Criminal Code Act Compilation Act 1913 (WA)(CI)

296 Pages·2010·0.7 MB·English

TERRITORY OF CHRISTMAS ISLAND
Criminal Code Act Compilation Act
1913 (WA)(CI)
comprising the Criminal Code Act Compilation Act 1913, an Act of
Western Australia, in its application to the Territory as amended
and in force under section 8A of the
Christmas Island Act 1958
Act No. 28 of 1913 as amended
This compilation was prepared on 1 September 2010
taking into account amendments up to Act No. 21 of 2010
Appendix A Acts and Parts of Act Repealed
Appendix B The Criminal Code Act 1913
Schedule — The Criminal Code
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents

Page
Contents
1 Short title and commencement [see Note 1] 19
2 Repeal 20
3 Matters and things originated under repealed Acts
to enure for the purposes of the compiled Act 20
Appendix A
Appendix B
An Act to establish a Code of Criminal Law
1 Short Title [see Note 1] 22
2 Establishment of The Criminal Code 22
3 Construction of statutes, statutory rules, and other
instruments 22
4 Provisions of Code exclusive, with certain
exceptions 23
5 Civil remedies and saving 23
7 Contempt of court 24
Schedule The Criminal Code
Part I Introductory
Chapter I Interpretation
1 Definitions 25
2 Offence, definition of 32
3 Indictable offences, general provisions as to 32
4 Attempts to commit offences, definition of 32
5 Summary conviction penalty, meaning and effect 33
6 Carnal knowledge and carnal connection, meaning
of 35
Chapter II Parties to offence
7 Principal offenders 35
8 Offences committed in prosecution of common
purpose 36
9 Counselled offences, mode of execution
immaterial 36
10 Accessories after the fact 37

2 Criminal Code Act Compilation Act 1913 (WA)(CI)
Contents

Page
Chapter IIA Alternative offences
10A Conviction of alternative offence, when possible 37
10B Alternative offence, meaning and effect of 37
10C Conviction of alternative offence, consequences of 38
10D Charge of offence, alternative convictions of
attempt etc 38
10E Charge of attempt, alternative convictions on 39
10F Charge of conspiracy, alternative convictions on 39
10G Charge of procuring, alternative convictions on 39
10H Charge of attempting to procure, alternative
convictions on 40
10I Joined charges of receiving, verdicts on 41
Chapter III Application of criminal law
11 Effect of changes in law 41
12 Territorial application of the criminal law 41
13 Offences aided, counselled or procured by persons
out of Western Australia 42
14 Offences procured in Western Australia to be
committed out of Western Australia 42
15 Defence force not exempt from Code 42
17 Former conviction or acquittal a defence 43
Chapter V Criminal responsibility
22 Ignorance of law, bona fide claim of right 43
23 Intention and motive 43
23A Unwilled acts and omissions 43
23B Accident 44
24 Mistake of fact 44
25 Emergency 44
26 Presumption of sanity 45
27 Insanity 45
28 Intoxication 46
29 Immature age 46
30 Judicial officers 46
31 Lawful authority 46
32 Duress 47
34 Offences by partners and members of companies
with respect to partnership or corporate property 47
36 Application of Chapter V 48

Criminal Code Act Compilation Act 1913 (WA)(CI) 3
Contents

Page
Part II Offences against public order
Chapter VII Sedition
44 Seditious intention, definition of 49
45 Innocent intentions 49
46 Seditious enterprises etc definitions of 50
47 Unlawful oaths to commit crimes punishable with
strict security life imprisonment 50
48 Other unlawful oaths to commit offences 50
49 Compulsion, how far a defence 51
51 Unlawful military activities 52
52 Sedition 52
Chapter VIII Offences against the executive and legislative
power
54 Interference with Governor or Ministers 53
55 Interference with the legislature 53
56 Disturbing Parliament 53
57 False evidence before Parliament 54
58 Threatening witness before Parliament 54
59 Witnesses refusing to attend or give evidence
before Parliament 54
60 Member of Parliament receiving bribes 55
61 Bribery of member of Parliament 55
Chapter IX Unlawful assemblies: Breaches of the peace
62 Unlawful assembly, riot and riotously assembled,
definitions of 56
63 Taking part in an unlawful assembly 56
64 Unlawful assembly may be ordered to disperse 57
65 Taking part in a riot 57
66 Rioters may be ordered to disperse 57
67 Rioters causing damage 58
68A Provisions about lawful excuses under s. 68B,
68C, 68D and 68E 58
68B Being armed in or near place of public
entertainment 59
68C Being armed in public in company 59
68D Having ready access to both weapons and cash 60
68E Having ready access to both weapons and illegal
drugs 60

