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Criminal Code.

A person under the age of fourteen years is not criminally responsible for an act or omission, unless it is proved that at the time of doing the act or making the omission he had capacity to know that he ought not to do the act or make the omission.

A male person under the age of fourteen years is presumed to be incapable of having carnal knowledge.

30. EXCEPT as expressly provided by this Code, a judicial officer is not criminally responsible for anything done or omitted to be done by him in the exercise of his judicial functions, although the act done is in excess of his judicial authority, or although he is bound to do the act omitted to be done.

31. A PERSON is not criminally responsible for an act or omission if he does or omits to do the act under any of the following circumstances, that is to say :

(1.) In execution of the law;

(2.) In obedience to the order of a competent authority which he is bound by law to obey, unless the order is manifestly unlawful;

(3.) When the act is reasonably necessary in order to resist actual and unlawful violence threatened to him, or to another person in his presence;

(4.) When he does or omits to do the act in order to save himself from immediate death or grievous bodily harm. threatened to be inflicted upon him by some person actually present and in a position to execute the threats, and believing himself to be unable otherwise to escape the carrying of the threats into execution;

But this protection does not extend to an act or omission which would constitute an offence punishable with death, or an offence of which grievous bodily harm to the person of another, or an intention to cause such harm, is an element, nor to a person who has, by entering into an unlawful association or conspiracy, rendered himself liable to have such threats made to him.

Whether an order is or is not manifestly unlawful is a question of law.

32. A MARRIED woman is not free from criminal responsibility for doing or omitting to do an act merely because the act or omission takes place in the presence of her husband

But

Criminal Code.

But a married woman is not criminally responsible for doing or omitting to do an act which she is actually compelled by her husband to do or omit to do, and which is done or omitted to be done in his presence, except in the case of an act or omission which would constitute an offence punishable with death, or an offence of which grievous bodily harm to the person of another, or an intention to cause such harm, is an element, in which case the presence of her husband is immaterial.

33. A HUSBAND and wife are not criminally responsible No conspiracy befor a conspiracy between themselves alone.

tween husband and wife alone.

Offences by partners

34. A PERSON who, being a member of a co-partnership, corporation, or joint stock company, does or omits to do any act and members of with respect to the property of the co-partnership, corporation, companies with or company, which, if he were not a member of the co-partnership, ship or corporate corporation, or company, would constitute an offence, is criminally property. responsible to the same extent as if he were not such member.

respect to partner

35. WHEN a husband and wife are living together, neither Liability of husband of them incurs any criminal responsibility for doing or omitting and wife for offences to do any act with respect to the property of the other, except in committed by either the case of an act or omission of which an intention to injure or other's property. with respect to the defraud some other person is an element, and except in the case of an act done by either of them when leaving or deserting, or when about to leave or desert, the other.

Subject to the foregoing provisions a husband and wife are, each of them, criminally responsible for any act done by him or her with respect to the property of the other, which would be an offence if they were not husband and wife, and to the same extent as if they were not husband and wife.

But neither of them can institute criminal proceedings against the other while they are living together.

Upon the prosecution of a husband on the complaint of his wife for an offence committed with respect to her property, and upon the prosecution of a wife on the complaint of her husband for an offence committed with respect to his property, the wife or husband, as the case may be, is a competent and compellable

witness.

66

In this section the term property," used with respect to a wife, means her separate property.

36. THE provisions of this chapter apply to all persons charged Application of with any offence against the Statute Law of Western Australia. rules.

PART

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(1.) Kills the Sovereign, or does Him any bodily harm, tending to His death, or maim or wounding, or imprisonment or restraint; or

(2.) Kills the eldest son and heir-apparent for the time being of the Sovereign, or the Queen Consort of the reigning King; or

(3.) Forms an intention to do any such act as aforesaid, and manifests such intention by any overt act; or

(4.) Conspires with any other person to kill the Sovereign or to do Him any bodily harm tending to His death, or maim or wounding, or imprisonment or restraint; or (5.) Levies war against the Sovereign—

(a.) With intent to depose the Sovereign from the style, honour, and royal name, of the Imperial Crown of the United Kingdom of Great Britain and Ireland, or of any other of His Majesty's dominions; or

(b.) In order by force or constraint to compel the Sovereign to change His measures or counsels, or in order to put any force or constraint upon, or in order to intimidate or overawe any House of Parliament of any of His Majesty's dominions :

or

(6.) Conspires with any other person to levy war against the Sovereign with any such intent or purpose as last aforesaid; or

(7.) Instigates any foreigner to make an armed invasion of any part of His Majesty's dominions; or

(8.) Assists by any means whatever any public enemy at war with the Sovereign; or

(9.) Violates, whether with her consent or not a Queen Consort, or the wife of the eldest son and heir-apparent for the time being of the Sovereign ;

is guilty of a crime which is called treason, and is liable to the punishment of death.

