Victoria

Acts 1958 No. 623 1

Crimes Act 1958

Reprinted 27 May 1987 incorporating amendments up to Act No. 127 of 1986

Crimes Act 1958 No. 6231 Reprint (No. 9) incorporating amendments up to Act No. 1271 1986 TABLE OF PROVISIONS Sect ion 1. Short title, commencement and division. 2. Repeals and savings. 2~.Definitions. PART I.-OFFENCES Division l-Offences Against the Person ( 1 ) Horn icide Punishment for murder. Unintentional killing in the course or furtherance of a crime of violence. (Repealed). Punishment of manslaughter. Offence of infanticide. Suicide no longer a crime. Survivor of suicide pact who kills deceased party is guilty of manslaughter. (Repealed). Petit treason. Provision for trial for murder or manslaughter in Victoria where death or cause of death only happens in Victoria.

( 1 .A) Treasonable Offences 9~.Treason. (2) Child Destruction 10. Offence of child destruction.

(3).-lets Done with Intent to Cornr~tit,&Iurder and.4ttempts to Adurder 1 1 - 14. (Repealed).

(4)Ofences against the Person Definitions. Causing serious injury intentionally. Causing serious injury recklessly. Causing injury intentionally or recklessly. Offence to administer certain substances. Threats to kill. Threats to inflict serious injury. Conduct endangering life. Conduct endangering persons. Negligently causing serious injury. Setting traps etc. to kill. Setting traps etc. to cause serious injury. Extortion with threat to kill. Extortion with threat to destroy property etc. 29. Using firearm to resist arrest etc. 30. Threatening injury to prevent arrest. 3 1. Assaults. Subdivision (5) Heading (Repealed). 32-3 5. (Repealed). %A, 35~. (Repealed). Subdivision (6) Heading (Repealed). 36, 36~.(Repealed). Subdivision (7) Heading (Repealed). 37-43. (Repealed).

(8) Sexual Assaults 44. Indecent assault. 45. Rape. 46. Aggravating circumstances.

(8~)Sexual Ofences against Young Persons 47. Act of sexual penetration with child under ten. 48. Act of sexual penetration with person aged between ten and sixteen. 49. Act of sexual penetration with person aged between sixteen and eighteen. 50. Gross indecency with person under sixteen.

(8~)Acts of Sexual Penetration with Intellectually Handicapped Persons 5 1. Act of sexual penetration with intellectually handicapped person.

(8c)Incest 52. Parent and child. 53. Coercion. (8~)Procuration, Abduction, &c. 54. Procuring persons by threats or fraud. 55. Administration of drugs etc. 56. Abduction and detent~on. 57. Abduction from possession of parent etc.

(8~)Unnatural Ofences 58. Bestiality. (8~)Prostitution, &c. 59. Procuration. 59~. Prohibition of advertisements for employment in brothels. 60. Householder permitting sexual penetration of young persons. 6 1. Unlawful detention for purposesc, of sexual penetration.

(8~)Abrogation of Obsolete Rules of La W 62. Abrogation of obsolete rules of law. (9) Child Stealing 63. Child stealing. (9~)Kidnapping 63~. Kidnapping. ( 10) Bigamy

64. Bigamy. *

C ( 1l) Abortion

65. Abortion. 66. Supplying or procuring anything to be employed in abortion.

I (12) Concealing the Birth of a Child

67. Concealing birth of a child. Subdivision ( l 3) Heading (Repealed). 68,69. (Repealed). Subdivision ( 14) Heading (Repealed). 70. (Repealed).

Division la-Piracy

70~. Piracy with violence. 708. Piratical acts. 70c. Trading etc. with pirates. 70~. Being found on board piratical vessel and unable to prove non-complicity.

Division 2-Theft and Similar or Associated Offences

7 1. Definitions. 72. Basic definition of theft. 73. Further explanation of theft.

Theji. Robberv, Burglary, &c.

Theft. Robbery. Armed robbery. Burglary. Aggravated burglary. Removal of articles from places open to the public. (Repealed). Unlawfully taking control of an aircraft.

Fraud and Blackmail

Obtaining property by deception. Obtaining financial advantage by deception. False accounting. Liability of company officers for certain offences by company. False statements by company directors, etc. Suppression etc. of documents. Blackmail. Ofences Relating to Goods Stolen, &c. 88. Handling stolen goods. 89. Advertising rewards for return of goods stolen or lost. 90. Scope of offences relating to stolen goods.

Possession of Housebreaking Implements, &c. 9 1. Going equipped for stealing, etc. 92. Search for stolen goods. 93. Procedure and evidence. 94. (Repealed). General and Consequential Provisions 95. Husband and wife. 96- 1 74. (Repealed).

Secret Commissions Prohibition Definitions. Receipt or solicitation of secret commission by an agent an indictable offence. Secret gifts to parent, wife, child, partner, etc. of agent deemed gifts to agent. Giving or receiving false or misleading receipt or account an indictable offence. Gift or receipt of secret commission in return for advice given. Secret commission to trustee in return for substituted appointment. Aiding and abetting offences within or outside Victoria. Liability of directors etc. acting without authority. (Repealed). Protection of witness giving answers criminating himself. Stay of proceedings against such witness. Custom of itself no defence.

Fraudulently Inducing Persons to Invest 1 87- 1 90. (Repealed). 1 9 1. Fraudulently inducing persons to invest money. 192. Evidence of financial position of company. 1 93. (Repealed).

Subdivision (21 ) 194, 1 95. (Repealed).

Division Mriminal Damage to Property ( 1 ) General Offences and Procedural Provisions 196. Definition. 1 97. Destroying or damaging property. 198. Threats to destroy or damage property. 199. Possessing anything with intent to destroy or damage property. 200. (Repealed). 20 1. Lawful excuse. 202. Jurisdiction of magistrates' courts. 203, 203~. (Repealed). Previous Subdivision (2) Heading (Repealed). 204,205. (Repealed). (2) Injuries to Buildings &c. by Rioters and Forcible Entries and Detainers 206. Rioters demolishing buildings. 207. Forcible entry. Previous Subdivision (4) Heading (Repealed). 208. (Repealed). Previous Subdivision (5) Heading (Repealed). 209, 2 10. (Repealed). Subdivision (6) Heading (Repealed). 2 1 1-2 19. (Repealed). Subdivision (7) Heading (Repealed). 220-222. (Repealed). Subdivision (8) Heading (Repealed). 223,224. (Repealed).

(3) Interference with Mines, Sea Banks &C.,Railways and Navigation Aids 225. Conveying water into a mine. 226. (Repealed). Subdivision (9) Hefiding (Repealed). 227. (Repealed). 228. Removing etc. piles of seabanks. Subdivision ( 10) Heading (Repealed). 229. (Repealed). Subdivision ( l l ) Heading (Repealed). 230, 23 1. (Repealed). Subdivision ( 12) Heading (Repealed). 232. Placing things on railways to obstruct or overturn engine etc. 233. Obstructing engine, carriage etc. on railway. 234,235. (Repealed). Subdivision ( 13) Heading (Repealed). 236. (Repealed). Subdivision ( 14) Heading (Repealed). 237,238. (Repealed). Subdivision (l5) Heading (Repealed). 239-243. (Repealed). 244. Altering signals or exhibiting false ones. 245. Removing buoy etc. 246. (Repealed). (4)Injuries to ..lircraft 246~. Endangering safe operation of an aircraft. 2468. Setting fire, etc., to aircraft. 246c. Endangering safety of aircraft. 246~. Dangerous goods on aircraft. 246~. Threats to safety of aircraft. Subdivision ( l SB) Heading (Repealed). 246~. (Repealed).

(5) False State~nents 247. False statements. Subdivision ( 16) Heading (Repealed). Previous 247 (Repealed). Subdivision (l 7) Heading (Repealed). 248. (Repealed). Subdivision ( 18) Heading (Repealed). 249. (Repealed). Subdivision (l9) Heading (Repealed). 250, 25 1. (Repealed).

Division 4-Forgery &c.

Definitions.

( 1) Forging Her Majesty's Seal and Other Seals

Forging seal of Her Majesty etc. Forging document bearing signature of Governor etc.

(2) Forging Municipal Seals and Petitions

Forgery of common seal of municipality. Forgery of petition or representation.

(3) Forging Transfers of St ocks &c.

Forging transfer of stock etc. Personating owners of stock. Forging name of witness to power of attorney.

(4) Forging Victorian Treasury Documents

Punishment for forgery of signature of Treasury documents.

(5) Forging Sramps of the United Kingdom &c.

Forging stamps of the United Kingdom.

(6) Forging Bank Notes, Making Plates &c. for Bank Notes &c.

Definitions. Forging bank notes. Receiving forged bank notes. Possession of certain instruments, paper etc. Engraving plate for making bank notes etc. Engraving for foreign notes.

(7) Forging Deeds Wills Bills of Exchange &c.

Forging deeds and certain leases. Forging wills. Forging bills of exchange etc. Forging orders receipts etc. Drawing bills etc. with intent to defraud. Forging debentures. (8) Forging Records Process Instruments of Evidence &c. Forging proceedings in courts of record. Forged or false certificates of record. Forging instruments of evidence. (9) Forging Registers of Deeds &c. Forging registry of deeds etc. Forging instruments etc. under Transfer of Land Act etc.

(10) Forging Orders &c. ofMagistratesJCourts or ofJustices Forging orders etc. of magistrates' courts orjustices.

(11) Forging Names &c. of0ficers of Courts &c. Forging names of officers of courts.

( 1 2) Falsely Acknowledging Recognisances &c. Falsely acknowledging bail etc. (I3) Forging Marriage Licences &c. Forging marriage licences etc. Transmitting false certificate.

(14) Falsrfying Entries of Births Deaths Marriages &c. Forging etc. registers of births etc.

(15) Demandrng Property on Forged Instruments Demanding property on forged instruments.

( 16) Supplementary Provisions Forging documents which in law are wills deeds bills etc. Forging foreign instruments. Possession defined. Punishments for other forgeries.

Division 5-Coinage Offences Definition of coin etc. Counterfeiting gold or silver coin. Colouring coin to pass as gold or silver. Impairing gold or silver coin. Possessing filings or clippings of gold or silver coin. Buying etc. counterfeit gold or silver coin. Importing or exporting counterfeit gold or silver coin. Uttering counterfeit gold or silver coin. Two utterings within 10 days. Possession of three or more counterfeit coins. Second or subsequent offence. Uttering foreign coins, medals etc. Counterfeiting and other offences relating to copper coin. Uttering counterfeit copper coin. Defacing coin. Tendering defaced coin. Counterfeiting foreign gold or silver coin. Importing foreign counterfeit coin. Uttering foreign counterfeit coin. Second and third offences. Counterfeiting other foreign coin. Possession of more than five pieces of counterfeit foreign coin. Making, etc. coining tools. Counterfeit coins do not have to be perfect.

Division 6-Perjury 314. Perjury. 3 15. All evidence material with respect to perjury.

Division 7-Unlawful Oaths 3 16. Unlawful oaths to commit treason, murder etc.

Division 8-Offences Connected with Explosive Substances

3 1 7. Offences connected with explosive substances.

Division 9-Driving Offences Connected with Motor Cars 3 18. Culpable driving causing death. 3 19, 320. (Repealed).

Division 10-Conspiracy 32 1. Conspiracy to commit an offence. 32 1 A. Agreements to commit offences outside Victoria. 32 1 B. As to consequences of acquittal of CO-conspirators. 32 1 c. Penalties for conspiracy. 32 1 D. Application of certain provisions. 32 1 E. Limitations on prosecution. 32 1 F. Abolition of certain offences of conspiracy at common law.

Division 1 l -Incitement 32 1 c;. Incitement. 32 1 H. Incitement to commit offences outside Victoria. 32 1 I. Penalties for incitement. 32 1 J. Application of certain provisions. 32 1 K. Limitations on prosecution. 32 1 L. Incitement at common law abolished.

Division 12-Attempts

32 1 M. Attempt. 32 1 N. Conduct constituting contempt. 32 10. Attempts to commit offence outside Victoria. 32 1 P. Penalties for attempt. 32 l Q. Limitations on prosecution. 32 1 R. Application of Division. 32 Is. Abolition of attempt at common law. 322. (Repealed). PART IA.-ABOLITION OF OBSOLETE OFFENCES 322~. Maintenance and certain other offences abolished. l PART IB.-ABOLITION OF HISTORICAL CLASSIFICATIONS 322~. Abolition of distinctions between felony and misdemeanour 322c. Nomenclature. 322~. Transitional provisions. 322s. Treason and misprision of treason not affected. 322~. Other enactments not affected.

Division l-Abettors, Accessories and Concealers of Offences ( l ) Abettors in Indictable Ofences 323. Abettors in indictable offences triable as principal offenders.

(2) Abettors in Oflences Punishable Summarily 324. Abettors in summary offences triable as principal offenders.

(3) Accessories 3 2 5. Accessories.

(4) Concealers of Ofences 326. Concealing offences for benefit. 327-332. (Repealed). Previous Subdivision (4) Heading (Repealed). 333. (Repealed). Subdivision (5) Heading (Repealed). 334. (Repealed). 335. No offences by child under 8.

Division 3-Criminal Liability of Married Persons 336. Marital coercion. 337. Misprision. 338. Accessory after the fact. 339. Conspiracy and incitement. 340-350. (Repealed).

PART 111.-PROCEDURE AND PUNISHMENT Division l-Pleading Procedure, Proof &c. ( 1 ) Mode of Prosecution

35 1. Mode of prosecution. 352. Prosecutors for the Queen. 353. Presentments. 354. Indictments. 3 5 5, 356. (Repealed). (2) Discharge without Prosecution

3 5 7. (Repealed). Subdivision (3) Heading (Repealed). 358. (Repealed).

(4)Change of Time or Place of Trial

359. Order for change of time or place of trial. 359~~.Supreme Court and County Court may determine summary offences. 359~. Time limit on certain prosecutions.

(5)Postponement of Trial

360. Order for postponement of trial.

(6) Removal ofAccused Persons to and from Prison

36 1. Removal of accused persons to and from prison. Subdivision (7) Heading (Repealed). 362. (Repealed).

(8) Joinder of Defendants in Certain Cases

363. Separate abettors or accessories may be tried together

(9)What Presentments Indictments and Instruments Shall Su#ice and Avail

364. Definition. 365. Provisions relating to presentments to apply to indictments, etc. 366. Rules as to.presentments. 367. Power ofjudges to vary etc. rules in Sixth Schedule. 368. Application of Supreme Court Act. 369. General provisions as to presentments. 370. No objections as to form. 37 1. Joinder of charges in the same presentment. 372. Orders for amendment of presentment, separate trial etc. 373. Other powers not affected. 374. Savings. 375. Omission of certain details not fatal to presentment etc. 376. Previous convictions may be added to presentment. 377, 378. (Repealed). 379. Description of property of Her Majesty in theft cases. 380. Property under management of body corporate to be property thereof. 38 1. Money or securities etc. may be described simply as money. 382. Presentment for stealing etc. documents of ti tle. 383, 384. (Repealed). ' 385. Value of sale etc. of counterfeit coin need not be stated. 386. Form of presentment or indictment for perjury etc. 387. Form of presentment or indictment for subornation of perjury etc. (10) Preliminary Objections Not to be Taken

388. No technical objections allowed.

(1 1) No Right to Traverse or Postpone

389. No person entitled to traverse or have time to plead.

(12) Trial, Arraignment, Plea &c:

Calendar of accused persons for trial; police to be present at courts. Entitlement to plead "Not Guilty". Plea of "Not Guilty" puts the accused on trial by jury; procedure where no evidence led. Judge may hear and determine question of law before jury is impanelled. Hearing dapplication for exclusion of evidence. Refusal to plead. Person on arraignment found to be insane. Form of plea of autrefois convict or autrefois acquit. Trial where accused has previous convictions. Not necessary to inquire into accused's lands etc.

(1 3) Defence

397. When and by whom prisoner's defence may be made.

( 14) Evidence. Depositions. Subpoenas and Wrrantsagainst Witnesses

398. Caution to be given to person charged. 398~. Procedure where perron charged chooses to give unsworn evidence. 399. The accused, husbands and wives as witnesses for the defence; evidence of character of accused. 399~. Alibi evidence. 3998. Provision relating to witnesses to alibis. 400. Wife or husband etc. of the accused to be competent and compellable witnesses. 401. Provision for simplifying proof of previous offences. 402. Previous convictions to be noted in new sentence. 403. (Repealed). 404. Proof of marriage on trial for bigamy. 405. Meaning of term "official record". 406. (Repealed). 407. Evidence in case of forged stamp. 408,408~. (Repealed). 409. No need to prove specific intent to defraud in trial relating to instruments. 4 10. Proof of lawful excuse. 4 1 1. Determination of age. 4 12. Prisoners entitled to inspect depositions on trial. 4 13. Depositions taken on one charge may be read in prosecution of others. 4 14. Subpoenas in criminal cases may be issued by sheriffs etc. 4 15. Issue of warrant when witness does not appear. (15) Amendments and Errors 4 1 6. Amendments in criminal proceedings.