4 Criminal Code Act Compilation Act 1913 (WA)(CI)
Contents

Page
68 Being armed in a way that may cause fear 60
69 Forcibly entering land 61
70 Forcibly keeping possession of land 61
70A Trespass 61
70B Trespassers may be asked for name and address 62
71 Fighting in public causing fear 63
72 Challenge to fight a duel 63
73 Prize fight 63
74 Threatening violence 63
74A Disorderly behaviour in public 64
74B Causing fear or alarm to people in conveyances
and others 64
Chapter X Offences against political liberty
75 Interfering with political liberty 65
Chapter XI Racist harassment and incitement to racial
hatred
76 Definitions 65
77 Conduct intended to incite racial animosity or racist
harassment 66
78 Conduct likely to incite racial animosity or racist
harassment 66
79 Possession of material for dissemination with
intent to incite racial animosity or racist
harassment 66
80 Possession of material for dissemination if material
likely to incite racial animosity or racist harassment 67
80A Conduct intended to racially harass 67
80B Conduct likely to racially harass 67
80C Possession of material for display with intent to
racially harass 68
80D Possession of material for display if material likely
to racially harass 68
80E Conduct and private conduct 68
80F Belief as to existence or membership of racial
group 69
80G Defences 69
80H Consent to prosecutions 70
80I Meaning of circumstances of racial aggravation 70
80J Forfeiture of unlawful material 70

Criminal Code Act Compilation Act 1913 (WA)(CI) 5
Contents

Page
Part III Offences against the administration of
law and justice and against public
authority
Chapter XII Disclosing official secrets
81 Disclosing official secrets 71
Chapter XIII Corruption and abuse of office
82 Bribery of public officer 72
83 Corruption 72
84 Application of s. 121 to judicial corruption not
affected 73
85 Falsification of records by public officer 73
86 Administering extra judicial oaths 73
87 Impersonating a public officer 74
88 Bargaining for public office 74
Chapter XIV Offences at elections
93 Interpretation 75
94 Application of this Chapter 75
95 Liability for acts of others 75
96 Bribery 76
97 Undue influence 76
98 Electoral material, printing and publication of 77
99 False or defamatory statements or deceptive
material, publication of 78
100 Postal voting, offences in connection with 78
101 Polling place, offences at or near 79
102 Voting offences 80
103 Ballot paper and ballot box offences 80
104 Secrecy offences 81
105 Electoral officer, offences by 81
106 False statements in connection with an election 82
107 Evidentiary provision 82
Chapter XVI Offences relating to the administration of
justice
120 Judicial proceeding, definition of 83
121 Judicial corruption 83
122 Official corruption not judicial but relating to
offences 84

6 Criminal Code Act Compilation Act 1913 (WA)(CI)
Contents

Page
123 Corrupting or threatening jurors 84
124 Perjury 85
125 Penalty for perjury 85
127 False evidence before a Royal Commission 86
128 Threatening witness before Royal Commission etc 86
129 Fabricating evidence 86
130 Corruption of witnesses 86
131 Deceiving witnesses 87
132 Destroying evidence 87
133 Preventing witnesses from attending 87
133A Making false prosecution notice 88
134 Conspiracy to bring false accusation 88
135 Conspiring to defeat justice 88
136 Compounding or concealing offences 88
138 Advertising reward etc for stolen property 89
139 Justices acting when personally interested 89
141 Bringing fictitious action on penal statute 90
142 Inserting advertisement without authority of court 90
143 Attempting to pervert course of justice 90
Chapter XVII Escapes: Rescues: Obstructing officers of
courts
144 Forcibly freeing certain offenders from custody 90
145 Aiding a person to escape from lawful custody 90
146 Escaping from lawful custody 91
147 Permitting escape 91
148 Aiding an escapee 91
149 Rescuing, permitting escape of or concealing a
person subject to any law relating to mental
disorder 92
150 Removing etc property under lawful seizure 92
151 Obstructing officers of courts of justice 92
Chapter XX Miscellaneous offences against public
authority
169 False statements on oath 93
170 False information to officials etc 93
171 Creating false belief 94
172 Obstructing public officers 94
173 Refusal by public officer to perform duty 95
176 Neglect to aid in arresting offenders 95