38.

Criminal Code.

38. ANY person who

(1.) Becomes an accessory after the fact to treason; or
(2.) Knowing that any person intends to commit treason,
does not give information thereof with all reasonable
despatch to a justice, or use other reasonable endeavours
to prevent the commission of the crime;

is guilty of a crime and is liable to imprisonment with hard labour
for life.

39. ANY person who forms an intention to effect any of the following purposes, that is to say :

(a.) To depose the Sovereign from the style, honour, and
royal name, of the Imperial Crown of the United King-
dom of Great Britain and Ireland, or of any other of
His Majesty's dominions; or

(b.) To levy war against the Sovereign within any part of
His dominions in order by force or constraint to compel
the Sovereign to change His measures or counsels, or in
order to put any force or constraint upon or in order to
intimidate or overawe any House of Parliament of any
of His Majesty's dominions; or

(c.) To instigate any foreigner to make an armed invasion of
any of His Majesty's dominions;

and manifests such intention by any overt act, is guilty of a crime,
and is liable to imprisonment with hard labour for life.

A person charged with any of the crimes defined in this section is not entitled to be acquitted on the ground that any act proved to have been committed by him constitutes the crime of treason; but a person who has been tried, and convicted or acquitted on a charge of any such crime, cannot be afterwards prosecuted for treason in respect of the same facts.

40. A PERSON cannot be tried for treason or for any of the crimes defined in the two last preceding sections unless the indict ment is presented within two years after the crime is committed:

Concealment of treason,

Time for proceeding in cases of treason or concealment of treason: Two wit

Nor can a person charged with treason or with any of such nesses necessary. crimes, be convicted, except on his own plea of guilty, or on the evidence in open Court of two witnesses at the least to one overt act of the kind of treason alleged, or the evidence of one witness to one overt act, and one other witness to another overt act of the same kind of treason.

This section does not apply to cases in which the overt act of treason alleged, is the killing of the Sovereign, or a direct attempt to endanger the life or injure the person of the Sovereign.

41.

Inciting to mutiny.

Assisting escape of prisoners of war.

Overt act.

Definition of sedi

tious intention.

Criminal Code.

41. ANY person who advisedly attempts to effect any of the following purposes, that is to say:-

(a.) To seduce any person serving in His Majesty's forces by sea or land from his duty and allegiance to His Majesty ;

or

(b.) To incite any such person to commit an act of mutiny or any traitorous or mutinous act; or

(c.) To incite any such persons to make or endeavour to make a mutinous assembly;

is guilty of a crime and is liable to imprisonment with hard labour for life.

A person who has been tried, and convicted or acquitted, on a charge of any of the crimes defined in this section cannot be afterwards prosecuted for any other crime defined in this chapter in respect of the same facts.

42. ANY person who

(1.) Knowingly and advisedly aids an alien enemy of His Majesty, being a prisoner of war, in Western Australia, whether such prisoner is confined in a prison or elsewhere or is suffered to be at large on his parole, to escape from his prison or place of confinement, or, if he is at large on his parole, to escape from Western Australia; or

(2.) Being a person who owes allegiance to His Majesty, after any such prisoner has escaped by sea from any part of His Majesty's dominions, knowingly and advisedly upon the high seas within the territorial waters of Western Australia aids him in his escape to or towards any other dominion or place;

is guilty of a crime and is liable to imprisonment with hard labour for life.

43. IN the case of any of the offences defined in this chapter, when the manifestation by an overt act of an intention to effect any purpose is an element of the offence, every act of conspiring with any person to effect that purpose, and every act done in furtherance of the purpose by any of the persons conspiring, is deemed to be an overt act manifesting the intention.

CHAPTER VII.-SEDITION.

44. AN intention to effect any of the following purposes, that is to say :

(a.) To bring the Sovereign into hatred or contempt;

(b.)

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