Criminal Code. (2.) A trade mark may be described by that name, and any (3.) It is not necessary to set forth the value of anything (4.) It is not necessary to set forth the means or instrument (5.) It is not necessary to set forth any particulars as to any 563. (1.) AN indictment for treason must state overt acts of the treason alleged. (2.) In an indictment for an offence which relates to taking or administering an oath or engagement, or to giving false testimony, or to making a false statement, or solemn declaration or otherwise, or to procuring the giving of false testimony or the making of a false statement, it is not necessary to set forth the words of the oath or engagement or testimony or statement, but it is sufficient to set forth the purport thereof, or so much of the purport as is material. (3.) In an indictment for an offence which relates to giving false testimony, or procuring or attempting to procure the giving of false testimony, it is not necessary to allege the jurisdiction of the Court or tribunal before which the false testimony was given, or intended or proposed to be given. (4.) In an indictment for an offence committed with respect to the Post and Telegraph Department, or to the revenue of that department, or to anything sent by post or telegraph, or to anything under the control of the Postmaster General, any property of which the ownership must be alleged, may be alleged to be the property of the Postmaster General; And in any such case the Postmaster General may be described by that term alone, without mentioning his name or using any other addition or description. (5.) In an indictment in which it is necessary to mention money, such money may be described simply as money, without specifying any particular form of money. Such an averment, so far as regards the description of the property, will be sustained by proof that the offender obtained or dealt with any coin or anything which is included in the term "money," or any portion of the value of either, in such a manner as Particular indictments. Criminal Code. as to constitute the offence, although such coin or thing was delivered to him in order that some part of the value thereof should be returned to the person who delivered the same or to some other person, and has been returned accordingly. 66 (6.) In an indictment in which it is necessary to mention any co-owners of property it is sufficient to name one of such persons, adding the words " and another " or " and others," as the case may be, and to state that the property belonged to the person so named and another or others, as the case may be. (7.) In an indictment against a man for an offence committed by him with respect to his wife's separate property, the property may be alleged to be the property of the wife. (8.) In an indictment for an offence relating to any property of a company which is authorised to sue and be sued in the name of a public officer, the property may be alleged to be the property of the public officer. (9.) In an indictment for an offence relating to any property which by any Statute is to be deemed to be the property of any officer of any institution, the property in question may be alleged to be the property of the officer of the institution for the time. being by his name of office. (10.) In an indictment for an offence relating to a testamentary instrument, it is not necessary to allege that the instrument is the property of any person. (11.) In an indictment for an offence relating to anything fixed in a square or street, or in a place dedicated to public use or ornament, or to anything in or taken from a public office, it is not necessary to allege that the thing in respect of which the offence is committed is the property of any person. (12.) In an indictment for an offence relating to a document which is evidence of title to land or an estate in land, the document may be described as being evidence of the title of the person or some one of the persons having an estate in the land to which the document relates, the land or some part thereof being described in some manner sufficient to identify it. (13.) In an indictment for stealing a chattel or fixture let to the offender, the chattel or fixture may be described as the property of the person who actually let it to hire. (14.) In an indictment against a person employed in the Public Service for an offence committed with respect to anything which came into his possession by virtue of his employment, the thing in question may be described as the property of His Majesty. (15.) In an indictment for an offence respecting any property, if it is uncertain to which of two or more persons the property belonged at the time when the offence was committed, the property may Criminal Code. may be described as being the property of one or other of such persons, naming each of them, but without specifying which of them; and the indictment will be sustained, so far as regards the allegation of ownership, upon proof that at the time when the offence was committed the property belonged to one or other of such persons without ascertaining which of them. (16.) In an indictment for the offence of obtaining or procuring the delivery of anything capable of being stolen by a false pretence and with intent to defraud, or of obtaining any property by means of a fraudulent trick or device, or of inducing by means of any such trick or device the payment or delivery of any money or goods, or of attempting to commit, or to procure the commission of any such offence, it is not necessary to mention the owner of the property in question. (17.) In an indictment for an offence which involves any fraud or fraudulent pretence or trick or device, it is not necessary to set forth the details of the fraud or pretence or trick or device. (18.) In an indictment for an offence relating to a bankrupt it is not necessary to set forth any debt, act of bankruptcy, adjudication, or other proceeding in any Court, or any order, warrant, or document, made or issued by or out of, or by the authority of any Court. 564. EXCEPT as hereinafter stated, an indictment must charge one offence only, and not two or more offences : Provided that when several distinct indictable offences are alleged to be constituted by the same acts or omissions, or by a series of acts done or omitted to be done in the prosecution of a single purpose, charges of such distinct offences may be joined in the same indictment against the same person.