted 23 of the offence with which the person is charged; or 24 (ii) of an offence of which the person could be convicted on the 25 indictment; or 26 (d) the person has already been tried and convicted or acquitted of an 27 offence committed or claimed to be committed in circumstances 28 that prevent the person being tried for the offence charged in the 29 indictment; or 30

 


 

s 376 215 s 376 Criminal Code (e) the person has been pardoned for the offence charged in the 1 indictment; or 2 (f) the court has no jurisdiction to try the person for the offence. 3 (3) Two or more pleas may be pleaded together, but the plea of guilty 4 cannot be pleaded with another plea to the same charge. 5 committed for sentence 6 Person 376.(1) If a person has been committed by a Magistrates Court for 7 sentence on indictment, the person-- 8 (a) must be called on to plead to the indictment in the same way as 9 other persons; and 10 (b) may plead that the person is guilty of-- 11 (i) the offence charged in the indictment; or 12 (ii) with the State's consent, another offence of which the person 13 can be convicted on the indictment. 14 (2) Even though the person pleads not guilty, the court, if satisfied the 15 person admitted before the Magistrates Court that the person was guilty of 16 the offence charged in the indictment, must order a plea of guilty to be 17 entered. 18 (3) The plea has the same effect as if it had been actually pleaded. 19 (4) Whether the person pleads guilty or not guilty, the court may order a 20 plea of not guilty to be entered if the court considers, on examining the 21 record of proceedings before the Magistrates Court or after hearing 22 evidence-- 23 (a) that the person has not committed the offence charged in the 24 indictment or another offence of which the person can be 25 convicted on the indictment; or 26 (b) that the admission of guilt made before the Magistrates Court was 27 made under a material misunderstanding about the nature of the 28 charge or admission. 29

 


 

s 377 216 s 379 Criminal Code (5) A person who has been committed for sentence on indictment may 1 plead any of the other pleas mentioned in section 375.75 2 entered for person by court 3 Plea 377.(1) If, when called to plead to an indictment or crime complaint, the 4 person charged on the indictment does not plead or answer directly to the 5 indictment, the court may, if it considers it appropriate, order a plea of not 6 guilty to be entered for the person. 7 (2) The plea has the same effect as if it had been actually pleaded. 8 of previous conviction or acquittal 9 Plea 378.(1) In a plea to an indictment that the charged person has already 10 been convicted or acquitted, it is enough to state that the person has been 11 lawfully convicted or acquitted of-- 12 (a) the offence charged in the indictment; or 13 (b) the other offence of which the person claims the person has been 14 convicted or acquitted and to describe the offence by a term by 15 which it is commonly known. 16 (2) This section also applies to a summary proceeding for an indictable 17 offence and, for applying this section, a reference to an indictment includes 18 a reference to a crime complaint. 19 on plea to the jurisdiction or plea of former conviction or 20 Trial acquittal 21 379.(1) On a plea to the court's jurisdiction or a plea of former 22 conviction or acquittal, the court must satisfy itself, in the way and on the 23 evidence it considers appropriate, whether or not the plea is made out. 24 (2) An issue under subsection (1) is an issue of law. 25 (3) This section also applies to a summary proceeding for an indictable 26 offence. 27 75 Section 375 (Pleas)

 


 

s 380 217 s 381 Criminal Code person incapable of understanding trial proceedings 1 Charged 380.(1) This section applies if, when a person charged on indictment is 2 called on to plead to the indictment, it appears for any reason to be uncertain 3 whether the person is capable of understanding the proceedings at the trial 4 so as to be able to make a proper defence. 5 (2) A jury of 12 persons chosen from the panel of jurors must be 6 empanelled immediately and sworn to find whether or not the person is so 7 capable. 8 (3) If the jury find the person is capable of understanding the 9 proceedings, the trial must continue as in other cases. 10 (4) If the jury find the person is incapable of understanding the 11 proceedings it must say whether it is because the person is of unsound 12 mind or because of some other stated reason. 13 (5) A finding under subsection (4) must be recorded. 14 (6) The court may order the person incapable of understanding the 15 proceedings-- 16 (a) to be discharged; or 17 (b) to be kept in custody in the place and the way the court considers 18 appropriate, until the person can be dealt with under the law. 19 (7) A person found to be incapable of understanding the proceedings at 20 the trial may be again indicted and tried for the offence. 21 (8) This section also applies to a summary proceeding for an indictable 22 offence and, for applying this section, a reference to an indictment includes 23 a reference to a crime complaint. 24 Division 6--Corporation as charged person 25 in court and plea when a corporation is charged 26 Presence 381.(1) When an indictment is presented against a corporation, the 27 corporation may-- 28 (a) be present in court by its representative; and 29 (b) enter a written plea by its representative. 30

 


 

s 381 218 s 381 Criminal Code (2) The plea entered by the representative is taken to be a plea entered by 1 the corporation. 2 (3) The court must order a plea of not guilty to be entered for the 3 corporation if the corporation-- 4 (a) is not present in court by its representative; or 5 (b) though it is present in court by its representative, does not enter a 6 written plea by its representative. 7 (4) The plea entered by the court has the same effect as if it had been 8 actually pleaded, and the trial of the corporation may continue on that basis. 9 (5) A requirement that, during a person's trial, a thing be done in the 10 person's presence or read by, said to or asked of, the person, for a 11 corporation present in court by its representative, is taken to be a 12 requirement that the thing be done in the representative's presence or read 13 by, said to or asked of, the representative. 14 (6) If the corporation is not present in court by its representative, it is not 15 necessary for the thing to be done, read, said or asked. 16 (7) If, for a person's trial, a thing is required to be done or said by the 17 person personally, it may, for a corporation present in court by its 18 representative, be done or said by the representative. 19 (8) A thing done or said by the representative is taken to be done or said 20 by the corporation. 21 (9) Subsection (7) does not limit subsection (1) or (2) or section 383.76 22 (10) A representative need not be appointed under the corporation's seal. 23 (11) A written statement that-- 24 (a) purports to be signed by the corporation's managing director or 25 someone else responsible for controlling or managing the 26 corporation; and 27 (b) states that a named person has been appointed as the 28 corporation's representative for this section; 29 is admissible without further proof as evidence that the person has been 30 76 Section 383 (Presence of charged person)

 


 

s 382 219 s 383 Criminal Code appointed. 1 (12) In this section-- 2 "representative" means a person appointed by a corporation to represent it 3 for this section. 4 Division 7--Appearances and fair conduct 5 in person or by a lawyer 6 Defence 382.(1) A person charged with an offence has the right to defend himself 7 or herself or be represented by a lawyer at the person's trial. 8 (2) This section also applies to a summary proceeding for an indictable 9 offence. 10 of charged person 11 Presence 383.(1) The trial of a person charged on indictment must take place in the 12 person's presence, unless an Act otherwise provides. 13 (2) However, if the person behaves in or outside court in a way that 14 makes it impracticable to continue the trial in the person's presence, the 15 court may order the person to be removed and the trial to continue in the 16 person's absence. 17 (3) The order may be suspended and renewed as necessary during the 18 trial. 19 (4) Also, a court may permit a person charged before it on indictment to 20 be absent during all or part of the trial if-- 21 (a) an application for permission to be absent is made by or for the 22 person; and 23 (b) the court is satisfied that the trial may be fairly conducted during 24 the permitted absence. 25 (5) The court may make an order under subsection (4) on conditions it 26 may consider appropriate. 27 (6) If a person charged on indictment is absent during the person's trial 28 on the indictment without the court's permission, the court-- 29

 


 

s 384 220 s 385 Criminal Code (a) may order the trial to proceed in the person's absence if it is 1 satisfied that this would be in the interests of justice; and 2 (b) may order a warrant to be issued to arrest the person and bring 3 the person before the court as soon as practicable. 4 (7) This section also applies to a summary proceeding for an indictable 5 offence and, for applying the section, a reference to an indictment includes a 6 reference to a crime complaint. 7 for fair conduct of trial 8 Orders 384.(1) A judge presiding at a person's trial on indictment may give any 9 order the judge considers necessary for the fair conduct of a trial to the 10 person, a witness or anyone summoned to be a witness. 11 12 Example-- 13 A judge may order a witness to remove head wear or glasses to allow the jury to 14 see the witness's face properly. (2) Subsection (1) also applies to a summary proceeding for an indictable 15 offence, and, for applying the subsection, a reference to a judge is a 16 reference to a magistrate. 17 Division 8--Trial of issues 18 by jury 19 Trial 385.(1) This section applies if a person charged on indictment enters a 20 plea other than any of the following pleas-- 21 (a) a plea of guilty; 22 (b) a plea to the court's jurisdiction; 23 (c) a plea of previous conviction or acquittal. 24 (2) The person-- 25 (a) is taken to have demanded that the issues raised by the plea be 26 tried by a jury; and 27 (b) has the right to have the issues tried by a jury. 28

 


 

s 386 221 s 388 Criminal Code Act 1995 1 Jury 386. The Jury Act 1995 states the law about the following-- 2 (a) the obligation to perform jury service; 3 (b) organisation of juries generally; 4 (c) the selection of a jury; 5 (d) arrangements for a jury during a trial; 6 (e) juror's remuneration and allowances. 7 in defence 8 Evidence 387.(1) At the close of the evidence for the prosecution in a person's 9 trial, the court's appropriate officer must-- 10 (a) advise the person of the person's right to elect to remain silent or 11 to present evidence in the person's defence; and 12 (b) ask the person whether the person intends to present evidence in 13 the person's defence. 14 (2) This section also applies to a summary proceeding for an indictable 15 offence. 16 by parties 17 Addresses 388.(1) Before evidence is given at a trial, the prosecutor may address the 18 jury to state the prosecution's case. 19 (2) If, after all the evidence for the prosecution has been given, evidence 20 is not then given for the person being tried, the prosecutor may address the 21 jury to sum up the prosecution's case. 22 (3) If, after all the evidence for the prosecution has been given, evidence 23 is to be given for the person being tried, the person or the person's lawyer 24 may address the jury to state the person's case. 25 (4) If evidence is to be given for more than 1 person being tried, each 26 person or the person's lawyer may address the jury under subsection (3) 27 just before the evidence is given for the person. 28 (5) After all the evidence has been given for a person being tried, or if 29

 


 

s 389 222 s 390 Criminal Code evidence is given for more than 1 person being tried, after all the evidence 1 has been given for all of them, the prosecutor may address the jury to sum 2 up the prosecution's case. 3 (6) After the prosecutor has summed up the prosecution's case, the 4 person being tried or the person's lawyer may address the jury to sum up 5 the person's case. 6 (7) If there is more than 1 person being tried, each person or the person's 7 lawyer may address the jury to sum up the person's case in the order 8 established by practice. 9 (8) However, if anything is asserted in a summing up for a person being 10 tried that is unsupported by the trial evidence, the trial judge may give the 11 prosecutor leave to make a supplementary address to the jury about the 12 assertion. 13 (9) If there is more than 1 summing up for a person being tried because 14 there is more than 1 of them, the supplementary address must be made at 15 the end of the last summing up. 16 (10) This section also applies to a summary proceeding for an indictable 17 offence. 18 up by trial judge 19 Summing 389.(1) After the evidence and the addresses under section 38877 have 20 concluded, the court must instruct the jury about the law relevant to the case, 21 with the observations on the evidence the court considers appropriate. 22 (2) After the court has instructed the jury, the jury is to consider its 23 verdict. 24 verdict 25 Special 390. The court may require the jury to find a fact specially, if the court 26 considers-- 27 (a) the issue whether the person being tried ought or ought not to be 28 found guilty of an offence may depend on the fact; or 29 77 Section 388 (Addresses by parties)

 


 

s 391 223 s 391 Criminal Code (b) the appropriate punishment to be imposed on conviction may 1 depend on the fact. 2 Division 9--Other provisions 3 on charge of an offence committed after previous 4 Procedure conviction 5 391.(1) A proceeding against a person on an indictment for committing 6 an offence after a previous conviction must be as follows-- 7 (a) the person must be called on to plead to as much only of the 8 indictment as charges the subsequent offence; 9 (b) if the person pleads a plea that raises an issue to be tried by a 10 jury--the jury must be charged to inquire about the subsequent 11 offence only; 12 (c) if the person pleads guilty or on trial the person is convicted of the 13 subsequent offence--the person is then, and not before, to be 14 asked whether the person had been previously convicted as 15 claimed in the indictment; 16 (d) if the person answers that the person had been previously 17 convicted--the court may then pass sentence on the person; 18 (e) if the person denies the person had been previously convicted or 19 will not answer directly to the question--the judge must decide 20 the issue as an issue of law before sentencing the person. 21 (2) Subsection (1) does not mean the prosecution cannot in the trial of the 22 subsequent offence present evidence of the person's previous conviction on 23 an issue about the person's good character. 24 (3) This section also applies to a summary proceeding for an indictable 25 offence and, for applying the section to a summary proceeding-- 26 (a) a reference to a judge or jury is a reference to the presiding 27 magistrate; and 28 (b) a reference to a indictment is a reference to a crime complaint. 29

 


 

s 392 224 s 393 Criminal Code pleas 1 Further 392.(1) If the issues raised by a plea (other than the plea of not guilty) 2 have been found against a charged person who has not pleaded the plea of 3 not guilty the person must be called on to plead afresh. 4 (2) This section also applies to a summary proceeding for an indictable 5 offence. 6 of guilty during trial 7 Plea 393.(1) This section applies if, before the jury returns its verdict, the 8 person being tried informs the court that-- 9 (a) the person wishes to change the person's plea to one of guilty of 10 the offence charged in the indictment; or 11 (b) the person wishes to plead guilty to another offence of which the 12 person might be found guilty on the indictment. 13 (2) The court may direct-- 14 (a) if subsection (1)(a) applies--the person be again called on in open 15 court-- 16 (i) to plead to the indictment; and 17 (ii) to say whether the person is guilty or not guilty of the 18 offence charged; or 19 (b) if subsection (1)(b) applies--with the State's consent, the person 20 be called on in open court-- 21 (i) to plead to the other offence of which the person might be 22 found guilty on the indictment (the "other offence"); and 23 (ii) to say whether the person is guilty or not guilty of the other 24 offence. 25 (3) It is unnecessary for the plea to be taken in the jury's presence. 26 (4) If the person does not plead guilty to the offence charged in the 27 indictment or to the other offence, the trial must continue. 28 (5) If the person pleads guilty to the offence charged in the indictment or 29 to the other offence, the jury must be discharged from giving its verdict for 30 the offence charged in the indictment. 31

 


 

s 394 225 s 395 Criminal Code (6) The person's plea of guilty has the same effect as if made by the 1 person when called on at the start of a trial to plead to an indictment 2 charging the person with the offence. 3 (7) This section also applies to a summary proceeding for an indictable 4 offence and, for this subsection-- 5 (a) a reference to a jury is a reference to a magistrate; and 6 (b) a reference to an indictment is a reference to a crime complaint. 7 ART 6--EVIDENCE 8 P 1--General 9 Division of authority to start prosecution 10 Evidence 394.(1) A statement in an indictment that the prosecution is by the 11 direction of, or with the consent of, a State law officer, or at the request of 12 the government of the Commonwealth or a State, is sufficient evidence of 13 the fact unless the contrary is proved. 14 (2) In this section-- 15 "State law officer" includes a person holding an office of and for the 16 Commonwealth or a State that corresponds to the office of State law 17 officer. 18 of trial proceedings 19 Recording 395.(1) The proceedings at every trial of a person on indictment must, if 20 practicable, be recorded in shorthand or by a mechanical device or partly in 21 shorthand and partly by a mechanical device. 22 (2) A copy of a record of all or part of the proceedings (the "copy") may 23 be given to an interested party under the criminal practice rules. 24 (3) The criminal practice rules may prescribe, for a trial or appeal-- 25 (a) who is an interested party under subsection (2); and 26

 


 

s 396 226 s 397 Criminal Code (b) the authorisation of the supply of a copy to a person because the 1 person has a sufficient interest in the proceeding and who can 2 give the authorisation. 3 (4) The Attorney-General may give a copy to a person in the 4 circumstances and on the conditions the Attorney-General considers 5 appropriate. 6 (5) The supply of a copy under this section or the criminal practice rules 7 does not make the State, a State law officer, the registrar or anyone else 8 responsible for, or associated with, the supply liable in law for the supply. 9 (6) In this section-- 10 "mechanical device" has the meaning given by the Recording of Evidence 11 Act 1962. 12 exhibits etc. 13 Documents, 396.(1) A document, exhibit or anything else connected with a 14 proceeding before a trial court, in relation to which a person has the right, or 15 may be authorised, to appeal, must be kept in the court's custody for the 16 prescribed time. 17 (2) Subsection (1) is subject to a power prescribed for the conditional 18 release of the document, exhibit or other thing from the trial court's 19 custody. 20 Division 2--Evidence about offences 21 of blood relationship for particular sexual crimes 22 Evidence 397.(1) This section applies to the trial of a person charged with a 23 prescribed crime. 24 (2) Blood relationship is sufficiently proved by proof that the 25 relationship is reputed to exist. 26 (3) The charged person is presumed to have had knowledge of the blood 27 relationship when the prescribed crime is claimed to have been committed. 28 (4) The presumption in subsection (3) continues until the contrary is 29

 


 

s 398 227 s 398 Criminal Code proved. 1 (5) In this section-- 2 "blood relationship" means the blood relationship existing between a 3 person charged with a prescribed crime and anyone in relation to 4 whom, or with whom, a prescribed crime is claimed to have been 5 committed. 6 "prescribed crime" means any of the following crimes or a crime of 7 attempting or conspiring to commit any of them-- 8 (a) indecently dealing with a child under 16 or indecently dealing 9 with a person who has an intellectual or psychiatric impairment, if 10 it is claimed as a circumstance of aggravation that the crime was 11 committed in relation to a person who is the descendant of the 12 person charged; 13 (b) anal intercourse with a child, if it is claimed as a circumstance of 14 aggravation that the crime was committed in relation to a child 15 under 16 years who is the descendant of the person charged; 16 (c) incest with female; 17 (d) incest with male.78 18 on particular charges of stealing or dishonestly 19 Evidence appropriating 20 398.(1) This section applies to the trial of a person charged with-- 21 (a) dishonestly appropriating property with a circumstance of 22 aggravation mentioned in section 15879, penalty, subparagraphs 23 (i) to (v); or 24 (b) stealing in breach of a fiduciary duty owed by the person to 25 78 See sections 226 (Indecently dealing with child under 16), 234 (Indecently dealing with a person who has an intellectual or psychiatric impairment), 243 (Anal intercourse with a child), 244 (Incest with female) and 245 (Incest with male). 79 Section 158 (Dishonest appropriation). The circumstances of aggravation are about dishonestly appropriating property while in the position of corporation director, an employee, a trustee or similar position or while holding property on account of another.

