Criminal Code. (2.) Makes or is privy to making any false entry in any book, is guilty of a misdemeanour, and is liable to imprisonment with Mixing uncertified 527. WHEN a mark has been attached to any article, or a certificate has been given with respect to any article, under the with certified authority of any Statute, for the purpose of denoting the quality articles. of the article, or the fact that it has been examined or approved by or under the authority of some public body or public officer, any person who mixes with the article so marked or certified any other article which has not been so examined or approved, is guilty of a misdemeanour, and is liable to imprisonment with hard labour for three years. 528. ANY person who, with a view to compel any other person Intimidation or to abstain from doing or to do, any act which such other person has annoyance by a legal right to do or abstain from doing, wrongfully and without violence or otherlegal authority: (1.) Uses violence to, or threatens with violence, such other (2.) Persistently follows such other person from place to (3.) Hides any tools, clothes, or other property owned or used (4.) Watches or besets the house or other place where such or (5.) Follows such other person with two or more other persons in a disorderly manner in or through any street or road; is guilty of an offence, and is liable on summary conviction, or on indictment as hereinafter mentioned, to imprisonment with hard labour for three months, or to a fine of Twenty pounds. Attending at or near the house or place where a person resides, or carries on business, or happens to be, or the approach to such house, or place, in order merely to obtain or communicate information, is not watching or besetting within the meaning of the section. 529. wise. Person accused be ANY person charged before a Court of summary jurisdic- fore Court of sumtion under the last preceding section may, on appearing before mary jurisdiction may elect to be such tried on indictment Attempts to commit offences. Punishment of crimes. Criminal Code. such Court, declare that he objects to being tried for such offence by a Court of summary jurisdiction, and thereupon the Court may deal with the case in all respects as if the accused were charged with an indictable offence, and not with an offence punishable on summary conviction, and the offence may be prosecuted by indictment accordingly. PART VII. PREPARATION TO COMMIT OFFENCES: 530. ANY person who attempts to commit any indictable offence is guilty of an indictable offence, which, unless otherwise stated, is a misdemeanour. When a person who commits an indictable offence is punishable on summary conviction, a person who attempts to commit such an offence may also be summarily convicted. 531. ANY person who attempts to commit a crime of such a attempts to commit kind that a person convicted of it is liable to the punishment of death or of imprisonment with hard labour for a term of fourteen years or upwards, with or without any other punishment, is liable, if no other punishment is provided, to imprisonment with hard labour for seven years. Punishment of misdemeanours. Any person who attempts to commit a crime of any other kind is liable, if no other punishment is provided, to a punishment equal to one-half of the greatest punishment to which an offender convicted of the crime which he attempted to commit is liable. 532. ANY person who attempts to commit a misdemeanour attempts to commit is liable, if no other punishment is provided, to a punishment equal to one-half of the greatest punishment to which an offender convicted of the offence which he attempted to commit is liable. Reduction of punishment. Attempts to procure commission of criminal acts. 533. WHEN a person is convicted of attempting to commit an offence, if it is proved that he desisted of his own motion from the further prosecution of his intention, without its fulfilment being prevented by circumstances independent of his will, he is liable to one-half only of the punishment to which he would otherwise be liable. If that punishment is imprisonment with hard labour for life, the greatest punishment to which he is liable is imprisonment with hard labour for seven years. 534. ANY person who attempts to procure another to do any act or make any omission, whether in Western Australia or elsewhere, Criminal Code. where, of such a nature that, if the act were done or the omission were made, an offence would thereby be committed under the laws of Western Australia, or the laws in force in the place where the act or omission is proposed to be done or made, whether by himself or by that other person, is guilty of an offence of the same kind, and is liable to the same punishment as if he had himself attempted to do the same act or make the same omission in Western Australia Provided that if the act or omission is proposed to be done or made at a place not in Western Australia, the punishment cannot exceed that which he would have incurred under the laws in force where the act or omission was proposed to be done or made, if he had himself attempted to do the proposed act or make the proposed omission. Provided also, that in the last-mentioned case, a prosecution cannot be instituted except at the request of the Government of the State having jurisdiction in the place where the act or omission was proposed to be done or made. circumstances. 