Criminal Code. tralia, he is, by such coming into Western Australia, But in any such case it is a defence to the charge to prove that the accused person did not intend that the act or omission should have effect in Western Australia. This section does not extend to a case in which the only material event that occurs in Western Australia is the death in Western Australia of a person whose death is caused by an act done or omitted to be done at a place not in Western Australia, and at a time when he was not in Western Australia. persons out of 13. ANY person who, having while out of Western Australia Offences procured procured another to do or omit to do in Western Australia an act or counselled by of such a nature that, if he had himself done the act or made the Western Australia. omission in Western Australia, he would have been guilty of an offence, afterwards comes into Western Australia, is by such coming into Western Australia guilty of an offence of the same kind, and is liable to the same punishment, as if he had himself done the act or made the omission in Western Australia. Any person who, having while out of Western Australia counselled or procured the commission of an offence which is actually committed in Western Australia, afterwards comes into Western Australia, is by such coming into Western Australia guilty of an offence of the same kind, and is liable to the same punishment, as if he had been in Western Australia when the offence was committed. to be committed 14. ANY person who, while in Western Australia, procures Offences procured in another to do an act or make an omission at a place not in Western Western Australia Australia of such a nature that, if he had himself done the act or out of Western made the omission in Western Australia, he would have been Australia. guilty of an offence, and that, if he had himself done the act or made the omission, he would have been guilty of an offence under the laws in force in the place where the act or omission is done or made, is guilty of an offence of the same kind, and is liable to the same punishment, as if the act had been done or the omission had been made in Western Australia, but so that the punishment does not exceed that which he would have incurred under the laws in force in the place where the act was done or the omission was made, if he had himself done the act or made the omission. A prosecution cannot be instituted under the provisions of this section, except at the request of the Government of the State having jurisdiction in the place where the act or omission occurs. 15. Criminal Code. Defence Force. Person not to be same offence. 15. OFFICERS and men of the Naval and Military Defence Force are subject to the special laws relating to that force, but are not exempt from the provisions of this Code. 16. A PERSON cannot be twice punished either under the twice punished for provisions of this Code or under the provisions of any other law for the same act or omission, except in the case where the act or omission is such that by means thereof he causes the death of another person, in which case he may be convicted of the offence of which he is guilty by reason of causing such death, notwithstanding that he has already been convicted of some other offence constituted by the act or omission. Former conviction or acquittal. Kinds of punishment. 17. IT is a defence to a charge of any offence to show that the accused person has already been tried, and convicted or acquitted upon an indictment on which he might have been convicted of the offence with which he is charged, or has already been acquitted upon indictment, or has already been convicted, of an offence of which he might be convicted upon the indictment or complaint on which he is charged. CHAPTER IV.-PUNISHMENTS. 18. THE punishments which may be inflicted under this Code are as follows: Death: Imprisonment with hard labour; Imprisonment without hard labour; Detention in an industrial or reformatory school ; Fine; Finding security to keep the peace and be of good behaviour. The punishment of whipping cannot be inflicted upon a female. 19. IN the construction of this Code it is to be taken that, visions of Code as to except when it is otherwise expressly provided,— Construction of pro punishments. (1.) A person liable to imprisonment, either with or without (2.) A person liable to imprisonment with hard labour may ceeding Criminal Code. ceeding Five hundred pounds in addition to, or instead of, such imprisonment; (4.) A person liable to a fine of any amount may be sentenced to pay a fine of any lesser amount; (5.) The punishment of whipping cannot be inflicted upon a person who is sentenced to imprisonment, with or without hard labour, for a longer term than two years; (6.) A person sentenced on conviction upon indictment to pay a fine may be sentenced to be imprisoned until the fine is paid, in addition to any other punishment to which he is sentenced; but so that the imprisonment. for non-payment of the fine shall not extend for a term longer than two years, and shall not, together with the fixed term of imprisonment, if any, extend for a term longer than the longest term for which he might be sentenced to be imprisoned without fine; (7.) A person convicted upon indictment of an offence not punishable with death may, instead of, or in addition to, any punishment to which he is liable, be ordered to enter into his own recognisance, with or without sureties, in such amount as the Court thinks fit, that he shall keep the peace and be of good behaviour for a time to be fixed by the Court, and may be ordered to be imprisoned until such recognisance, with sureties if so directed, is entered into; but so that the imprisonment for not entering into the recognisance shall not extend for a term longer than one year, and shall not, together with the fixed term of imprisonment, if any, extend for a term longer than the longest term