 


 

s 399 228 s 399 Criminal Code anyone or in a circumstance similar to a circumstance of 1 aggravation mentioned in paragraph (a). 2 (2) An entry in a book of account kept by the person purporting to 3 indicate the receipt of property is evidence the property purporting to have 4 been received was received by the person. 5 (3) It is unnecessary to prove the person stole or dishonestly appropriated 6 a specific amount if-- 7 (a) on an examination of the books of account kept by the person or 8 because of other evidence, there is proof of stealing or dishonestly 9 appropriating property over a period (the "deficient property"); 10 and 11 (b) there is proof the person stole or dishonestly appropriated the 12 deficient property or part of it. 13 (4) For this section books of account are also taken to be kept by the 14 person if they are kept under the person's supervision or if the person is in 15 charge of the books. 16 of ownership etc. on particular charges of stealing or 17 Evidence dishonestly appropriating property 18 399.(1) This section applies to the trial of a person charged with-- 19 (a) dishonestly appropriating property with a circumstance of 20 aggravation that the property was in the person's possession 21 subject to a trust, direction or condition that it be applied to a 22 purpose, or be given to anyone, specified in the terms of the trust, 23 condition or direction; or 24 (b) stealing in a circumstance similar to the circumstance of 25 aggravation mentioned in paragraph (a). 26 (2) In the charge the ownership of, right in, title to, or use or benefit of, 27 the property may be claimed in the name of any of the persons (the 28 "beneficiaries") whose property the charged person came into possession 29 of by stating the beneficiary's name with the addition of the words `and 30 others'. 31 (3) The charge is sustained as far as the allegation is concerned on proof 32

 


 

s 400 229 s 401 Criminal Code that the ownership in the property, or the right in, title to, or use or benefit 1 of, the property, was in any of the beneficiaries without deciding which one. 2 must answer incriminating questions in certain cases 3 Witness 400.(1) A witness in a proceeding for an indictable offence defined in 4 any of the following provisions is not excused from answering a question 5 about the offence on the ground that the answer may incriminate or tend to 6 incriminate the witness-- 7 chapter 5, part 3, division 1 8 section 262 9 section 263 10 section 264 11 section 270.80 12 (2) However, the answer is not admissible against the witness in another 13 proceeding, whether civil or criminal, other than a proceeding for perjury 14 about the answer. 15 on trials about false testimony 16 Evidence 401.(1) On the trial of a person charged with an offence of which the 17 giving of false testimony by anyone at the trial of someone charged with an 18 offence is an element, evidence of the proceeding at the previous trial may 19 be given by a certificate-- 20 (a) stating the substantial effect of the charge, and the proceedings at 21 the trial; and 22 (b) purporting to be signed by the proper officer of the court where 23 the charge was tried. 24 80 Chapter 5 (Other public interest offences), part 3 (Bribery), division 1 (Bribery of agents, MLAs and public officers) Section 262 (Bribing a judicial officer) Section 263 (Giving a bribe in relation to a judicial officer) Section 264 (Seeking a bribe in relation to a judicial officer) Section 270 (Compounding etc. offences)

 


 

s 402 230 s 403 Criminal Code (2) The certificate need not state the formal parts of the charge. 1 (3) It is unnecessary to prove the signature or official character of the 2 person who appears to have signed the certificate. 3 (4) In this section-- 4 "proper officer" of a court means the officer who has custody of the 5 court's records and includes the officer's deputy. 6 of health service providers on prostitution matters 7 Non-compellability 402.(1) A health services provider may refuse to provide any document 8 or information, or answer any question, in relation to an investigation of, or 9 prosecution for, an offence against chapter 5, part 6,81 on the ground that it 10 would disclose information gained in providing a health service. 11 (2) In this section-- 12 "health service" means a service genuinely provided to a person for the 13 benefit of human health, and includes services stated in the Health 14 Rights Commission Act 1991, schedule 1, part 1. 15 "health services provider" means-- 16 (a) a registered provider within the meaning of the Health Rights 17 Commission Act 1991; or 18 (b) anyone else who provides a health service; or 19 (c) an employee of a person mentioned in paragraph (a) or (b). 20 certificate for drugs misuse offence 21 Analyst's 403.(1) This section applies if, in a proceeding for a drugs misuse 22 offence-- 23 (a) a certificate purporting to be signed by an analyst is produced; and 24 (b) the certificate is for an analysis or examination made by the 25 analyst. 26 (2) Without proof that the person who purported to sign the certificate in 27 81 Chapter 5, part 6 (Prostitution)

 


 

s 404 231 s 404 Criminal Code fact signed it or that the person who signed the certificate is an analyst, the 1 certificate is evidence of-- 2 (a) the identity and quantity of the thing analysed; and 3 (b) the result of the analysis or examination; and 4 (c) the other matters stated in the certificate and relevant to the 5 proceeding. 6 provisions for drugs misuse offences 7 Evidentiary 404.(1) This section applies to a person charged with a drugs misuse 8 offence. 9 (2) It is unnecessary to particularise the dangerous drug about which the 10 offence is claimed to have been committed. 11 (3) If the court is satisfied that the thing to which the charge relates was at 12 the material time a dangerous drug, the person is liable to be convicted as 13 charged even if the identity of the dangerous drug to which the charge 14 relates is not proved to the satisfaction of the court hearing the charge. 15 (4) Proof that a dangerous drug was, at the material time, in a place 16 occupied by the person or in whose control or management the person was 17 concerned is conclusive evidence that the drug was then in the person's 18 possession unless the person shows the person then neither knew nor had 19 reason to suspect the drug was in the place. 20 (5) The burden of proving an authorisation to do an act lies on the 21 person. 22 (6) If, on the trial of a charge against a person for having committed an 23 offence against section 277, 82 the person is found specially to have 24 committed the offence in relation to some of the property (the "guilty 25 property"), but not all of the property, claimed by the prosecution-- 26 (a) the person is not entitled to be acquitted only because of the 27 finding; and 28 82 Section 277 (Receiving or possessing property derived from trafficking or supplying dangerous drugs or converted property)

 


 

s 405 232 s 408 Criminal Code (b) a conviction must be entered for the offence in relation to the 1 guilty property. 2 that place is being used for prostitution 3 Evidence 405.(1) The fact that a place is being used for prostitution in 4 contravention of chapter 5, part 6, may be inferred from-- 5 (a) evidence of the condition of the place; and 6 (b) material found in the place; and 7 (c) other relevant factors and circumstances. 8 (2) However, evidence of condoms and other material for safe sex 9 practices is not admissible against an accused person. 10 of gaming 11 Evidence 406. If, on the trial of a person charged with an offence, it is necessary to 12 prove a place was kept, used or resorted to for playing a game of chance, or 13 of mixed chance and skill, it is unnecessary to prove that a person found 14 playing a game in the place was playing for money, wager, or stake. 15 need not be directed to particular person 16 Dishonesty 407. On a trial of a person charged with an offence of which dishonesty 17 is an element, it is unnecessary to prove that the act that is the offence was 18 done with intent to act dishonestly towards a particular person, unless the 19 provision defining the offence indicates a contrary intention. 20 need not be intended for a particular person 21 Injury 408. On a trial of a person charged with an offence of which an intent to 22 kill, do grievous bodily harm or otherwise injure is an element, it is 23 unnecessary to prove an intent to injure a particular person, unless the 24 provision defining the offence indicates a contrary intention. 25

 


 

s 409 233 s 410 Criminal Code PART 7--VERDICTS AND JUDGMENTS 1 being tried of unsound mind during trial 2 Person 409.(1) A person on trial for an indictable offence is presumed to be of 3 sound mind at the time of the trial, unless the contrary is proved. 4 (2) A finding that the person is of unsound mind at the time of trial may 5 be sought by-- 6 (a) the person; or 7 (b) the prosecution. 8 (3) Also, the issue of the person's soundness of mind at the time of trial 9 may be raised on the trial judge's own initiative if the person appears to the 10 trial judge to be of unsound mind at the time of trial. 11 (4) If it is claimed or appears the person is of unsound mind at the time 12 of trial the jury must be charged to consider the issue. 13 (5) The onus of proving that the person is of unsound mind-- 14 (a) if a finding that the person is of unsound mind is sought by the 15 person or the prosecution--is on the party seeking the finding; or 16 (b) if the issue is raised by the trial judge--is to be as the trial judge 17 directs. 18 (6) If the jury finds the person is not of sound mind-- 19 (a) the finding must be recorded; and 20 (b) the court must order the person be kept in strict custody in the 21 place and in the way the court considers appropriate until the 22 person is dealt with under the Mental Health Act 1974. 23 (7) A person found to be of unsound mind may be again charged and 24 tried for the offence. 25 because of unsoundness of mind 26 Acquittal 410.(1) This section applies if, on the trial of a person charged with an 27 indictable offence, it is claimed or appears the person was not of sound 28 mind when the act claimed to constitute the offence was done. 29

 


 

s 411 234 s 412 Criminal Code (2) If the jury finds the person is not guilty, the jury must be required-- 1 (a) to find specially whether the person was of unsound mind at the 2 time when the act was done; and 3 (b) to say whether the person is acquitted by it because of the 4 unsoundness of mind. 5 (3) If the jury-- 6 (a) find the person was of unsound mind when the act was done; and 7 (b) say the person is acquitted by it because of the unsoundness of 8 mind; 9 the court must order the person be kept in strict custody, in the place and 10 way the court considers appropriate, until the person is dealt with under the 11 Mental Health Act 1974. 12 (4) The Governor may order the safe custody of the person during the 13 Governor's pleasure, in the place and way the Governor in Council 14 considers appropriate. 15 of person acquitted 16 Discharge 411. If the jury find a person is not guilty of a charge, or give another 17 verdict that shows the person is not liable to punishment for a charge, the 18 person must be discharged from the charge. 19 person to be called on before sentence 20 Convicted 412.(1) This section applies if on a person's trial on an indictable offence, 21 the person-- 22 (a) pleads guilty to an offence; or 23 (b) is found guilty of any offence. 24 (2) The appropriate officer of the trial court must ask the person whether 25 the person has anything to say why the court should not go ahead 26 immediately and hear anything that has to be said about the person's 27 sentence. 28

 


 

s 413 235 s 413 Criminal Code (3) However, a failure to ask the person does not invalidate the judgment. 1 (4) The court must sentence the person. 2 may apply for resentence after reductions if 3 Attorney-General promised cooperation does not eventuate 4 413.(1) If a sentence is reduced by the court imposing the sentence 5 because the convicted person has undertaken to co-operate with law 6 enforcement agencies in a proceeding about an offence, including a 7 confiscation proceeding, the court must state-- 8 (a) the sentence is being reduced because of the undertaking; and 9 (b) the sentence it would have imposed but for the reduction. 10 (2) If the person, without reasonable excuse, does not then co-operate 11 under the undertaking, the Attorney-General may apply to the sentencing 12 court to resentence the person. 13 (3) The Attorney-General may only start the application while the 14 convicted person is under sentence. 15 (4) On the application, the sentencing court-- 16 (a) if satisfied the person has completely failed to co-operate--must 17 substitute the sentence that would have been imposed, apart from 18 the reduction, for the reduced sentence; or 19 (b) if satisfied the person has partly failed to co-operate--may 20 substitute, for the reduced sentence, a sentence it considers 21 appropriate, though not more than the sentence that would have 22 been imposed apart from the reduction. 23 (5) In this section-- 24 "confiscation proceeding" means a proceeding for a forfeiture order, 25 pecuniary penalty order or restraining order under the Crimes 26 (Confiscation) Act 1989. 27 "sentencing court" means the court mentioned in subsection (2) or a court 28 of like jurisdiction. 29

 


 

s 414 236 s 415 Criminal Code sentencing proceedings may be held in chambers 1 Certain 414.(1) A court before which a person is convicted of a drugs misuse 2 offence may, with the consent of the prosecution and the person, adjourn 3 the proceeding to chambers to decide the sentence. 4 (2) An application to adjourn the proceeding to chambers may be made 5 in chambers. 6 (3) The chamber proceeding must be as prescribed by rules of court or, if 7 no procedure is prescribed, as the court directs. 8 (4) The chamber proceedings must be heard in chambers in the presence 9 of persons the court allows and no one else. 10 (5) The court may receive and act on the information it considers 11 appropriate. 12 (6) No transcript must be made of the chamber proceeding unless 13 directed by the court. 14 (7) A notice or report about the chamber proceeding must not be 15 published. 16 (8) A record of the chamber proceeding, other than the order of the 17 sentence to be imposed, must not be available for search by a person other 18 than by order of-- 19 (a) the court; or 20 (b) in the absence or incapacity of the judicial officer who constituted 21 the court--another judicial officer of the same type of court; or 22 (c) the Court of Appeal, for a proceeding under part 9. 23 of part generally to indictable offences 24 Application 415.(1) This part applies to proceedings for indictable offences, whether 25 held summarily or on indictment. 26 (2) In the application of this part to a summary proceeding-- 27 (a) a reference to a jury is a reference to the presiding magistrate; and 28 (b) a reference to a trial judge charging a jury is a reference to the 29 presiding magistrate appropriately directing himself or herself 30 about the relevant issue. 31

 


 

s 416 237 s 416 Criminal Code ART 8--OTHER TRIAL PROVISIONS 1 P 1--Prohibition on publication of proceedings 2 Division to prohibit publication of drugs misuse offence proceedings 3 Power 416.(1) This section applies to-- 4 (a) a judge of the court to which a person has been committed for 5 trial or sentence for a drugs misuse offence or before which an 6 indictment for a drugs misuse offence has been presented; and 7 (b) a magistrate summarily hearing and deciding a proceeding for a 8 drugs misuse offence, including a committal proceeding. 9 (2) The judge or magistrate may make an order prohibiting, indefinitely 10 or for a specified time, the publication of-- 11 (a) all or part of the proceeding for the drugs misuse offence; and 12 (b) the name and address of a witness. 13 (3) An application for an order may be made in chambers only in the 14 presence of persons the judge or magistrate allows. 15 (4) On the hearing of the application the judge or magistrate or may 16 receive and act on information the judge or magistrate considers 17 appropriate. 18 (5) When considering the application regard must be had to-- 19 (a) the safety of anyone; and 20 (b) the extent to which the detection of similar offences may be 21 affected; and 22 (c) the need to guarantee the confidentiality of information given by 23 an informer. 24

 


 

s 417 238 s 417 Criminal Code (6) This section is in addition to, and not in substitution for, the 1 Children's Services Act 1965, section 13883 and the Juvenile Justice Act 2 1992, section 62.84 3 2--Certificate of discharge 4 Division of discharge for s 290 crime 5 Certificate 417.(1) At any time before being found guilty of the crime, a charged 6 person may apply to the court for-- 7 (a) the issue of the certificate of discharge mentioned in 8 subsection (5) in relation to the crime; and 9 (b) an order prohibiting publication of identifying matter in relation to 10 the charged person if the certificate is granted. 11 (2) The application may be heard in court or chambers. 12 (3) If the charged person has been charged on indictment, the application 13 is to be heard and determined by a judge sitting without a jury. 14 (4) On making the application the charged person must give evidence, 15 and may be cross-examined, in relation to all matters relevant to-- 16 (a) the commission of the crime by the charged person; and 17 (b) the commission, by any other person, of an offence against the 18 Code in relation to the place. 19 (5) If the court is satisfied that the evidence is a full and true disclosure 20 by the charged person of all material particulars within the person's 21 knowledge relevant to the application, the court must immediately give the 22 person a certificate stating that the person is discharged on the crime. 23 (6) The charged person cannot afterwards be convicted or further 24 prosecuted for the crime. 25 (7) If the court grants an application under subsection (1)(b), the court 26 83 Children's Services Act 1965, section 138 (Restrictions on reporting proceeding concerning child) 84 Juvenile Justice Act 1992, section 62 (Publication prohibited)

 


 

s 418 239 s 418 Criminal Code may make an order prohibiting the publishing of any identifying matter 1 about the charged person either indefinitely or until further order. 2 (8) A police officer or anyone else may serve a copy of the order on 3 anyone. 4 (9) In this section-- 5 "charged person" means a person charged with the crime. 6 "crime" means the crime of attending a place being used for unlawful 7 prostitution.85 8 "identifying matter" means-- 9 (a) the name, address, place of employment or another particular of 10 the charged person or anyone else that is likely to lead to the 11 identification of the charged person; or 12 (b) a photograph, picture, videotape or other visual representation of 13 the charged person or anyone else that is likely to lead to the 14 identification of the charged person. 15 "publishing" means publishing in Queensland or elsewhere by way of 16 television, newspaper, radio or another form of communication. 17 "the court" means a court before which is brought a charge against a 18 charged person for the crime, and includes a justice conducting an 19 examination of witnesses in relation to that crime charged against a 20 charged person. 21 Division 3--Order for delivery of property 22 for delivery of certain property 23 Orders 418.(1) If property has come into the custody or possession of a police 24 officer or a court in connection with a charge, the court, at the trial's end and 25 on the prosecutor's application, may-- 26 (a) order the property to be delivered to the person appearing to the 27 court to be the person lawfully having the right to the property 28 85 See section 290 (Attending a place being used for unlawful prostitution).