(16) Summing Up 4 17. Rights of prosecution on trial before juries. 4 18. Procedure for evidence or unsworn statements by accused.

(18) View 419. View.

( 19) Verdicts. Insanity. Attempts, &c. 420. When person charged acquitted on the ground of insanity. 420~. Where person charged with unlawful publication of defamatory matter. 42 1 . Alternative verdicts on charge of murder. 422. Procedure where facts proved on trial disclose more serious offence. 423. Jury may acquit of indictable offence and convict of unlawfully wounding etc. 424. Alternative verdict on poisoning charge. 425. Alternative verdicts for certain charges of sexual offences. 426. (Repealed). 427. Alternative verdict for destroying property charges. 428-434. (Repealed). 435. Alternative verdict for charges relating to riots.

( 1 9~)Disposal of Other Pending Charges when Sentence is being Imposed 435~. (Repealed).

(20) Records afier Amendment 436. Records to be drawn up in amended form.

(2 1 ) Judgments 437. Judgment not to be reversed because juror not returned as a juror. 438. (Repealed). 439. Payment of fine forwarded to Prothonotary.

(22) Restitution of Property Stolen &c. 440-443. (Repealed). 443~. D.P.P. may give directions for release of property tendered in evidence.

(23) Procedure on Disagreement of Jury 444. Procedure on disagreement of jury.

(24) PO war to Commit for Perjury 445. Any court or judge may direct that a person be prosecuted for perjury.

(25) Crown Cases Reserved 446. Questions of law may be reserved. 447. Case to be stated. 448. Case may be sent back for amendment. Refusal of Court to reserve a question of law. Court to state case upon being served with order absolute. Director of Public Prosecutions may refer point of law to Full Court. (26) Costs Solicitor to make out and deliver bill. Court may summon solicitor etc. Scale of charges. (27) Court Fees Not Payable by Defendants Court fees not payable by defendants. (28) No Certiorari. Warrants Not Voidfor Ddects Presentments not to be removed by certiorari. (29)Actions Provisions as to action against persons acting in pursuance of Act. (30) Apprehension of Ofenders No person to be arrested without warrant except under this Act, etc. Person found committingoffences may be arrested without warrant by any person. Powers of member of police force to apprehend offenders. Entry and search of premises. Person arrested to be brought before justice. Arrest on reasonable grounds not to be taken to be unlawful. Definition of "finds committing". Use of force to prevent the commission of an indictable offence. (Repealed). Arrest of offenders on board aircraft. Prevention of suicide. (3 1) Search Warrantsfor and Seizure of Things (Repealed). Issue of search warrant by justice. Justice may issue warrant to search for gunpowder. Justice may issue warrant to search for materials etc. for forgery. Coin suspected to be counterfeit may be bent etc. by receiver. Seizure and disposition of counterfeit coin and coining tools. Seizure and destruction of documents containing libel. Power of persons to search aircraft. (32) Search Warrantsfor Women and Girls Power of search when female unlawfully detained for immoral purposes. (33) Orders as to Guardianship of Girls Custody of girls under sixteen on proof of seduction etc.

Division 2-Punishment ( 1 ) Sentencesfor Offences 472. Sentence for attempt. 47 3-476. (Repealed). 476~. (Repealed). 4760. Young person sentenced to life imprisonment. 47 7-479. (Repealed). 479~. Rescuing of prisoner from lawful custody. 479~. Aiding a prisoner in escaping.

(2) Summary Convictions. Penalties. Enforcement 480-484. (Repealed). (3) Execution of Sentences 485-492. (Repealed). 493. Sentences of imprisonment etc. to be carried out according to law relating to prisons etc. 494. (Repealed). (4) Commutation, Mitigation and Remission 495-497. (Repealed). 498. Provision for release subject to conditions including supervision. 499. Powers of Parole Board in respect of persons released subject to conditions. 500-502. (Repealed). 503. Regulations. Subdivision (5) Heading (Repealed). 504. (Repealed). (6)Royal Prerogative of Mercy 505. (Repealed).

Division 3-Regulations 505~. Regulations.

PART 1V.-PROBATION AND PAROLE PROVISIONS 506. Definitions. 507. Probation officers. 508, 509. (Repealed). (3) Discharge and Amendment of Orders 5 1 0-5 1 5. (Repealed). 5 15~. (Repealed). (4) Breach of Orders 5 16-5 19. (Repealed). 5 19~. (Repealed). (5)Eflect of Probation 520. (Repealed). Division 2 52 1 -54 1. (Repealed).

Division 3-Regulations 542. Regulations.

14 PART V.--PROPERTY OF PERSONS CONVICTED OF TREASON OR AN INDICTABLE OFFENCE. ORDERS AS TO COSTS 543,543~,544. (Repealed). 545. Persons convicted of treason or indictable offence may pay costs. 546. (Repealed). 547. Definition of "forfeiture" and "convict". 548. When convict shall cease to be subject to operation of this Part. 549-56 1. (Repealed). 562. Execution ofjudgments against convict provided for. 563. Proceedings to recover property of convict from third person. 564. Third person accountable to convict when property reverts. 565. Saving of general law as to indictable offence. PART V1.-APPEALS IN CRIMINAL CASES. REFERENCES ON PETITIONS FOR MERCY Division l-Interpretation 566. Definitions.

Division 2-Right of Appeal and Determination of Appeals Right of appeal in criminal cases. Appeal by Director of Public Prosecutions against sentence passed. Determination of appeals in ordinary cases. Powers of Court in special cases. Re-vesting and restitution of property on conviction. Appeals in relation to insanity verdicts. Provision applicable where appeals against insanity verdicts are allowed. Appeals in relation to fitness to plead. Definitions. Jurisdiction of Full Court. Division 3-Procedure Time and manner for appealing. Judges' notes and report to be furnished on appeal. Supplemental powers of Court. (Repealed). Right of appellant to be present. Appearance for prosecution. Cost of appeals. Admission of appellant to bail and custody when attending Court. Duties of prothonotary with respect to notices of appeal etc. Notes of evidence on trial. Powers which may be exercised by a judge ofthe Court. Registrar may give leave, etc. Rules of Court. Division 4--References on Petitions for Mercy 584. References by Attorney-General. SCHEDULES

FIRST SCHEDULE Repeals SECOND SCHEDULE (Repealed)

THIRD SCHEDULE Form of Presentment

FOURTH SCHEDULE Certificate from Attorney-General etc. Declining Presentment

FIFTH SCHEDULE Certificate of Discharge

SIXTH SCHEDULE Rules

SCHEDULES 7 AND 7~ (Repealed)

EIGHTH SCHEDULE Forms for use where other offences taken into account in sentencing

SCHEDULES 8~,9,10,11 (Repealed)

By Authority F D Alkinson Government Printer Melbourne [Reprinted as at 27 May 19871 No. 6231

CRIMES ACT 19 5 8

REPRINT (No. 9) incorporating amendments up to Act No. 12711 986

An Act to consolidate the Law Relating to Crimes and Criminal Offenders

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say) :

CRIMES ACT 1958 NO. 6231 AMI!NI)IN

S. 1. AM13NI)IiI) (as from 25/6/89) by S. 4 of 1989 No. 25. Omit all words after "(io~~crnmentGazette". S. 1. REIiI!It S. 3 (Schedule Item 42.1) of 1989 No. 57. To be amended but IFe amending rovision is not yet in force. Omit all words alter Gor~crnrnent !!;azerren . PLEASI! N,0'l3I!:- S 3 (Schedule !tern 42.1 of 1989 No. 57 endeavours to amend s. 1 by onllltlng all words after (ior,crnmenr Gazelle". 'I'hese words no longer appear in this section. [Reprinted as at 27 May 19871 No. 6231

CRIMES ACT 1 9 5 8

REPRINT (No. 9) incorporating amendments up to Act No. 127/ 1986

An Act to consolidate the Law Relating to Crimes and Criminal Offenders

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say) :

Short title, commencement and division.

1. This Act may be cited as the Crimes Act 1958' and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette, and-divided.iRteiRteP%ts- ss Divisions and Suedivisionsas fal1ows;-

.(l) Homicide ss. 3-9. ( 1 A) Treasonable Offences :E:',"; S. 9~. 9407 S 2 (c) (1) (2) Child Destruction S. 10. (3) Acts done with intent Division 1- to commit Murder and Part I.- Offences attempts to Murder Offences against the SS. 11-14. SS. 3-322. Person SS. 3-70. (4) Letters threatening to Murder S. 15. (5) Acts causing Danger to Life or Bodily Harm SS. 16-35. (6) Use of Firearms to resist Arrest S. 36. (7) Assaults ss. 37-43. 1958 Crimes No. 6231

Sub-div. (8) (8) Sexual Assaults substituted by No. 9509 S.3 (l) SS. 44-46. Sub-divs. (8~)Sexual Offences against (8A)-(8G) inserted by No. Young Persons 9509 S.3 (l). SS. 47-50. (8~)Acts of Sexual Penetra- tion with Intellectually Defective Persons S. 5 1. Division 1- Offences (8c) Incest ss. 52-53. Sub-div. (BD) (8~)Procuration, Abduc- amended by No. against the 9549 S. 2 (1). Person tion, &c. ss. 54-57. SS. 3-70. (8~)Unnatural Offences S. 58. (8~)Prostitution, &c. SS. 59-6 1. (8~)Abrogation of Obso- lete Rules of Law S. 62. (9) Child Stealing S. 63 Sub-div. (9A) (9~)Kidnapping S. 63~. lnsarted by No. 6731 S.2 (1). ( 10) Bigamy S. 64. (1 1) Attempts to procure Abortion ss. 65 and 66. Part 1.- (12) Concealing Birth of Offences Child S. 67. SS. 3-322. * * * Sub-divs. (13) and (14) repealed by No. 9509 S.3 (2). Div. lA inserted Division 1~-Piracy ss. 70~-70~. by No. 9407 S.2 I (C) (ii). Div. 2 amended by No. 6958 S. 8 Division 2-Theft and similar or associated (4) (a). Offences. substituted by No. 8425 S. 2 (1) (a). (1) General Offences and Procedural Provisions SS. 196-202. , (2) Injuries to Buildings &c. by Rioters and Forcible Entries and Div. 3 amended Division 3- Detainers ss. 206 and by Nos. 7088 S. 2 207. (g), 9155 S. 4 (c). Criminall Substituted by Damage to (3) Interference with No. 9228 S. 2 (1) Mines, Sea Banks &C., (a) (W. property SS.196-247. Railways and Navl - tion Aids ss. 225, 2p 8, 232,233,244 and 245. (4) Injuries to Aircraft SS. 246~-246~. (5) False Statements S. 247. 1958 Crimes No. 623 1 (1) Forging Her Majesty's Seals and other seals ss. 253 and 254. (2) Forging Municipal Seals and Petitions ss. 255 and 256. (3) Forging Transfers of Stock &c. ss. 257-259 (4) Forging Victorian Treasury Documents S. 260. (5) Forging stamps of the United Kingdom &c. S. 261. (6) Forging Bank Notes, Making Plates &c. for Bank Notes &c. SS. 262-267.

(89/J) 5816231 pp. 2 - 3

S. l. AMl'.NI)I!I) (as from 25/6/89) t~yS. 4 of 1989 No. 25. Omit all words alter "(iovcrnmcnl (iazetle". S. 1. RI{IjI?R S. 3 (Schedule Item 42.1) of 1989 No. 57. To i~eamended but t!ie amending ~ovisionis not yet in force. Ornit all words alter Go\,eriimenl ~azetre". PI.I?ASI! h9'1'1!:- S. 3 (Schedolc !tom 42.1 of 1989 No. 57 endeavours to amend S. l by on~itlingall words after (iovernmenf Ciazelte". These words no longer ub-dlr.(ro) mended by NO. appear in this section. 019 S. 2 (1).

( 1 1 ) Forging Names &c. of Officers of Courts &c. S. 280. ( 12) Falsely acknowledging Recognisances &c. S. 281. (13) Forging Marria e Licences &c. ss. 2i2 and 283. (14) Falsifying Entries of Births Deaths Mar- riages &c. s. 284. (15) Demanding Property on Forged Instruments S. 285. (16) Supplementa Provi- sions ss. 286-789. 1958 Crimes No. 6231 (1) Forging Her Majesty's Seals and other seals ss. 253 and 254. (2) Forging Municipal Seals and Petitions ss. 255 and 256. (3) Forging Transfers of Stock &c. ss. 257-259 (4) Forging Victorian Treasury Documents S. 260. (5) Forging stamps of the United Qngdom &c. S. 261. (6) Forging Bank Notes, Making Plates &c. for Bank Notes &c. SS. 262-267. (7) Forgin Deeds Wills Bills of~xchange &c. SS. 268-273. (8) Forging Records Pro- cess Instruments of Evidence &c. Division 4- ss. 274-276. Part 1.-Offences ' Forgery (9) Forgin Registers of ss. 3-322. ss. 252-289. Deeds kc. ss. 277 and 278. (10) Forging Orders &c. of Magistrates' Courts or 9019 S 2 (1) of Justices S. 279. (l l) Forging Names &c. of Officers of Courts &c. S. 280. (12) Falsely acknowledging Recognisances &c. S. 281. (13) Forging Licences &c.Marriaie ss. 2 2 and 283. (14) Falsifying Entries of Births Deaths Mar- riages &c. s. 284. (1 5) Demanding Property on Forged Instruments S. 285. ( 1 6) Supplementa Provi- L sons ss. 286-789. 4 1958 Crimes No. 6231

Division 5-Coinage Offences ss. 290-3 13. Division 6-Pe jury ss. 3 14 and 3 1 5. Division 7-Unlawful Oaths S. 3 16. Division 8-Offences connected with Explosive Part I.- Substances S. 3 17. DIV 9 amended by No 10079 Offences Division 9-Driving Offences connected with s 7 (1) (a). SS. 3-322. Motor Cars ss. 3 18-320. Lhv. 10 repealec 1 F. by No 9576 s l l Division l &Conspiracy ss. 32 1-32 (l).new Dtv. 10 inserted by No 10079 S. 7 (l)(b). Dvv l l Inserted Division l l -Incitement ss. 32 1G.-32 1 L. by No 10079s. 7 (1) (b). Pt. IA inserted by Part 1.4.-Abolition of Obsolete Offences S. 322~. No 7884 S. 2 (1).

IBlnsertedby Part IB.-Abolition of Historical Classifications ss. 3228-323~. No 9576 S. l1 (l). ' (I) Abettors in Indictable Dvision 1- Offences S. 323. Abettors, (2) Abettors in Offences Access- Punishable Summanly ories and S. 324. Part 11.- Concealers of Offenders offences (3) Accessories S. 325. SS. 323-350. SS. 323-326. (4) Concealers of offences L S. 326. Division 2-Presumption regarding Young Chil- dren S. 335.

hv.3 repealed 1 by No 8338 S. 2. Division 3-Criminal Liability of Married Per- new hv 3 sons ss. 336-339. Inserted by No. I 9073 S. 2 (C).

(1) Mode of Prosecution SS. 35 1-356. (2) Discharge without Prosecution S. 357. Subdn. (3) repeakd by NO nm S. 5 Part 111.-Pro- SUMN. (4) cedure- - . and.. -- Division 1- (4) Change of Time or amendedbyNO.10026 s 2(a) Punishment Pleading Pro- Place of Trial ss. 35 1-505~. cedure Proof SS. 359-359~. &c. (5) Postponement of Trial SS. 351-471. S. 360. Sub-diw. (6) amended by NO (6) Removal of Accused 8338 S. 7 (a) Persons to and from Prison S. 36 1. (7) Revocation of Bail S. 362. 1958 Crill~es No. 623 1

(8) Joinder of Defendants in certain cases S. 363. (9) What Presentments Indictments Informa- tions and Instruments shall suffice and avail SS. 364-387. (10) Preliminary Objec- tions not to be taken S. 388. (1 1) No Right to traverse or Postpone S. 389. ( 12) Trial Amugnment Plea &c. ss. 390-396. ( 1 3) Defence S. 397. (14) Evidence. Deposi- tions. Subpaenas and Warrants against Wit- nesses ss. 398-4 15. Division 1- Pleading Pro- (15) Amendments and Part 111.-Pro- cedure Proof Errors S. 4 16. cedure-. and 0.- /l A\ Ctlmmino iin c A1 7

S. 1. AMENDED (as from f516189) by S. 4 of 1989 No. 25. Omrt all words after Government Gazette'. S. 1. REPER S. 3 (Schedule Item 42.1) of 1989 No. 57. ;LJ~-UIV (19~1 To be amended but t?c amending rision is not yet in force. nserted by NO Omit all words after Government azetfc'. WOS 6 (31 PLEASE N,OTE:- S. 3 (Schedule !tcm 42.1 of 1989 No. 57 endeavours to amend S. 1 by omrttrng all words after Government Gazette'. These words no longer appcai in this -section. ment S. 436. (2 1) Judgments ss. 437439. (22) Restitution of Property stolen ss. 440-443. (23) Procedure on Dis- agreement of Jury S. 444. (24) Power to commit for Pejury S. 445. (25) Crown Cases reserved SS. 446-450. (26) Costs ss. 45 1-453. 1958 Cri111es No. 623 1

(8) Joinder of Defendants ~ in certain cases S. 363. (9) What Presentments Indictments Informa- tions and Instruments shall suffice and avail SS. 364-387. (10) Preliminary Objec- tions not to be taken S. 388. (1 1) No Right to traverse or Postpone S. 389. ( 1 2) Trial Arraignment Plea &c. ss. 390-396. ( 13) Defence S. 397. (14) Evidence. Deposi- tions. Subpaenas and Warrants against Wit- nesses ss. 398-4 1 5. Division 1 - Pleading Pro- (15) Amendments and Part 111.-Pro- cedure Proof Emrs S. 4 16. cedure and ( 16) Summing up S. 4 17. Punishment &c. SS.35 1-505~. SS.351-471. (1 7) Statements by Pris- oners S. 4 18. (18) View S. 419. (19) Verdicts. Insanity. Attempts. &c. ss. 420-435.