Criminal Code Act Compilation Act 1913 (WA)(CI) 7
Contents

Page
177 Disobedience to statute law 95
178 Disobedience to lawful order issued by statutory
authority 95
Part IV Acts injurious to the public in general
Chapter XXII Offences against morality
181 Carnal knowledge of animal 97
186 Occupier or owner allowing certain persons to be
on premises for unlawful carnal knowledge 97
187 Facilitating sexual offences against children
outside Western Australia 98
190 Being involved with prostitution 98
191 Procuring person to be prostitute etc 99
192 Procuring person to have unlawful carnal
knowledge by threats, fraud, or administering
drugs 100
199 Abortion 100
202 Obscene acts in public 101
203 Indecent acts in public 102
204 Indecent act with intent to offend 102
204A Showing offensive material to children under 16 103
204B Using electronic communication to procure, or
expose to indecent matter, children under 16 104
205 Ignorance of age no defence 107
206 Supplying intoxicants to people likely to abuse
them 107
Chapter XXIII Misconduct relating to corpses
214 Misconduct with regard to corpses 107
215 Interfering with corpse to hinder inquiry 108
Chapter XXIV Miscellaneous offences
216 Selling graffiti implements to children 108
Chapter XXIV Child exploitation material
216 Terms used 109
217 Involving child in child exploitation 109
218 Production of child exploitation material 110
219 Distribution of child exploitation material 110
220 Possession of child exploitation material 110

8 Criminal Code Act Compilation Act 1913 (WA)(CI)
Contents

Page
221A Defences and exclusions for section 217, 218, 219
or 220 110
221B Forfeiture 112
Part V Offences against the person and
relating to parental rights and duties
and against the reputation of
individuals
Chapter XXVI Assaults and violence to the person
generally: Justification, excuse and
circumstances of aggravation
221 Circumstances of aggravation for offences in
this Part 113
222 Assault, definition of 113
223 Assaults unlawful 114
224 Execution of sentence 114
225 Execution of process 114
226 Execution of warrants 114
227 Erroneous sentence or process or warrant 115
228 Sentence or process or warrant without jurisdiction 115
229 Arrest of wrong person 115
230 Irregular process or warrant 116
231 Force used in executing process or in arrest 116
233 Preventing escape from arrest 117
235 Preventing escape or rescue after arrest 117
238 Suppression of riot 117
239 Riot may be suppressed by justices and police
officers 118
240 Suppression of riot by person acting under lawful
orders 118
241 Suppression of riot by person acting without order
in case of emergency 118
242 Suppression of riot by military personnel 118
243 Prevention of violence by mentally impaired person 119
244 Defence against home invasion 119
245 Provocation, meaning of 120
246 Defence of provocation 121
247 Prevention of repetition of insult 122
248 Self-defence 122
251 Defence of movable property against trespassers 123

Criminal Code Act Compilation Act 1913 (WA)(CI) 9
Contents

Page
252 Defence of movable property with claim of right 123
253 Defence of movable property without claim of right 123
254 Defence of property against trespassers: Removal
of disorderly persons 124
255 Defence of possession of a place with claim of
right 124
256 Exercise of right-of-way or easement 124
257 Discipline of children 125
258 Discipline on ship or aircraft 125
259 Surgical and medical treatment 125
259A Inoculation procedures 126
260 Excessive force 126
261 Consent to death immaterial 126
Chapter XXVII Duties relating to the preservation of human
life
262 Duty to provide necessaries 126
263 Duty of head of family 127
265 Duty of persons doing dangerous acts 127
266 Duty of persons in charge of dangerous things 127
267 Duty to do certain acts 128
Chapter XXVIII Homicide: Suicide: Concealment of birth
268 Killing of a human being unlawful 128
269 When a child becomes a human being 128
270 Kill, definition of 128
271 Death by acts done at childbirth 128
272 Causing death by threats 129
273 Acceleration of death 129
274 When injury or death might be prevented by proper
precaution 129
275 Injuries causing death in consequence of
subsequent treatment 129
277 Unlawful homicide 130
279 Murder 130
280 Manslaughter 131
281 Unlawful assault causing death 131
283 Attempt to murder 131
284 Culpable driving (other than of motor vehicle)
causing death or grievous bodily harm 132
288 Aiding suicide 132

10 Criminal Code Act Compilation Act 1913 (WA)(CI)