 


 

s 419 240 s 419 Criminal Code (the "owner"); or 1 (b) if the owner cannot be identified--make an order about the 2 property the court considers appropriate. 3 (2) An order does not bar a person's right to recover the property by 4 action from the person to whom it is given under the order. 5 ART 9--COURT OF APPEAL PROCEEDINGS 6 P 1--Preliminary 7 Division 8 Definitions 419. In this part-- 9 "appellant" includes a person who has been convicted and wants to appeal 10 under this part. 11 "convicted person" means the person whose conviction or sentence is the 12 subject of an appeal, application for leave to appeal, reservation or 13 reference under this part. 14 "indictable offence" includes an indictable offence dealt with summarily. 15 "jury", for an indictable offence dealt with summarily, means the judicial 16 officer presiding over the court of summary jurisdiction. 17 "notice of appeal" includes notice of application for leave to appeal. 18 "registrar" means the registrar of the Court of Appeal. 19 "sentence" includes an order made by the trial court on conviction of a 20 person about the person or the person's property, whether or not-- 21 (a) the person is adversely affected by the order; or 22 (b) the order is made instead of passing sentence. 23 "trial court" means a court whose finding, sentence or other decision is the 24 subject of an appeal, application for leave to appeal, reservation or 25 reference under this part. 26

 


 

s 420 241 s 421 Criminal Code "trial judge" for an appeal means-- 1 (a) for a trial on indictment--the Supreme Court judge or District 2 Court judge presiding over the trial court; or 3 (b) for a summary trial--the judicial officer presiding over the trial 4 court. 5 because of unsoundness of mind 6 Acquittal 420. For this part, if a person is acquitted on the ground of unsoundness 7 of mind when the person did not have the onus of proving unsoundness of 8 mind-- 9 (a) the person is taken to be a person convicted; and 10 (b) an order to keep the person in custody is taken to be a sentence. 11 Division 2--Appeal by convicted person 12 of convicted person to appeal 13 Right 421. A person convicted of an indictable offence may appeal to the Court 14 of Appeal-- 15 (a) against the person's conviction on a ground involving only an 16 issue of law; and 17 (b) if the person has the Court's leave or the certificate of the trial 18 judge that it is an appropriate case for appeal--against the 19 person's conviction on a ground involving-- 20 (i) only an issue of fact; or 21 (ii) an issue of mixed law and fact; or 22 (iii) another ground that appears to the Court to be a sufficient 23 ground of appeal; and 24 (c) if the person has the Court's leave--against the sentence passed 25 on the person's conviction. 26

 


 

s 422 242 s 423 Criminal Code appeals by convicted person from summary convictions 1 Other excluded 2 422. Rights under this part given to a person convicted summarily of an 3 indictable offence are given to the exclusion of any other right of appeal 4 under the Justices Act 1886 given to persons dissatisfied by summary 5 convictions and sentences passed on summary convictions. 6 on appeal by convicted person in ordinary cases 7 Decision 423.(1) The Court of Appeal, on an appeal against conviction, must 8 allow the appeal if it considers-- 9 (a) the jury's verdict should be set aside because it is unreasonable; 10 or 11 (b) the jury's verdict should be set aside because it cannot be 12 supported having regard to the evidence; or 13 (c) the trial court's judgment should be set aside because of a wrong 14 decision on an issue of law; or 15 (d) the trial court's judgment should be set aside because of a 16 miscarriage of justice. 17 (2) The Court must otherwise dismiss the appeal. 18 (3) The Court may dismiss the appeal, even if it considers the point 19 raised by the appeal might be decided in the appellant's favour, if it 20 considers no substantial miscarriage of justice has actually happened. 21 (4) Subject to sections 424 and 425, 86 if the Court allows an appeal 22 against conviction, it must-- 23 (a) set aside the conviction; and 24 (b) direct a judgment and verdict of acquittal to be entered. 25 (5) On an appeal against sentence, the Court must-- 26 (a) if it considers another sentence (whether more or less severe) is 27 warranted in law--set aside the sentence and substitute another 28 86 Sections 424 (Powers of Court on appeals by convicted person in special cases) and 425 (Power to grant new trial)

 


 

s 424 243 s 424 Criminal Code sentence it considers is appropriate; or 1 (b) dismiss the appeal in any other case. 2 of Court on appeals by convicted person in special cases 3 Powers 424.(1) If the Court of Appeal considers an appellant, though not 4 properly convicted on a charge or part of an indictment or crime complaint, 5 has been properly convicted on another charge or part of the indictment or 6 crime complaint, the Court may-- 7 (a) confirm the sentence passed at the trial; or 8 (b) substitute another sentence (whether more or less severe) it 9 considers is appropriate and warranted in law by the conviction 10 on the other charge or part of the indictment or crime complaint. 11 (2) If-- 12 (a) an appellant has been convicted of an offence; and 13 (b) the jury could on the indictment or crime complaint have found 14 the appellant guilty of another offence; and 15 (c) on the jury's finding the Court considers the jury must have been 16 satisfied of facts that proved the appellant guilty of the other 17 offence; 18 the Court may, instead of allowing or dismissing the appeal-- 19 (d) substitute, for the verdict found by the jury, a verdict of guilty of 20 the other offence; and 21 (e) substitute another sentence (other than a more severe sentence) 22 for the sentence passed at the trial that is warranted in law for the 23 other offence. 24 (3) If-- 25 (a) on the appellant's conviction the jury found a special verdict; and 26 (b) the Court considers a wrong conclusion has been arrived at by the 27 trial court on the effect of the verdict; 28 the Court may, instead of allowing the appeal-- 29 (c) order the conclusion the Court considers to be required in law by 30

 


 

s 425 244 s 427 Criminal Code the verdict to be recorded; and 1 (d) substitute another sentence (whether more or less severe) for the 2 sentence passed at the trial that is warranted in law. 3 (4) If the Court considers that, although the appellant did the act charged 4 against the appellant, the appellant was not of sound mind when the act was 5 done so as not to be responsible for the act under law, the Court may-- 6 (a) set aside the sentence passed at the trial; and 7 (b) order the appellant to be kept in strict custody in the same way as 8 if a jury had specially found the fact under section 410.87 9 to grant new trial 10 Power 425. On an appeal against a conviction, the Court of Appeal may, either 11 of its own initiative or on the appellant's application, order a new trial in the 12 way it considers appropriate, if it considers-- 13 (a) a miscarriage of justice has happened; and 14 (b) having regard to all the circumstances, the miscarriage of justice 15 can be more adequately remedied by an order for a new trial than 16 by another order the Court may make. 17 may be present 18 Appellant 426.(1) An appellant, even though in custody, may be present at the 19 hearing of the appellant's appeal, with the leave of the Court of Appeal. 20 (2) The Court's power to pass a sentence may be exercised even if the 21 appellant is not present. 22 appeals allowed 23 Written 427. An appellant may present the appellant's case and argument to the 24 Court of Appeal in writing. 25 87 Section 410 (Acquittal because of unsoundness of mind)

 


 

s 428 245 s 429 Criminal Code 3--Proceedings started by Attorney-General 1 Division may appeal against a sentence for an indictable 2 Attorney-General offence 3 428.(1) The Attorney-General may appeal to the Court of Appeal against 4 a sentence passed by a court for an indictable offence. 5 (2) On an appeal by the Attorney-General against a sentence, the Court 6 may, in its unfettered discretion, vary the sentence and impose a sentence 7 the court considers appropriate. 8 may refer an issue of law 9 Attorney-General 429.(1) The Attorney-General may refer an issue of law that arose at the 10 trial of a person about a charge contained in an indictment to the Court of 11 Appeal, for its consideration and opinion, if the person has been-- 12 (a) acquitted of the charge; or 13 (b) discharged on the charge after the prosecutor, because of the trial 14 court's decision on the issue of law, informed the court the State 15 would not continue further on the indictment in relation to the 16 charge. 17 (2) The Attorney-General may refer an issue of law that arose at the 18 summary trial of a charge of an indictable offence to the Court, for its 19 consideration and opinion, if the person charged has been-- 20 (a) acquitted of the charge; or 21 (b) discharged on the charge after the prosecutor, because of the trial 22 court's decision on the issue of law, informed the court the 23 prosecution would not continue further on the charge in the 24 proceeding before the court. 25 (3) Notice of the reference must be given to the person acquitted or 26 discharged. 27 (4) On the reference, the Court must hear argument-- 28 (a) by the Attorney-General or by a lawyer for the Attorney-General; 29 and 30

 


 

s 430 246 s 431 Criminal Code (b) with the leave of the Court, by the person acquitted or discharged 1 or by a lawyer for the person. 2 (5) The Court must then consider the issue referred and give the 3 Attorney-General its opinion. 4 (6) If the reference relates to a trial in which the person tried has been 5 acquitted, the reference does not affect the trial or the person's acquittal. 6 (7) In this section-- 7 "discharged" includes the dismissal or striking out of a charge at a 8 summary trial. 9 may appeal against order staying a charge for an 10 Attorney-General indictable offence 11 430.(1) The Attorney-General may appeal to the Court of Appeal against 12 an order of a court staying a charge for an indictable offence. 13 (2) On appeal, the Court may set aside or confirm the order. 14 4--Time limitation on start of proceedings 15 Division to appeal 16 Time 431.(1) A convicted person who wants to appeal to the Court of Appeal, 17 or to obtain the Court's leave to appeal from a conviction or sentence, must 18 give notice of appeal or notice of application for leave to appeal-- 19 (a) in the way prescribed by the criminal practice rules; and 20 (b) within 28 days after the conviction or sentence. 21 (2) An appeal to the Court by the Attorney-General against a sentence 22 must be made within 28 days after the sentence. 23 (3) An appeal to the Court by the Attorney-General against an order 24 staying a charge of an indictable offence must be made within 28 days after 25 the order. 26 (4) The Court may, at any time, extend the time limits imposed by 27 subsections (1) to (3). 28

 


 

s 432 247 s 432 Criminal Code 5--Custody, imprisonment and detention 1 Division custody, imprisonment and detention 2 Appellant's 432.(1) Pending the decision on an appeal brought by a convicted person 3 who has been sentenced to imprisonment or detention and not released 4 under the Bail Act 1980, the appellant must be treated in the way directed 5 under the law about prisons or detention centres. 6 (2) The period while an appellant, pending the decision-- 7 (a) is released under the Bail Act 1980; or 8 (b) if the appellant is in custody in a prison--is specially treated as an 9 appellant under the law about prisons; 10 does not count as part of imprisonment or detention under the appellant's 11 sentence. 12 (3) Imprisonment or detention mentioned in subsection (2), whether the 13 appellant's sentence was passed by the trial court or by the Court of 14 Appeal-- 15 (a) if the appellant is in custody--resumes when the appeal is 16 decided; or 17 (b) if the appellant is not in custody--starts when the appellant enters 18 prison or a detention centre under the sentence. 19 (4) Provision must be made under the law about prisons and detention 20 centres for the way-- 21 (a) an appellant kept in custody is to be brought to a place where the 22 appellant is permitted to be present, or is ordered to be taken, 23 under this part; and 24 (b) an appellant is to be kept in custody while away from a prison or 25 detention centre under this part. 26 (5) An appellant in custody under a law made under subsection (4)(b) is 27 taken to be in legal custody. 28 (6) Subsections (7) and (8) apply if the Court imposes a new sentence on 29 an appeal by the Attorney-General against sentence. 30 (7) If the new sentence differs from the sentence passed by the trial court 31

 


 

s 433 248 s 433 Criminal Code by imposing imprisonment or detention, the imprisonment or detention 1 starts-- 2 (a) for a respondent already held in prison or a detention centre 3 because of another matter--when the appeal is decided; or 4 (b) otherwise--when the person enters prison or a detention 5 centre under the Court's decision. 6 (8) If the new sentence effectively varies a term of imprisonment or 7 period of detention imposed by the trial court, a part of the sentence already 8 served by the person must be taken into account in fixing the new sentence. 9 (9) Subsections (2), (3), (6), (7) and (8) apply subject to any contrary 10 order the Court may make on a particular appeal. 11 Division 6--Suspension of other orders 12 and restitution of property on conviction 13 Revesting 433.(1) The operation of-- 14 (a) an order for the restitution of property, or the payment of 15 compensation, made by the trial court; and 16 (b) the provisions of a civil law88 about the revesting of the property 17 in stolen goods on conviction; 18 is suspended, unless the trial court directs to the contrary if it considers the 19 title to the property is not in dispute. 20 (2) The operation is suspended until-- 21 (a) the end of the time allowed for applying for leave to appeal to, or 22 for appealing to, the Court of Appeal; or 23 (b) if notice of appeal is given within the time for appealing--the 24 decision on the appeal or refusal of the application for leave to 25 appeal; or 26 88 See the Sale of Goods Act 1896, section 26(1) under which stolen goods revest in the owner, or the owner's personal representative when the offender is convicted, despite intermediate dealings.

 


 

s 434 249 s 434 Criminal Code (c) if the appeal is by the Attorney-General against sentence within 1 the time for appealing--the decision on the appeal. 2 (3) If the operation is suspended until the decision on the appeal and the 3 conviction is set aside on appeal, the order or provisions do not take effect 4 except by the Court's order. 5 (4) The Court may set aside or change an order, even though the 6 conviction is not set aside. 7 (5) When an issue arises before the Court about the operation or 8 suspension of the operation of an order or provisions, the following persons 9 may appear before the Court to make submissions about the issue-- 10 (a) the person in whose favour the order is made; 11 (b) the person benefiting from the operation of the provisions; 12 (c) the person's lawyer. 13 (6) This section applies subject to the Penalties and Sentences Act 1992, 14 section 134.89 15 (7) Subsection (5) applies subject to section 409.90 16 (8) In this section-- 17 "trial court" includes a court from whose finding, sentence or another 18 decision a person is entitled to appeal or apply for leave to appeal to the 19 Court of Appeal under this part. 20 7--Other powers of Court of Appeal 21 Division power to make orders on sentence 22 General 434. The power of the Court of Appeal to pass a sentence includes 23 power to make any order the trial court could have made on sentence. 24 89 Penalties and Sentences Act, section 134 (Requirements of order have effect despite appeal) 90 Section 409 (Appellant may be present)

 


 

s 435 250 s 435 Criminal Code assisting the Court 1 Powers 435.(1) The Court of Appeal may, if it considers it necessary or desirable 2 in the interests of justice-- 3 (a) order the production of a document, exhibit or other thing 4 connected with the proceedings; or 5 (b) order a person, who would have been a compellable witness at 6 the trial (whether or not the person was called at the trial) to attend 7 and be examined before-- 8 (i) the Court; or 9 (ii) a judge or officer of the Court; or 10 (iii) a justice or other person appointed by the Court; 11 and admit the deposition taken as evidence; or 12 (c) receive the evidence, if tendered, of a witness (including the 13 appellant) who is a competent but not a compellable witness; or 14 (d) if an issue to be decided on the appeal involves prolonged 15 examination of documents or accounts, or a scientific or local 16 investigation, the Court considers cannot be conveniently 17 conducted before the Court-- 18 (i) refer the issue for inquiry and report to a commissioner 19 appointed by the Court; and 20 (ii) act on the report as far as the Court considers appropriate; or 21 (e) appoint a person with special expert knowledge to act as assessor 22 to the Court if the Court considers the special knowledge is 23 needed to decide the case; or 24 (f) exercise, in relation to the Court's proceedings, any other powers 25 that may be exercised by the Supreme Court on appeals or 26 applications in civil matters; or 27 (g) issue a warrant or other process necessary for enforcing the 28 Court's orders or sentences. 29 (2) However, a sentence cannot be increased because of evidence that 30 was not given at the trial. 31 (3) Subject to this part, the criminal practice rules may provide that an 32

 


 

s 436 251 s 437 Criminal Code application under subsection (1)(a), (b), (d), or (e) may be decided by a 1 judge of the Court. 2 Division 8--Miscellaneous provisions about appeals to the Court of 3 Appeal 4 of appeal 5 Costs 436.(1) Costs are not allowed, on either side, on the hearing or decision 6 of an appeal or proceedings preliminary or incidental to an appeal. 7 (2) Subject to appropriation by Parliament, the following expenses must 8 be paid out of the Consolidated Fund up to an amount allowed by the 9 registrar-- 10 (a) the expenses of an assessor appointed; 11 (b) the expenses of a witness attending on the Court's order or 12 examined; 13 (c) the expenses of and incidental to an examination or reference; 14 (d) the expenses of an appellant's appearance on the hearing of the 15 appeal or proceedings preliminary or incidental to the appeal. 16 (3) However, the registrar's decision may be reviewed by the Court or a 17 judge of the Court. 18 (4) A regulation may make provision about rates of payment that may be 19 made under subsection (2). 20 (5) Subsections (2) and (3) apply subject to the regulations. 21 duties 22 Registrar's 437.(1) The registrar must give the necessary forms and instructions 23 about a notice of appeal to-- 24 (a) anyone who demands them; and 25 (b) an officer of a court, general manager of a prison or other officer 26 or person the registrar considers appropriate. 27 (2) The general manager of a prison or person in charge of a detention 28

 


 

s 438 252 s 440 Criminal Code centre must-- 1 (a) put the forms and instructions at the disposal of prisoners or 2 detainees wanting to appeal or to apply for leave to appeal; and 3 (b) send a notice of appeal given by a prisoner or detainee who is in 4 the general manager's or person's custody to the registrar. 5 (3) After a notice of appeal is given to the registrar, the registrar must-- 6 (a) take all necessary steps for obtaining a hearing of the appeal or 7 application for leave to appeal; and 8 (b) obtain and put before the Court (in appropriate form) all 9 documents, exhibits and other things about the proceedings in the 10 trial court that appear necessary to decide the appeal or 11 application. 12 may act on frivolous or vexatious appeal 13 Registrar 438.(1) If the registrar considers a notice of appeal against a conviction or 14 sentence does not show a substantial ground of appeal, the registrar may 15 refer the appeal to the Court for summary decision. 16 (2) The Court, if it considers the application for leave to appeal or the 17 appeal frivolous or vexatious, may refuse leave to appeal or dismiss the 18 appeal summarily without calling on a person to attend the hearing. 19 record to be given to registrar 20 Trial 439. On a notice of appeal, a record of all or part of the proceedings 21 must, if the registrar asks, be given to the registrar for the use of the Court 22 or a judge of the Court. 23 notes to be furnished on appeal if needed 24 Judge's 440. The trial judge must give the trial judge's notes of the trial to the 25 registrar if-- 26 (a) there is an appeal or application to appeal; and 27 (b) a record of the trial proceedings was not made by shorthand notes 28 or a mechanical device. 29

 


 

s 441 253 s 441 Criminal Code Division 9--Appeals from the Court of Appeal 1 from the Court's decisions 2 Appeals 441.(1) This section applies if-- 3 (a) an appeal to the Court of Appeal is allowed; and 4 (b) the appellant has the right to have the conviction against the 5 appellant set aside by the Court's order. 6 (2) The Court may, on the State's application before the appellant's 7 release, either by the same or a separate order, direct the execution of the 8 order setting aside the appellant's conviction be stayed for a time (not more 9 than 7 days) it considers appropriate. 10 (3) The Court or a judge of the Court is to make the order the Court or 11 judge considers appropriate for-- 12 (a) the appellant's detention; or 13 (b) the appellant's return to any former custody; or 14 (c) granting bail to the appellant; 15 during the stay. 16 (4) The Court or a judge of the Court may, on a State law officer's 17 application, make the order the Court or judge considers appropriate for-- 18 (a) the appellant's detention; or 19 (b) granting bail to the appellant; 20 pending the hearing of an appeal to the High Court of Australia. 21 (5) The Court or judge may change or revoke an order made under 22 subsection (3). 23 (6) On the application of an appellant dissatisfied by a failure to diligently 24 prosecute the appeal, the Court or a judge of the Court may order-- 25 (a) the immediate execution of the Court's original order setting aside 26 the conviction; and 27 (b) the appellant's immediate release; and 28

 


 

s 442 254 s 442 Criminal Code (c) award the appellant compensation the Court or judge considers 1 just. 2 Division 10--Reserving issues of law 3 of an issue of law 4 Reservation 442.(1) In special circumstances, a judge of a court before which a 5 person appears on trial on indictment may reserve an issue of law resulting 6 from the trial for the consideration of the Court of Appeal. 7 (2) The reservation may be made-- 8 (a) on application by the person made before verdict; or 9 (b) on the initiative of the judge of the trial court made before or after 10 verdict. 11 (3) If a reservation is made at a trial and then the person is convicted, the 12 trial court may-- 13 (a) sentence the person and stay the execution of the sentence until 14 the reserved issue is decided; or 15 (b) postpone the sentencing of the person until the reserved issue is 16 decided. 17 (4) The trial court may, pending the decision on the reserved issue-- 18 (a) commit a person mentioned in subsection (3) to prison; or 19 (b) release the person under the Bail Act 1980. 20 (5) If a trial court reserves an issue of law for the Court's consideration, 21 the judge of the trial court must state and sign a case setting out-- 22 (a) the special circumstances; and 23 (b) the issue of law. 24 (6) The case must be sent to the Court. 25 (7) The Court must decide the issue reserved as an appeal. 26 (8) The Court may send the case back to be amended or restated if it 27 considers it appropriate to do so. 28

 