(19~)Disposal of other inserted by'lgA' NO pending chaves when 88-0 6 (3, sentence is being imposed S. 435.4. (20) Records aAer Amend- ment s. 436. (2 1) Judgments ss. 437439. (22) Restitution of Property stolen ss. 440-443. (23) Procedure on Dis- agreement of Jury S. 444. (24) Power to commit for Pe jury S. 445. (25) Crown Cases reserved SS. 446-450. (26) Costs ss. 45 1-453. 1958 Crimes No. 6231

(27) Court Fees not payable 1 by Defendant S. 454. (28) No Certiorari. War- rants not void for defects S. 455. Division 1- (29) Actions S. 456. Pleading Pro- cedure Proof (30) Apprehension of &c. Offenders ss. 457-463. SS.351-471. (31) Search Warrants for and Seizure of Things SS. 464-469. (32) Search Warrant for Women and Girls S. 470. (33) Orders as to Guardi- anship of Girls S. 47 l. Part 111.- b Procedure and sub-dtv.(1) Punishment (1) Sentences for Offences mended by Nos. SS. 35 1-505~. SS. 476-479. 8679 S. 3 (l)(a) (I). 10084 S. 15(a) (2) Summary Convic- (1). tions. Penalties. Enforcement ss. 480-484. Subdtv. (3) Division 2- (3) Execution of Sentences amended by No. Punishment ss. 493-494. 8679 S. 3 (l)(a) SS. 472-505. (i~). (4) Commutation Mitiga- tion and Remission SS.495-503. subdtv. (5) ***** repealed by No 10084 S. 15 (a) (6) Royal Prerogative of (10. Mercy S. 505.

Dtv. 3 inserted by No. 10026 S.2 Division 3- (b). Regulations S. 505~. / (I) Probation Officers S. 507.

1 1 (2). . Probation Orders Division I- ss. 508-509. Probation (3) Discharge and Amend- ss. 507-520 ment of Orders Pt. IV. amended Part IV.- by No. 8493 S. 33 ss. 510-515. (a) (1). Probation Pro- visions (4) Breach of Orders SS. 516-519. SS. 506-542. (5) Effect of Probation S. 520.

Div. 2 repealed by No. 8493 s. 33 (a) (11). 1958 Crimes No. 623 1 7

Part V.-Property of Persons Convicted of Treason or an Indictable Offence. Orders as to Costs ss. 543-565. (1).

I Part V1.- Division l -Interpretation S. 566. Appeals in Division 2-Right of Appeal and Determination Criminal Cases. of Appeals ss. 567-57 1. References on Petitions for Division 3-Procedure ss. 572-583. Mercy Division 4--References on Petitions for Mercy SS. 566-584. S. 584.

Repeals and savings.

2. (1) The Acts mentioned in the First Schedule to the extent ~irstschedule. thereby expressed to be repealed are hereby repealed accordingly.

(2) Except as in this Act expressly or by necessary implication provided- (a) all persons things and circumstances appointed or created by or under any of the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not L,-- #., ,,,,olaA.

(8911) 5816231 pp. 6 - 7 S. 1. AMENDED (as from ?5/6/89) by S. 4 of 1989 No. 25. Omlt all words after Governmcnt Gazette'. S. 1. REPER S. 3 (Schedule Item 42.1) of 1989 No. 57. To be amended but t?e amending rvision is not yet in force. Omit all words after Government azette". PLEASE NOTE- S. 3 (Schedule !tern 42.1 of 1989 No. 57 endeavours to amend S. 1 by omlttrng all words after Governmcnt Gazette'. These words no longer appear in this section. ..- .. .. Ss. (3) repealed by No. 8493 S. 33 (b). Definitions. 2~.(1) In this Act unless inconsistent with the context or ;:,2:&YP,9T subject-matter- amended by NO. 9509 S. 4 (a). "Aircraft" means every type of machine or structure used or intended to be used for navigation of the air. 1958 Crimes No. 6231 7

Part V.-Property of Persons Convicted of Treason or an Indictable ;;;~;;~~,, Offence. Orders as to Costs ss. 543-565. (1).

Part V1.- Division l -Interpretation S. 566. Appeals in Division 2-Right of Appeal and Determination Criminal Cases. of Appeals ss. 567-5 7 1. References on Petitions for Division 3Procedure ss. 572-583. Mercy I Division 4References on Petitions for Mercy SS. 566-584. 584.

Repeals and savings.

2. (1) The Acts mentioned in the First Schedule to the extent FlrstSchedule. thereby expressed to be repealed are hereby repealed accordingly. (2) Except as in this Act expressly or by necessary implication provided- (a) all persons things and circumstances appointed or created by or under any of the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed; (6) in particular and without affecting the generality of the foregoing paragraph, such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation rule order application determination decision validation offence disqualification warrant instrument presentment direction appointment action prosecution proceeding liability or right made effected issued granted committed given presented passed fixed accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act.

* * * * * * * Ss. (3) repealed by No. 0493 S. 33 (W. Definitions.

2~.(1) In this Act unless inconsistent with the context or subject-matter- ame~by NO. 9509 S. 4 (a). "Aircraft" means every tym of machine or structure used or intended to be used fd;navigation of the air. 8 1958 Crimes No. 6231

Defln~t~onof *"Brothel" means premises to which people of both sexes, or of Brothel Inserted by No either sex, resort for the purpose of prostitution. 9509 s 4 (b) Deflnlt~onof "Drug of addiction" means a drug of dependence within the Drug of addlct~on meaning of the Drugs, Poisons and Controlled Substances inserted by No 9509 s 4 Ib) Act 1981. substituted by No 9719s 135 Def~nlt~onof "Incite" includes command, request, propose, advise, encourage Incute Inserted by No 10079 s 8 or authorize. fa) Deflnttton of 3''M~torcar" has the same meaning as in section 3 of the Motor Motor car lnserted by No Car Act 1958. 8338 S 3 Defln~t~onof 4bbPr~~tit~te1'means a male or female prostitute and Prost~tute prostltutlon "prostitution" means prostitution of a male or female ~nsertedoy No 9509 S 4 (C) person. Deflnlt~onof "Rape" includes the introduction (to any extent) in circumstances Rape Inserted by No 9509 S 4 where the introduction of the penis ofa person into a vagina (Cl of another person would be rape, of- (a) the penis of a person into the anus or mouth of another person (whether male or female); or (b) an object (not being part of the body) manipulated by a person (whether male or female) into the vagina or anus of another person (whether male or female)- and in no case where rape is charged is it necessary to prove the emission of semen.

Ss (2) Inserted (2) For the purposes of this Act, an act of sexual penetration is- by No 9509 S 4 (a) the introduction (to any extent) of the penis of a person into the vagna, anus or mouth of another person of either sex, whether or not there is emission of seme'n; or (h) the introduction (to any extent) of an object (not being part of the body) manipulated by a person of either sex into the vagna or anus of another person of either sex, otherwise than as part of some generally accepted medical treatment.

(3) For the purposes of this Act, both- (a) a person who introduces his penis or an object into the vagina, anus or mouth of another person; and (6) the other person- shall be deemed to take part in an act of sexual penetration. 1958 Crimes No. 623 1

PART I.-OFFENCES Division l-Offences against the Person (1) Homicide

Punishment for murder.

3. Notwithstanding any rule of law to the contrary, a person Ei;;b;;;;d

convicted of murder is liable to imprisonment- S. 2,3711986 (a) for the term of his or her natural life; or S. 8. (b) for such other term as is fixed by the court- as the court determines.

Unintentional killing in the course or furtherance of a crime of violence.

3~.(1) A person who unintentionally causes the death of another ;:;;;r;;dby person by an act of violence done in the course or furtherance of a (1,5 - -c l.,hirh include violence for which a 5 '(89IJ) 5816231 pp. 8 - 9 E S. 2A(1 'Brot hel'. REP&-CD (as from 16/8/87) by S. 74(a) ol 1986 No. 124. 3 S. 2A(1 'Motor car'. REPEALED B SUBSTITUTED (as from 1/7/87) by S. 102 of 1986 No. 127 as f follows: - S "Motor vehicle' has the umc meaning as in the Safety 1986'. Rwd Act 1 S. 2A(1 'Prcwtitutc'. REPEAI.RD (as from 16/8/87) by r. 74(a) ol 1986 No. 124.

S. 2A. NO. 6103 S. 4. REFER S. 143 of 1989 NO. 51. S. 4 amended by To be amended but the amending provision is not yet in force. NO. 9576 S 11 Add ney secllon as follows:- (l),repealed by 2B. Offences under this Act art, unless the contrary intention appears, NO. 10079 S. 8 deemed to bc indictable olftnccs'. (W.

5. Whosoever is convicted of manslaughter shall be liable to No.6lo3s.5. imprisonment for a term of not more than fifteen years or to a fine in addition to or without any such other punishment as aforesaid.

Offence of infanticide.

6. (1) Where a woman by any wilful act or omission causes the No.6103~6. death of her child, being a child under the age of twelve months. but at ~~~~~~, the time of the act or omission the balance of her mind was disturbed (1). by reason of her not having fully recovered from the effect of giving birth to the child, or by reason of the effect of lactation consequent upon the birth of the child, then, notwithstanding that the circumstances were such that but for this section the offence would have amounted to 1958 Crimes No. 623 1

PART I.-OFFENCES Division l -Offences against the Person (1)Homicide

Punishment for murder.

3. Notwithstanding any rule of law to the contrary, a person Ei;zb?;;~d convicted of murder is liable to imprisonment- S. 2. 3711986 (a) for the term of his or her natural life; or S. 8. (b) for such other term as is fixed by the court- as the court determines.

Unintentional killing in the course or furtherance of a crime of violence.

3~.(1 ) A person who unintentionally causes the death of another ;d;;;y:;db~ person by an act of violence done in the course or furtherance of a (1)s. crime the necessary elements of which include violence for which a person upon first conviction may, under or by virtue of any enactment, be sentenced to life imprisonment or to imprisonment for a term of 10 years or more shall be liable to be convicted of murder as though he had killed that person intentionally. (2) The rule of law known as the felony-murder rule (whereby a person who unintentionally causes the death of another by an act of violence done in the course or furtherance of a felony of violence is liable to be convicted of murder as though he had killed that person intentionally) is hereby abrogated.

No. 6103 S. 4 S. 4 amended by No. 9576 s 11 (l),repealed by No. 10079 S. B (W. Punishment of manslaughter.

5. Whosoever is convicted of manslaughter shall be liable to No.6103s.5 imprisonment for a term of not more than fifteen years or to a fine in addition to or without any such other punishment as aforesaid.

Offence of infanticide.

6. (1) Where a woman by any wilful act or omission causes the No.61m~.6. death of her child, being a child under the age of twelve months, but at ~~:~'~~'~, the time of the act or omission the balance of her mind was disturbed (1). by reason of her not having fully recovered from the effect of giving birth to the child, or by reason of the effect of lactation consequent upon the birth of the child, then, notwithstanding that the circumstances were such that but for this section the offence would have amounted to 1958 Crimes No. 623 1

murder, she shall be guilty of the indictable offence of infanticide, and may for such offence be dealt with and punished as if she had been guilty of the offence of manslaughter of the child. (2) Where upon the trial of a woman for the murder of her child, being a child under the age of twelve months, the jury are satisfied that she by any wilful act or omission caused its death, but that at the time of the act or omission the balance of her mind was disturbed by reason of her not having fully recovered from the effect of giving birth to the child or by reason of the effect of lactation consequent upon the birth of the child, then the jury may, notwithstanding that the circumstances were such that but for the provisions of this section they might have returned a verdict of murder, return in lieu thereof a verdict of infanticide.

Ss.(3)amend* (3) Nothing in this Act shall affect the power of the jury upon a by No. S576 S. ll (1). charge of murder of a child to return a verdict of manslaughter, or a verdict of not guilty on the ground of insanity. Ss. (4) repealed * * rC * * a * by No. 9576 S. l l (1). Suicide no longer a crime.

S.6Aln-nedby 6~.The rule of law whereby it is a crime for a person to commit or No. 7546 S. 2. to attempt to commit suicide is hereby abrogated.

Survivor of suicide pact who kills deceased party is guilty of manslaughter.

S. 66 ~nsertedby 6~.(l) Where upon the trial of a person for the murder of another No. 7546 S. 2. person the jury are satisfied that the accused caused or was a party to causing the death of that other person by a wilful act or omission but are satisfied on the balance of probabilities that the act was done or the omission made in pursuance of a suicide pact then the jury shall, notwithstanding that the circumstances were such that but for the provisions of this section they might have returned a verdict of murder, return a verdict of manslaughter in lieu thereof.

Ss. (2) amended (2) Any person who- by No. 9576 S. 11 (1). (a) incites any other person to commit suicide and that other Para (a) person commits or attempts to commit suicide in amended by No. 10079s. 8(c). consequence thereof; or (b) aids or abets any other person in the commission of suicide or in an attempt to commit suicide- shall be guilty of an indictable offence and liable to be imprisoned for a term of not more than fourteen years; but if the jury are satisfied on the balance of probabilities that the acts constituting the offence were done pursuant to a suicide pact the jury shall return a verdict of guilty of the indictable offence of being a party to a suicide pact and the convicted person shall be liable to be imprisoned for a term of not more than five years. 1958 Crimes No. 623 1 (3) The fact that by virtue of this section any person who in pursuance of a suicide pact has killed another person has not been or is not liable to be convicted of murder shall not affect the question of whether the homicide amounted to murder in the case of a third person who is a party to the homicide and is not a party to the suicide pact. (4) For the purposes of this section "suicide pact" means an agreement between two or more persons having for its object the death of all of them whether or not each is to take his own life; but nothing done by a person who enters into a suicide pact shall be treated as done by him in pursuance of the pact unless it is done while he has the settled intention of dying in pursuance of the pact. * * * * * * * S. 7 repealed by No. 9576 S. ll Petit treason, (1).

8. Every offence which before the twenty-seventh day of June in No.6103s.8. the year of our Lord One thousand eight hundred and twenty-eight would have amounted to petit treason shall be deemed to be murder only; and all persons guilty in respect thereof whether as principals or as accessories shall be dealt with indicted tried and punished as principals and accessories in murder.

Provision for trial for murder or manslaughter in Victoria where death or cause of death only happens in Victoria.

9. Where any person being criminally stricken poisoned or No.6103s.9 otherwise hurt upon the sea or at any place out of Victoria dies of such ~~~~S~,by stroke poisoning or hurt in Victoria, or being criminally stricken (1). poisoned or otherwise hurt at any place in Victoria dies of such stroke poisoning or hurt upon the sea or at any place out of Victoria, every offence committed in respect of any such case, whether the same amounts to the offence of murder or of manslaughter or of being accessory to murder or manslaughter, may be dealt with inquired of tried determined and punished in Victoria in the same manner in all respects as if such offence had been wholly committed in Victoria.

(lA) Treasonable Oflences Sub-Heading (1A) inserted by Treason. NO. 9407 S. 2 (a).

