Page images
PDF
EPUB

Evidence Amendment Act.-1925.

Section 2.

[blocks in formation]

Provisions elsewhere Enacted or the Subject Matter otherwise provided for and therefore

Reference to Act.

2 of 1852

24 of 1855-6 13 of 1866-7

8 of 1867

10 of 1869-70....
245 of 1882

435 of 1888 ....
1189 of 1915 ....

Repealed.

[merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

Adelaide: By authority, R. E. E. ROGERS, Government Printer, North Terrace.

[graphic][subsumed][subsumed][subsumed][subsumed][merged small][merged small][merged small][merged small]

An Act to further amend the Criminal Law Consolidation
Act, 1876, and for other purposes.

BE

[Assented to, October 22nd, 1925.]

E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as

follows:

1. (1) This Act may be cited as the "Criminal Law Amendment Short titles. Act, 1925."

(2) The Criminal Law Consolidation Acts, 1876 to 1917, and this Act may be cited together as the "Criminal Law Consolidation

Acts, 1876 to 1925."

(3) In this Act the Criminal Law Consolidation Act, 1876, No. 38 of 1876. is referred to as "the principal Act."

2. This Act is incorporated with the other Acts mentioned in Incorporation with section 1 of this Act, and those Acts and this Act shall be read as other Acts. one Act.

3. Section 54 of the principal Act is amended

8 54

(a) by inserting after the word "fine" in the seventh line Amendment of ibid.. thereof the words "not exceeding Twenty-five Pounds and such additional amount by way of compensation to Penalty for common the party aggrieved ";

(b) by striking out the passage "not exceeding together with
costs (if ordered) the sum of Five Pounds" in the eighth
and ninth lines thereof; and

(c) by striking out the word "costs" in the tenth line thereof
and inserting in lieu of that word the word "
tion "

[ocr errors]

compensa

4. Section

assault.

Amendment of ibid., 8. 66

Punishment for indecent assault.

Amendment of ibid., 8.71

Punishment for sodomy and bestiality.

Amendment of ibid., s. 77--

Punishment for bigamy.

Amendment of ibid., 8. 119

Placing poison to be taken by dogs and other animals.

Amendment of ibid.,

8. 178Breaking into

certain buildings

and committing
felony.

Cf. Eng. Larceny
Act, 1916, s. 27.

Amendment of ibid., 8. 179

Breaking into certain buildings with intent to commit felony. Cf. ibid.

Amendment of ibid., 8. 389

Punishment for conspiracy.

Amendment of ibid., 8.398

Provisions as to reserved questions of law.

Cf. Queensland
Criminal Code,

8. 671.

Criminal Law Amendment Act.-1925.

4. Section 66 of the principal Act (as enacted by section 3 of the Criminal Law Amendment Act, 1917) is amended by substituting the word "may" for the word "shall" in the last line thereof.

5. Section 71 of the principal Act is amended by striking out the the words "life or any term not less than" in the third line thereof and substituting the words "any term not exceeding ".

6. Section 77 of the principal Act is amended by inserting after the word "labor" in the fourth line thereof the following passage, "for a first offence and for any term not exceeding ten years, with hard labor, for a second or any subsequent offence".

[ocr errors]

7. Section 119 of the principal Act is amended by inserting after the word " purpose in the fifth line thereof the words "or shall unlawfully and maliciously place poison in such a position as to be easily partaken of by any such dog, bird, beast, or animal."

8. Section 178 of the principal Act is amended by inserting after the word "counting-house in the second line, and also after the same word in the fourth line, the following passage :-" or any office, store, garage, pavilion, factory, or workshop, or any building belonging to His Majesty, or to any Government Department, or to any municipal or other public authority ".