* In any such case the several statements of the offences may be made in the same form as in other cases, without any allegation of connection between the offences. But, if in any such case it appears to the Court that the accused person is likely to be prejudiced by such joinder, the Court may require the prosecutor to elect upon which of the several charges he will proceed, or may direct that the trial of the accused person upon each or any of the charges shall be had separately. This section does not authorise the joinder of a charge of wilful murder, murder, or manslaughter, with a charge of any other offence. Indictment to contain one matter of charge only. Cases in which 565. (1.) IN an indictment against a person for stealing money the accused person may be charged and proceeded against several charges may for the amount of a general deficiency, notwithstanding that such be joined. general Criminal Code. general deficiency is made up of any number of specific sums of money the taking of which extended over any space of time. (2.) In an indictment against a person for stealing, he may be charged with two or three distinct acts of stealing the property of the same person, committed by him within the space of six months from the first to the last of such acts. (3.) If, on the trial of a person charged with stealing, it appears that property alleged to have been stolen at one time was stolen at different times, the prosecutor is not by reason thereof, required to elect upon which act of stealing he will proceed, unless it appears that there were more than three acts of stealing, or that more than six months elapsed between the first and the last of such acts; In either of such last-mentioned cases, the prosecutor is to be required to elect to proceed in respect of two or three acts of stealing which appear to have taken place within the period of six months from the first to the last of such acts. (4.) Charges of stealing any property and of receiving the same property, or any part thereof, knowing it to have been stolen, may be joined in the same indictment, and the accused person may, according to the evidence, be convicted either of stealing the property or of receiving it, or any part of it, knowing it to have been stolen. When such an indictment is preferred against two or more persons, all or any of the accused persons may, according to the evidence, be convicted either of stealing the property, or of receiving it, or any part of it, knowing it to have been stolen ; or, according to the evidence, one or more of them may be convicted of stealing the property, and the other or others of them of receiving it, or any part of it, knowing it to have been stolen. (5.) Any number of persons charged with committing or with procuring the commission of the same offence, although at different times, or of being accessories after the fact, to the same offence, although at different times, and any number of persons charged with receiving, although at different times, any property which has been obtained by means of a crime or misdemeanour, or by means of an act which, if it had been done in Western Australia, would be a crime or misdemeanour, and which is an offence under the laws in force in the place where it was done, or any part of any property so obtained may be charged with substantive offences in the same indictment, and may be tried together, notwithstanding that the principal offender or the person who so obtained the property is not included in the same indictment, or is not amenable to justice. 566. Criminal Code. 566. A PERSON who counsels or procures another person to commit an offence, or who aids another person in committing an offence, or who becomes an accessory after the fact to an offence, may be charged in the same indictment with the principal offender, and may be tried with him or separately, or may be indicted and tried separately, whether the principal offender has or has not been convicted, or is or is not amenable to justice. Accessories. 567. IN an indictment for an offence charged to have been Statement of precommitted after a conviction for any offence, it is sufficient, after vious conviction. charging the subsequent offence, to state the substance and effect of the indictment or complaint, and the conviction, for the previous offence, and the time and place of such conviction. 568. AN indictment is not open to objection by reason of the designation of any person by a name of office or other descriptive appellation instead of by his proper name, nor for omitting to state the time at which the offence was committed, unless the time is an essential element of the offence, nor for stating imperfectly the time at which the offence was committed, nor for stating the offence to have been committed on an impossible day, or on a day that never happened or has not yet happened. Every objection to an indictment for any defect apparent on its face must be taken by motion to quash the indictment before the jury is sworn, and not afterwards; and the Court upon such motion may, unless it considers that the accused person will be prejudiced thereby in his defence, order the indictment to be amended, so far as is necessary, on such terms, if any, as to postponing the trial or otherwise as the Court may think reasonable. The indictment is thereupon to be amended in accordance with the order of the Court. Formal defects. Amendment of 569. IF, on the trial of a person charged with an indictable offence, there appears to be a variance between the indictment and indictments. the evidence, or it appears that any words that ought to have been inserted in the indictment have been omitted, or that any words that ought to have been omitted have been inserted, the Court shall unless it considers that the variance, omission, or insertion, is material to the merits of the case, and that the accused person will be prejudiced thereby in his defence on the merits, order the indictment to be amended, so far as it is necessary, on such terms, if any, as to postponing the trial, and directing it to be had before the same jury or another jury, as the Court may think reasonable. The indictment is thereupon to be amended in accordance with the order of the Court, When |