9~.(I) A person who- (1351 -2) 25 Edward Ill. St. V., (a) kills the Sovereign, does the Sovereign any bodily harm 92i;;;i;6,!1: tending to the death or destruction of the Sovereign- or 111. (1708)7 Anne c. 21 S. 14. maims, wounds, imprisons or restrains the Sovereign; (1795) 36 George Ill. c. VII. (1817) 57 eeorge Ill. c. VI. ss. 1.4 and 5. S. 9A inserted by No. 9407 S. 2 (a). Ss. (l) amended by No. 3711 986 S. 9. 12 1958 Crimes No. 623 1

(b) kills the eldest son and heir apparent, or the Consort, of the Sovereign; (c) levies war, or does any act preparatory to levying war, against the Commonwealth of Australia; (d) assists by any means whatever, with intent to assist, an enemy at war with the Commonwealth of Australia, whether or not the existence of a state of war has been declared; (e) instigates a foreigner to make an armed invasion of the Commonwealth or any Temtory not forming part of the Commonwealth; or (f)forms an intention to do any act referred to in a preceding paragraph of this sub-section and manifests that intention by an overt act- shall be guilty of an indictable offence, called treason, and liable to imprisonment- Para (a) ~nserted (a) for the term of his or her natural life; or by No. 37/1986 S 9 Para (b) ~nserled (h) for such other term as is fixed by the court- by No 3711986 s 9 as the court determines.

(2) A person who- (a) receives or assists another person who is to his knowledge guilty of treason in order to enable him to escape punishment; or (h) knowing that a person intends to commit treason, does not give information thereof with all reasonable despatch to a constable or use other reasonable endeavours to prevent the commission of the offence- shall be guilty of an indictable offence. Penalty: Imprisonment for a term of not more than twenty years. (3) On the trial of a person charged with treason on the ground that he formed an intention to do an act referred to in paragraph (a), (b), (c), (d) or (C) of sub-section (1) of this section and manifested that intention by an overt act, evidence of the overt act shall not be admitted unless the overt act was alleged in the indictment. (2) Child Destruction6

Offence of child destruction.

NO 6103s 10 10. (1) Any person who, with intent to destroy the life of a child ,,,,,,Ss (l)amended,,,, ,, capable of being born alive. by any wilful act unlawfully causes such (1) child to die before it has an existence independent of its mother shall be guilty of the indictable offence of child destruction, and shall be 1958 Crimes No. 623 1

liable on conviction thereof to be imprisoned for a term of not more than twenty years. (2) For the purposes of this section evidence that a woman had at any material time been pregnant for a period of twenty-eight weeks or more shall be prima facie proof that she was at that time pregnant of a child capable of being born alive. (3) Where upon the trial of any person for the murder or manslaughter of any child or for infanticide or for any offence under (1). section sixty-five of this Act the jury are satisfied that the person charged is not guilty of murder manslaughter or infanticide or of any offence under the said section sixty-five (as the case may be) but are satisfied that he is guilty of the indictable offence of child destruction, the jury may find him guilty of that indictable offence and he shall be liable to punishment accordingly. (4) Where upon the trial of any person for the indictable offence of ;;t);;;;:yl child destruction the jury are satisfied that the person charged is not (1). guilty of that indictable offence but are satisfied that he is guilty of an offence under section sixty-five of this Act the jury may find him guilty of that offence and he shall be liable to punishment accordingly.

Ss. (5) repealed by No. 9576 S. l l (1). (3) Acts Done with Intent to Commit Murder and Attempts to Murder

No. 61 03 ss. 11-13. SS. 11-13 amended by No. (8911) 5816231 -pp. - 12 - 13 9576 S. 11 (I). repealed by No. PART 1 Division l(3). 10233 S. 8 (1). AMENIIED (as from 25/6/89) by S. 20 of 1989 No. 25. Om~tthe head~ng"(3) Acts Done with Intent to Commit Murder and Attempts No.6103~.14. to Murder". S. 14 amended by No. 9576 S. 11 PART 1 Division l(3). (1). repealed by REFER S. 3 (Schedule Item 42,2) of l989 No. 57. NO. 10233 S. 5.' To be amended but the amend~ngprovlslon is not yet in force. Omit the heading "(3) Acts Done w~thIntent to Commit Murder and Attempts to Murder".

PLMSI! NOTE:- S. 3 (Schedule Item 42.2) of 1989 Np. 57 endeavours to No. 6103 S. 15. amend PAR1' 1 Division 10) by omitting the head," (3) Acts Done with Intent to Conlrnrt Murder and Attempts to Murder". %hew words no longer ~~~~~:~ appear in this section. 15)ame~d bv NO. 9576 S. 11 (i),substituted by No. 10233 S. 8 (2). Definitions.

15. In this subdivision- bys. 15NO. substituted 10233 S. 8

"Injury" includes unconsciousness, hysteria, pain and any (2). substantial impairment of bodily function. b'Serious injury" includes a combination of injuries. 1958 Crimes No. 623 1 liable on conviction thereof to be imprisoned for a term of not more than twenty years. (2) For the purposes of this section evidence that a woman had at any material time been pregnant for a period of twenty-eight weeks or more shall be prima facie proof that she was at that time pregnant of a child capable of being born alive. (3) Where upon the trial of any person for the murder or ;;{~!~;;z~~l manslaughter of any child or for infanticide or for any offence under (1). section sixty-five of this Act the jury are satisfied that the person charged is not guilty of murder manslaughter or infanticide or of any offence under the said section sixty-five (as the case may be) but are satisfied that he is guilty of the indictable offence of child destruction, the jury may find him guilty of that indictable offence and he shall be liable to punishment accordingly. (4) Where upon the trial of any person for the indictable offence of child destruction the jury are satisfied that the person charged is not (1). guilty of that indictable offence but are satisfied that he is guilty of an offence under section sixty-five of this Act the jury may find him guilty of that offence and he shall be liable to punishment accordingly. * * * * * * * Ss. (5) repealed by No. 9576 S. l l (1). (3) Acts Done with Intent to Commit Murder and Attempts to Murder

No.6103 ss. 11-13. SS. 11-13 amended by No. 9576 S. l l (1). repealed by No. 10233 S. 8 (1).

No.6103 S. 14. S. 14 amended by No. 9576 S. l l (1 1. repeabd by No. 10233 S. 5.'

No.61 03 S. 15. (4) Oflences against the person Sub-Div. (4) (Heading and S. l 5) amended by No. 9576 S. 11 (1).substituted by No. 10233 S. 8 (2) Definitions.

15. In this subdivision- S. l 5 substituted by No. 10233 S. 8 "Injury" includes unconsciousness, hysteria, pain and any substantial impairment of bodily function. "!kious injury" includes a combination of injuries. 1958 Crimes No. 6231

Causing serious injury intentionally. s.16substitutd 16. A person who, without lawful excuse, intentionally causes by No. 10233 S. 8 (2). serious injury to another person is guilty of an indictable offence.

Penalty: Imprisonment for fifteen years.

Causing serious injury recklessly.

S. 17 substltutd 17. A person who, without lawful excuse, recklessly causes serious by No. 10233 S. 8 (2). injury to another person is guilty of a indictable offence.

Penalty: Imprisonment for ten years.

Causing injury intentionally or recklessly.

S. 18 substituted 18. A person who, without lad1excuse, intentionally or recklessly by No. 10233 S. 8 (2). causes injury to another person is guilty of an indictable offence. Penalty: Imprisonment for seven years.

Offence to administer certain substances.

S. 19 subsmuted 19. ( 1) A person who- by No. 10233 S. 8 (2). (a), . without lawful excuse, administers to or causes to be taken by another person any substance which is capable, and which the first-mentioned person knows is capable, in the circumstances, of interfering substantially with the bodily functions of the other person; and (b) knows that the other person has not consented to the administration or taking of the substance or is reckless as to whether or not the other person has so consented- is guilty of an indictable offence.

Penalty: Imprisonment for seven years.

(2) For the purposes of sub-section (1)- (a) a person is not to be taken to have consented to the administration or taking of a substance if, had the person known the likely consequences, the person would not be likely to have consented to the administration or taking; and (b) a substance shall be taken to interfere substantially with bodily functions if the substance is capable of inducing unconsciousness or sleep. 1958 Crimes No. 6231

Threats to kill. 20. A person who, without lawful excuse, makes to another person ;;;?;E&",", a threat to kill that other person or any other person- (2). (a) intending that that other person would fear the threat would be carried out; or (b) being reckless as to whether or not that other person would fear the threat would be carried out- is guilty of an indictable offence. Penalty: Imprisonment for fifteen years.

Threats to inflict serious injury. 21. A person who, without lawful excuse, makes to another person ;;;C;J~F~ a threat to inflict serious injury on that other person or any other (2). person- (a) intending that that other person would fear the threat would be carried out; or (b) being reckless as to whether or not that other person would fear the threat would be carried out- is guilty of an indictable offence. Penalty: Imprisonment for five years.

Conduct endangering life. 22. A person who, without lawful excuse, recklessly engages in ;i~;~&~~a conduct that places or may place another person in danger of death is (2). guilty of an indictable offence. Penalty: Imprisonment for ten years.

Conduct endangering persons. 23. A person who, without lawful excuse, recklessly engages in Ei;N3g;EE8 conduct that places or may place another person in danger of serious (2). injury is guilty of an indictable offence. Penalty: Imprisonment for seven years.

Negligently causing serious injury. 24. A person who by negligently doing or omitting to do an act EiCc;~g;5 causes serious injury to another person is guilty of an indictable offence. (2). Penalty: Imprisonment for three years. 1958 Crimes No. 623 1

Setting traps etc. to kill.

s.25substltuted 25. A person who sets a trap or device with the intention of killing by No. 10233 S. 8 (2). another person (whether a trespasser or not) or being reckless as to whether or not another person (whether a trespasser or not) is killed is guilty of an indictable offence. Penalty: Imprisonment for fifteen years.

Setting traps etc. to cause serious injury. s.26substltuted 26. A person who sets a trap or device with the intention of causing, by No. 10233 S. 8 (2) or being reckless as to whether or not there is caused, serious injury to another person (whether a trespasser or not) is guilty of an indictable offence. Penalty: Imprisonment for ten years.

Extortion with threat to kill.

S. 27 subst~tuted 27. A person who makes a demand of another person- by No. 10233 S.8 (2). (a) with a threat to kill or inflict injury on a person (other than the offender or an accomplice of the offender); or (b) with a threat in circumstances where, if the threat were camed out, the life of a person (other than the offender or an accomplice of the offender) would be endangered- is guilty of an indictable offence. Penalty: Imprisonment for fifteen years.

Extortion with threat to destroy property etc.

2*substttutd 28. A person who makes a demand of another person with a threat by No 10233 S. 8 (2). to destroy, or endanger the safety of, a building, structure in the nature of a building, bridge, mine, aircraft, vessel, motor vehicle, railway engine or railway carriage is guilty of an indictable offence. Penalty: Imprisonment for ten years.

Using firearm to resist arrest etc. s.29substltut* 29. (1) A by No. 10233 s 8 person who makes or attempts to make any use of a (2) firearm or imitation firearm with intent to resist or prevent the lawful apprehension or detention of himself or herself or any other person is guilty of an indictable offence. Penalty: Imprisonment for fourteen years. (2) A person who commits an offence aganst sub-section (1) in respect of the lawful apprehension or detention of himself or herself for 1958 Crimes No. 6231

any other offence committed by him or her is liable to the penalty provided by that sub-section in addition to any penalty to which he or she may be liable for that other offence. (3) In this section- (a) "Firearm" means a firearm within the meaning of section 3 of the Firearms Act 1958, a smooth bore shot-gun or a prohibited weapon within the meaning of that Act; and (b) "Imitation firearm" means anything which has the appearance of being a firearm whether or not it is capable of discharging any shot or other missile.

Threatening injury to prevent arrest.

30. A mr5nn whn thr~at~nc;n;i~nr tn -*ha- -nwmnn nr tn amV S. 30 ~ub~tit~,@d by No. 10233 S. 8 (2).

;1 '(8911) 5816231 pp- 16 - 17

S 29(1 . AMI?NI!I!I) Jar from 25/5/88) by r22 of 1988 No. 40. Insert after Penalty" the f?llowing:- 100 penalty units or'. S 29(2 AkIINIkED (as from 25/6/89) by S. 20 of 1989 No. 25. Omit the word "aganst" and subst!tute:- against'. S. 29(2). REP1:R S. 3 (Schedule Item 42.3) of l989 No. 57. To be amended "but the amending provlslon IS not yet in force. Omit the word aganst and :;ubstjtute:- against'.

PLEASE NOTE:- S. 3 (Schedule Item" 42.3) "of 1989 No. 57 endeavours to amend S. 29(2) by omitting tt.e word aganst . This word no longer appears ~;~~~~~~~ in th~ssection. t (2). kE::i:1)(:.).4 (Schedule) of 1989 No. 39. To be amended but !he amending provision is not yet in force. Omit the expression Firearms Act 1958" and substitute:- 'Firearms and Other Weapons Act l9S8'. a Illernoer or rne police Iorce in the due execution of duty; or (ii) a person acting in aid of a member of the police force- knowing that the member or person is such a member or person; or (c) assaults or threatens to assault a person with intent to resist or prevent the lawful apprehension or detention of a person- is guilty of an indictable offence.

Penalty: Imprisonment for five years. 1958 Crimes No. 6231

any other offence committed by him or her is liable to the penalty provided by that sub-section in addition to any penalty to which he or she may be liable for that other offence. (3) In this section- (a) "Firearm" means a firearm within the meaning of section 3 of the Firearms Act 1958, a smooth bore shot-gun or a prohibited weapon within the meaning of that Act; and (6) "Imitation firearm" means anything which has the appearance of being a firearm whether or not it is capable of discharging any shot or other missile.

Threatening injury to prevent arrest. 30. A person who threatens injury to any other person or to any ;iz;~gt; property with intent- (2). (a) to prevent or hinder the lawful apprehension or detention of himself or herself or any other person; or (b) to prevent or hinder a member of the police force from investigating in a lawful manner any act or circumstance which reasonably calls for investigation by a member of the police force- is guilty of an indictable offence.

Penalty: Imprisonment for ten years.

Assaults.

31. (l) A person who- S. 31 substituted by No. 10233 S. 8 (a) assaults or threatens to assault another person with intent '*', to commit an indictable offence; or (6) assaults or threatens to assault, resists or intentionally obstructs- (i) a member of the police force in the due execution of duty; or (ii) a person acting in aid of a member of the police force- knowing that the member or person is such a member or person; or (c) assaults or threatens to assault a person with intent to resist or prevent the lawful apprehension or detention of a person- is guilty of an indictable offence.

Penalty: Imprisonment for five years. 1958 Crimes No. 6231

(2) In sub-section (l), "assault" means the direct or indirect application of force by a person to the body of, or to clothing or equipment worn by, another person where the application of force is- (a) without lawful excuse; and (b) with intent to inflict or being reckless as to the infliction of bodily injury, pain, discomfort, damage, insult or deprivation of liberty- and results in the infliction of any such consequence (whether or not the consequence inflicted is the consequence intended or foreseen).

(3) In sub-section (2)- "Application of force" includes- (a) application of heat, light, electric current or any other form of energy; and (b) application of matter in solid, liquid or gaseous form.

No 6103 ss 16-35. Sub-hv (5) (Head~ngand fwmer ss 16-358) amended by Nos. 7088 s 2 (b). 7645 S. 2.8280 S 4.9155 S 2. 9576 S 11 (l), re+mIed by No 10233s 8(2) No.6103 S. 36. * Sub-hv (6) (Head~ngand ss MA) amended by Nos 9155 S. 3.9576 S. l1(l), repealed by No. 10233 S 8 (2). No 6103 * 3s.37-43. m (Headingand ss. 37-43) amended by Nos 6958 S 8 (4) (b). 7546 S 4.7876 S 2 (3). 8280 S. 5. 9576 S. 1 1 (l), repealedby No . 10233 S. 8 (2) )r sub-Hem(8) (S) Sexuai Assaults -*by NO 9509 S. 5. Indecent assault.

S. 44 am- 44. (1) A person who indecently assaults another person is guilty of an indictable offence and liable to imprisonment for a term of not ~0.9509~.5. more than five years. 1958 Crimes No. 623 1

(2) A person who indecently assaults another person is, if there are aggravating circumstances, guilty of the indictable offence of indecent assault with aggravating circumstances and liable to imprisonment for a term of not more than ten years. (3) Where a person is charged with an indecent assault, whether with or without aggravating circumstances, committed upon a person under the age of sixteen years, the consent of the person under sixteen is no defence to the charge unless, at the time the offence is alleged to have been committed- (a) the accused was, or believed on reasonable grounds that he was, mamed to the person; (b) the accused believed on reasonable grounds that the person was of or above the age of sixteen years; or (c) the accused was not more than two years older than the person.

Rape. 45. (1) A person who commits rape is guilty of an indictable offence ;i;y;~;:F and liable to imprisonment for a term of not more than ten years. (2) A person who attempts to commit rape, or assaults another person with intent to commit rape, is guilty of an indictable offence and liable to imprisonment for a term of not more than five years. (3) A person who commits rape is, if there are aggravating circumstances, guilty of the indictable offence of rape with aggravating circumstances and liable to imprisonment for not more than twenty years. (4) A person who attempts to commit rape, or assaults another person with intent to commit rape, is, if there are aggravating circumstances, guilty of an indictable offence and liable to imprisonment for a term of not more than ten years.