for which he might be sentenced to be imprisoned without fine; (8.) A person convicted of any offence upon summary conviction may, instead of being sentenced to any punishment to which he is liable, be discharged upon his entering into his own recognisances, with or without sureties, in such amount as the justices think fit, that he shall keep the peace and be of good behaviour for a term not exceeding one year; (9.) When a person is convicted of any offence not punishable with death, the Court or justices may, instead of passing sentence, discharge the offender upon his entering into his own recognisance, with or without sureties, in such sum as the Court or justices may think fit, conditioned that he shall appear and receive judgment at some future sittings of the Court, or when called upon. 20. Calculation of terins of sentence: Cumu lative sentences: Escaped prisoners. Prerogative. Ignorance of law: Bona fide claim of right. Intention: Motive. Criminal Code. 20. WHEN a person who is convicted of an offence is undergoing, or has been sentenced to undergo, for another offence, a sentence involving deprivation of liberty, the punishment to be inflicted upon him for the first-mentioned offence may be directed to take effect from the expiration of the deprivation of liberty for the last-mentioned offence. Except as aforesaid, a sentence of imprisonment, with or without hard labour, upon a conviction on indictment takes effect from the first day of the Sittings of the Court at which the offender is convicted, and a sentence of imprisonment, with or without hard labour, upon a summary conviction takes effect from the commencement of the offender's custody under the sentence. A person who escapes from lawful custody while undergoing a sentence involving deprivation of liberty is liable upon recapture to undergo the punishment which he was undergoing at the time of his escape, for a term equal to that during which he was absent from prison, after the escape and before the expiration of the term of his original sentence, whether at the time of his recapture the term of that sentence has or has not expired. 21. NOTHING in this Code affects His Majesty's Royal Prerogative of Mercy. CHAPTER V.-CRIMINAL RESPONSIBILITY. 22. IGNORANCE of the law does not afford any excuse for an act or omission which would otherwise constitute an offence, unless knowledge of the law by the offender is expressly declared to be an element of the offence. But a person is not criminally responsible, as for an offence relating to property, for an act done or omitted to be done by him with respect to any property in the exercise of an honest claim of right and without intention to defraud. 23. SUBJECT to the express provisions of this Code relating to negligent acts and omissions, a person is not criminally responsible for an act or omission which occurs independently of the exercise of his will, or for an event which occurs by accident. Unless the intention to cause a particular result is expressly declared to be an element of the offence constituted, in whole or part, by an act or omission, the result intended to be caused by an act or omission is immaterial. Unless otherwise expressly declared, the motive by which a person is induced to do or omit to do an act, or to form an intention, is immaterial so far as regards criminal responsibility. 24. Criminal Code. 24. A PERSON who does or omits to do an act under an Mistake of fact honest and reasonable, but mistaken, belief in the existence of any state of things is not criminally responsible for the act or omission to any greater extent than if the real state of things had been such as he believed to exist. The operation of this rule may be excluded by the express or implied provisions of the law relating to the subject. 25. SUBJECT to the express provisions of this Code relating Extraordinary to acts done upon compulsion or provocation or in self-defence, emergencies. a person is not criminally responsible for an act or omission done or made under such circumstances of sudden or extraordinary emergency that an ordinary person possessing ordinary power of self-control could not reasonably be expected to act otherwise. 26. EVERY person is presumed to be of sound mind, and Presumption of to have been of sound mind at any time which comes in question, sanity. until the contrary is proved. 27. A PERSON is not criminally responsible for an act or Insanity. omission if at the time of doing the act or making the omission he is in such a state of mental disease or natural mental infirmity as to deprive him of capacity to understand what he is doing, or of capacity to control his actions, or of capacity to know that he ought not to do the act or make the omission. A person whose mind, at the time of his doing or omitting to do an act, is affected by delusions on some specific matter or matters, but who is not otherwise entitled to the benefit of the foregoing provisions of this section, is criminally responsible for the act or omission to the same extent as if the real state of things had been such as he was induced by the delusions to believe to exist. 28. THE provisions of the last preceding section apply to the Intoxication. case of a person whose mind is disordered by intoxication or stupefaction caused without intention on his part by drugs or intoxicating liquor, or by any other means. They do not apply to the case of a person who has intentionally caused himself to become intoxicated or stupefied, whether in order to afford excuse for the commission of an offence or not. When an intention to cause a specific result is an element of an offence, intoxication, whether complete or partial, and whether intentional or unintentional, may be regarded for the purpose of ascertaining whether such an intention in fact existed. 29. A PERSON under the age of seven years is not criminally Immature age. responsible for any act or omission. A |