 

s 443 255 s 444 Criminal Code (9) This section does not authorise, before the person is placed in charge 1 of a jury, reservations of issues of law resulting from a proceeding under 2 section 346.91 3 PART 10--PREROGATIVE OF MERCY 4 does not limit prerogative of mercy 5 Code 443.(1) The Code does not affect the prerogative of mercy. 6 (2) However, under subsection (4) or (6), the Attorney-General may 7 refer an issue about anyone's conviction or sentence to the Court of Appeal. 8 (3) The reference may be made-- 9 (a) on the Attorney-General's own initiative; or 10 (b) on petition to the Attorney-General. 11 (4) The Attorney-General may refer the entire case to the Court. 12 (5) The case must then be decided by the Court as if it were an appeal by 13 the person convicted or sentenced. 14 (6) The Attorney-General may refer to the Court a particular point for 15 decision on a petition. 16 (7) The Court must then consider the point and give the 17 Attorney-General its opinion. 18 release under prerogative of mercy 19 Conditional 444.(1) In exercising the prerogative of mercy for an offender under 20 sentence of imprisonment, the Governor may state an operational period for 21 the Penalties and Sentences Act 1992, section 144(5)92 as if the Governor 22 were the court that imposed the sentence of imprisonment. 23 91 Section 346 (Directions and rulings before trial) 92 Penalties and Sentences Act 1992, section 144(5) (Sentence of imprisonment may be suspended)

 


 

s 445 256 s 446 Criminal Code (2) The offender is then liable to be dealt with under the Penalties and 1 Sentences Act 1992, part 893 as if the court that imposed the sentence had 2 suspended the term of imprisonment and stated the operational period. 3 of prerogative of mercy 4 Effect 445.(1) A pardon by the Governor in the exercise of the prerogative of 5 mercy discharges the convicted person from the effects of the conviction. 6 (2) This section applies subject to section 429.94 7 PART 11--MISCELLANEOUS 8 Division 1--Search provisions 9 warrant 10 Search 446.(1) If a justice believes, on complaint made on oath, that there are 11 reasonable grounds for suspecting there is a relevant thing in a dwelling 12 house or other place, the justice may issue a warrant directing 1 or more 13 specified police officers, or all police officers, to-- 14 (a) enter and search the place using reasonable force that may be 15 necessary; and 16 (b) seize any relevant thing found and take it before a justice. 17 (2) The warrant must be executed by day unless the justice authorises it 18 to be executed by night. 19 (3) If it appears on the complaint that an offence involving an aircraft's 20 safety has been, or may be, committed on board or in relation to the aircraft, 21 the justice may direct in the warrant that a person in or about to enter the 22 aircraft may be searched. 23 93 Penalties and Sentences Act 1992, part 8 (Orders of suspended imprisonment) 94 Section 429 (Conditional release under prerogative of mercy)

 


 

s 447 257 s 447 Criminal Code (4) In this section-- 1 "justice" means-- 2 (a) a Supreme Court judge or a District Court judge; or 3 (b) a magistrate; or 4 (c) a justice of the peace (magistrates court); or 5 (d) a justice of the peace (qualified). 6 "relevant thing" means-- 7 (a) if an offence has been committed, or is suspected on reasonable 8 grounds to have been committed, for which an offender may be 9 arrested with or without warrant--a thing relating to the offence; 10 or 11 (b) if there are reasonable grounds for believing a thing by itself, or 12 on scientific examination, may provide evidence about an 13 offence--the thing; or 14 (c) if there are reasonable grounds for believing a thing is intended to 15 be used to commit an offence--the thing. 16 of aircraft 17 Search 447.(1) This section applies if the person in charge of an aircraft 18 reasonably suspects that an offence involving the aircraft's safety has been, 19 is being, is about to be, or may be committed in relation to the aircraft. 20 (2) The person, with the assistance the person considers necessary, 21 may-- 22 (a) search-- 23 (i) the aircraft; or 24 (ii) a person in, or about to enter, the aircraft; or 25 (iii) luggage or freight in, or about to be placed in, the aircraft; or 26 (b) seize-- 27 (i) property the person reasonably believes will provide 28 evidence of the commission of an offence; or 29

 


 

s 448 258 s 449 Criminal Code (ii) anything the person reasonably believes is intended to be 1 used to commit an offence. 2 (3) A person may only be searched under this section by a person of the 3 same sex, unless search by a person of the same sex is impractical in the 4 particular circumstances. 5 Division 2--Property provisions 6 found on offender on arrest 7 Property 448.(1) This section applies if-- 8 (a) a person is arrested on a charge of an offence about property; and 9 (b) the property about which the offence is claimed to be committed 10 is found in the person's possession. 11 (2) The person arresting the person may take the property before a 12 Magistrates Court to be dealt with under the law. 13 of property seized 14 Disposal 449.(1) If anything is seized under the Code, the person seizing it must 15 take it to a justice as soon as practicable. 16 (2) The justice may direct the thing seized to be kept in custody as 17 specified by the justice, taking reasonable care for its preservation, until the 18 end of an investigation concerning it. 19 (3) If a person is committed for trial-- 20 (a) for an offence committed about the thing seized; or 21 (b) in circumstances in which the thing seized is likely to be evidence 22 at the trial; 23 the Magistrates Court may order it to be kept for production in evidence at 24 the trial. 25 (4) If no person is committed, the court must order the thing be returned 26 to the person from whom it was seized, unless the court is authorised or 27 required by law to otherwise dispose of it. 28

 


 

s 450 259 s 450 Criminal Code (5) The Magistrates Courts Rules 1960 apply for subsection (4). 1 (6) If-- 2 (a) the thing seized is forged or of a type that a person who has it in 3 the person's possession without lawful authority or excuse 4 commits an offence; and 5 (b) a person is convicted of the offence; 6 the court before whom the person is convicted may order it to be defaced or 7 destroyed. 8 (7) If the thing seized is of a type that a person who has it in the person's 9 possession, knowing its nature and without lawful authority or excuse, 10 commits an offence, then, as soon as it appears it will not be required or 11 further required in evidence against the person who possessed it, the thing 12 must be dealt with in the way directed by the Attorney-General or a person 13 authorised by the Attorney-General. 14 (8) In this section-- 15 "justice" means-- 16 (a) a Supreme Court judge or a District Court judge; or 17 (b) a magistrate; or 18 (c) a justice of the peace (magistrates court); or 19 (d) a justice of the peace (qualified). 20 "seize" includes take. 21 or noxious substances seized from vehicles 22 Explosives 450.(1) This section applies if a person seizes, under a warrant under the 23 Code, an explosive or noxious substance found in a vehicle. 24 (2) The person may use the vehicle and anything in the vehicle to take the 25 seized thing to a safe place of deposit as soon as practicable. 26 (3) The person may be ordered to pay the vehicle's owner the 27 compensation for its use that a Magistrates Court, on application, considers 28 just. 29 (4) The Magistrates Courts Rules 1960 apply for the application. 30

 


 

s 451 260 s 453 Criminal Code (5) If the person does not pay the compensation, the compensation may 1 be recovered as a debt in the Magistrates Court. 2 3--Consent to prosecution 3 Division of State law officer 4 Consent 451.(1) In this section-- 5 "proceeding" includes a committal proceeding. 6 (2) This section applies if a person cannot be prosecuted for an offence 7 without the consent of a State law officer. 8 (3) If the proceeding is on complaint and summons or an indictment, the 9 State law officer's written consent to the proceeding must be given before 10 the summons is issued or the indictment presented. 11 (4) If the proceeding is started in any other way, the State law officer's 12 written consent to the proceeding must be given before the proceeding 13 progresses to a hearing and decision. 14 (5) The issue of whether the State law officer has consented to a 15 prosecution is an issue of law. 16 Division 4--Provisions generally helping charged person 17 court fees in criminal cases 18 No 452. A fee cannot be taken from a person charged with an indictable 19 offence for a proceeding before a court about the charge or action taken by a 20 justice about the charge. 21 of depositions to be allowed to person committed for trial 22 Copies 453. A person who is committed for trial for an indictable offence on a 23 witness's deposition has the right to be given a copy of the deposition, on 24 demand, from the person who has the lawful custody of the deposition. 25

 


 

s 454 261 s 455 Criminal Code of depositions at trial 1 Inspection 454. A person who is tried for an offence has, at the person's trial, the 2 right to inspect (free of charge) a deposition, or copy of a deposition, taken 3 against the person and returned into the court where the trial is had. 4 5--Confidentiality 5 Division of information about drugs misuse offence not to be disclosed 6 Source 455.(1) This section applies if an informer supplies information about 7 the commission of a drugs misuse offence to-- 8 (a) a police officer; or 9 (b) an officer of a law-enforcement agency. 10 (2) In a proceeding (whether or not under this part) a party must not be 11 asked, and if asked must not be compelled, to disclose-- 12 (a) the name of an informer; or 13 (b) another particular that may be likely to lead to the informer's 14 identification; or 15 (c) the fact that the party received information from an informer, or 16 supplied information to an informer, about the offence; or 17 (d) the nature of the information mentioned in paragraph (c). 18 (3) In this section-- 19 "law-enforcement agency" means a law-enforcement agency established 20 under a law of any State or the Commonwealth. 21 "party" means-- 22 (a) the prosecutor; or 23 (b) a person who appears as a witness for the prosecution; or 24 (c) a police officer, or officer of a law-enforcement agency, who 25 appears as a witness for the defence. 26

 


 

s 456 262 s 459 Criminal Code protection for police officer for drugs misuse offence charges 1 Other 456. In a proceeding arising from a charge of a drugs misuse offence, a 2 police officer appearing as a prosecutor or witness must not be compelled-- 3 (a) to produce any reports or documents made or received by the 4 officer in the officer's official capacity or containing confidential 5 information about the offence; or 6 (b) to make a statement about the reports, documents or information 7 6--Forms 8 Division for criminal proceedings 9 Forms 457. A form prescribed under the criminal practice rules is taken to be-- 10 (a) sufficient for the purpose for which it is approved to be used; and 11 (b) if used to state an offence or matter, a sufficient statement of the 12 relevant offence or matter. 13 7--Amendments and repeals 14 Division of Acts--sch 2 15 Amendment 458. Schedule 2 amends the Acts mentioned in it. 16 and amendment of certain laws 17 Consolidation 459.(1) Schedule 3, part 1, division 195 amends the Defamation Act 18 1889. 19 (2) Schedule 3, part 1, division 296 amends the Criminal Code. 20 95 Schedule 3 (Consolidation and amendment of certain laws), part 1 (Consolidation and amendment of defamation law), division 1 (Amendment of Defamation Act 1889) 96 Schedule 3 (Consolidation and amendment of certain laws), part 1 (Consolidation and amendment of defamation law), division 2 (Amendment of Criminal Code)

 


 

s 460 263 s 460 Criminal Code (3) Schedule 3, part 2, division 197 amends the Legislative Assembly Act 1 1867. 2 (4) Schedule 3, part 2, division 298 amends the Criminal Code. 3 (5) Schedule 3, part 3, division 199 amends the Constitution (Office of 4 Governor) Act 1987. 5 (6) Schedule 3, part 3, division 2100 amends the Criminal Code. 6 of Acts--sch 4 7 Repeal 460.(1) The Acts mentioned in schedule 4 are repealed. 8 (2) The following Acts are laws to which the Acts Interpretation Act 9 1954, section 20A applies-- 10 Criminal Code Amendment Act 1922 11 Criminal Code and the Offenders Probation and Parole Act 12 Amendment Act 1971 13 Corrective Services (Consequential Amendments) Act 1988 14 Criminal Code and Another Act Amendment Act 1990. 15 16 97 Schedule 3 (Consolidation and amendment of certain laws), part 2 (Amendment of certain laws about the Legislative Assembly), division 1 (Amendment of Legislative Assembly Act 1867) 98 Schedule 3 (Consolidation and amendment of certain laws), part 2 (Amendment of certain laws about the Legislative Assembly), division 2 (Amendment of Criminal Code) 99 Schedule 3 (Consolidation and amendment of certain laws), part 3 (Amendment of certain laws about the Government of Queensland), division 1 (Amendment of Constitution (Office of Governor) Act 1987) 100 Schedule 3 (Consolidation and amendment of certain laws), part 3 (Amendment of certain laws about the Government of Queensland), division 2 (Amendment of Criminal Code)

 


 

264 Criminal Code CHEDULE 1 1 S DRUGS MISUSE 2 chapter 5, part 5 3 PART 1 4 sections 273, 275, 276, 278 and 279 5 1. Heroin 6 2. Cocaine 7 3. Phencyclidine 8 4. Lysergide 9 PART 2 10 sections 273, 275, 276, 278 and 279 11 1. Acetorphine 12 2. Acetyldihydrocodeine, except if it is compounded with 1 or more other 13 medicaments so that it cannot be readily extracted and if it is 14 contained-- 15 (a) in divided preparations containing 100 mg or less of 16 acetyldihydrocodeine per dosage unit; or 17 (b) in undivided preparations containing 2.5% or less of 18 acetyldihydrocodeine 19 3. Acetylmethadol 20 4. Acetylmorphines 21

 


 

265 Criminal Code SCHEDULE 1 (continued) 5. Alfentanil 1 6. Alkoxyamphetamines and bromo-substituted alkoxyamphetamines, 2 except if separately specified 3 7. Alkoxyphenethylamines and alkyl-substituted alkoxyphenethylamines, 4 except if separately specified 5 8. Allylprodine 6 9. Alphacetylmethadol 7 10. Alphameprodine 8 11. Alphamethadol 9 12. Alphaprodine 10 13. Amphetamine 11 14. Anileridine 12 15. Barbituric acid and any 5,5 disubstituted derivatives of barbituric acid, 13 whether or not further substituted at position 1 of the ring 14 16. Benzethidine 15 17. Benzylmorphine 16 18. Betacetylmethadol 17 19. Betameprodine 18 20. Betamethadol 19 21. Betaprodine 20 22. Bezitramide 21 23. 4-Bromo-2,5-dimethoxyamphetamine 22 24. Bufotenine 23 25. Buprenorphine 24 26. Cannabinoids except tetrahydrocannabinols 25 27. Cannabis sativa 26 28. Clonitazene 27

 


 

266 Criminal Code SCHEDULE 1 (continued) 29. Coca leaf 1 30. Codeine, except if it is compounded with 1 or more other 2 medicaments so that it cannot be readily extracted and if it is 3 contained-- 4 (a) in divided preparations containing 30 mg or less of codeine per 5 dosage unit; or 6 (b) in undivided preparations containing 1% or less of codeine 7 31. Codeine-N-oxide 8 32. Codoxime 9 33. 4-Cyano-2-Dimethylamino-4,4-Diphenylbutane 10 34. 4-Cyano-1-Methyl-4-Phenylpiperidine 11 35. Desomorphine 12 36. Diampromide 13 37. Diethylthiambutene 14 38. N,N-Diethyltryptamine 15 39. Difenoxin, except in preparations containing 0.5 mg or less of 16 difenoxin and a quantity of atropine sulphate equivalent to at least 5% 17 of the dose of difenoxin per dosage unit 18 40. Dihydrocodeine, except if it is compounded with 1 or more other 19 medicaments so it cannot be readily extracted and if it is contained-- 20 (a) in divided preparations containing 100 mg or less of 21 dihydrocodeine per dosage unit; or 22 (b) in undivided preparations containing 2.5% or less of 23 dihydrocodeine 24 41. Dihydromorphine 25 42. Dimenoxadol 26 43. Dimepheptanol 27 44. 2,5-Dimethoxyamphetamine 28 45. 2,5-Dimethoxy-4-Ethylamphetamine (DOET) 29

 


 

267 Criminal Code SCHEDULE 1 (continued) 46. 2,5-Dimethoxy-4-Methylamphetamine 1 47. Dimethylamino-1,2-Diphenylethane 2 48. 3-(1,2-Dimethylheptyl)-1-Hydroxy-7,8,9,10-Tetrahydro-6,6,9- 3 Trimethyl-6H-Dibenzo(b,d)Pyran 4 49. Dimethylthiambutene 5 50. N,N-Dimethyltryptamine 6 51. Dioxaphetyl butyrate 7 52. Diphenoxylate, except in preparations containing 2.5 mg or less of 8 diphenoxylate and a quantity of atropine sulphate equivalent to at least 9 1% of the dose of diphenoxylate per dosage unit 10 53. Dipipanone 11 54. Drotebanol 12 55. Ecgonine, its esters and derivatives which are convertible to ecgonine 13 and cocaine 14 56. Ethylmethylthiambutene 15 57. Ethylmorphine, except if it is compounded with 1 or more other 16 medicaments so that it cannot be readily extracted and if it is 17 contained-- 18 (a) in divided preparations containing 100 mg or less of 19 ethylmorphine per dosage unit; or 20 (b) in undivided preparations containing 2.5% or less of 21 ethylmorphine 22 58. N-Ethyl-1-Phencyclohexylamine 23 59. Etonitazine 24 60. Etorphine 25 61. Etoxeridine 26 62. Fenethylline 27 63. Fentanyl 28 64. Furethidine 29

 


 

268 Criminal Code SCHEDULE 1 (continued) 65. Hydrocodone 1 66. Hydromorphinol 2 67. Hydromorphone 3 68. Hydroxypethidine 4 69. Isomethadone 5 70. Ketobemidone 6 71. Levophenacylmorphan 7 72. Lysergamide and N-alkyl derivatives of lysergamide other than 8 lysergide 9 73. Lysergic acid 10 74. Mecloqualone 11 75. Mescaline (3,4,5-Trimethoxyphenethylamine) 12 76. Metazocine 13 77. Methadone 14 78. Methaqualone 15 79. 5-Methoxy-3,4-Methylenedioxyamphetamine (MMDA) 16 80. 3, 4-Methylenedioxymethamphetamine (MDMA) 17 81. Methylamphetamine 18 82. Methyldesorphine 19 83. Methyldihydromorphine 20 84. 3,4-Methylenedioxyamphetamine 21 85. 2-Methyl-3-Morpholino-1, 1-Diphenylpropane Carboxylic acid 22 86. Methylphenidate 23 87. 1-Methyl-4-Phenylpiperidine-4-Carboxylic acid 24 88. Metopon 25 89. Moramide 26

 


 

269 Criminal Code SCHEDULE 1 (continued) 90. Morpheridine 1 91. Morphine 2 92. Morphine methobromide 3 93. Morphine-N-oxide 4 94. Myrophine 5 95. Nabilone 6 96. Nicocodine, except if it is compounded with 1 or more other 7 medicaments so that it cannot be readily extracted and if it is 8 contained-- 9 (a) in divided preparations containing 100 mg or less of nicocodine 10 per dosage unit; or 11 (b) in undivided preparations containing 2.5% or less of nicocodine 12 97. Nicodicodine, except if it is compounded with 1 or more other 13 medicaments so that it cannot be readily extracted and if it is 14 contained-- 15 (a) in divided preparations containing 100 mg or less of nicodicodine 16 per dosage unit; or 17 (b) in undivided preparations containing 2.5% or less of nicodicodine 18 98. Nicomorphine 19 99. Noracymethadol 20 100. Norcodeine, except if it is compounded with 1 or more other 21 medicaments so that it cannot be readily extracted and if it is 22 contained-- 23 (a) in divided preparations containing 100 mg or less of norcodeine 24 per dosage unit; or 25 (b) in undivided preparations containing 2.5% or less of norcodeine 26 101. Norlevorphanol 27 102. Normethadone 28 103. Normorphine 29

 


 