Aggravating circumstances.

46. (1) Where a person rapes another, attempts to rape another, ;i;v;b~~~y assaults another with intent to rape or indecently assaults another, there are aggravating circumstances if, but only if- (a) immediately before or during or immediately after the commission of the offence, and at or in the vicinity of the place where the offence was committed, the offender inflicts serious personal violence upon the victim or another person; (b) the offender has with him an offensive weapon; (C) immediately before or during or immediately after the commission of the offence the offender does an act which is 1958 Crimes No. 623 1

likely seriously and substantially to degrade or humiliate the victim; or (d) the offender is aided or abetted by another person who is present immediately before or during or immediately after the commission of the offence at or in the vicinity of the place where the offence is or was committed.

(2) In paragraph (b) of sub-section (1) "offensive weapon" means an offensive weapon, firearm, imitation firearm, explosive or imitation explosive within the meaning of section 77 (l).

(3) Where a person is found guilty of rape, an attempt to rape, assault with intent to c,ommit rape or indecent assault, evidence may be given that the person has previously been convicted (under this Act, a previous enactment or at common law) of- (a) rape (with or without aggravating circumstances); (6) rape with mitigating circumstances; (c) an attempt to rape (with or without aggravating circumstances); (d) assault with intent to rape (with or without aggravating circumstances); or (e) indecent assault (with or without aggravating circumstances).

(4) Where the trial judge is satisfied that a person who at the trial before him was found guilty of rape, an attempt to rape, assault with intent to rape or indecent assault has previously been convicted of an offence mentioned in paragraph (a),(b), (c), (d)or (e) of subsection (3), he may direct that the entry made upon the record in respect of the offence of which the person was found guilty at the trial before him shall show that, by virtue of this subsection, the person is guilty of the offence with aggravating circumstances. (5) A person in respect of whom an entry is made upon the record under sub-section (4) shall for all purposes be deemed to have been found guilty of- (a) rape with aggravating circumstances; (6) an attempt to commit rape with aggravating circumstances; (c) assault with intent to commit rape with aggravating circumstances; or (d) indecent assault with aggravating circumstances- as the case may be. 1958 Crimes No. 6231 2 1

(BA)Sexual Oflences against Young Persons Act of sexual penetration with child under ten.

47. (1) A person who takes part in an act of sexual penetration ;i;:;z;;;d with a child under the age of ten years is guilty of an indictable offence and liable to imprisonment for a term of not more than twenty years.

(2) A person who attempts to take part in an act of sexual penetration with a child under the age of ten years, or who assaults a child under the age of ten years with intent to take part in an act of sexual penetration, is guilty of an indictable offence and liable to imprisonment for a term of not more than ten years.

(3) It is no defence to a charge under this section that the conduct alleged to constitute the offence was consented to by the child.

Act of sexual penetration with person aged between ten and sixteen.

48. (1) A person who takes part in an act of sexual penetration ;i",;y;;t;d with a person who is of or above the age of ten years but under the age of sixteen years and to whom the first-mentioned person is not married is guilty of an indictable offence and, subject to sub-section (3), liable to imprisonment for a term of not more than ten years.

(2) A person who attempts to take part in an act of sexual penetration with a person who is of or above the age of ten years but under the age of sixteen years and to whom the first-mentioned person is not married, or who assaults such a person with intent to take part in an act of sexual penetration, is guilty of an indictable offence and, subject to sub-section (3), liable to imprisonment for a term of not more than five years.

(3) Notwithstanding anything to the contrary in sub-section (1) or (2), where a person commits an offence against either of those sub-sections and the person with or upon whom it is committed is, either generally or at the time the offence is committed, under the care, supervision or authority of the offender, the offender is liable to imprisonment- (a) in the case of an offence against sub-section (l), for a term of not more than fifteen years; and (6) in the case of an offence against sub-section (2), for a term of not more than seven years.

(4) The consent of a person with or upon whom an offence against this section is alleged to have been committed is no defence to a charge 1958 Crimes No. 623 1

under this section unless at the time the offence is alleged to have been committed- (a) the accused believed on reasonable grounds that the person was of or above the age of sixteen years; or (6) the accused was not more than two years older than the person.

(5) It is a defence to a charge under this section if, at the time the offence is alleged to have been committed, the accused believed on reasonable grounds that he was married to the person with or upon whom the offence is alleged to have been committed. (6) No prosecution of a person for an offence against this section committed with or upon a person of or above the age of twelve years shall be commenced more than twelve months after its commission.

Act of sexual penetration with person aged between sixteen and eighteen.

S 49substltuted 49. (1) A person who takes part in an act of sexual penetration No. S. by 9509 5. with a person who is of or above the age of 16 years but under the age of 18 years and to whom the first-mentioned person is not mamed is guilty of an indictable offence and, subject to sub-section (3), liable to imprisonment for a term of not more than two years.

(2) A person who attempts to take part in an act of sexual penetration with such a person, or who assaults such a person with intent to take part in an act of sexual penetration, is guilty of an indictable offence and liable to imprisonment for a tern of not more than one year. (3) Notwithstanding anything to the contrary in sub-section (l), where a person commits an offence against that sub-section and the person with or upon whom it is committed is, either generally or at the time the offence is committed, under the care, supefiision or authority of the offender, the offender is liable to imprisonment for a term of not more than three years. (4) The consent of a person with or upon whom an offence against this section is alleged to have been committed is no defence to a charge under this section unless, at the time the offence is alleged to have been committed- (a) the accused believed on reasonable grounds that the person was of or above the age of 18 years; (6) the person had previously willingly taken part in an act of sexual penetration with a person other than the accused; or (c) the accused was not more than five years older than the person. Crimes No. 6231

(5) It is a defence to a charge under this section if, at the time the offence is alleged to have been committed, the accused believed on reasonable grounds that he was mamed to the person with or upon whom the offence is alleged to have been committed. (6) No prosecution of a person for an offence against this section shall be commenced more than 12 months after the commission of the offence.

Gross indecency with person under sixteen.

50. (1) A person who in public or in private- s. 50 substituted by No. 9509 S. 5. (a) commits, or is in any way a party to the commission of, an act ofgross indecency by, with or in the presence of a person under the age of sixteen years; or (b) procures or attempts to procure the commission of an act ;';"gLddbYNo, of gross indecency by, with or in the presence of a person 10079 8(d). under the age of sixteen years- is guilty of an indictable offence and, subject to sub-section (2), liable to imprisonment for a term of not more than two years. (2) Notwithstanding anything to the contrary in sub-section (l), where a person is convicted of an offence against that sub-section and- (a) the person under the age of sixteen years was, either generally or at the time of the commission of the offence, under the care, supervision or authority of the offender; or (6) the offender has previously been convicted (under this section or under a corresponding previous enactment) of an offence of gross indecency with or in relation to a person under the age of sixteen years- the offender is liable to imprisonment for a term of not more than three years. (3) It is no defence to a charge under this section that the person under the age of sixteen years consented to the conduct alleged to constitute the offence unless at the time of the alleged conduct- (a) the accused believed on reasonable grounds that the person was of or above the age of sixteen years; or (6) the accused was not more than two years older than the person.

(4) It is a defence to a charge under this section if, at the time of the , conduct alleged to constitute the offence the accused was, or believed on reasonable grounds that he was, married to the person under the age of sixteen years. * * * * * * * Ss. (5) repealed by No. 9848 S. 18 (1). 24 1958 Crimes No. 623 1

Sub-Head~ng (SB)Acts of Sexual Penetration with Intellectually Handicapped (80) Inserted by NO. 9509 S 5. Persons

Act of sexual penetration with intellectually handicapped person.

S. 51 substituted 51. (1) A person who is employed in any psychiatric in-patient by No. 9509 S 5. Ss (l) amended service, registered residential service or residential institution or in any by No 102/1986 benevolent asylum or charitable institution, who- S. 9 (a). Para. (a) (a) takes part, or attempts to take part, in an act of sexual amended by No. 10211986 S 9 (b) penetration with a person who is under care, treatment, supervision or control as a person who is mentally ill or intellectually defective; or (b) assaults such a person with intent to take part in an act of sexual penetration- is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.

(2) A person who has the care or charge of any person being a patient or mentally ill or intellectually defective and who- (a) takes part, or attempts to take part in an act of sexual penetration with the person of whom he has the care or charge; or (b) assaults the person of whom he has the care or charge with intent to take part in an act of sexual penetration- is guilty of an indictable offence and liable to imprisonment for a term of not more than five years. Ss (3)repealed * * * * * * * by No. 10211986 S 9 (C) (4) It is no defence to a charge under this section that the conduct alleged to constitute the offence was consented to by the person with or upon whom the offence is alleged to have been committed unless, at the time of the conduct alleged to constitute the ofince, the accused was, or believed on reasonable grounds that he was, mamed to the person.

(5) A person shall not be convicted of an offence against this section upon the evidence of one witness only unless the witness is corroborated in a material particular by evidence implicating the accused.

(&) Incest

Parent and child.

S 52substituted 52. (1) A person who takes part in an act of sexual penetration by No 9509 s 5 with a person who is of or above the age of ten years and whom he knows to be his child or other lineal descendant or his step-child is 1958 Crimes No. 623 1 guilty of an indictable offence and liable to imprisonment for a term of not more than twenty years.

(2) A person who attempts to take part in an act of sexual penetration with a person who is of or above the age of ten years and whom he knows to be his child or other lineal descendant or his step-child, or who assaults any such person with intent to take part in an act of sexual penetration, is guilty of an indictable offence and liable to imprisonment for a term of not more than ten years.

(3) A person of or above the age of eighteen years who permits a person whom he knows to be his father or mother or other lineal ancestor or his stepfather or step-mother to take part in an act of sexual penetration with him is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.

(4) A person who takes part in an act of sexual penetration with a person who is of or above the age of ten years and whom he knows to be his sister, half-sister, brother or half-brother is guilty of an indictable offence and liable to imprisonment for a term of not more than seven years.

(5) A person who attempts to take part in an act of sexual penetration with a person who is of or above the age of ten years and whom he knows to be his sister, half-sister, brother or half-brother, or who assaults any such person with intent to take part in an act of sexual penetration, is guilty of an indictable offence and liable to imprisonment for a term of not more than five years. (6) Consent is no defence to a charge under this section. * * * * * * * Ss. (7) repealed by No. 9848 S. 18 (11. Coercion.

53. (l) Where a person is charged under section 52 it shall be a ;i~o~;~~;~~ sufficient defence if he proves that he engaged in the conduct alleged to constitute the offence under the coercion of the person with or upon whom the offence is alleged to have been committed. (2) In all proceedings under section 52, the person charged shall, unless he adduces evidence to the contrary, be presumed to know that he and the person with or upon whom the offence is alleged to have been committed are related in the manner charged.

(3) In all proceedings under section 52 it shall, unless the accused adduces evidence to the contrary, be presumed that persons who are reputed to be related to each other in a particular way are in fact related to each other in that way. 26 1958 Crimes No. 623 1

Sub-Headtng (8~)Procuration, Abduction, &c. (80)tnserted by NO. 9509 S. 5. Procuring persons by threats or fraud.

S. 54 amended 54. ( l ) A person who- by No. 7332 S. 2. subst~tutedby No 9509 S. 5. (a) by threats or intimidation procures or attempts to procure any person to take part in an act of sexual penetration outside mamage; or (b) by any false pretence, false representation or other hudulent means procures or attempts to procure any person to take part in an act of sexual penetration outside maniage- is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.

(2) A person shall not be convicted of an offence against this section upon the evidence of one witness only unless the witness is corroborated in a material particular by evidence implicating the accused.

Administration of drugs etc.

S. S5 amended 55. ( l ) A person who- by No 7577 s 2. substttuted by No. 9509 S. 5. (a) administers any drug, matter or thing to another person; or (b) causes any drug, matter or thing to be taken by another person- with intent to render the person incapable of resistance and thereby enable himself or a third person to take part in an act of sexual penetration outside marriage with the other person is guilty of an indictable offence and liable to imprisonment for a term of not more than ten years.

(2) A person shall not be convicted of an offence against this section on the evidence of one witness only unless the witness is corroborated in a material particular by evidence implicating the accused.

Abduction and detention.

S 56 amended 56. A person who takes away another person by force, or detains by No 6761 S 2 (a)(1) (11). another person against his will- subst~tutedby No 9509 s 5 (a) with intent to marry the other person; (6) with intent to take part in an act of sexual penetration with the other person; (c) with intent that the other person should marry a third person; or 1958 Crimes No. 6231

(d) with intent that the other person should take part in an act of sexual penetration with a third person- is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Abduction from possession of parent, etc.

57. A person who, with intent that another person under the age of E~",";;~;;-J~ eighteen years should take part in an act of sexual penetration outside @)(I)(ii), mamage with him or any third person or generally takes the other ;bt;gl$ person, or causes the other person to be taken, out of the possession and against the will of his father, mother or other person having the lawful charge of him is guilty of an indictable offence and liable to imprisonme~tfor a term of not more than five years.

(8~)Unnatural Ofences Sub-Heading (8~) inserted by No. 9509 S. 5. Bestiality. 58. (1) A person who commits an act of bestiality is guilty of an ;i;:;;~;~2 indictable offence and liable to imprisonment for a term of not more (c,li)(,i,, s~bst~tutedby than five years. No. 9509 S. 5. (2) A person who attempts to commit an act of bestiality is guilty of an indictable offence and liable to imprisonment for a term of not more than two years. (3) An act of bestiality is any of the following: (a) Buggery committed by a man upon an animal of either sex; (b) Buggery committed by an animal upon a man or woman; (c) Penetration of the vagina of a female animal by the penis of a man; and (d) Penetration of the vagina of a woman by the penis of a male animal.

(4) The law relating to buggery is as prescribed by this Act and no prosecution shall be instituted for any offence of buggery unless it is for an offence against this Act.

(8~)Prostitution, &C. Sub-Heading (BF) inserted by No. 9509 S. 5. Procuration.

59. ( 1) A person who procures or attempts to procure- S. 59 amended by No. 6761 S. 2 (d), substituted (a) a person under the age of eighteen years to take part in an by 1958 Crimes No. 6231

act of sexual penetration outside marriage with a third person in any part of the world; (b) any other person to take part in an act of sexual penetration outside marriage with a person under the age of eighteen years;

8(~)a person to become a prostitute in any part of the world: or 8(d)a person who is not an inmate of a brothel to become an inmate of a brothel in any part of the world- is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.

9(2) No person shall be convicted of an offence under this section on the evidence of one witness only unless the witness is corroborated in a material particular by evidence implicating the accused.

Prohibition of advertisements for employment in brothels.

S.59Alnserted "59~.A person shall not publish or cause to be published any byN0.10094S. 14. statement which is intended or likely to induce a person to seek employment in a brothel. Penalty: 10 penalty units.

Householder permitting sexual penetration of young persons.

S. 60amended 60. A person who, being the owner or occupier of any premises or , managing or acting or assisting in the management of any premises, by NO. 9509s.5 induces or knowingly allows any unmarried person under the age of eighteen years to enter or remain upon the premises for the purposes of taking part in an act of sexual penetration is guilty of an indictable offence and- (a) if the other person is under the age of thirteen years, liable to imprisonment for a term of not more than ten years; or (b) if the other person is of or above the age of thirteen years but under the age of eighteen years, liable to imprisonment for a term of not more than five years.

Unlawful detention for purposes of sexual penetration.

S. 61 substttuted 61. ( 1) A person who detains any other person against his will- by No.9509 s. 5. (a) in or upon any premises with intent that the other person may take part in an act of sexual penetration outside marriage with the first-mentioned person or any third person or generally; or 1958 Crimes No. 6231

(b) in any brothel- is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.

(2) A person shall, for the purposes of sub-section (l), be deemed to detain another person in or upon premises if, with intent that the other person should remain in or upon those premises, the first-mentioned person- (a) withholds from the other person any of the other person's clothing or other property; or (b) having lent or otherwise supplied the other person with clothing, threatens the other person with legal proceedings if the other person takes away the clothing. (3) Where a person has detained another person contrary to sub-section (l), no civil or criminal proceedings shall be taken against +hn n+~ee------c- - A-*-. - - I--:-- r -..- -r :, ,,,,,,, :-, -r -uch ANSTAT 675444 m 677931 REPEALED (ss fio~n1618187) by s. 74(b) of 1986 No. 124. S. 59(l)(c) d (d). d to

REPEALED (as from 16!X/X7) by S. R0 of 1986 No. 124. to a S. 59A. REFER S. 74(c) of 1986 No. 124.To be repealed hut the mpealing provision is not yet in force. 'Pan S. 61. REPEALED (as frorn 161RIX7) by S. 74(tl) of 1986 No. 124. ---- blllcct~cllsLO WlInnold from the other person supplies of a dmg of addiction.

(8c)Abrogation of Obsolete Rules of Law Sub-Heading (W) inserted by No. 9509 S. 5. Abrogation of obsolete rules of law.