9. Section 179 of the principal Act is amended by inserting after the word "counting-house" in the fourth line thereof, the following passage or any office, store, garage, pavilion, factory, or workshop, or any building belonging to His Majesty, or to any Government Department, or to any municipal or other public authority

10. Section 389 of the principal Act is amended by striking out the passage "any conspiracy to cheat or defraud, or to extort money or goods, or falsely to accuse of any crime; or to obstruct, prevent, pervert, or defeat the course of public justice" in the sixth, seventh and eighth lines thereof, and by adding at the end of the section the following subsection:

(2) Whenever any person shall be convicted of any one of the offences hereinafter mentioned as a misdemeanor at common law, that is to say, any conspiracy to cheat or defraud, or to extort money or goods, or falsely to accuse of any crime; or to obstruct, prevent, pervert or defeat the course of public justice, it shall be lawful for the Court to sentence the offender to be imprisoned for any term not exceeding seven years, with hard labor.

11. Section 398 of the principal Act is hereby amended by adding at the end thereof the following proviso :

Provided that

1. no judgment shall be reversed, avoided, or arrested upon the ground of the improper admission of evidence, if it

appears

Criminal Law Amendment Act.-1925.

appears to the said Judges that the evidence was
merely of a formal character and not material, nor upon
the improper admission of evidence adduced for the
defence;

II. where any judgment has been reversed, avoided, or Cf. Victoria Crimes
arrested, the said Judges may order a new trial; and Act, 1915, 8. 471.

III. the said Judges may, notwithstanding that they are of
opinion that the question or questions so reserved
might be decided in favor of the person convicted,
affirm the judgment, if they consider that no sub-
stantial miscarriage of justice has actually occurred.

Cf. N.S.W., 16,
1912, s.6;
1913, s. 9;
K., 7,

Queensland, 23,

Edw. VII., c. 23,

8. 4.

Joinder of charges.
Cf. Eng. Indictments

Act, 1915, s. 4.

12. (1) Subject to the provisions of this Act, charges for more than one felony or for more than one misdemeanor, and charges for both felonies and misdemeanors, may be joined in the same information: Provided that those charges are founded on the same facts, thereunder. or form or are a part of a series of offences of the same or a similar character.

Cf. Rule 3

Act, 1915, s. 5 (3).

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

(3) This section shall not affect any provision of the Criminal Law Consolidation Act, 1876, or of any other Act permitting more than one charge to be joined in the same information.

13. The principal Act is amended in manner set out in the Amendment of Schedule to this Act.

14. (1) Any male person who, in public or in private,—

principal Act to abolish minimum penalties.

Penalty for act of gross indecency with

(a) commits any act of gross indecency with or in the presence gir under the age of of any girl under the age of sixteen years; or

sixteen years.

Of. Victoria, 3025,

(b) incites or procures or attempts to procure the commission 1919, s. 2.

by any such girl of any act of gross indecency with the
accused or in the presence of the accused or with any
other person in the presence of the accused; or

(c) is otherwise a party to the commission of any act of gross
indecency by or with or in the presence of any such girl
or by or with any other person in the presence of such
girl or by any such girl with any other person in the
presence of the accused--

shall be guilty of a misdemeanor and shall be liable for a first offence to imprisonment for any term not exceeding two years, with hard labor, and for a second or any subsequent offence to imprisonment for any term not exceeding three years, with hard labor.

Consent no defence.

Penalty for out-
rages on decency.
48 & 49 Vict.,
c. 69, s. 11.

Criminal Law Amendment Act.-1925.

(2) It shall be no defence to a charge for a misdemeanor under this section that the act of indecency was committed with the consent of such girl.

15. Any male person who, in public or in private, commits or is a party to the commission of or procures or attempts to procure the commission by any male person of any act of gross indecency with another male person shall be guilty of a misdemeanor and shall be liable to imprisonment for any term not exceeding three years, with hard labor.

In the name and on behalf of His Majesty, I hereby assent to
this Bill.
T. SLANEY POOLE, Administrator.

THE

H

« EelmineJätka »