270 Criminal Code SCHEDULE 1 (continued) 104. Norpipanone 1 105. Opium 2 106. Oxycodone 3 107. Oxymorphone 4 108. Papaver orientale 5 109. Papaver setigerum 6 110. Papaver somniferum L. other than the seed that has been made sterile 7 111. Parahexyl 8 112. Paramethoxyamphetamine (PMA) 9 113. Pentazocine 10 114. Pethidine 11 115. Phenadoxone 12 116. Phenampromide 13 117. Phenazocine 14 118. Phendimetrazine 15 119. Phenmetrazine 16 120. Phenomorphan 17 121. Phenoperidine 18 122. 1-(1-Phenylcyclohexyl)pyrrolidine 19 123. 4-Phenylpiperidine-4-Carboxylic acid ethyl ester 20 124. Pholcodine, except if it is compounded with 1 or more other 21 medicaments so that it cannot be readily extracted and if it is 22 contained-- 23 (a) in divided preparations containing 100 mg or less of pholcodine 24 per dosage unit; or 25 (b) in undivided preparations containing 2.5% or less of pholcodine 26 125. Piminodine 27

 


 

271 Criminal Code SCHEDULE 1 (continued) 126. Piritramide 1 127. Proheptazine 2 128. Properidine 3 129. Propiram 4 130. Psilocin 5 131. Psilocybin 6 132. Racemethorphan 7 133. Racemoramide 8 134. Racemorphan 9 135. Sufentanil 10 136. Tetrahydrocannabinols, including their-- 11 (a) alkyl homologues, unless separately specified; and 12 (b) corresponding carboxylic acids 13 137. Thebacon 14 138. Thebaine 15 139. 1-(1-(2-thienyl)cyclohexyl)piperidine 16 140. Tilidine 17 141. Trimeperidine 18 142. 3, 4, 5-Trimethoxyamphetamine (TMA) 19 20 21

 


 

272 Criminal Code SCHEDULE 1 (continued) PART 3 1 sections 273, 278 and 279 2 Dangerous drug Quantity of dangerous drug 1. Amphetamine 2.0 g 2. Barbituric Acid and any 5,5 disubstituted 3 derivatives of barbituric acid whether or not further 4 50.0 g substituted at position 1 of the ring 3. 4-Bromo-2,5-dimethoxyamphetamine 0.5 g 4. Cannabis sativa 500.0 g or, if the dangerous drug consists of plants the total weight of which is less than 500.0 g, 100 plants 5. Cocaine 2.0 g 6. Codeine 10.0 g 7. N,N-Diethyltryptamine 2.0 g 8. 2,5-Dimethoxy-4-Ethylamphetamine (DOET) 2.0 g 9. 2,5-Dimethoxy-4-Methylamphetamine 2.0 g 10. N,N-Dimethyltryptamine 2.0 g 11. Fenethylline 2.0 g 12. Fentanyl 0.01 g 13. Heroin 2.0 g

 


 

273 Criminal Code SCHEDULE 1 (continued) 14. Hydromorphone 2.0 g 15. Lysergide 0.004 g 16. Methadone 2.0 g 17. 5-Methoxy-3,4-Methylenedioxyamphetamine 2.0 g 1 (MMDA) 18. Methylamphetamine 2.0 g 19. 3,4-Methylenedioxymethamphetamine (MDMA) 2.0 g 20. Moramide 2.0 g 21. Morphine 2.0 g 22. Opium 20.0 g 23. Paramethoxyamphetamine (PMA) 2.0 g 24. Pethidine 10.0 g 25. Phencyclidine 0.5 g 26. Psilocin 0.10 g 27. Psilocybin 0.10 g 28. Tetrahydrocannabinols including their-- 2 (a) alkyl homologues unless separately 3 specified; and 4 (b) corresponding carboxylic acids 2.0 g 29. 3,4,5-Trimethoxyamphetamine (TMA) 2.0 g 5

 


 

274 Criminal Code SCHEDULE 1 (continued) PART 4 1 sections 273, 278 and 279 2 Dangerous drug Quantity of dangerous drug 1. Heroin 200.0 g 2. Cocaine 200.0 g 3. Phencyclidine 50.0 g 4. Lysergide 0.4 g PART 5 3 sections 273, 276 and 279 4 1. Barbituric acid and any 5,5 disubstituted derivatives of barbituric acid, 5 whether or not further substituted at position 1 of the ring 6 2. Buprenorphine 7 3. Codeine, except if it is compounded with 1 or more other 8 medicaments so that it cannot be readily extracted and if it is 9 contained-- 10 (a) in divided preparations containing 30 mg or less of codeine per 11 dosage unit; or 12 (b) in undivided preparations containing 1% or less of codeine 13 4. Difenoxin, except in preparations containing 0.5 mg or less of 14 difenoxin and a quantity of atropine sulphate equivalent to at least 5% 15

 


 

275 Criminal Code SCHEDULE 1 (continued) of the dose of difenoxin per dosage unit 1 5. Dihydrocodeine, except if it is compounded with 1 or more other 2 medicaments so that it cannot be readily extracted and if it is 3 contained-- 4 (a) in divided preparations containing 100 mg or less of 5 dihydrocodeine per dosage unit; or 6 (b) in undivided preparations containing 2.5% or less of 7 dihydrocodeine 8 6. Diphenoxylate, except in preparations containing 2.5 mg or less of 9 diphenoxylate and a quantity of atropine sulphate equivalent to at least 10 1% of the dose of diphenoxylate per dosage unit 11 7. Ethylmorphine, except if it is compounded with 1 or more other 12 medicaments so that it cannot be readily extracted and if it is 13 contained-- 14 (a) in divided preparations containing 100 mg or less of 15 ethylmorphine per dosage unit; or 16 (b) in undivided preparations containing 2.5% or less of 17 ethylmorphine 18 8. Hydrocodone 19 9. Hydromorphone 20 10. Methadone 21 11. Methylphenidate 22 12. Moramide 23 13. Morphine 24 14. Nicocodine, except if it is compounded with 1 or more other 25 medicaments so that it cannot be readily extracted and if it is 26 contained-- 27 (a) in divided preparations containing 100 mg or less of nicocodine 28 per dosage unit; or 29 (b) in undivided preparations containing 2.5% or less of nicocodine 30

 


 

276 Criminal Code SCHEDULE 1 (continued) 15. Nicodicodine, except if it is compounded with 1 or more other 1 medicaments so that it cannot be readily extracted and if it is 2 contained-- 3 (a) in divided preparations containing 100 mg or less of nicodicodine 4 per dosage unit; or 5 (b) in undivided preparations containing 2.5% or less of nicodicodine 6 16. Norcodeine, except if it is compounded with 1 or more other 7 medicaments so that it cannot be readily extracted and if it is 8 contained-- 9 (a) in divided preparations containing 100 mg or less of norcodeine 10 per dosage unit; or 11 (b) in undivided preparations containing 2.5% or less of norcodeine 12 17. Normethadone 13 18. Oxycodone 14 19. Pentazocine 15 20. Pethidine 16 21. Phenazocine 17 22. Phendimetrazine 18 23. Phenmetrazine 19 24. Pholcodine, except if it is compounded with 1 or more other 20 medicaments so that it cannot be readily extracted and if it is 21 contained-- 22 (a) in divided preparations containing 100 mg or less of pholcodine 23 per dosage unit; or 24 (b) in undivided preparations containing 2.5% or less of pholcodine 25 25. Racemethorphan 26 26. Racemoramide 27 27. Racemorphan 28 29

 


 

277 Criminal Code CHEDULE 2 1 S AMENDMENT OF ACTS 2 section 458 3 ART 1 4 P CTS INTERPRETATION ACT 1954 5 A 1. Section 20(4)-- 6 renumber as section 20(5). 7 2. Section 20(3)-- 8 omit, insert-- 9 `(3) If a provision of an Act makes an act or omission an offence, the act 10 or omission is only an offence if committed after the provision commences. 11 `(4) If a provision of an Act increases the maximum or minimum 12 penalty, or the penalty, for an offence, the increase applies only to an 13 offence committed after the provision commences.'. 14 2. Section 36, definition, ` "word" '-- 15 omit. 16 3. Section 36-- 17 insert-- 18 ` "charge", of an offence, means a charge in any form, including, for 19 example, the following-- 20 (a) a charge on an arrest; 21

 


 

278 Criminal Code SCHEDULE 2 (continued) (b) a complaint under the Justices Act 1886; 1 (c) a charge by a court under the Justices Act 1886, section 42(1A)101 2 or another provision of an Act; 3 (d) an indictment. 4 "word" includes any drawing, expression, figure and symbol.'. 5 11. Section 46-- 6 omit. 7 JUSTICES ACT 1886 8 1. Part 4, division 9-- 9 insert-- 10 `Views and inspections 11 `77A. In any proceeding, justices may make an inspection or conduct a 12 view.'. 13 ART 2 14 P CTS INTERPRETATION ACT 1954 15 A 1. Section 32AA-- 16 renumber as section 32AB. 17 101 Section 42 (Commencement of proceedings)

 


 

279 Criminal Code SCHEDULE 2 (continued) 2. After section 32A-- 1 insert-- 2 `Definitions generally apply to entire Act 3 `32AA. A definition in or applying to an Act applies to the entire Act.'. 4 3. After section 35E-- 5 insert-- 6 `Reference to brief description of offence or circumstance of 7 aggravation 8 `35F.(1) In this section-- 9 "brief description" means-- 10 (a) of an offence--the brief description of the offence mentioned in 11 subsection (2)(a); or 12 (b) of a circumstance of aggravation--the brief description of the 13 circumstance of aggravation mentioned in subsection (2)(b). 14 "described offence" means an offence mentioned in subsection (2)(a) 15 or (b). 16 "described circumstance of aggravation" means a circumstance of 17 aggravation mentioned in subsection (2)(b). 18 `(2) This section applies if, in an Act-- 19 (a) a provision that creates an offence has set out, after the penalty, a 20 brief description of the offence; or 21 (b) a provision that creates an offence with 1 or more circumstances 22 of aggravation has set out, after the penalty, a series of brief 23 descriptions of the offence with and without the circumstance or 24 circumstances of aggravation. 25 `(3) In an Act, a reference to an offence using the brief description of the 26 offence includes a reference to the described offence with any circumstance 27 of aggravation 28 29 Example--

 


 

280 Criminal Code SCHEDULE 2 (continued) 1 The Criminal Code, section 114102-- 2 makes it an offence to assault anyone 3 provides that it is a circumstance of aggravation if the assault is 4 committed with intent to commit a crime 5 sets out, after the penalty, a brief description of the crime as `assault'. 6 In the Code or another Act, a reference to the offence of `assault' includes a 7 reference to the offence of assault with intent to commit a crime. `(4) Subsection (3) applies even if the brief description does not mention 8 every variation of the described offence or any circumstance of aggravation. 9 10 Example-- 11 In an Act, a provision creates an offence consisting of the doing of, or an attempt 12 to do, an act. The brief description of the offence does not mention the attempt. In an 13 Act, the brief description of the offence is taken to include a reference to the 14 attempt. `(5) In an Act, a reference to a circumstance of aggravation using the 15 brief description of the circumstance of aggravation is taken to be a 16 reference to the described circumstance of aggravation. 17 `(6) Subsection (5) applies even if the brief description does not mention 18 every variation of the described circumstance of aggravation. 19 20 Example-- 21 In an Act, a provision creates an offence that has as a circumstance of 22 aggravation that the offender also did or attempted to do another act. The brief 23 description of the circumstance of aggravation does not mention the attempt. In an 24 Act, the brief description of the circumstance of aggravation is taken to include a 25 reference to the attempt. `(7) If a provision provides for a brief description of an offence or 26 circumstance of aggravation created by the provision, the brief description 27 has no effect on the interpretation of the provision.'. 28 4. Section 36, definition, ` "indictment" '-- 29 omit. 30 102 Criminal Code, section 114 (Assault)

 


 

281 Criminal Code SCHEDULE 2 (continued) 5. Section 36-- 1 insert-- 2 ` "indictment" has the meaning given by the Criminal Code, section 3 325.103'. 4 6. Section 41-- 5 insert-- 6 `(2) In deciding whether a penalty is specified at the end of a provision, a 7 brief description of an offence or circumstance of aggravation provided for 8 an offence created by the section is to be disregarded.'. 9 7. Section 44(3), `another type of proceeding'-- 10 omit, insert-- 11 `a proceeding other than a proceeding for an offence'. 12 8. Section 44(3) and (4), as amended-- 13 relocate to Justices Act 1886 as section 19(2)104 and (3). 14 9. Section 44-- 15 omit. 16 10. Section 45-- 17 omit. 18 103 Criminal Code, section 325 (Nature of indictment) 104 Justices Act 1886, section 19 (General provision)

 


 

282 Criminal Code SCHEDULE 2 (continued) VIDENCE ACT 1977 1 E 1. Part 2-- 2 insert-- 3 `Division 5--Exclusion of confession induced by threat or promise 4 `Exclusion of confession 5 `21B.(1) A confession tendered in evidence in a criminal proceeding 6 cannot be received if it has been induced by a threat or promise by anyone 7 in authority. 8 `(2) A confession made after a threat or promise by anyone in authority 9 is taken to have been induced by the threat or promise unless the contrary is 10 proved.'. 11 2. After section 129-- 12 insert-- 13 `PART 7A--EVIDENCE OF ALIBI 14 `Definitions for part 15 `129A. In this part-- 16 "charged person" means a person on trial on indictment for an offence. 17 "evidence in support of an alibi" means evidence tending to show that, 18 because of the charged person's presence at a particular place or in a 19 particular area at a particular time, the charged person was not, or was 20 unlikely to have been, at the place where the offence is claimed to have 21 been committed when it is claimed to have been committed. 22 "notice of alibi" means a written notice of the particulars of the alibi. 23 "required period", for a charged person giving a notice of alibi, means the 24 period of 14 days after the person was committed for trial. 25

 


 

283 Criminal Code SCHEDULE 2 (continued) `Requirements for adducing evidence of alibi 1 `129B. A charged person may adduce evidence in support of an alibi 2 only if-- 3 (a) the person has the judge's leave to adduce the evidence; or 4 (b) the person-- 5 (i) has given a notice of alibi for the alibi to the Director of 6 Public Prosecutions within the required period; and 7 (ii) if the evidence is to be given by anyone called by the 8 person--has complied with section 129C. 9 `Evidence of alibi given by witness 10 `129C.(1) The charged person may call someone to give evidence in 11 support of an alibi only if the person-- 12 (a) has the judge's leave to call the other person to give the evidence; 13 or 14 (b) has complied with this section. 15 `(2) Before giving the notice of alibi, the charged person must take all 16 reasonable steps to find out the other person's name and address. 17 `(3) If the charged person knows the other person's name and address 18 when giving the notice of alibi, the notice must include the other person's 19 name and address. 20 `(4) If the charged person does not know the other person's name and 21 address when giving the notice of alibi-- 22 (a) the notice must include all information the charged person has 23 that may be of material help in finding the other person; and 24 (b) the charged person must continue to take all reasonable steps to 25 find out the name and address; and 26 (c) if the charged person later finds out the name and address or 27 receives other information that may be of material help in finding 28 the other person--the charged person must immediately give 29

 


 

284 Criminal Code SCHEDULE 2 (continued) written notice of the information to the Director of Public 1 Prosecutions. 2 `(5) If the charged person is told by the Director of Public Prosecutions 3 that the other person has not been traced by the name given, or found at the 4 address given, the charged person must immediately give to the director 5 written notice of all information the person then has, or that is later received 6 by the person, that may be of material help in finding the other person. 7 `Accused not previously advised of requirements about alibi 8 `129D. A judge must not refuse leave under this part if the judge 9 considers the charged person was not, on the person's committal for trial, 10 informed of this part's requirements by the person presiding at the 11 committal. 12 `When evidence to disprove an alibi may be tendered 13 `129E. Subject to any direction of the judge, evidence tendered to 14 disprove an alibi may be given before or after evidence is given in support 15 of the alibi. 16 `Notice of alibi given by accused's lawyer 17 `129F. A notice of alibi purporting to be given under this part for the 18 charged person by the person's lawyer is evidence the notice was given 19 with the person's permission. 20 `PART 7B--EVIDENTIARY MATTERS FOR 21 OFFENCES ABOUT ANIMALS 22 `Definitions for part 23 `129G. In this part-- 24

 


 

285 Criminal Code SCHEDULE 2 (continued) "animal" means any ass, buffalo, camel, cattle, deer, goat, horse, mule, pig 1 or sheep. 2 "identifying part", of an animal, means the animal's hide, skin, marked 3 ear, or another part of the animal that may be used to identify the 4 animal. 5 "investigating officer", for a charge, means the police officer investigating 6 the charge. 7 "photographs" includes tapes, films and other forms of visual 8 reproduction. 9 `Identification and return of animal for slaughter if ownership not 10 disputed 11 `129H.(1) This section applies if-- 12 (a) an animal connected with a charge of an offence is in the 13 possession, or under the control of, a police officer; and 14 (b) ownership of the animal is not disputed; and 15 (c) the animal's owner wants to slaughter the animal, or sell or 16 consign it for slaughter, before it is tendered as an exhibit in 17 connection with the charge; and 18 (d) photographs of the animal and of any brand or other mark of 19 identification are available for tendering as exhibits; and 20 (e) arrangements are made, between the investigating officer and 21 owner, for an identifying part of the animal to be given to the 22 officer for tendering as an exhibit; and 23 (f) a State law officer approves the animal's return to the owner. 24 `(2) The arrangements must include an agreement by the owner to ensure 25 the following conditions are complied with-- 26 (a) the animal must be slaughtered within 14 days after it is returned 27 to the owner, or the animal must be sold or consigned for 28 slaughter; 29 (b) within 14 days of the slaughter, the identifying part must be given 30

 


 

286 Criminal Code SCHEDULE 2 (continued) to the investigating officer; 1 (c) until the identifying part is given to the officer, the officer's 2 directions about security or preservation of the part must be 3 complied with; 4 (d) if the animal is sold or consigned by the owner for slaughter--the 5 owner must require the buyer, as a condition of the sale, or the 6 consignee to ensure that-- 7 (i) the animal is slaughtered within 14 days after it is sold or 8 received by the consignee; and 9 (ii) the conditions mentioned in paragraphs (b) and (c) are 10 complied with. 11 `(3) If this section applies to the animal, it may be returned to its owner 12 and slaughtered, or sold or consigned for slaughter. 13 `Identification and handing over of animal for slaughter if ownership 14 disputed 15 `129I.(1) This section applies if-- 16 (a) an animal connected with a charge of an offence is in the 17 possession, or under the control, of a police officer; and 18 (b) the ownership of the animal is disputed by at least 2 persons (1 of 19 whom may be the person charged with the offence); and 20 (c) all of the persons that the investigating officer is aware are 21 claiming ownership of, or another interest in, the animal (the 22 "known claimants") agree in writing to the animal being 23 slaughtered on their behalf, or sold or consigned on their behalf 24 for slaughter, before it is tendered as an exhibit in connection with 25 the charge; and 26 (d) photographs of the animal and of any brand or other mark of 27 identification are available for tendering as exhibits; and 28 (e) arrangements are made, between the investigating officer and the 29 known claimants, for an identifying part of the animal to be given 30 to the officer for tendering as an exhibit; and 31

 


 