535. ANY person who makes, or knowingly has in his Making or possespossession or under his control, any explosive substance under such sion of explosives circumstances as to give rise to a reasonable suspicion that he is not under suspicious making it, or does not have it in his possession or under his control for a lawful object, unless he can show that he made it, or had it in his possession or under his control for a lawful purpose, is guilty of a crime, and is liable to imprisonment with hard labour for fourteen years, and forfeiture of the explosive substance. In this section "explosive substance" includes any materials for making any explosive substance; also any apparatus, machine, implement, or materials used or intended to be used or adapted for causing or aiding in causing any explosion in or with any explosive substance; also any part of any such apparatus, machine, or implement. For all purposes of and incidental to arrest, trial, and punishment, a crime for which a person is liable to be punished under this section when committed out of Western Australia, is deemed to have been committed in the place in which such person is apprehended or is in custody. CHAPTER LVII.-CONSPIRACY. commit crime 536. ANY person who conspires with another to commit any crime, or to do any act in any part of the world which, if done in Conspiracy to Western Australia, would be a crime, and which is an offence under the laws in force in the place where it is proposed to be done, is guilty of a crime, and is liable, if no other punishment is provided, to imprisonment with hard labour for seven years; or, if the greatest punishment Conspiracy to commit other offences. Other conspiracies. Conspiracy in trade disputes. Criminal Code. punishment to which a person convicted of the crime in question is liable, is less than imprisonment with hard labour for seven years, then to such lesser punishment. 537. ANY person who conspires with another to commit any offence which is not a crime, or to do any act in any part of the world which, if done in Western Australia, would be an offence, but not a crime, and which is an offence under the laws in force in the place where it is proposed to be done, is guilty of a misdemeanour, and is liable to imprisonment with hard labour for three years. 538. ANY person who conspires with another to effect any of the purposes following, that is to say: (1.) To prevent or defeat the execution or enforcement of any Statute law; (2.) To cause any injury to the person or reputation of any (3.) To prevent or obstruct the free and lawful disposition of (6.) To effect any unlawful purpose; or (7.) To effect any lawful purpose by any unlawful means; is guilty of a misdemeanour, and is liable to imprisonment with hard labour for three years. 539. AN agreement or combination by two or more persons to do or procure to be done any act in contemplation or futherance of a trade dispute between employers and workmen is not indictable as a conspiracy if such act committed by one person would not be punishable as a crime. Nothing in this section affects the law relating to riots, unlawful assembly, breach of the peace, or sedition, or any offence against the State or the Sovereign. A crime for the purpose of this section means an offence punishable on indictment, or an offence which is punishable on summary conviction, and for the commission of which the offender is liable to be imprisoned either absolutely or at the discretion of the Court as an alternative for some other punishment. When a person is convicted of any such agreement or combination as aforesaid to do or procure to be done any act which is Criminal Code. is punishable only on summary conviction and is sentenced to imprisonment, the imprisonment may not exceed three months with hard labour, or such longer time, if any, or may be prescribed by this code or by statute for the punishment of the said act when committed by one person. CHAPTER LVIII. ACCESSORIES AFTER THE FACT. 540. ANY person who becomes an accessory after the fact to a Accessories after crime, is guilty of a crime, and is liable, if no other punishment is the fact to crimes. provided, to imprisonment with hard labour for two years. Accessories after meanours and some other offences. 541. ANY person who becomes an accessory after the fact to a misdemeanour, or to any offence of such a nature that the offender the fact to misdemay be sentenced on summary conviction, to imprisonment with or without hard labour for one year, is guilty of a misdemeanour, and is liable to a punishment equal to one-half of the greatest punishment to which the principal offender is liable on conviction. If the principal offence is such that an offender is punishable on summary conviction, the accessory may also be summarily convicted. PART VIII.--PROCEDURE CHAPTER LIX.--ARREST. 542. WHEN an offence is such that the offender may be Arrest without arrested without warrant generally-- (a.) It is lawful for a police officer who believes, on reason- (b.) It is lawful for any person who is called upon to assist (c.) It is lawful for any person who finds another committing (d.) If the offence has been actually committed, it is lawful (e.) warrant generally. |