62. (1) The rule of law whereby a male person under the age of Eig;bg;t2 fourteen years is conclusively presumed to be impotent is hereby abrogated.

(2) The existence of a marriage does not constitute, or raise any :;;;:utedby presumption of, consent by a person to an act of sexual penetration NO. 10233s. 10. with another person or to an indecent assault (with or without aggravating circumstances) by another person.

(3) Where a person is accused of a sexual offence, no rule of law or practice shall require the judge before whom the accused is tried to wan the jury that it is unsafe to convict the accused on the uncorroborated evidence of the person with or upon whom the offence Crimes No. 623 1

(b) in any brothel- is guilty of an indictable offence and liable to imprisonment for a term of not more than five years. (2) A person shall, for the purposes of sub-section (l), be deemed to detain another person in or upon premises if, with intent that the other person should remain in or upon those premises, the first-mentioned person- (a) withholds from the other person any of the other person's clothing or other property; or (b) having lent or otherwise supplied the other person with clothing, threatens the other person with legal proceedings if the other person takes away the clothing. (3) Where a person has detained another person contrary to sub-section (l), no civil or criminal proceedings shall be taken against the other person for taking away or being found in possession of such clothing as was necessary to enable him to leave the premises in or upon which he was detained. (4) A person shall, for the purposes of sub-section (l), be deemed to detain another person in or upon premises if- (a) knowing or believing that the other person is addicted to a drug of addiction; and (b) with intent to induce the other person to remain in or upon the premises- he withholds or threatens to withhold from the other person supplies of a drug of addiction.

(8c)Abrogation of Obsolete Rules of Law Sub-Heading (h) inserted by No. 9509 S. 5.

Abrogation of obsolete rules of law. 62. (1) The rule of law whereby a male person under the age of tiF;bg:';l fourteen years is conclusively presumed to be impotent is hereby abrogated.

(2) The existence of a marriage does not constitute, or raise any presumption of, consent by a person to an act of sexual penetration NO. 10233 10. with another person or to an indecent assault (with or without aggravating circumstances) by another person.

(3) Where a person is accused of a sexual offence, no rule of law or practice shall require the judge before whom the accused is tried to warn the jury that it is unsafe to convict the accused on the uncorroborated evidence of the person with or upon whom the offence Crimes No. 623 1

is alleged to have been committed, but nothing in this sub-section restricts the operation of any enactment requiring that the evidence of a witness be corroborated.

(9)Child Stealing

Child stealing.

NO.6103 S. 63. 63. (1) Whosoever unlawfully either by force or fraud leads or takes Ss. (l) amended ,,,6s,ll away or decoys or entices away or detains any child under the age of (1). sixteen years, l2 with intent to deprive any parent or guardian or any other person having the lawful care or charge of such child of the possession of such child or with intent to steal any article upon or about the person of such child; and whosoever with any such intent receives or harbors any such child knowing the same to have been by force or fraud led taken decoyed enticed away or detained, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than five years.

No person who has claimed any right to the possession of such child, or is the mother or has claimed to be the father of an illegitimate child, shall be liable to be prosecuted under this or the next succeeding sub-section on account of the getting possession of such child or taking such child out of the possession of any person having the lawful care or charge thereof.

~~.(2)amended (2) Whosoever unlawfully takes decoys or entices away any child by No. 9576 S. 11 (1). under the age of sixteen yearsI2 out of the possession and against the will of the child's parent or guardian or of any other person having the lawful care or charge of the child shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than two years.

Sub-Heading(9~) (9~)Kidnapping inserted by No. 6731 S 2 (2) Kidnapping. s.63* ~n-rted 63~.Whosoever leads takes or entices away or detains any person by No.6731 S 2 (2).amendedby with intent to demand from that person or any other person any No. 9576 S. ll (1). payment by way of ransom for the return or release of that person or with intent to gain for himself or any other person any advantage (however arising) from the detention of that person shall, whether or not any demand or threat is in fact made, be guilty of an indictable offence and liable to be imprisoned for a term of not more than twenty years. Crimes No. 623 1

(10) Bigamy

Bigamy. No. 6103 S. 64. S.64 amended by No. 9576 s. 11 64. Whosoever being married goes through the form or ceremony (1). of marriage with any other person during the life of her or his husband or wife, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than five years. Nothing in this section contained shall extend to any person going through the form or ceremony of marriage as aforesaid whose husband or wife has been continually absent from such person for the space of seven years then last past and has not been known by such person to be living within that time; or shall extend to any person who at the time of her or his going through such form or ceremony of marriage has been divorced from the bond of the marriage; or to any person whose marriage at such time has been declared void by the sentence of any court of competent jurisdiction.

(1 1) Attempts to Procure Abortion '3

Abortion.

65. Whosoever being a woman with child with intent to procure her ;ok;;f;":; own miscarriage unlawfully administers to herself any poison or other by NO.9576s. 11 noxious thing or unlawfully uses any instrument or other means, and (l). whosoever with intent to procure the miscarriage of any woman whether she is or is not with child unlawfully administers to her or causes to be taken by her any poison or other noxious thing, or unlawfully uses any instrument or other means with the like intent, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than fifteen years.

Supplying or procuring anything to be employed in abortion. 66. Whosoever unlawfully supplies or procures any poison or other :~g:",';~", noxious thing or any instrument or thing whatsoever, knowing that the by NO.9576 11 same is intended to be unlawfully used or employed with intent to (l). procure the miscarriage of any woman, whether with child or not, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than three years.

(12) Concealing the Birth of a Child14

Concealing birth of a child.

67. If any woman has been delivered of a child, every person who ;ok'°,,e;",'$ by any secret disposition of the dead body of the said child whether by N~.9576 11 such child died before at or after its birth endeavours to conceal the (l). 1958 Crimes No. 623 1

birth thereof, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than two years.

Headlng and * * * * * * * Sub-Div. (l3) (ss. 68 and 69) amended by No. 7577 S.3 (a) (b), repealed by No. 9509 S. 6. Heading and Sub-DIV. (14) (S.70) repealed by No. 9509 s 6.

Div. 1A Heading Division 1~-Piracy inserted by No. 9407 S. 2 (b). Piracy with violence.

(1837) 7 Willlam 70~.Any person who with intent to commit or at the time of or IV. and 1 Vlct. c. UXXVIII S. 2. immediately before or immediately after committing the offence of S. 70A inserted piracy in respect of any vessel- by No. 9407 S. 2 (b),amended by (a) assaults with intent to murder any person on board or No. 3711986 S. 10. belonging to the vessel; or (b) wounds any such person; or (c) unlawfully does any act by which the life of any such person may be endangered- shall be liable to imprisonment- Para. (a) inserted (a) for the term of his or her natural life; or by No. 3711 986 S. 10. Para. (b) Inserted (b) for such other term as is fixed by the court- by No 3711 986 S. 10. as the court determines.

Piratical acts.

(1698) 1l Wllllam 708. (1) A person commits a piratical act if- Ill., c. VII. ss. 7 and 8. (a) being an Australian citizen, he commits any piracy or S. 708 Inserted by No 9407 S. 2 robbery or any act of hostility or robbery against other (b). Australian citizens on the sea under colour of any commission from any foreign ruler or under pretence of authority from any person whatever; or (6) being on board any Australian ship he- (i) turns pirate, enemy or rebel, and piratically runs away with the ship, br any boat, munitions or goods; (ii) voluntarily yields up the ship, or any boat, munitions or goods to any pirate; (iii) brings any seducing message from any pirate, enemy or rebel; 1958 Crimes No. 623 1

(iv) assaults the master of the ship in order to prevent him from fighting in defence of his ship and goods; (v) confines the master of the ship; or (vi) makes or endeavours to make a revolt in the ship. (2) Any person who commits a piratical act shall be guilty of an ;;;;);:;;g offence and shall be liable on conviction upon indictment to imprisonment- (a) for the term of his or her natural life; or Para. (a) inserted by No. 3711986

(b) for such other term as is fixed by the court- Para. (b) inserted by No. 3711986 S. 11. as the court determines.

Trading etc. with pirates.

70~.Any person who knowingly- (1721) 8 George I.. c XXIV. (a) trades with any pirate; S I. S 70C ~nserted (b) furnishes any pirate with any munitions or stores of any by NO.9470s.2 kind; (b). (c) fits out any vessel with a design to trade with, supply or correspond with any pirate; or (d) conspires or corresponds with any pirate- shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for ten years.

Being found on board piratical vessel and unable to prove non-complicity. 700. (1) Any person who is found in Victoria on board any vessel ti;;;;;;;:'", equipped for the purposes of piracy shall be guilty of an offence and (b;. shall be liable on conviction upon indictment to imprisonment for three years. (2) It shall be a defence to a charge under sub-section (l) if the person charged proves- (a) that he was not on board the vessel willingly; or (b) that he did not know that the vessel was equipped for the purposes of piracy.

Is Division 2-Theft and Similar or Associated Offences Div. 2 Heading subst~tutedby No. 8425 S. 2.(1) Definitions. (a).

71. (1) In this Division- S. 71 amended by No. 8280 S.7. substituted by No. 8425 S. 2 (1) (b). 1958 Crimes No. 623 1

"Gain" and "loss" are to be construed as extending only to gain or loss in money or other property, but as extending to any such gain or loss whether temporary or permanent; and- (a) "gain" includes a gain by keeping what one has, as well as a gain by getting what one has not; and (6) "loss" includes a loss by not getting what one might get, as well as a loss by parting with what one has; bbGoods"except in so far as the context otherwise requires, includes money and every other description of property except land and includes things severed from the land by stealing; "Property" includes money and all other property real or personal including things in action and other intangible property (2) In this Division property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest).

Basic definition of theft.

S.72~~bsfmtd 72. (1) A person steals if he dishonestly appropriates property by No. 8425 S. 2 (1 m). belonging to another with the intention of permanently depriving the other of it. (2) A person who steals is guilty of theft; and "thief' shall be construed accordingly.

Further explanation of theft. s.73substmed 73. (1) This section has effect as regards the interpretation and by No. 8425 S. 2 (l)(b). operation of section 72 and, except as otherwise provided in this Division, shall apply only for the purposes of that section and not otherwise. (2) A person's appropriation of property belonging to another is not to be regarded as dishonest- (a) if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person; or (b) if he appropriates the property in the belief that he would have the other's consent if the other knew of the appropriation and the circumstances of it; or (c) (except where the property came to him as trustee or personal representative) if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps. Crimes No. 623 1

(3) A person's appropriation of property belonging to another may be dishonest notwithstanding that he is willing to pay for the property. (4) Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner.

(5) Where property or a right or interest in property is or purports to be transferred for value to a person acting in good faith, no later assumption by him of rights which he believed himself to be acquiring shall, by reason of any defect in the transferor's title, amount to theft of the property. (6) A person cannot steal land, or things forming part of land and severed from it by him or by his directions, except in the following cases, that is to say- (a) when he is a trustee or personal representative, or is authorized by power of attorney, or as liquidator of a company, or otherwise, to sell or dispose of land belonging to another, and he appropriates the land or anything forming part of it by dealing with it in breach of the confidence reposed in him; or (b) when he is not in possession of the land and appropriates any thing forming part of the land by severing it or causing it to be severed, or after it has been severed; or (c) when, being in possession of the land under a tenancy, he appropriates the whole or part of any fixture or structure let to be used with the land.

For purposes of this sub-section "land" does not include incorporeal hereditaments; "tenancy" means a tenancy for years or any less period and includes an agreement for such a tenancy, but a person who after the end of a tenancy remains in possession as statutory tenant or otherwise is to be treated as having possession under the tenancy, and Yet" shall be construed accordingly. (7) Wild creatures, tamed or untamed, shall be regarded as property; but a person cannot steal a wild creature not tamed nor ordinarily kept in captivity, or the carcase of any such creature, unless either it has been reduced into possession by or on behalf of another person and possession of it has not since been lost or abandoned, or another person is in course of reducing it into possession.

(8) Where property is subject to a trust, the persons to whom it belongs shall be regarded as including any person having a right to enforce the trust, and an intention to defeat the trust shall be regarded accordingly as an intention to deprive of the property any person having that right. 1958 Crimes No. 623 1

(9) Where a person receives property From or on account of another, and is under an obligation to the other to retain and deal with that property or its proceeds in a particular way, the property or proceeds shall be regarded (as against him) as belonging to the other.

(10) Where a person gets property by another's mistake, and is under an obligation to make restoration (in whole or in part) of the property or its proceeds or of the value thereof, then to the extent of that obligation the property or proceeds shall be regarded (as against him) as belonging to the person entitled to restoration, and an intention not to make restoration shall be regarded accordingly as an intention to deprive that person of the property or proceeds.

(1 1) Property of a corporation sole shall be regarded as belonging to the corporation notwithstanding a vacancy in the corporation.

( 12) A person appropriating property belonging to another without meaning the other permanently to lose the thing itself is nevertheless to be regarded as having the intention of permanently depriving the other of it if his intention is to treat the thing as his own to dispose of regardless of the other's rights; and a borrowing or lending of it may amount to so treating it if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal.

(1 3) Without prejudice to the generality of sub-section (12) where a person, having possession or control (lawfully or not) of property belonging to another, parts with the property under a condition as to its return which he may not be able to perform, this (if done for purposes of his own and without the other's authority) amounts to treating the property as his own to dispose of regardless of the other's rights.

16(14) Notwithstanding anything contained in sub-section ( 12) in any proceedings- (a) for stealing a motor car or an aircraft proof that the person charged took or in any manner used the motor car or aircraft without the consent of the owner or person in lawful possession thereof shall be conclusive evidence that the person charged intended to permanently deprive the owner of it; and (b) for attempting to steal a motor car or an aircraft proof that the person charged attempted to take or in any manner use the motor car or aircraft without the consent of the owner or person in lawful possession thereof shall be conclusive evidence that the person charged intended to permanently deprive the owner of it. 1958 Crimes No. 623 1

Theft, robbery, burglary, &c. Headlng inserted by No. 8425 S. 2 (1 ) (W. Theft. 74. A person guilty of theft is guilty of an indictable offence and ;;;:;;,":p8, liable to imprisonment for a term not exceeding ten years. substituted by No. 8425 S. 2 (1) (b). amended by Robbery. NO. 9576 S. 1 l (1). 75. (1) A person is guilty of robbery if he steals, and immediately ;i',";s;;y before or at the time of doing so, and in order to do so, he uses force on (1) (b). any person or puts or seeks to put any person in fear that he or another ;;i;);;;;te;

wrcnn will he then and there subjected to force. (a).. , ANSTAT 675444 "'(8813)581623 1 p- 36 rob, ss. (2)arnended 677931 by Nos. 9048 lenn (1). 3.9576s l1 S. 73(14)(a) and (b). AMENDED (ss lioill 1/7/87) by S. 102 of 1986 NO. 127. . , Otnit the word "car' (wherever occ.~*l.ritig)nlid ill encli cnse si~hs~iLuttt:- 'vchick'.

S. 74. AMENDED (8s I'ro~ii116IXW) by s.4(a) of 19W8 No. 36.

any S. 75A inserted by No. 9048 S. 2. am, S. 74. AMENDED (sa IIOIII II~IX)11). .ning s.4(h() of 1988 No. 36. It~sertIICW s~~l~-scc.lionns hllows:- '(2) Sca'in 80A applia as if rhc dtxmcc in hat scction IO roctiw 81-81 (both inclusivc) wrr: a dmccto Lhis section.' fable Ss. (2)amended by No. 9576 S. ll ullc;rlc;c;auu llault: ro ~nl~pnsonrnentIor a term no1 excmuiug LJ years. (1).

Burglary. 76. (1) A person is guilty of burglary if he enters any building or ;i;zz;;ty part of a building as a trespasser with intent- (1) m). (a) to steal anything in the building or part in question; or (b) to commit an offence- (i) involving an assault to a person in the building or part in question; or (ii) involving any damage to the building or to property in the building or part in question- which is punishable with imprisonment for a term of five years or more.

(2) References in sub-section (l) to a building shall apply also to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he is. 1958 Crimes No. 623 1

Theft, robbery, burglary, &c. Heading inserted by No. 8425 S. 2 (1) (b) Theft.

74. A person guilty of theft is guilty of an indictable offence and ;i;c;;;t;d8, liable to imprisonment for a term not exceeding ten years. substituted by No. 8425 S. 2 (1) (b), amended by Robbery. NO. 9576 S. ll (1). 75. (1 ) A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on (b). any person or puts or seeks to put any person in fear that he or another E;$;! ;;;;:e; person will be then and there subjected to force. (a).

(2) A person guilty of robbery, or of an assault with intent to rob, E;izLa;;;,"ed is guilty of an indictable offence and liable to imprisonment for a term 3.9576 S. 11 not exceeding twenty years. (1).

Armed robbery.