287 Criminal Code SCHEDULE 2 (continued) (f) a State law officer approves of the animal being handed over to a 1 person (the "nominated person") nominated in the agreement 2 mentioned in subsection (1)(c). 3 `(2) The arrangements must include an agreement by the known 4 claimants to ensure the following conditions are complied with-- 5 (a) the animal must be slaughtered within 14 days after it is handed 6 over to the nominated person, or the animal must be sold or 7 consigned for slaughter; 8 (b) within 14 days of the slaughter, the identifying part must be given 9 to the investigating officer; 10 (c) until the identifying part is given to the officer, the officer's 11 directions about security or preservation of the part must be 12 complied with; 13 (d) if the animal is sold or consigned by the known claimants for 14 slaughter--the known claimants must require the buyer, as a 15 condition of the sale, or the consignee to ensure that-- 16 (i) the animal is slaughtered within 14 days after it is sold or 17 received by the consignee; and 18 (ii) the conditions mentioned in paragraphs (b) and (c) are 19 complied with. 20 `(3) If this section applies to the animal, it may be handed over to the 21 nominated person and slaughtered, or sold or consigned for slaughter. 22 `Photographs etc. may be tendered in evidence 23 `129J.(1) This section applies if, because an animal has been slaughtered 24 under arrangements made under section 129H or 129I,105 the animal is not 25 tendered as an exhibit in a proceeding in connection with a charge, but-- 26 (a) the photographs and identifying part of the animal are tendered in 27 105 Section 129H (Identification and return of animal for slaughter if ownership not disputed) Section 129I (Identification and handing over of animal for slaughter)

 


 

288 Criminal Code SCHEDULE 2 (continued) the proceeding; or 1 (b) the photographs are tendered in the proceeding and evidence is 2 given in the proceeding showing that, although the arrangements 3 required by the section were made, the identifying part is 4 nevertheless not available for tendering in evidence. 5 `(2) Objection may not be taken (or if taken must not be allowed) to any 6 of the photographs or any identifying part being received in evidence as 7 evidence of the following-- 8 (a) the animal's existence at the material time; 9 (b) for photographs--the animal's condition at the material time; 10 (c) a brand or other mark or feature of identification at the material 11 time for the animal. 12 `When animal must not be returned or handed over 13 `129K. A State law officer may not approve the return or handing over 14 of an animal under this part if, in the officer's opinion-- 15 (a) its production for tender as an exhibit is, or is likely to be, 16 necessary; or 17 (b) in the circumstances, it is desirable that it be produced for tender 18 as an exhibit. 19 `Identification of animals and return to owner before tender in certain 20 cases 21 `129L.(1) This section applies if-- 22 (a) an animal connected with a charge of an offence is in the 23 possession, or under the control, of a police officer; and 24 (b) the ownership of the animal is not disputed; and 25 (c) the animal's owner wants the animal returned before it is tendered 26 as an exhibit in connection with the charge; and 27 (d) the owner agrees in writing to produce the animal for tendering as 28

 


 

289 Criminal Code SCHEDULE 2 (continued) an exhibit when directed to produce it; and 1 (e) a State law officer approves the animal's return to the owner. 2 `(2) The animal may be returned to its owner if it is first-- 3 (a) branded or marked by the police officer, or anyone acting under 4 the officer's instructions, to identify it as an animal held as an 5 exhibit; and 6 (b) photographed. 7 `PART 7C--EVIDENTIARY AND RELATED 8 MATTERS ABOUT PROCEEDINGS FOR SEXUAL 9 OFFENCES 10 `Definitions for part 11 `129M. In this part-- 12 "charged person" means a person charged with committing a sexual 13 offence. 14 "committal proceeding" means a committal proceeding for a sexual 15 offence. 16 "complainant" see section 129N. 17 "identifying particular", of a person, means-- 18 (a) the name, address, school, place of employment or another 19 particular of the person or anyone else that is likely to lead to the 20 person's identification; or 21 (b) a photograph, picture, videotape or other visual representation of 22 the person or anyone else that is likely to lead to the person's 23 identification. 24 "report" means a written account, or an account broadcast in any way. 25 "serious sexual offence" means any of the following offences, or an 26

 


 

290 Criminal Code SCHEDULE 2 (continued) offence of attempting to commit any of them-- 1 (a) assault, if it is committed with intent to commit rape; 2 (b) rape; 3 (c) indecent assault; 4 (d) procuring an act of gross indecency; 5 (e) having unlawful sexual intercourse with a person who has an 6 intellectual or psychiatric impairment; 7 (f) indecently dealing with a person who has an intellectual or 8 psychiatric impairment; 9 (g) procuring a person who has an intellectual or psychiatric 10 impairment for sexual intercourse; 11 (h) unlawfully procuring a person to engage in a sexual act.106 12 "sexual offence" means an offence of a sexual nature, and includes a 13 serious sexual offence. 14 "trial" means a trial of a charged person, or a proceeding taken for 15 sentencing a charged person convicted of a sexual offence. 16 `Meaning of "complainant" 17 `129N.(1) A "complainant" is the person in relation to whom a sexual 18 offence is claimed to have been committed. 19 `(2) However, a person is not a complainant if the person is-- 20 (a) at least 17 years when the sexual offence is claimed to have been 21 106 See the Criminal Code, sections 114 (Assault), 116 (Rape), 117 (Sexual assault), 118 (Procuring act of gross indecency), 233 (Unlawful sexual intercourse with a person who has an intellectual or psychiatric impairment), 234 (Indecently dealing with a person who has an intellectual or psychiatric impairment), 236 (Procuring a person who has an intellectual or psychiatric impairment for sexual intercourse) and 237 (Procuring sexual acts by deception or coercion).

 


 

291 Criminal Code SCHEDULE 2 (continued) committed; and 1 (b) an accomplice in its commission. 2 `Special rules of evidence about serious sexual offences 3 `129O.(1) This section applies to a committal proceeding or trial for a 4 serious sexual offence. 5 `(2) The court must not receive evidence of, and must disallow a 6 question about, the complainant's general reputation about chastity. 7 `(3) Without the court's leave-- 8 (a) the complainant must not be cross-examined about the 9 complainant's sexual activities with anyone other than the charged 10 person; and 11 (b) evidence must not be received about the complainant's sexual 12 activities with anyone other than the charged person. 13 `(4) The court may give leave under subsection (3) only if it is satisfied 14 the evidence sought to be elicited or led-- 15 (a) has substantial relevance to the facts in issue; or 16 (b) is appropriate matter for cross-examination about credit. 17 `(5) Evidence about, or tending to establish, the fact the complainant was 18 accustomed to engage in sexual activities with anyone other than the 19 charged person is not taken to-- 20 (a) have substantial relevance to the facts in issue only because of an 21 inference it may raise about general disposition; or 22 (b) be appropriate matter for cross-examination about credit in the 23 absence of special circumstances because of which it would be 24 likely to materially impair confidence in the reliability of the 25 complainant's evidence. 26 `(6) For subsection (5), and without limiting the substantial relevance of 27 other evidence, evidence of an act or event is taken to have substantial 28 relevance to the facts in issue if the act or event-- 29

 


 

292 Criminal Code SCHEDULE 2 (continued) (a) is substantially contemporaneous with an offence with which a 1 charged person is charged in the committal proceeding or the trial; 2 or 3 (b) is part of a sequence of acts or events that explains the 4 circumstances in which the offence was committed. 5 `(7) An application for leave under subsection (3) must be-- 6 (a) made in the absence of the jury (if any) and, if the charged person 7 requires it, in the absence of the complainant; and 8 (b) decided after the court has heard the submissions and evidence 9 (sworn or unsworn) the court considers necessary for it to make 10 the decision. 11 `(8) It is immaterial whether or not the committal proceeding or trial also 12 relates to a charge of another offence that is not a serious sexual offence 13 against the charged person or another charged person. 14 `Exclusion of public 15 `129P.(1) While a complainant is giving evidence in a committal 16 proceeding or trial, the court must exclude everyone from the place where it 17 is sitting except-- 18 (a) the complainant's lawyer; and 19 (b) the charged person; and 20 (c) the charged person's lawyer; and 21 (d) a State law officer or a person authorised by a State law officer to 22 be present; and 23 (e) the prosecutor; and 24 (f) a person whose presence is, in the court's opinion, necessary or 25 desirable for the appropriate conduct of the committal proceeding 26 or trial; and 27 (g) a person whose presence will give emotional support to the 28 complainant; and 29

 


 

293 Criminal Code SCHEDULE 2 (continued) (h) if the complainant is under, or apparently under, 17 years--the 1 complainant's parent or guardian unless the court considers the 2 person's presence would not be in the complainant's interest; and 3 (i) a person who applies to the court to be present and whose 4 presence the court considers-- 5 (i) would serve an appropriate interest of the person; and 6 (ii) would not prejudice the complainant's interests. 7 `(2) Subsection (1) does not limit the court's power under an Act or rule 8 of law to exclude a person, including a charged person, from the place 9 where it is sitting. 10 `Publication at large of complainant's identity prohibited 11 `129Q.(1) A report made or published about a committal proceeding or 12 trial must not reveal an identifying particular of a complainant in the 13 proceeding or trial, unless the court otherwise orders. 14 `(2) The court may make the order only if it has a good and sufficient 15 reason to make it. 16 `(3) The order may state-- 17 (a) the particulars that may be revealed; and 18 (b) the extent to which publication of the report is permitted. 19 `Premature publication of charged person's identity prohibited 20 `129R.(1) A report made or published about a committal proceeding for 21 a serious sexual offence must not reveal an identifying particular of a 22 charged person in the proceeding, unless the court otherwise orders. 23 `(2) The court may make the order only if it has good and sufficient 24 reason to make it. 25 `(3) The order may state-- 26 (a) the particulars that may be revealed; and 27 (b) the extent to which publication of the report is permitted. 28

 


 

294 Criminal Code SCHEDULE 2 (continued) `Exempted reports 1 `129S.(1) Sections 129Q and 129R107 do not apply to-- 2 (a) a report made for-- 3 (i) a committal proceeding or trial; or 4 (ii) a proceeding on appeal arising from a trial; or 5 (b) a report-- 6 (i) made verbatim of a judgment or decision given in a trial, or 7 in a proceeding on appeal arising from a trial; and 8 (ii) contained in a recognised series of law reports; or 9 (c) a report made to or for an interested department for that 10 department's purposes. 11 `(2) Section 129R does not apply to a report about a committal 12 proceeding that reveals an identifying particular of a charged person in the 13 proceeding if-- 14 (a) the person is committed for trial or sentence on a charge of a 15 sexual offence because of the proceeding; and 16 (b) the report-- 17 (i) is made after the committal order is made; and 18 (ii) does not reveal an identifying particular of another charged 19 person in the proceeding who is not committed for trial or 20 sentence. 21 `(3) In this section-- 22 "interested department" means-- 23 (a) the department; or 24 (b) the department in which the Police Service Administration Act 25 1990 is administered; or 26 107 Sections 129Q (Publication at large of complainant's identity prohibited) and 129R (Premature publication of accused's identity prohibited)

 


 

295 Criminal Code SCHEDULE 2 (continued) (c) the department in which the Children's Services Act 1965 is 1 administered. 2 `Part provides additional protection 3 `129T. Sections 129Q and 129R 108 add to, but do not limit, an Act or 4 rule of law about the protection from identification of witnesses or other 5 persons in a committal proceeding or trial. 6 `Offences 7 `129U.(1) A person must not make or publish a report that contravenes 8 section 129Q or 129R.105 9 Maximum penalty--10 penalty units or 6 months imprisonment. 10 `(2) If a court order permits a report to which section 129Q or 129R 11 applies to be made or published, a person must not make or publish the 12 report in a way that does not comply with the order. 13 Maximum penalty--10 penalty units or 6 months imprisonment. 14 `(3) A person must not, by a statement or representation made or 15 published other than in a report about a committal proceeding or a trial, 16 reveal the name, address, school or place of employment of-- 17 (a) a complainant, at any time; or 18 (b) a charged person charged with a serious sexual offence to which 19 the statement or representation relates, before the person is 20 committed for trial or to be sentenced on the charge. 21 Maximum penalty--10 penalty units or 6 months imprisonment. 22 `(4) Subsection (3) does not apply if the statement or representation is 23 made or published for an authorised purpose. 24 `(5) The fact a person commits an offence against subsection (2) does 25 not limit the power of a court to deal with the person for the contempt of 26 108 Sections 129Q (Publication at large of complainant's identity prohibited) and 129R (Premature publication of accused's identity prohibited)

 


 

296 Criminal Code SCHEDULE 2 (continued) court evidenced by the offence. 1 `(6) In this section-- 2 "authorised purpose" means-- 3 (a) the investigation of the complaint made by or for a complainant; 4 or 5 (b) the preparation for, or conduct of, a committal proceeding or trial, 6 or a proceeding on appeal arising from a trial. 7 `Charged person may apply for direction that s 129U(3) does not 8 apply 9 `129V.(1) A charged person may, before the start of a committal 10 proceeding or trial for the sexual offence with which the person is charged, 11 apply to a Supreme Court judge for a direction that section 129U(3)109 does 12 not apply to the charged person or a complainant for the offence. 13 `(2) The judge must give the direction if the charged person satisfies the 14 judge that-- 15 (a) the direction is necessary to induce persons who are likely to be 16 needed as witnesses at the proceeding or trial to come forward; 17 and 18 (b) the conduct of the charged person's defence at the proceeding or 19 trial is likely to be substantially prejudiced if the direction is not 20 given. 21 `(3) The direction may be given on the terms the judge considers 22 appropriate. 23 `Certain convicted persons may apply for direction that s 129U(3) 24 does not apply 25 `129W.(1) A person who has been convicted of a sexual offence and has 26 given notice of appeal, or of an application for leave to appeal, against the 27 109 Section 129U (Offences)

 


 

297 Criminal Code SCHEDULE 2 (continued) conviction to the Court of Appeal may apply to the court or a Supreme 1 Court judge for a direction that section 129U(3)110 does not apply to the 2 complainant for the offence. 3 `(2) The court or judge must give the direction if the applicant satisfies 4 the court or judge that-- 5 (a) the direction is necessary to obtain evidence to support the appeal; 6 and 7 (b) the applicant is likely to suffer substantial injustice if the direction 8 is not given. 9 `(3) The direction may be given on terms the court or judge considers 10 appropriate. 11 `Executive officers must ensure corporation does not contravene this 12 part 13 `129X.(1) The executive officers of a corporation must ensure that the 14 corporation does not contravene this part. 15 `(2) If a corporation commits an offence against a provision of this part, 16 each of the corporation's executive officers also commit an offence, 17 namely, the offence of failing to ensure the corporation complies with the 18 provision. 19 Maximum penalty--the penalty prescribed for the contravention of the 20 provision by an individual. 21 `(3) Evidence that a corporation has been convicted of an offence against 22 a provision of this part is evidence each of the corporation's executive 23 officers committed the offence of failing to ensure the corporation complies 24 with the provision. 25 `(4) However, it is a defence for an executive officer to prove-- 26 (a) if the officer was in a position to influence the conduct of the 27 corporation in relation to the offence--the officer exercised 28 reasonable diligence to ensure the corporation did not contravene 29 110 Section 129U (Offences)

 


 

298 Criminal Code SCHEDULE 2 (continued) the provision; or 1 (b) the officer was not in a position to influence the conduct of the 2 corporation in relation to the offence. 3 `(5) In this section-- 4 "convicted", of an offence, means that the corporation has been found 5 guilty of the offence, on a plea of guilty or otherwise, whether or not a 6 conviction was recorded. 7 "executive officer", of a corporation, means-- 8 (a) a person who is concerned with, or takes part in, the corporation's 9 management, whether or not the person is a director or the 10 person's position is given the name of executive officer; or 11 (b) if the offence involves the publication by the corporation of 12 material in a newspaper--the newspaper's editor.'. 13 3. After section 130-- 14 insert-- 15 `Corroboration 16 `130A.(1) A person may be convicted of an offence on the 17 uncorroborated testimony of 1 witness, whether or not the witness is a 18 complainant, the person's accomplice or anyone else. 19 `(2) On the trial of a person for an offence before a jury, the judge is not 20 required by any rule of law or practice to warn the jury that it is unsafe to 21 convict the person on the uncorroborated testimony of 1 witness. 22 `(3) Nothing in subsection (1) or (2) stops a judge from commenting on 23 testimony given in a trial, if the comment is appropriate in the interests of 24 justice. 25 `(4) In this section-- 26 "uncorroborated testimony" means testimony that is not corroborated in 27 some material particular by other evidence implicating the person. 28

 


 

299 Criminal Code SCHEDULE 2 (continued) `Evidence of previous conviction 1 `130B.(1) On the trial of a person (the "charged person") charged with 2 an offence claimed to have been committed after a previous conviction, a 3 certificate under subsection (2) is evidence of the conviction on proof of the 4 identity of the person mentioned in the certificate. 5 `(2) A certificate is sufficient for subsection (1) if it-- 6 (a) states the substance and effect only of the indictment, verdict and 7 judgment, or of the complaint and conviction; and 8 (b) purports to be signed by the proper officer of the court where the 9 charged person was first convicted. 10 `(3) If the previous conviction was a summary conviction, the conviction 11 is presumed not to have been appealed against unless it is shown otherwise. 12 `(4) The certificate need not state the formal parts of-- 13 (a) the indictment, verdict and judgment; or 14 (b) the complaint and conviction. 15 `(5) It is unnecessary to prove the signature or official character of the 16 person who appears to have signed the certificate. 17 `(6) In this section-- 18 "proper officer", of a court, means the officer who has custody of the 19 court's records, and includes the officer's deputy. 20 `Admissions by charged person and State in criminal trials 21 `130C.(1) On the trial of a person for an indictable offence-- 22 (a) the person may admit a fact claimed against the person; and 23 (b) the person may also make the admission by his or her lawyer; 24 and 25 (c) if the person agrees, the State may, by its lawyer, admit a fact 26 relevant to the trial. 27 `(2) The admission is sufficient evidence of the fact without other 28 evidence. 29

 


 

300 Criminal Code SCHEDULE 2 (continued) `(3) In this section-- 1 "trial", of a person for an indictable offence, includes summary 2 proceedings for the indictable offence. 3 `Evidence of lawful custody 4 `130D.(1) Evidence given by a person authorised by the Corrective 5 Services Commission to give the evidence that a person is, or on a 6 particular day was, in lawful custody must be admitted as evidence of the 7 custody. 8 `(2) A document purporting to be a certificate signed by a person 9 authorised by the commission to sign the certificate stating that a person is, 10 or on a particular day was, in lawful custody is, on its production, evidence 11 of the custody.'. 12 4. Section 132-- 13 omit, insert-- 14 `Evidence of domestic violence 15 `132.(1) This section applies to a criminal proceeding against a person 16 for an offence defined in the Criminal Code, chapter 2, part 1 or 2.111 17 (2) Relevant evidence of the history of the domestic relationship between 18 the person and the person against whom the offence was committed is 19 admissible in evidence in the proceeding. 20 `Inadmissibility of similar fact evidence 21 `132A. (1) In a criminal proceeding, similar fact evidence from different 22 complainants is inadmissible if there is a real chance the evidence is 23 concocted. 24 111 Criminal Code, chapter 2 (Personal offences), part 1 (Homicide and associated offences) or 2 (Grievous bodily harm and assault)

 


 

301 Criminal Code SCHEDULE 2 (continued) `(2) The mere possibility that the complainants concocted the evidence 1 does not make the evidence inadmissible.'. 2 5. After section 135-- 3 insert-- 4 `Numbering and renumbering of Act 5 `136. In the next reprint of this Act produced under the Reprints Act 6 1992, section 43 of that Act must be used to number and renumber the 7 provisions of this Act occurring after section 129.'. 8 UVENILE JUSTICE ACT 1992 9 J 1. Section 8(2)-- 10 omit, insert-- 11 `(2) An offence is not a serious offence if it is of a type that, if committed 12 by an adult, may be dealt with summarily under the Criminal Code, 13 section 320.112'. 14 ECURITY PROVIDERS ACT 1993 15 S 1. Section 3, definition "disqualifying offence", paragraph (b)-- 16 omit. 17 2. Section 3, definition "disqualifying offence, paragraph (c)-- 18 renumber as paragraph (b). 19 112 Criminal Code, section 320 (When a charge for an indictable offences may be decided summarily)

 


 

302 Criminal Code SCHEDULE 2 (continued) 3. After section 57-- 1 insert-- 2 `Liability to be disqualified for offences is unaffected by enactment of 3 new Criminal Code 4 `57A.(1) A person's liability to be disqualified under section 11(5) for an 5 offence under the Drugs Misuse Act 1986, or an offence against a provision 6 of the Criminal Code mentioned in the schedule as it existed immediately 7 before the commencement of this section, is not affected by the repeal of 8 that Criminal Code. 9 `(2) This section is a law to which the Acts Interpretation Act 1954, 10 section 20A113 applies.'. 11 4. Schedule-- 12 omit, insert-- 13 `SCHEDULE 14 DISQUALIFYING OFFENCE PROVISIONS UNDER 15 THE CRIMINAL CODE 16 section 3 17 1. Section 44 (Conspiracy to commit an offence) 18 2. Section 95 (Murder) 19 3. Section 96 (Manslaughter) 20 4. Section 104 (Attempt to murder) 21 5. Section 105 (Accessory after the fact to murder) 22 113 Acts Interpretation Act 1954, section 20A (Repeal does not end saving, transitional or validating effect etc.)

