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Criminal Code.

Australia, committed offences against the laws of the Commonwealth of Australia or of the United Kingdom.


Civil remedies.


6. WHEN, by the Code, any act is declared to be lawful, no action can be brought in respect thereof.

Except as aforesaid, the provisions of this Act shall not affect any right of action which any person would have had against another if this Act had not been passed ; nor shall the omission from the Code of any penal provision in respect of any act or omission, which before the time of the coming into operation of the Code constituted an actionable wrong, affect any right of action in respect thereof.

Offender may be
prosecuted under
Code or other

7. WHEN an offender is punishable under the provisions of the Code, and also under the provisions of some other Statute, he may be prosecuted and convicted under the provisions either of the Code or of such other Statute; so that he is not twice punished for the same offence.

Contempt of Court.

8. NOTHING in this Act or in the Code shall affect the authority of Courts of Record to punish a person summarily for the offence commonly known as Contempt of Court”; but so that a person cannot be so punished, and also punished under the provisions of the Code for the same act or omission.

Printing of amend-

9. WHENEVER any amendment is made in the Code, all copies thereof printed by the Government Printer after the amendment shall be so printed as to set forth the actual provisions of the Code after omitting all repealed provisions or words, and embodying all newly enacted or substituted provisions or words.

General rules.

10. AT

AT any time after the passing of this Act the Judges of the Supreme Court, or a majority of them, may make general rules to take effect on the coming into operation of the Code, with respect to the several matters specified in the Code as matters with respect to which they may make general rules.

In the name and on behalf of the King I hereby assent to this Act.



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Effect of changes in law. 12. Application of Code as to offences wholly or partially committed in Western

Australia. 13. Offences procured or counselled by persons out of Western Australia. 14. Offences procured in Western Australia to be committed out of Western

15. Defence force.

Person not to be twice punished for same offence.
Former conviction or acquittal.

CHAPTER IV.-PUNISHMENTS, 18. Kinds of punishment. 19. Construction of provisions of Code as to punishments. 20. Calculation of term of sentence ; Cumulative sentences ; Escaped prisoners.

21. Prerogative.

CHAPTER V.-CRIMINAL RESPONSIBILITY. 22. Ignorance of law : Bona fide claim of right. 23. Intention : Motive. 24. Mistake of fact. 25. Extraordinary emergencies. 26. Presumption of sanity.

27. Insanity. 28. Intoxication. 29. Immature age.

30. Judicial officers.
32. Compulsion of husband.
33. No conspiracy between husband and wife alone.


Criminal Code.

34. Offences by partners and members of companies with respect to partnership

or corporate property. 35. Liability of husband and wife for offences committed by either with respect

to the other's property. 36. Application of rules.



AND AUTHORITY. 37. Treason. 38. Concealment of treason. 39. Treasonable crimes. 40. Time for proceeding in cases of treason or concealment of treason : Two wit

nesses necessary. 41. Inciting to mutiny. 42. Assisting escape of prisoners of war. 43. Overt act.

CHAPTER VII.- SEDITION. 44. Definition of seditious intention. 45. Innocent intentions. 46. Definition of seditious enterprises, etc. 47. Unlawful oaths to commit capital offences. 48. Other unlawful oaths to commit offences. 49. Compulsion, how far a defence. 50. Effect of prosecution. 51. Unlawful drilling. 52. Sedition. 53. Defamation of foreign princes.

CHAPTER VIII.-OFFENCES AGAINST THE EXECUTIVE AND LEGISLATIVE POWER. 54. Interference with Governor or Ministers. 55. Interference with the Legislature. 56. Disturbing the Legislature. 57. False evidence before Parliament. 58. Threatening witness before Parliament. 59. Witnesses refusing to attend or give evidence before Parliament or parlia

mentary committee. 60. Member of Parliament receiving bribes. 61. Bribery of Member of Parliament.