75~.(l) A person is guilty of armed robbery if he commits any ;i',",";;;;s"d2, robbery and at the time has with him a firearm, imitation firearm, offensive weapon, explosive or imitation explosive within the meaning assigned to those terms for the purposes of section 77 (l).

(2) A person guilty of armed robbery is guilty of an indictable ~;~~!;;;;:~~l offence and liable to imprisonment for a term not exceeding 25 years. (1).

Burglary.

76. (1) A person is guilty of burglary if he enters any building or ;iT:g;;;t;* part of a building as a trespasser with intent- (1) (b) (a) to steal anything in the building or part in question; or (b) to commit an offence- (i) involving an assault to a person in the building or part in question; or (ii) involving any damage to the building or to property in the building or part in question- which is punishable with imprisonment for a term of five years or more.

(2) References in sub-section (l) to a building shall apply also to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he is. Crimes No. 623 1 s~.(3)amended (3) A person guilty of burglary is guilty of an indictable offence and by No. 9576 S. 11 (1). liable to imprisonment for a term not exceeding fourteen years.

Aggravated burglary. s.77substltuted 77. (1) A person is guilty of aggravated burglary if he commits any by No. 8425 S. 2 (1) (b). burglary and at the time has with him any firearm or imitation firearm, SS. (1) amended any offensive weapon, or any explosive or imitation explosive; and for by No. 9048 S. 4 (a). this purpose- (a) "firearm" includes an airgun or air pistol, and "imitation firearm" means anything which has the appearance of being a firearm, whether capable of being discharged or not; and Para. (b) (b) "offensive weapon" means any article made or adapted for amended by Nos 9008 S. 2 (1). use for causing injury to or incapacitating a person, or which 9323 S .2(b). the person having it with him intends or threatens to use for such a purpose; and (c) "explosive" means any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him for that purpose; and Para. (d)~nserted (d) "imitation explosive" means any article which might by No. 9048 S. 4 (W. reasonably be taken to be or to contain an explosive. ss.(*)amended (2) A person guilty of aggravated burglary is guilty of an indictable by No 9575 S. 11 (1). offence and liable to imprisonment for a term not exceeding twenty years.

Removal of articles from places open to the public.

S 78 substituted 78. ( 1 ) Subject to sub-sections (2) and (3), where the public have by No 8425 s 2 (1) (b). access to a building in order to view the building or part of it, or a collection or part of a collection housed in it, any person who without lawful authority removes from the building or its grounds the whole or part of any article displayed or kept for display to ,the public in the building or that part of it or in its grounds shall be guilty of an offence.

For this purpose "collection" includes a collection got together for a temporary purpose, but references in this section to a collection do not apply to a collection made or exhibited for the purpose of effecting sales or other commercial dealings. (2) It is immaterial for purposes of sub-section (l) that the public's access to a building is limited to a particular period or particular occasion; but where anything removed from a building or its grounds is there otherwise than as forming part of, or being on loan for exhibition with, a collection intended for permanent exhibition to the public, the person removing it does not thereby commit an offence under this section unless he removes it on a day when the public have access to the building as mentioned in sub-section (l). 1958 Crimes No. 6231 39 (3) A person does not commit an offence under this section if he believes that he has lawful authority for the removal of the thing in question or that he would have it if the person entitled to give it knew of the removal and the circumstances ofit.

(4) A person guilty of an offence under this section is guilty of an ;;;z);;;;c~e;~ indictable offence and liable to imprisonment for a term not exceeding (1). five years. * * * * * * * S. 79 substituted by No. 8425 S. 2 (1) (b), amended by No. 9576 S. 11 ANSTAT (1), repealed by 675444 (88lJ) 5816231 p. 38 NO.10084 S. 4. 677931

S. 80. AMENDED (11s 1'10111 1/6/XX) by s.5 01' 19XX No. 36 Inser1 new scclio~ins Ibl!c)ws:- '80A. (I) If- *cises S. 80 substituted by No. 8425 S. 2 (a) a ~C~SOIIdoes. or omils m do, an aa or thine n.~crnrf while (I ) m), amended :rson by NO. 9576 S. 11 to in sections 81-87 (both ind~~sivc)ou~sidc. or partly oulside. Viaocia; and (b) thcrc is a real and substantial link within the mcaning shall "'' of sub-seaioo (2) bccnecn doing. or omitting m do, the aa or thing adViuuria- those scaioas apply m Lhe sa or thing oc he omission as iT it had ban rlone, or or omined to be he.whdly within Viaoria. :e or Ss. (2) amended by No. 9576 S. 11 (2) For the purposes of subsalion (1) . thcre is a rcal :S or (1). and substantial link with Vidoria- (a) if a significant pad of the duarelating to, or mstituting Ihc doing of thc an or thing. or ~hcomission. omdin Victoria; or (b) where he whdc act or thing was done. or dn: omission occurred. wholly ouuidc Victoria. if thc ad or thing was done. or omirtcd to be dome, with chc intcnlion that submnt.ial harmrul cficcts ariso in VicuKia and such clfcds did arise.' Heading Inserted by No. 8425 S. 2 S. 81(4). REPEXLED & SUEVXITUTED (as I'ro~ll1161X8) hy (1) (b). s.6 of 1988 No. 36. to rced 8s follows:- '(4) For hc purpscs d this dn.'dcrrpGon'- (a) mcans any daxption (whcher delikvatc or rccklns) by words or condud S. 81 amended u to Fsd or as m law. indding a decrphn as to the inlenhns of the by NOS.6561 S. 2.7263 S. 2 (al. pemusing Ihe or any other pmon; and :nt 8247 S. 3. (b) indudu an act or ~biogdone or omi~tcdto bc clone wilh the intcnllon or substituted bv NOS.8280 S. io. causing- 8425 S. 2 (l) (b). (i)a mpuwsystem; or Ss. (l) amended by NO. 9576 11 (ii) a machine ~halis designed to opcrau: by means or payment or iden~ification- ng nd (1). to make a response that the person doing or omitting 10 do Lhc ac% or thing is not authorisal m cause the compulcr sysm or machine to make.'

(3) Sub-sections ( 12) and ( 13) of section 73 shall apply for purposes of this section, with the necessary adaption of the reference to appropriating, as it applies for purposes of section 72. (4) For purposes of this section "deception" means any deception (whether deliberate or reckless) by words or conduct as to fact or as to law, including a deception as to the present intentions of the person using the deception or any other person. 1958 Crimes No. 623 1

(3) A person does not commit an offence under this section if he believes that he has lawful authority for the removal of the thing in question or that he would have it if the person entitled to give it knew of the removal and the circumstances of it. (4) A person guilty of an offence under this section is guilty of an ;;

(2) A person who without lawful excuse, by force or violence or threat of force or violence or by any trick of false pretence, takes or (1). exercises control, whether direct or through another person, of an aircraft while another person not being an accomplice of the first-mentioned person is on board the aircraft shall be guilty of an indictable offence and shall be liable to imprisonment for a term not exceeding twenty years. Fraud and blackmail Heading tnserted by No. 8425 S. 2 (1) (b). Obtaining property by deception.

81. (1 ) A person who by any deception dishonestly obtains property belonging to another, with the intention of permanently depriving the 2.7263 2 (a). other of it, is guilty of an indictable offence and liable to imprisonment :E:::&,, for a term not exceeding ten years. Nos. 8280 S. 10. 8425 S. 2 (l)(b). Ss (1) amended (2) For purposes of this section a person is to be treated as obtaining by NO. 9576 S. 11 property if he obtains ownership, possession or control of it, and (l). "obtain" includes obtaining for another or enabling another to obtain or to retain. (3) Sub-sections (l 2) and (l 3) of section 73 shall apply for purposes of this section, with the necessary adaption of the reference to appropriating, as it applies for purposes of section 72. (4) For purposes of this section "deception" means any deception (whether deliberate or reckless) by words or conduct as to fact or as to law, including a deception as to the present intentions of the person using the deception or any other person. 40 1958 Crimes No. 6231

0btaining financial advantage by deception. s.82amended 82. (1) A person who by any deception dishonestly obtains for by No 7876 S 2 (3). substituted himself or another any financial advantage is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. (1 (W. Ss. (l)amended by No. 9576 S. l l (1) (2) For purposes of this section "deception" has the same meaning as in section 8 1.

False accounting. S 83amended 83. (1) Where a person dishonestly, with a view to gain for himself by No. 71 84 S. 2. 7705 S 10.7876 or another or with intent to cause loss to another- S. 2 (3). 7994 S 5.8280 S. 11 (1 )(2)(3). subst~tutedby No 8425 S. 2 (1) (b) Ss (l)amended by No 9576 S. 11 (1) (a) destroys, defaces, conceals or falsifies any account or any record or document made or required for any accounting purpose; or (6) in furnishing information for any purpose produces or makes use of any account, or any such record or document as aforesaid, which to his knowledge is or may be misleading, false or deceptive in a material particular- he is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years.

(2) For purposes of this section a person who makes or concurs in making in an account or other document an entry which is or may be misleading, false or deceptive in a material particular, or who omits or concurs in omitting a material particular from an account or other document, is to be treated as falsifying the account or document.

Liability of company officers for certain offences by company.

S substituted 84. (1 ) Where an offence committed by a body corporate under by No 8425 s 2 (lbw section 8 1,82 or 83 is proved to have been committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence, and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, this section shall apply in relation to the acts and defaults of ere

'(8911) 5816231 pp. 40 - 41 S. 83. AMENDl?D as from 1/6/88) by s.7 of 1988 No. 36 and further amended (as from 2S!6/81j) b S. S of 1989 No. ?S to read:- ted S. 85 amended 83A. (l! A pram must not make a false document with the by No. 7876 S. 2 intention that he or shc, or anothcr person, shall use it to inducc anothcr ive (s),~~~~~,~~~~~ rmnto acccpt it as gcnuinc, and by rcason of w accepting it to do or not its DYNO~25~.2 o do some act to that other pcram S, or to another person's prejudice. (1) (W. I'cnalt y: 1n1pnsr)nmcnt for 10 cam. In* SS. (1) amended (2) A pcrson must not use a ,document whici is, and which he or she n a bY~o,957Bs,ll knows to be, falsc, wlth thc intention of induc~nganother person to accept to (1). genuine, and by reawn of w accepting it to do or not to do some act to that other pcrson's, or to anothcr person's prcjudicc. Penalty: Imprisonment for 10 years. (3) A person must not make a copy of a document which is, and which he or she knows to be, a false document, with the intcntion that he or she, or ) a another pcrson, shall use it 10 inducc anothcr person to acccpt it as a copy of be r cnuine documcnt and by rcason of so accept in^ it to do or not to do some aef to that othcr perw,nls, or to anothcr person s prcjudicc. Pcnalty: Imprisonment for 10 ycam. (4) A pcrson must not use a copy of a documcnt which is, and which he ed or she knows to be, a false documcnt, with the intcntion of inducing another a person to acre t it as a CO y of a gcnuinc document and by rcason of so accepting it to 60 or not to $0 some act to that othcr person's, or to another 11s person's prejudice. te

false. n Pcnalty: lnprisonmcnt for 2 ycars. (6) Iior the purpose of this scction, a document is falsc if it purports- (a) to havc becn madc in the form in which it is made by a pcrson who did not in fact makc it in that form; or (b) to havc bccn madc in the form in which it is made on the authority of a pcrson who did not in fact authorise its making in that form; or c to havc becn madc in the tcrms in which it is made by a person o did not in fact makc it in those tcrms; or (d) to havc becn madc in the terms in which it is .made on the authority of a pcrson who did not in fact authorise its making in those tcrms; or (c) to havc been altcrcd in any respect by a person who did not In fact alter it in that respect; or to havc bccn altered in any rcspect on the authority of a person 110 did not in fact author~sethe alteration in . that respect. or (g) to havc been madc or altered on a date on whlch, or at a at which, or otherwise in circumslanccr in which, it war not in fact madc or altcrcd; or

(h) to havc been madc or altered by an existing-. person who did

- not in fact exist. .- (7 For the urpws oi this section, a person *is to be treated as making a false d'aument if the person alters a document so as to make it false in any respect (whether or not it is false in somc other respect apart from that alterat ion). (8j For the purposes of this section an act of omission is to a person's prejudice ~f,and on1 ~f,it is one that, it it occurs- (a) wix result- (i) in the person's temporary or permanent loss of property; or jii) io thc person's bciii dcpiivcd d an opportunity to carn remunerat~on or peafer remuneration; or p-. .- (iii) in the person S bang deprived d an opportunity to ohtain a Cnancial advantage otherwise than by way ol remuncratlon; or (b) will result in any person being given an opportunit - C) to urn remuneration or greater remuneration &m the irst-mentioned person; or (ii) to obta~na financial advantage fmm the first-mentioned mn otherwise than by way ol remuncration* or $c) wilrbe the rc?ult of the person S having accepted a falsc ocumcnt as gcnuinc, or a copy of a false documcnt as a copy of a genuine one, in connection with the pcrson's performance of a duty. (9) In this scction- (a) a reference to inducing a person to acccpt a falsc documcnt as gcnuine, or a copy of a false documcnt as a copy of a gcnuine ocumcnt, shall be read as including a reference to causing a machine to respond to the document or copy as if 11 were a rnuinc documcnt or a copy of a genuine documcnt, as the case may c; and (b) if- [i) a maebine responds to a document or copy and i~)the act or omission intended to be causeb b the machine's o -ding is an act a aniskm that, if irwcrc an act or omiruon of a pcrron would be to a pemn's prejudice within the mcanln dhb-urtion (1)- the act or om~ssimintended to be awe$ b the machine's n, rapondinb shall bc deemed to be an acl or omission to a person S (10) In pmcec$)~J:df~b7-an ofYencc against this section, if it is necessary to allege an intent to inkcc a person to accept a falu documcnt as genuine, or a copy of a false documcnt as a copy of a genuine one, it is not necessary to allege that the accused intended so to inducc a particular person'. S. 83A. AMT!NDBD (as from 25/6/89) by S. 6 of 1989 No. 25. Add ney sccllon as follows:- 838. ?'he offences at common law of forgery and uttering are abolished except as regards offences alleged to have been committed before the commencement of scction 6 of the Crimes Legislation (Miscellaneous Amendments) Act 1989". Crimes No. 6231

a member in connexion with his functions of management as if he were a director of the body corporate.

False statements by company directors, etc.

85. (1) Where an officer of a body corporate or unincorporated ;y",50"7;7";3d2 i association (or person purporting to act as such), with intent to deceive (31, substituted members or creditors of the body corporate or association about its ,4:: w25s affairs, publishes or concurs in publishing a written statement or account Ss (l, amended l which to his knowledge is or may be misleading, false or deceptive in a %NO 9576s 11 I material particular, he is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years. (2) For purposes of this section a person who has entered into a security for the benefit of a body corporate or association is to be treated as a crr;ditor of it. (3) Where the affairs of a body corporate or association are managed by its members, this section shall apply to any statement which a member publishes or concurs in publishing in connexion with his functions of management as if he were an officer of the body corporate or association.

Suppression etc. of documents.

86. (1) A person who dishonestly, with a view to gain for himself ;y",":;;;;;d2 or another or with intent to cause loss to another, destroys, defaces or (3).substituted conceals any valuable security, any will or other testamentary document ,4: :8425 or any original document of or belonging to, or filed or deposited in, ,, ,,,amen,ed any court of justice or any government department is guilty of an by No 9576s l1 indictable offenceand liable to imprisonment for a term not exceeding (11 seven years.

(2) A person who dishonestly, with a view to gain for himself or :;~:);;;;:e;~ another or with intent to cause loss to another, by any deception (1,. procures the execution of a valuable security is guilty of an indictable offence and liable to imprisonment for a term not exceeding seven years and this sub-section shall apply in relation to the making, acceptance, indorsement, alteration, cancellation or destruction in whole or in part of a valuable security, and in relation to the signing or sealing of any paper or other material in order that it may be made or converted into, or used or dealt with as, a valuable security, as if that were the execution of a valuable security. (3) For purposes of this section "deception" has the same meaning as in section 8 1, and "valuable security" means any document creating, transferring, surrendering or releasing any right to, in or over property, i or authorizing the payment of money or delivery of any property, or evidencing the creation, transfer, surrender or release of any such right, 1 or the payment of money or delivery of any property, or the satisfaction 1 of any obligation. 1958 Crimes No. 6231

Blackmail. s.87substituted 87. (1) A person is guilty of blackmail if, with a view to gain for by No. 8425 S. 2 (1) (W. himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief- (a) that he has reasonable grounds for making the demand; and (b) that the use of the menaces is proper means of reinforcing the demand.

(2) The nature of the act or omission demanded is immaterial, and it is also immaterial whether the menaces relate to action to be taken by the person making the demand.

Ss.(3)amended (3) A person guilty of blackmail is guilty of an indictable offence by No. 9576 S. ll (1). and liable to imprisonment for a term not exceeding fourteen years.