 


 

303 Criminal Code SCHEDULE 2 (continued) 6. Section 106 (Documented threats to murder) 1 7. Section 107 (Conspiracy to murder) 2 8. Section 111 (Grievous bodily harm) 3 9. Section 114 (Assault) 4 10. Section 115 (Assault of crew member in aircraft) 5 11. Section 116 (Rape) 6 12. Section 117 (Sexual assault) 7 13. Section 118 (Procuring act of gross indecency) 8 14. Section 120 (Kidnapping for ransom) 9 15. Section 122 (Kidnapping) 10 16. Section 124 (Deprivation of liberty) 11 17. Section 129 (Unlawful custody of mental patient) 12 18. Section 131 (Threats) 13 19. Section 133 (Unlawful stalking) 14 20. Section 136 (Putting destructive thing in vehicle etc.) 15 21. Section 137 (Endangering persons on a vehicle) 16 22. Section 138 (Disabling or stupefying with intent to commit a crime) 17 23. Section 139 (Acts intended to cause serious harm or stop arrest or 18 detention) 19 24. Section 140 (Placing explosive or noxious substance with intent) 20 25. Section 141 (Placing explosive substance) 21 26. Section 142 (Setting traps) 22 27. Section 143 (Permitting traps to remain) 23 28. Section 145 (Obstructing rescue or escape from unsafe premises) 24 29. Section 146 (Administering poison with intent to harm) 25 30. Section 156 (Stealing) 26

 


 

304 Criminal Code SCHEDULE 2 (continued) 31. Section 158 (Dishonest appropriation) 1 32. Section 163 (Making property moveable with intent) 2 33. Section 164 (Bringing stolen property into Queensland) 3 34. Section 165 (Receiving tainted property) 4 35. Section 166 (Taking reward for recovery of tainted property) 5 36. Section 167 (Robbery) 6 37. Section 168 (Attempted robbery) 7 38. Section 169 (Extortion) 8 39. Section 170 (Burglary) 9 40. Section 171 (Unlawful use or possession of vehicle) 10 41. Section 172 (Unlawfully taking control of aircraft) 11 42. Section 180 (Tampering with documents) 12 43. Section 182 (Forgery) 13 44. Section 183 (Dealing with things used for forgery) 14 45. Section 184 (Fraud) 15 46. Section 185 (Impersonation) 16 47. Section 186 (Unlawful acknowledgment) 17 48. Section 187 (Gaining or giving unauthorised status) 18 49. Section 190 (Unlawful damage) 19 50. Section 191 (Danger by placing explosive or noxious substance) 20 51. Section 192 (Damaging mines) 21 52. Chapter 5 (Other offences against the public interest), part 1 (Sexual 22 offences) 23 53. Section 275 (Trafficking in a dangerous drug) 24 54. Section 276 (Supplying a dangerous drug) 25 55. Section 277 (Receiving or possessing property derived from trafficking 26 or supplying dangerous drugs or converted property) 27

 


 

305 Criminal Code SCHEDULE 2 (continued) 56. Section 278 (Producing a dangerous drug) 1 57. Section 279 (Possessing a dangerous drug) 2 58. Section 280 (Unlawful possession of a certain thing) 3 59. Section 281 (Permitting place to be used for drugs misuse offence) 4 60. Section 282 (Parties to offences committed outside Queensland) 5 61. Section 283 (Attempt to commit offence against this part)'. 6 RANSPORT OPERATIONS (PASSENGER 7 T TRANSPORT) ACT 1994 8 1. Schedule 1-- 9 omit, insert-- 10 `SCHEDULE 1 11 `DISQUALIFYING OFFENCES--PROVISIONS OF 12 THE CRIMINAL CODE 13 dictionary, def "disqualifying offence" 14 1. Section 95 (Murder) 15 2. Section 96 (Manslaughter) 16 3. Section 104 (Attempt to murder) 17 4. Section 105 (Accessory after the fact to murder) 18 5. Section 106 (Documented threats to murder) 19 6. Section 107 (Conspiring to murder) 20

 


 

306 Criminal Code SCHEDULE 2 (continued) 7. Section 108 (Aiding suicide) 1 8. Section 109 (Killing an unborn child) 2 9. Section 110 (Hiding the birth of a child) 3 10. Section 111 (Grievous bodily harm) 4 11. Section 114 (Assault) 5 12. Section 115 (Assault of crew member in aircraft) 6 13. Section 116 (Rape) 7 14. Section 117 (Sexual assault) 8 15. Section 118 (Procuring act of gross indecency) 9 16. Section 120 (Kidnapping for ransom) 10 17. Section 122 (Kidnapping) 11 18. Section 124 (Deprivation of liberty) 12 19. Section 126 (Child stealing) 13 20. Section 127 (Harbouring stolen child) 14 21. Section 128 (Abduction of child under 16) 15 22. Section 129 (Unlawful custody of mental patient) 16 23. Section 131 (Threats) 17 24. Section 133 (Unlawful stalking) 18 25. Section 134 (Dangerous operation of a vehicle) 19 26. Section 135 (Contravening Act about commercial vehicles) 20 27. Section 136 (Putting destructive thing in vehicle etc.) 21 28. Section 137 (Endangering persons on a vehicle) 22 29. Section 138 (Disabling or stupefying with intent to commit a crime) 23 30. Section 139 (Acts intended to cause serious harm or stop arrest or 24 detention) 25 31. Section 140 (Placing exposure or noxious substance with intent) 26

 


 

307 Criminal Code SCHEDULE 2 (continued) 32. Section 141 (Placing explosive substance) 1 33. Section 142 (Setting traps) 2 34. Section 143 (Permitting traps to remain) 3 35. Section 144 (Acts causing bodily harm) 4 36. Section 145 (Obstructing rescue or escape from unsafe premises) 5 37. Section 146 (Administering poison with intent to harm) 6 38. Chapter 2 (Personal offences), part 4 (Other offences endangering life, 7 health or safety), division 3 (Offences against persons under care) 8 39. Section 156 (Stealing) 9 40. Section 158 (Dishonest appropriation) 10 41. Section 163 (Making property moveable with intent to steal or 11 dishonestly appropriate) 12 42. Chapter 3 (Property offences, dishonesty offences and associated 13 offences), part 1 (Stealing, dishonest appropriation and associated 14 offences), division 3 (Offences about property derived from other 15 offences) 16 43. Chapter 3 (Property offences, dishonesty offences and associated 17 offences), parts 2 (Robbery and extortion) and 3 (Burglary) 18 44. Section 171 (Unlawful use or possession of vehicle) 19 45. Section 172 (Unlawfully taking control of aircraft) 20 46. Section 180 (Tampering with documents) 21 47. Section 184 (Fraud) 22 48. Section 185 (Impersonation) 23 49. Section 186 (Unlawful acknowledgment) 24 50. Section 187 (Gaining or giving unauthorised status 25 51. Section 190 (Unlawful damage) 26 52. Section 191 (Danger by placing explosive or noxious substance) 27 53. Section 192 (Damaging mines) 28

 


 

308 Criminal Code SCHEDULE 2 (continued) 54. Chapter 5 (Other public interest offences), part 1 (Sexual offences) 1 55. Section 275 (Trafficking in a dangerous drug) 2 56. Section 276 (Supplying a dangerous drug) 3 57. Section 277 (Receiving or possessing property derived from trafficking 4 or supplying dangerous drugs or converted property) 5 58. Section 278 (Producing a dangerous drug) 6 59. Section 279 (Possessing a dangerous drug) 7 60. Section 280 (Unlawful possession of a certain thing) 8 61. Section 281 (Permitting place to be used for drugs misuse offence) 9 62. Section 284 (Protection of informers)'. 10 2. Schedule 5, definition "disqualifying offence", paragraph (b)-- 11 omit. 12 3. Schedule 5, definition "disqualifying offence", paragraphs (c) to 13 (e)-- 14 renumber as paragraphs (b) to (d). 15 16

 


 

309 Criminal Code CHEDULE 3 1 S CONSOLIDATION AND AMENDMENT OF CERTAIN 2 LAWS 3 section 459 4 PART 1--CONSOLIDATION AND AMENDMENT OF 5 DEFAMATION LAW 6 Division 1--Amendment of Defamation Act 1889 7 1. Section 1-- 8 omit, insert-- 9 `PART 1--PRELIMINARY 10 `Short title 11 `1. This Act may be cited as the Defamation Act 1889. 12 `PART 2--INTERPRETATION'. 13 2. Before section 9-- 14 insert-- 15 `PART 3--PUBLICATION OF DEFAMATORY 16 MATTER'. 17

 


 

310 Criminal Code SCHEDULE 3 (continued) 3. Section 9-- 1 renumber as section 8. 2 4. After section 9-- 3 insert-- 4 `PART 4--PROTECTION 5 `PART 5--QUESTIONS OF FACT AND LAW'. 6 5. Heading before section 20-- 7 omit, insert-- 8 `PART 6--ORAL DEFAMATION'. 9 6. Section 20, after `defamation'-- 10 insert-- 11 `, or a prosecution for publishing defamatory matter,'. 12 7. Heading before section 21-- 13 omit, insert-- 14 `PART 7--PROVISIONS APPLYING TO ACTIONS 15 FOR DEFAMATION'. 16 8. Sections 34 to 36-- 17 renumber as sections 25 to 27. 18

 


 

311 Criminal Code SCHEDULE 3 (continued) 9. Heading before section 38-- 1 omit. 2 10. Section 38-- 3 renumber as section 28. 4 11. Headings before section 40 and after section 41-- 5 omit. 6 12. Sections 40 and 41-- 7 omit. 8 13. Section 43-- 9 renumber as section 29. 10 14. After section 43-- 11 insert-- 12 `PART 8--PROVISIONS APPLYING TO 13 PROSECUTIONS FOR DEFAMATION'. 14 15. Section 44 and heading before section 44-- 15 omit, insert-- 16 `Proceedings for offences 17 `39. An offence against this Act is a summary offence. 18

 


 

312 Criminal Code SCHEDULE 3 (continued) `PART 9--SAVINGS PROVISION 1 `Saving of previous defences 2 `40.(1) In this section-- 3 "Criminal Code 1899" means the Criminal Code set out in the Criminal 4 Code Act 1899, schedule 1. 5 `(2) The relocation of provisions of the Criminal Code 1899 to this Act 6 did not have the effect of abolishing any defence a person may have had in a 7 civil proceeding for defamation if the relocation had not happened, even 8 though the Criminal Code 1899 is later repealed. 9 `(3) This section applies whether the defamation is claimed to have 10 happened before or after the relocation or repeal.'. 11 16. Section 46-- 12 relocate, in part 1, as section 2. 13 Division 2--Amendment of Criminal Code 14 1. Chapter 35, heading-- 15 omit. 16 2. Section 365-- 17 omit. 18 3. Section 366-- 19 relocate to Defamation Act 1889, in part 2, as section 4. 20

 


 

313 Criminal Code SCHEDULE 3 (continued) 4. Sections 367-- 1 relocate to Defamation Act 1889, in part 5, as section 18. 2 5. Sections 368 and 369-- 3 relocate to Defamation Act 1889, in part 2, as sections 5 and 6. 4 6. Section 370-- 5 relocate to Defamation Act 1889, in part 3, as section 7. 6 7. Sections 371-- 7 omit. 8 8. Sections 372, 373 and 374(1)(d), `Her Majesty'-- 9 omit, insert-- 10 `the Government'. 11 9. Section 375(1)(a), `section 374'-- 12 omit, insert-- 13 `section 15'. 14 10. Sections 372 to 378, as amended-- 15 relocate to Defamation Act 1889, in part 4, as sections 11 to 17. 16 11. Section 379-- 17 relocate to Defamation Act 1889, in part 5, as section 19. 18

 


 

314 Criminal Code SCHEDULE 3 (continued) 12. Section 380(1), words after `concerning'-- 1 omit, insert-- 2 `someone else commits an offence. 3 Maximum penalty-- 4 (a) 2 years imprisonment or 20 penalty units, if the person knows the 5 defamatory matter is false; or 6 (b) 1 years imprisonment or 10 penalty units, in any other case.'. 7 13. Section 380(2)-- 8 omit. 9 14. Section 381, words after `such member or members,'-- 10 omit, insert-- 11 `commits an offence. 12 Maximum penalty--2 years imprisonment or 20 penalty units.'. 13 15. Sections 380 and 381, as amended-- 14 relocate to Defamation Act 1889, in part 3, sections 9 and 10. 15 16. Sections 382 and 383-- 16 omit. 17 17. Sections 384 to 389-- 18 relocate to Defamation Act 1889, in part 8, as sections 30 to 35. 19 18. Section 640-- 20 relocate to Defamation Act 1889, in part 8, as section 36. 21

 


 

315 Criminal Code SCHEDULE 3 (continued) 19. Section 661(1), `indicted and'-- 1 omit. 2 20. Section 661(2), `Crown'-- 3 omit, insert-- 4 `prosecution'. 5 21. Section 661, as amended-- 6 relocate to Defamation Act 1889, in part 8, as section 37. 7 22. Chapter 66, heading-- 8 omit. 9 23. Section 667-- 10 relocate to Defamation Act 1889, in part 8, as section 38. 11 PART 2--AMENDMENT OF CERTAIN LAWS ABOUT 12 THE LEGISLATIVE ASSEMBLY 13 Division 1--Amendment of Legislative Assembly Act 1867 14 1. Heading before section 1-- 15 omit. 16

 


 

316 Criminal Code SCHEDULE 3 (continued) 2. Section 1-- 1 omit, insert-- 2 `PART 1--PRELIMINARY 3 `Short title 4 `1. This Act may be cited as the Legislative Assembly Act 1867. 5 `Definitions 6 `1AA. In this Act-- 7 "Assembly" means the Legislative Assembly of Queensland. 8 "election" means the election of any member of the Assembly. 9 3. Heading after section 1-- 10 omit, insert-- 11 `PART 2--COMPOSITION OF THE ASSEMBLY'. 12 4. Heading after section 1B-- 13 omit. 14 5. Heading before section 7-- 15 omit, insert-- 16 `PART 3--DISQUALIFICATION AND 17 RESIGNATION'. 18 6. After section 7-- 19 insert-- 20

 


 

317 Criminal Code SCHEDULE 3 (continued) `Disqualification for certain offences 1 `7AA. If a member of the Assembly is convicted of an offence against 2 the Criminal Code, chapter 5, part 3, division 1114 committed in relation to a 3 member or public officer, the member is not entitled to be elected, or to sit 4 or vote, as a member within 14 years after the day of conviction. 5 `(2) If a person is convicted of an offence against the Criminal Code, 6 section 196,115 committed in relation to an election, the person is not 7 entitled to be elected, or to sit or vote, as a member within 3 years after the 8 day of the conviction.'. 9 7. Heading before section 12-- 10 omit, insert-- 11 `PART 4--SPEAKER, QUORUM AND COMPETENCY 12 OF ASSEMBLY'. 13 8. After section 18-- 14 insert-- 15 `PART 5--OFFENCES AGAINST LEGISLATIVE 16 POWER'. 17 9. Section 37 and heading before section 37-- 18 omit. 19 114 Criminal Code, chapter 5 (Other public interest offences), part 3 (Bribery), division 1 (Bribery of agents, MLAs and public officers) 115 Criminal Code, section 196 (Unlawfully interfering with an election)

 


 

318 Criminal Code SCHEDULE 3 (continued) Division 2--Amendment of Criminal Code 1 1. Section 55(1), `Legislative"-- 2 omit. 3 2. Section 55(1), `misdemeanour"-- 4 omit, insert-- 5 `crime'. 6 3. Section 55(2)-- 7 omit. 8 4. Section 55, as amended-- 9 relocate to Legislative Assembly Act 1867, in part 5, as section 19. 10 5. Section 56(1), `Legislative"-- 11 omit. 12 6. Section 56(1), `misdemeanour"-- 13 omit, insert-- 14 `crime'. 15 7. Section 56(2)-- 16 omit. 17 8. Section 56, as amended-- 18 relocate to Legislative Assembly Act 1867, in part 5, as section 20. 19

 


 

319 Criminal Code SCHEDULE 3 (continued) 9. Section 56B-- 1 relocate to Legislative Assembly Act 1867, in part 5, as section 21. 2 10. Section 57(1), `Legislative"-- 3 omit. 4 11. Section 57(2) and (3)-- 5 omit. 6 12. Section 57, as amended-- 7 relocate to Legislative Assembly Act 1867, in part 5, as section 22. 8 13. Section 58, `Legislative'-- 9 omit. 10 14. Section 58, `misdemeanour'-- 11 omit, insert-- 12 `crime'. 13 15. Section 58, as amended-- 14 relocate to Legislative Assembly Act 1867, in part 5, as section 23. 15

 


 