CHAPTER IX.-UNLAWFUL ASSEMBLIES : BREACHES OF THE PEACE. 62. Definitions. 63. Punishment of unlawful assembly. 64. Punishment of riot.

Rioters remaining after Proclamation ordering them to disperse.

Rioters demolishing buildings, etc. 67. Rioters injuring building, machinery, etc. 68. Going armed so as to cause fear. 69. Forcible entry. 70. Forcible detainer, 71. Affray. 72. Challenge to fight a duel. 73. Prize fight. 74. Threatening violence.


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CHAPTER XII.-DISCLOSING OFFICIAL SECRETS. 81. Disclosure of official secrets.

CHAPTER XIII.-CORRUPTION AND ABUSE OF OFFICE. 82. Official corruption. 83. Extortion by public officers. 84.

Public officers interested in contracts. 85. Officers charged with administration of property of a special character or

with special duties. 86.

False claims by officials. 87. Abuse of office. 88. Corruption of surveyor and valuator.

False certificates by public officers. 90. Administering extra-judicial oaths 91. False assumption of authority. 92. Personating public officers.

CHAPTER XIV.-CORRUPT AND IMPROPER PRACTICES AT ELECTIONS. 93. Definitions. 94. Personation. 95. Double voting. 96.

Recording excessive number of votes. 97. Treating 98. Undue influence. 99. Bribery. 100. Illegal practices. 101. Further penalty for corrupt practices. 102. Dlegal practices. 103. Other illegal practices. 104. Corrupt and illegal practices : Time.

Interference at elections. 106. Electors attempting to violate secrecy of ballot. 107. Other attempts of like kind. 108. Stuffing ballot-boxes. 109. Offences by presiding officers at elections.

answers to questions at elections. 111. Interfering with secrecy at elections. 112. Breaking seal of packets used at elections.

Offences at elections when voting is by post.

False claims.
Attesting claims, etc., without authority.

116. several such coins. 159. Offences after previous conviction. 160. Counterfeiting copper coin. 161. Uttering base copper coin.

110. False

113. 114. 115.

Criminal Code.

116. Acts of agents.
117. Liability for indirect acts.
118. Certificate of Returning Officer.

CHAPTER XV.-SELLING AND TRAFFICKING IN OFFICES. 119. Bargaining for offices in Public Service.

CHAPTER XVI.-OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE. 120. Definition of judicial proceeding. 121. Judicial corruption. 122. Official corruption not judicial but relating to offences. 123. Corrupting or threatening jurors. 124. Perjury. 125. Punishment of perjury. 126. Evidence on charge of perjury. 127. False evidence before a Royal Cominission. 128. Threatening witness before Royal Commission. 129. Fabricating evidence. 130. Corruption of witnesses. 131. Deceiving witnesses. 132. Destroying evidence. 133 Preventing witnesses from attending.

Conspiracy to bring false accusation, 135. Conspiring to defeat justice. 136. Compounding crimes. 137. Compounding penal actions. 138 Advertising a reward for the return of stolen property, etc. 139. Justices acting oppressively or when interested. 140. Delay to take person arrested before magistrate. 141. Bringing fictitious action on penal Statute. 142. Inserting advertisement without authority of Court. 143. Attempting to pervert justice.

CHAPTER XVII.- ESCAPES : RESCUES : OBSTRUCTING OFFICERS OF COURTS. 144. Forcibly rescuing capital offenders. 145. Aiding prisoners to escape. 146. Escape by prisoner. 147. Permitting escape. 148. Harbouring escaped prisoners. 149. Rescuing insane persons. 150. Removing, etc., property under lawful seizure. 151. Obstructing officers of Courts of justice.

CHAPTER XVIII.-OFFENCES RELATING TO THE Coin. 152. Definitions. 153. Counterfeiting gold and silver coin. 154. Preparation for coining gold and silver coin. 155. Clipping 156. Possession of clippings. 157. Uttering counterfeit gold or silver coin. 158. Repeated uttering of counterfeit current gold or silver coin, or possession of


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