Evidence Amendment Act.-1925. Section 2. Provisions elsewhere Enacted or the Subject Matter otherwise provided for and therefore Adelaide: By authority, R. E. E. ROGERS, Government Printer, North Terrace. An Act to further amend the Criminal Law Consolidation 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"; 66 (b) by striking out the passage not exceeding together with (c) by striking out the word "costs" in the tenth line thereof assault. Amendment of ibid., 8. 66 Punishment for indecent assault. Amendment of ibid., 8.71 Punishment for sodomy and bestiality. Amendment of ibid., 8. 77 Punishment for bigamy. Amendment of ibid., 8. 119 Placing poison to be taken by dogs and other animals. Amendment of ibid., 8. 178 Breaking into certain buildings Cf. Eng. Larceny 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 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". 66 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 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 II. where any judgment has been reversed, avoided, or Cf. Victoria Crimes 7 Edw. VII., c. 23, 8. 4. Act, 1915, s. 4. 12. (1) Subject to the provisions of this Act, charges for more Joinder of charges. than one felony or for more than one misdemeanor, and charges for Cf. Eng. Indictments 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,— (a) commits any act of gross indecency with or in the presence (b) incites or procures or attempts to procure the commission (c) is otherwise a party to the commission of any act of gross shall be guilty of a misdemeanor and shall be liable for a first offence principal Act to abolish minimum penalties. Penalty for act of gross indecency with gir under the age of sixteen years. 1919, s. 2. Consent no defence. Penalty for outrages 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 1 |