320 Criminal Code SCHEDULE 3 (continued) PART 3--AMENDMENT OF CERTAIN LAWS ABOUT 1 THE GOVERNMENT OF QUEENSLAND 2 Division 1--Amendment of Constitution (Office of Governor) Act 1987 3 1. After section 13-- 4 insert-- 5 `PART 3--OFFENCES'. 6 Division 2--Amendment of Criminal Code 7 1. Section 54(1), `misdemeanour'-- 8 omit, insert-- 9 `crime'. 10 2. Section 54(2)-- 11 omit. 12 3. Section 54, as amended-- 13 relocate to Constitution (Office of Governor) Act 1987, in part 3, as 14 section 14. 15

 


 

321 Criminal Code CHEDULE 4 1 S EPEALED ACTS 2 R section 449 3 Corrective Services (Consequential Amendments) Act 1988 No. 88 4 Criminal Code Act 1899 63 Vic No. 9 5 Criminal Code Amendment Act 1922 13 Geo 5 No. 2 6 Criminal Code Amendment Act 1922 (No. 2) 13 Geo 5 No. 26 7 Criminal Code Amendment Act 1968 No. 44 8 Criminal Code and Another Act Amendment Act 1990 No. 93 9 Criminal Code and the Offenders Probation and Parole Act Amendment 10 Act 1971 No. 41 11 Criminal Law Amendment Act 1892 56 Vic No. 3 12 Criminal Law Amendment Act 1894 58 Vic No. 23 13 Criminal Law (Sexual Offences) Act 1978 No. 28 14 Drugs Misuse Act 1986 No. 36 15 Justices Act and the Criminal Code Amendment Act 1977 No. 13 16 17

 


 

322 Criminal Code CHEDULE 5 1 S ICTIONARY 2 D section 3 3 "accessory after the fact" to an offence see section 46. 4 "act" includes omission. 5 "address" means current place of residence. 6 "agent", for chapter 5, part 3, division 1,116 see section 257. 7 "aircraft"-- 8 1. An "aircraft" includes a machine, glider or apparatus designed to 9 fly by gaining support from the atmosphere. 10 2. It is immaterial whether the aircraft is incapable of use because of 11 a mechanical or other defect or because a part has been removed. 12 "analyst" means a person appointed by the Minister by gazette notice to be 13 an analyst. 14 "animal" includes any living creature other than a human being. 15 "appropriation" see section 157. 16 "arrangement", for chapter 5, part 6,117 see section 286. 17 "arrest without warrant" see section 304. 18 "assault" see section 113. 19 "at" a place includes in the place. 20 "attempt" to commit an offence see section 34. 21 "benefit" see section 176. 22 "boat" means any type of ship or other vessel used in navigation by water 23 116 Chapter 5 (Other public interest offences), part 3 (Bribery), division 1 (Bribery of agents, MLAs and public officers) 117 Chapter 5 (Other public interest offences), part 6 (Prostitution)

 


 

323 Criminal Code SCHEDULE 5 (continued) or for another purpose in water, and includes a ship or other vessel of 1 whatever size and however it is propelled or moved. 2 3 Examples-- 4 1. A barge, lighter or other floating vessel. 5 2. A hovercraft or other surface effect craft. 6 "bodily harm" means a bodily injury interfering with a person's health or 7 comfort. 8 "capacity", for chapter 5, part 6,118 see section 286. 9 "cause" means cause directly or indirectly. 10 "child" means a person under 18 years. 11 "circumstance of aggravation", for an offence, means a circumstance 12 making an offender liable to a greater punishment than if the offence 13 were committed without the circumstance. 14 "Code" means the Criminal Code. 15 "committal for trial" includes committal for sentence. 16 "community corrections centre" means a community corrections centre 17 under the Corrective Services Act 1988. 18 "consent"-- 19 1. "Consent" means consent freely and voluntarily given by a 20 person with the cognitive capacity to give the consent. 21 2. Without limiting subsection (1), consent is freely and voluntarily 22 given if it is not obtained-- 23 (a) by force, threat, intimidation or deception; or 24 (b) by exercise of authority. 25 "conspiracy" see section 38. 26 118 Chapter 5 (Other public interest offences), part 6 (Prostitution)

 


 

324 Criminal Code SCHEDULE 5 (continued) "control"-- 1 (a) for chapter 5, part 6119--see section 286; or 2 (b) for another provision--means direct or indirect control. 3 "controller", of a computer, see section 174. 4 "conviction" means a finding of guilt, or the acceptance of a plea of guilty, 5 by a court. 6 "corpse", for chapter 5, part 7, division 2,120 see section 297. 7 "correctional institution" means a community corrections centre, 8 detention centre or prison. 9 "count", for an indictment, see section 327(2). 10 "crime" see section 24. 11 "crime complaint" means-- 12 (a) a complaint under the Justices Act 1886 for an indictable offence; 13 or 14 (b) a charge of an indictable offence in any other form other than an 15 indictment. 16 "criminal offence" see section 23(2). 17 "criminally responsible" means liable to punishment for an offence. 18 "criminal practice rules" means the rules of court made under the 19 Supreme Court of Queensland Act 1991 about practice and procedure 20 in the criminal jurisdiction of the Supreme Court, other courts and 21 justices. 22 "damage", to property, see section 189. 23 "dangerous drug", see section 273. 24 "decide" includes hear and decide. 25 119 Chapter 5 (Other public interest offences), part 6 (Prostitution) 120 Chapter 5 (Other public interest offences), part 7 (Other offences), division 2 (Corpses)

 


 

325 Criminal Code SCHEDULE 5 (continued) "deprivation of liberty" see section 123. 1 "derived" means derived directly or indirectly. 2 "descendant" does not include-- 3 (a) for an Aborigine--a person who is a descendant merely because 4 of Aboriginal tradition; or 5 (b) for a Torres Strait Islander--a person who is a descendant merely 6 because of Island custom. 7 "destroy" animate property means kill. 8 "detention centre" means a detention centre under the Juvenile Justice Act 9 1992. 10 "detriment" see section 178. 11 "director", of a corporation, includes a member of the corporation's 12 governing body. 13 "doing" an act includes making an omission. 14 "drug dependent person" see section 274. 15 "drugs misuse offence" means an offence against chapter 5, part 5,121 or 16 an attempt or conspiracy to commit an offence against the part. 17 "dwelling house"-- 18 1. A "dwelling house" includes a building or other structure, or part 19 of a building or other structure, kept by the owner or occupier (the 20 "owner") as a residence for the owner, a member of the owner's 21 family or an employee of the owner. 22 2. In deciding whether a building or other structure is a dwelling 23 house, it is immaterial that the building or other structure is from 24 time to time uninhabited. 25 3. A building or other structure adjacent to, and occupied with, a 26 dwelling house is part of the dwelling house if it is connected to 27 the dwelling house, whether directly or by a covered and enclosed 28 121 Chapter 5 (Other public interest offences), part 5 (Drug misuse offences)

 


 

326 Criminal Code SCHEDULE 5 (continued) passage leading from the one to the other, but not otherwise. 1 "educational institution" means a preschool centre, primary school, 2 secondary school, or special school, (including a non-State school) 3 within the meaning of the Education (General Provisions) Act 1989 or 4 a similar institution, but does not include an educational institution only 5 conducting tertiary or adult education. 6 "employee" includes the following-- 7 (a) a person employed for any purpose as, or in the capacity of, an 8 employee; 9 (b) a person only employed temporarily; 10 (c) an employee who is also employed by anyone else; 11 (d) a person employed to collect, receive or pay money; 12 (e) a person employed as, or in the capacity of, a commission agent 13 to collect or pay money or in a similar capacity, even if the person 14 has no authority to receive money or other property on the 15 employer's account. 16 "enter" a boat or aircraft includes board the boat or aircraft. 17 "entity", for chapter 5, part 6,122 see section 286. 18 "explosive substance" includes a gas that could explode because of the 19 extent to which it is compressed. 20 "firearm" has the meaning given by the Weapons Act 1990. 21 "for" includes for the purpose of. 22 "forgery" see section 181. 23 "general manager", of a prison, has the meaning given by the Corrective 24 Services Act 1988. 25 "grievous bodily harm" means-- 26 (a) bodily injury of a nature-- 27 122 Chapter 5 (Other public interest offences), part 6 (Prostitution)

 


 

327 Criminal Code SCHEDULE 5 (continued) (i) endangering, or likely to endanger, life; or 1 (ii) causing, or likely to cause, permanent injury to health; or 2 (b) serious disfigurement. 3 "guilty intent"-- 4 (a) for chapter 2, part 3, division 2123--see section 125; or 5 (b) for chapter 2, part 3, division 3124--see section 130. 6 "in" high seas or waters, premises, a vehicle or other place includes on, or 7 at the place. 8 "indictable offence" see sections 24 and 27. 9 "indictment" see section 325(1). 10 "industrial dispute" has the meaning given by the Industrial Relations Act 11 1990. 12 "insert" includes insert to any extent. 13 "intellectual or psychiatric impairment", for a person, means a 14 disability-- 15 (a) attributable to intellectual, psychiatric, cognitive or neurological 16 impairment; and 17 (b) resulting in-- 18 (i) a substantial reduction of the person's capacity for 19 communication, social interaction or learning; and 20 (ii) the person needing support. 21 "judicial officer" includes an arbitrator or umpire, and a member of a 22 tribunal established under an Act to perform judicial functions or 23 judicial functions and other functions. 24 "judicial proceeding" includes a proceeding in which evidence may be 25 123 Chapter 2 (Personal offences), part 3 (Interfering with liberty), division 2 (Children and mental patients) 124 Chapter 2 (Personal offences), part 3 (Interfering with liberty), division 3 (Threats)

 


 

328 Criminal Code SCHEDULE 5 (continued) taken on oath. 1 "kidnapping" see section 121. 2 "kidnapping for ransom" see section 119. 3 "kill" see section 97. 4 "lawyer", of a person, includes a person who has the right to act as the 5 person's advocate. 6 "mine" includes part of a mine. 7 "MLA", for chapter 5, part 3, division 1,125 see section 257. 8 "money" includes bank notes, bank drafts, cheques, payment orders and 9 any other orders, warrants, authorities, or requests, for the payment of 10 money. 11 "motor vehicle"-- 12 1. A "motor vehicle" includes-- 13 (a) a machine or apparatus designed for propulsion completely 14 or partly by petrol, diesel, oil, LPG, or other motor spirit, oil 15 or gas, electricity, steam or other mechanical power; and 16 (b) a motorcycle; and 17 (c) a caravan, caravan trailer or other trailer designed to be 18 attached to a motor vehicle. 19 2. It is immaterial whether the motor vehicle is incapable of use 20 because of a mechanical or other defect or because a part has been 21 removed. 22 "murder" see section 94. 23 "needle" means a hypodermic syringe or needle. 24 "night" means the period between 9 p.m. and 6 a.m. 25 "obstruct" includes-- 26 125 Chapter 5 (Other public interest offences), part 3 (Bribery), division 1 (Bribery of agents, MLAs and public officers)

 


 

329 Criminal Code SCHEDULE 5 (continued) (a) in any case--hinder, resist and stop; and 1 (b) for the course of justice--pervert and defeat. 2 "obtain" land includes occupy land, or acquire the capacity to occupy land. 3 "offence" see section 22. 4 "operating" a vehicle includes being in charge of a vehicle. 5 "ordinary person" see section 85. 6 "owner" of property includes-- 7 (a) an association of persons that can own property; and 8 (b) for chapter 3, part 1126--see section 152. 9 "participate", for chapter 5, part 6,127 see section 286. 10 "party" to an offence see section 30. 11 "penis" includes a surgically constructed penis, whether provided for a 12 male or female. 13 "permitted" under a legal process or otherwise under the law includes 14 required under the process or law. 15 "person in charge", of a vehicle, includes the following-- 16 (a) for an aircraft--the pilot; 17 (b) for a boat--the master; 18 (c) for another vehicle--the driver. 19 "pharmacist" means a person registered as a pharmacist under the 20 Pharmacy Act 1976. 21 "place" includes-- 22 (a) premises; and 23 (b) vacant land; and 24 126 Chapter 3 (Property offences, dishonesty offences and associated offences), part 1 (Stealing, dishonest appropriation and associated offences) 127 Chapter 5 (Other public interest offences), part 6 (Prostitution)

 


 

330 Criminal Code SCHEDULE 5 (continued) (c) a place in Queensland waters; and 1 (d) a place held under 2 or more titles or owners. 2 "police officer", for chapter 5, part 3,128 includes a person mentioned in the 3 National Crime Authority Act 1984 (Cwlth), section 49 129 whose 4 services are made available to the National Crime Authority, but does 5 not include a special constable under the Police Service Administration 6 Act 1990. 7 "possess" a thing, for a person, includes have under control anywhere-- 8 (a) whether for the use or benefit of the person or of anyone else; and 9 (b) although anyone else has the actual possession or custody of the 10 thing. 11 "premises" includes-- 12 (a) a building or structure, or part of a building or structure, of any 13 type; and 14 (b) a group of buildings or structures, or part of a group of buildings 15 or structures, of any type; and 16 (c) the land or water where a building or structure, or a group of 17 buildings or structures is, situated; and 18 (d) a vehicle or caravan; and 19 (e) a tent or cave; and 20 (f) premises held under 2 or more titles or owners. 21 "prerogative of mercy" means the royal prerogative of mercy. 22 "prescribed person", for chapter 5, part 3, division 1,130 see section 257. 23 "prison" means a prison under the Corrective Services Act 1988. 24 128 Chapter 5 (Other public interest offences), part 5 (Drug misuse offences) 129 National Crime Authority Act 1984 (Cwlth), section 49 (Staff to be seconded to Authority) 130 Chapter 5 (Other public interest offences), part 3 (Bribery), division 1 (Bribery of agents, MLAs and public officers)

 


 

331 Criminal Code SCHEDULE 5 (continued) "property"-- 1 (a) for chapter 2, part 3, division 4131--see section 132(2); or 2 (b) for chapter 3, part 1132--see section 151. 3 "prostitution" see section 287. 4 "provocation" see section 84. 5 "public officer" means a person, other than a judicial officer-- 6 (a) discharging a duty imposed under an Act or of a public nature; or 7 (b) holding office under or employed by the State, whether or not for 8 remuneration; 9 and includes-- 10 (c) a person employed to execute any process of a court; and 11 (d) an officer of the public service; and 12 (e) a person holding an office under either of the following Acts-- 13 (i) the Police Service Administration Act 1990; 14 (ii) the Transport Infrastructure Act 1994; and 15 (f) a member, officer, or employee of an authority, board, 16 corporation, commission, local government, council, committee 17 or other similar body established for a public purpose under an 18 Act. 19 "punishment" includes-- 20 (a) a sentence within the meaning of the Penalties and Sentences Act 21 1992, section 4133; and 22 (b) a sentence order within the meaning of the Juvenile Justice Act 23 131 Chapter 2 (Personal offences), part 3 (Interfering with liberty), division 4 (Unlawful stalking) 132 Chapter 3 (Property offences, dishonesty offences and associated offences), part 1 (Stealing, dishonest appropriation and associated offences) 133 Penalties and Sentences Act 1992, section 4 (Definitions)

 


 

332 Criminal Code SCHEDULE 5 (continued) 1992, section 5.134 1 "reasonable" see section 83. 2 "record" means a thing or process-- 3 (a) on or by which information is recorded, stored or transported; or 4 (b) by means of which a meaning can be conveyed in a visible or 5 recoverable form; 6 even if the use or assistance of some electronic, electrical, mechanical, 7 chemical or other device or process is required to recover or convey 8 the information or meaning. 9 "regulatory offence" see section 26. 10 "restricted computer" see section 173. 11 "road" means-- 12 (a) an area of land dedicated to public use as a road; or 13 (b) an area that is open to or used by the public and is developed for, 14 or has as 1 of its main uses, the driving or riding of motor 15 vehicles; or 16 (c) a bridge, culvert, ferry, ford, tunnel or viaduct; or 17 (d) a pedestrian or bicycle path; or 18 (e) a part of an area, bridge, culvert, ferry, ford, tunnel, viaduct or 19 path mentioned in paragraphs (a) to (d). 20 "seditious intention" see section 193. 21 "serious disease" means a disease of a nature-- 22 (a) endangering, or likely to endanger, life; or 23 (b) causing, or likely to cause, permanent injury to health; or 24 (c) causing serious disfigurement. 25 "sexual act"-- 26 134 Penalties and Sentences Act 1992, section 5 (Definitions)

 


 

333 Criminal Code SCHEDULE 5 (continued) 1. A person engages in a "sexual act" if the person-- 1 (a) allows a sexual act to be done to the person's body; or 2 (b) does a sexual act to the person's own body or the body of 3 anyone else; or 4 (c) otherwise engages in an act of an indecent nature with 5 anyone else. 6 2. Item 1-- 7 (a) applies equally to males and females; and 8 (b) is not limited to sexual intercourse, or other acts involving 9 physical contact. 10 "sexual intercourse"-- 11 1. Sexual intercourse means vaginal intercourse or anal intercourse. 12 2. If a person's penis is inserted into anyone's vulva or vagina, each 13 person is taken to be having vaginal intercourse with the other. 14 3. If a person's penis is inserted into anyone's anus, each person is 15 taken to be having anal intercourse with the other. 16 4. Vaginal intercourse is complete on penile penetration of the vulva 17 or vagina. 18 5. Anal intercourse is complete on penile penetration of the anus. 19 "simple offence" see section 25. 20 "State law officer" means the Attorney-General or Director of Public 21 Prosecutions. 22 "stealing" see section 155. 23 "stop" includes prevent. 24 "structure" includes anything built or constructed, whether or not attached 25 to land. 26 "summary offence" see section 28. 27 "summary proceeding" see section 28. 28 "take" a person includes the following-- 29

 


 

334 Criminal Code SCHEDULE 5 (continued) (a) entice away; 1 (b) detain. 2 "to gain a benefit" see section 177. 3 "to cause a detriment" see section 179. 4 "trial" includes a proceeding in which a person is to be sentenced. 5 "tribunal" includes court, board, commission or committee. 6 "unlawful" damage to property see section 188. 7 "unlawful" means not authorised, justified or excused by law. 8 "unlawful stalking" see section 132. 9 "vagina" includes a surgically constructed vagina, whether provided for a 10 male or female. 11 "valuable security" includes a document that is a person's property, and is 12 evidence of the ownership of property or of the right to recover or 13 receive property. 14 "vehicle" means-- 15 (a) a motor vehicle, bicycle, aircraft, train, boat, water ski or surf 16 board; or 17 (b) anything else used or to be used to carry persons or goods from 18 place to place. 19 "violence"-- 20 (a) for chapter 5, part 2, division 1 135--see section 248; 21 (b) for chapter 5, part 2, division 2 136--see section 250. 22 "vulva" means the external female genitalia, that is, the 2 pairs of labia and 23 135 Chapter 5 (Other public interest offences), part 2 (Breaches of the peace), division 1 (Riot) 136 Chapter 5 (Other public interest offences), part 2 (Breaches of the peace), division 2 (Affray)

 


 

335 Criminal Code SCHEDULE 5 (continued) the cleft between them,137 and includes a surgically constructed vulva, 1 whether provided for a male or female. 2 "weapon" has the same meaning as in the Weapons Act 1990. 3 "wilfully" means deliberately or recklessly. 4 5 State of Queensland 1995 137 From the Macquarie Dictionary, second edition.

 


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