Headfng~nserted Offences relating to goods stolen, &c. by No. 8425 S. 2 (1) (b). Handling stolen goods.

dishonestly receives their retention, removal, disposal or realization by or for the benefit of another person, or if he arranges to do so.

Ss. (2) amended (2) A person guilty of handling stolen goods is guilty of an indictable by No. 9576 S. l l (11. offence and liable to imprisonment for a term not exceeding fourteen years.

Ss.(3)insaned (3) Where a married woman handles stolen goods, the fact that the by No. 9073 S.2 (a). person from whom she receives the goods is her husband shall not of itself constitute a defence to a charge under this section.

Advertising rewards for return of goods stolen or lost.

S.89amended 89. Where any public advertisement of a reward for the return of by No. 8181 S. 2 (l),~~b~tit~t~dany goods which have been stolen or lost uses any words to the effect by No. ,,, 8425 S. 2 that no questions will be asked, or that the person producing the goods by~0.9554 will be safe from apprehension or inquiry, or that any money paid for S. 2 (2). the purchase of the goods or advanced by way of loan on them will be repaid, the person advertising the reward and any person who prints or 1958 Crimes No. 623 1

publishes the advertisement shall on summary conviction be liable to a fine not exceeding 5 penalty units.

Scope of offences relating to stolen goods. 90. (1) The provisions of this Act relating to goods which have Ei:t;;;;:d2 been stolen shall apply whether the stealing occurred in Victoria or (I),substituted elsewhere, and whether it occurred before or after the commencement of this Act, provided that the stealing (if not an offence under this Act) amounted to an offence where and at the time when the goods were stolen; and references to stolen goods shall be construed accordingly. (2) For purposes of those provisions references to stolen goods shall include, in addition to the goods originally stolen and parts of them (whether in their original state or not)- (a) any other goods which directly or indirectly represent or have at any time represented the stolen goods in the hands of the thief as beine the ~roceedsof anv dis~osalor ANSTAT 675444 m 677931 S. 88(l). AMENDED (H\ I'IOIII h/l2/K71 l)! , 5 01 sent or 1987 No. 70. JII~CII nltci. .ICCCIVC> t11c gthh1,- I~ILIO~~O,\III~ NOIL~~:. : hands 'or brings thcm in10 Vic-tocia'. .S being hole or S. l). AMENDED (as from 6/1?IH7) I)!, 3 5 01' 19x7 No. 70. insert atier 'assists' the following wort1s:- ,ads so 'h bringing kminto Viaoria or'. (3) But no goods shall be regarded as having continued to be stolen goods after they have been restored to the person from whom they were stolen or to other lawful possession or custody, or after that person and any other person claiming through him have otherwise ceased as regards those goods to have any right to restitution in respect of the theft. (4) For purposes of the provisions of this Act relating to goods which have been stolen (including sub-sections (1) (2) and (3)) goods obtained in Victoria or elsewhere either by blackmail or in the circumstances described in subsection (l) of section 8 1 shall be regarded as stolen; and "steal", "theft" and "thief' shall be construed accordingly.

Possession of housebreaking implements, &c. Heading inserted by No. 8425 S. 2 (1) (W. Going equipped for stealing, etc. 91. (1) A person shall be guilty of an offence if, when not at his ;i;2z;;F2 place of abode, he has with him any article for use in the course of or (31,substitutd in connexion with any burglary, theft or cheat. by NO. 8425 S. 2 (1) (b). (2) A person guilty of an offence under this section shall be liable to imprisonment for a term not exceeding three years. 1958 Crimes No. 623 1 publishes the advertisement shall on summary conviction be liable to a fine not exceeding 5 penalty units.

Scope of offences relating to stolen goods. 90. (1) The provisions of this Act relating to goods which have ;irz;;;;~2 been stolen shall apply whether the stealing occurred in Victoria or (l).substit"ted elsewhere, and whether it occurred before or after the commencement g:; of this Act, provided that the stealing (if not an offence under this Act) amounted to an offence where and at the time when the goods were stolen; and references to stolen goods shall be construed accordingly. (2) For purposes of those provisions references to stolen goods shall include, in addition to the goods originally stolen and parts of them (whether in their original state or not)- (a) any other goods which directly or indirectly represent or have at any time represented the stolen goods in the hands of the thief as being the proceeds of any disposal or realization of the whole or part of the goods stolen or of goods so representing the stolen goods; and (b) any other goods which directly or indirectly represent or have at any time represented the stolen goods in the hands of a handler of the stolen goods or any part of them as being the proceeds of any disposal or realization of the whole or part of the stolen goods handled by him or of goods so representing them. (3) But no goods shall be regarded as having continued to be stolen goods after they have been restored to the person from whom they were stolen or to other lawful possession or custody, or after that person and any other person claiming through him have otherwise ceased as regards those goods to have any right to restitution in respect of the theft. (4) For purposes of the provisions of this Act relating to goods which have been stolen (including sub-sections (1) (2) and (3)) goods obtained in Victoria or elsewhere either by blackmail or in the circumstances described in sub-section ( 1) of section 8 1 shall be regarded as stolen; and "steal", "theft" and "thief' shall be construed accordingly.

Possession of housebreaking implements, &c. Headtng inserted by No. 8425 S. 2 (1) (W. Going equipped for stealing, etc. 91. (1) A person shall be guilty of an offence if, when not at his ;;;:~;fi place of abode, he has with him any article for use in the course of or (31,subst~tuttld in connexion with any burglary, theft or cheat. by No. 8425 S. 2 (1I (W. (2) A person guilty of an offence under this section shall be liable to imprisonment for a term not exceeding three years. 1958 Crimes No. 6231

(3) Where a person is charged with an offence under this section, proof that he had with him any article made or adapted for use in committing a burglary, theft or cheat shall be evidence that he had it with him for such use. ss (4) (4) On the conviction of a person for an offence under this section, subst~tutedby No. 10249 S. 13. the court may order the article to be forfeited to the Crown and disposed of in the manner set out in the order.

Search for stolen goods.

S 92 amended 92. (1) If it is made to appear by information on oath before a by No 7876 s 2 (3).substttuted justice that there is reasonable cause to believe that any person has in by No 8425 s.2 his custody or possession or on his premises any stolen goods, the (1) (W. justice may grant a warrant to search for and seize the same; but no warrant to search for stolen goods shall be addressed to a person other than a constable except under the authority of an enactment expressly so providing.

(2) An officer of police not below the rank of inspector may give a constable written authority to search any premises for stolen goods- (a) if the person in occupation of the premises has been convicted within the preceding five years of handling stolen goods or of any offence involving dishonesty and punishable with imprisonment; or (6) if a person who has been convicted within the preceding five years of handling stolen goods has within the preceding twelve months been in occupation of the premises.

(3) Where under this section a person is authorized to search premises for stolen goods, he may enter and search the premises accordingly, and may seize any goods he believes to be stolen goods. (4) This section is to be construed in accordance with section 90 and in sub-section (2) the references to handling stolen goods shall include any corresponding offence committed before the commencement of the Crinzes (Theft)Act 1973.

Procedure and evidence.

93. (1) Any number of persons may be charged in one indictment or presentment with reference to the same theft, with having at different times or at the same time handled all or any of the stolen goods, and the persons so charged may be tried together.

(2) On the trial of two or more persons for jointly handling any stolen goods the jury may find any of the accused guilty if the jury are satisfied that he handled ail or any of the stolen goods, whether or not he did so jointly with the other accused or any of them. 1958 Crimes No. 623 1

(3) In any proceedings for the theft of anything in the course of transmission (whether by post or otherwise), or for handling stolen goods from such a theft, a statutory declaration made by any person that he despatched or received or failed to receive any goods or postal packet, or that any goods or postal packet when despatched or received by him were or was in a particular state or condition, shall be admissible as evidence of the facts stated in the declaration, subject to the following conditions: (a) a statutory declaration shall only be admissible where and to the extent to which oral evidence to the like effect would have been admissible in the proceedings; and (h) a statutory declaration shall only be admissible if at least 1':;:: by No seven days before the hearing or trial a copy of it has been 9848 l8 (1). given to the person charged, and he has not, at least three days before the hearing or trial or within such further time as the court may in special circumstances allow, given to the informant or the Director of Public Prosecutions as the case requires, written notice requiring the attendance at the hearing or trial of the person making the declaration.

(4) This section is to be construed in accordance with section 90. ANSTAT 6705444 *(87/D)5816231 p. 44 * byS. 94No. amended 7876 S.2 6707931 (3).substltuted by NO.8425 S. 2 MNDED (as froln 1112187) by S 271s) of 1987 No. 19 Omit g. m@). (1) (b), repealed he words "Subject 10 subsecdon (3)". by No. 10260 S. 114. REPEALED (fir Vrn~il111 1/87) by S. 211b) 1987 S. 933). of No. 19. Headlog inserted by No. 8425 S. 2 (1) (b). Husband and wife.

95. (1) This Act shall apply in relation to the parties to a marriage, ;iF;;;;;:d2 and to property belonging to the wife or husband whether or not by (~),~~b~t,t~t~d reason of an interest derived from the marriage, as it would apply if z;; they were not married and any such interest subsisted independently of the marriage. (2) Subject to sub-section (3) a person shall 'have the same right to bring proceedings against that person's wife or husband for any offence (whether under this Act or otherwise) as if they were not married, and a person bringing any such proceedings shall be competent to give evidence for the prosecution at every stage of the proceedings. (3) Proceedings shall not be instituted against a person for any ;z;ty8 offence of stealing or doing unlawful damage to property which at the (1). time of the offence belongs to that person's wife or husband or for any attempt, incitement or conspiracy to commit such an offence, unless the proceedings are instituted by or with the consent of the Director of Public Prosecutions. 1958 Crimes No. 623 1

(3) In any proceedings for the theft of anything in the course of transmission (whether by post or otherwise), or for handling stolen goods from such a theft, a statutory declaration made by any person that he despatched or received or failed to receive any goods or postal packet, or that any goods or postal packet when despatched or received by him were or was in a particular state or condition, shall be admissible as evidence of the facts stated in the declaration, subject to the following conditions: (a) a statutory declaration shall only be admissible where and to the extent to which oral evidence to the like effect would have been admissible in the proceedings; and a statutory declaration shall only be admissible if at least by No, seven days before the hearing or trial a copy of it has been 9848 18 (1). given to the person charged, and he has not, at least three days before the hearing or trial or within such further time as the court may in special circumstances allow, given to the informant or the Director of Public Prosecutions as the case requires, written notice requiring the attendance at the hearing or trial of the person making the declaration.

(4) This section is to be construed in accordance with section 90. * * * * * * * S. 94 amended by No.7876 S.2 (3).substituted by No. 8425 S. 2 (l) (b), repealed by No. 10260 S. 114. General' and consequential provisions Head~ngInserted by No. 8425 S.2 (1) (b). Husband and wife.

95. (1) This Act shall apply in relation to the parties to a marriage, ;;;;;;;;;d2 and to property belonging to the wife or husband whether or not by (l).substttutfl reason of an interest derived from the marriage, as it would apply if 2 a25 " they were not married and any such interest subsisted independently of the marriage. (2) Subject to sub-section (3) a person shall have the same right to bring proceedings against that person's wife or husband for any offence (whether under this Act or otherwise) as if they were not mamed, and a person bringing any such proceedings shall be competent to give evidence for the prosecution at every stage of the proceedings.

(3) Proceedings shall not be instituted against a person for any ~;~~~;~~8 offence of stealing or doing unlawful damage to property which at the (1). time of the offence belongs to that person's wife or husband or for any attempt, incitement or conspiracy to commit such an offence, unless the proceedings are instituted by or with the consent of the Director of Public Prosecutions. 1958 Crimes No. 6231

Provided that this sub-section shall not apply to proceedings against a person for an offence- (a) if that person is charged with committing the offence jointly with the wife or husband; or (b) if by virtue of any judicial decree or order (wherever made) that person and the wife or husband are at the time of the offence under no obligation to cohabit- and provided further that this sub-section shall not prevent the arrest, or the issue of a warrant for the arrest, of a person for an offence, or the remand in custody or on bail of a person charged with an offence, where the arrest (if without a warrant) is made, or the warrant of arrest issues on an information laid, by a person other than the wife or husband.

S. 96 amended * * * * * * * by No. 7876 S. 2 (3),substiMed by No. 8425 S. 2 (1) (b), repealed by No. 10260 S. 114. Ss.97 to 173 repealedby No. 8425 S. 2 (l)(b). S.174 repealed by No. 7704 S. 10.

Heading Secret Commissions Prohibition amended by No. 8425 S. 2 (l)(d). Definitions.

No. 6103 S. 175. 175. (1) For the purposes of this subdivision- "Advice given" and words to the like effect include every report certificate statement and suggestion intended to influence the person to whom the same may be made or given and every influence exercised by one person over another. "Agent" includes any corporation or other person acting or having been acting or desirous or intending to act for or on behalf of any corporation or other person whether as agent partner CO-owner clerk servant employe banker broker auctioneer architect clerk of works engineer barrister and solicitor surveyor buyer salesman foreman trustee executor administrator liquidator trustee within the meaning of any Act relating to bankruptcy receiver director manager or other officer or member of committee or governing body of any corporation club partnership or association or in any other capacity either alone or jointly with any other person and whether in his own name or in the name of his principal or otherwise and a person serving under the Crown. bbContract"includes contract of sale or of employment or any other contract whatever. Crimes No. 623 1

"In relation to his principal's afllairs or business" implies the additional words "whether within the scope of his authority or course of his employment as agent or not". "Person having business relations with the principal" includes every corporation or other person whether as principal or agent carrying on or having carried on or desirous or intending to carry on any negotiation or business with or engaged or having been engaged or desirous or intending to be engaged in the performance of any contract with or in the execution of any work or business for or in the supply of any goods or chattels to any principal and also includes any agent of such corporation or other person. "Principal" includes a corporation or other person for or on behalf of whom the agent acts has acted or is desirous or intending to act.

(89/J) 58/6231 pp. 46 - 47 S. 175 "Trustee". AMIZNDED (as fro? 25/6/89) b S. 20 of 1989 No. 25. Omit the cxpresslon committee ozthe estate under the Mental Ifygienc Act 1958 or person having the powers of such a commit tee" and substitute:- "administrator or guardian under the Guardianship and Administration Board Act 1986". S. 175 "Trustee". REPI!R S. 3 (Schedule Item 42.4) of 1989 No. 57. To be amended butn the amending provision is not yet in force. Omit the cxpression committee of the estate under the Mental Ifygiene Act 1958 or person hhving the powers of such a committee" and substitute:- "admirristrator or guardian under the Guardianship and Administration Board Act 1986'. PI,EASI! NO'I'I!:- S. 3 (Schedule item 42.4) of 1989 No. 57 endeavours to amend s. 175 "Trustee" by omitting the words "committee of the estate under the Merlral flygicne Act 1958 or pcrson having the powers of such a committee". 'These words no longer appear In this section person entitled to obtain probate or me WII or letters WI administration to the estate of a deceased person. "Valuable consideration" includes any money loan office place employment agreement to give employment benefit or advantage whatsoever and any commission or rebate deduction or percentage bonus or discount or any forbearance to demand any money or money's worth or valuable thing and the acceptance of any of the said things shall be deemed the receipt of a valuable consideration. "Valuable consideration" when used in connexion with the offer thereof includes any offer of any agreement or promise to give and every holding out of any expectation of valuable consideration. "Valuable consideration" when used in connexion with the receipt thereof includes any acceptance of any agrwment Crimes No. 6231

"In relation to his principal's affairs or business" implies the additional words "whether within the scope of his authority or course of his employment as agent or not". "Person having business relations with the principal" includes every corporation or other person whether as principal or agent carrying on or having camed on or desirous or intending to carry on any negotiation or business with or engaged or having been engaged or desirous or intending to be engaged in the performance of any contract with or in the execution of any work or business for or in the supply of any goods or chattels to any principal and also includes any agent of such corporation or other person. "Principal" includes a corporation or other person for or on behalf of whom the agent acts has acted or is desirous or intending to act. "Solicit any valuable consideration" and "valuable consideration solicited" and words to the like effect shall be construed with the following directions, namely:-That every agent who diverts obstructs or interferes with the proper course of business or manufacture or impedes or obstructs or fails to use due diligence in the prosecution of any negotiation or business with the intent to obtain the gift of any valuable consideration from any person interested in the said negotiation or business or with intent to injure any such person shall be deemed to have solicited a valuable consideration from a person having business relations with the principal of such agent. "Trustee" includes trustee executor administrator liquidator trustee within the meaning of any Act relating to bankruptcy receiver director committee of the estate under the Mental Hygiene Act 195818 or person having the powers of such a committee or person having power to appoint a trustee or person entitled to obtain probate of the will or letters of administration to the estate of a deceased person. "Valuable consideration" includes any money loan office place employment agreement to give employment benefit or advantage whatsoever and any commission or rebate deduction or percentage bonus or discount or any forbearance to demand any money or money's worth or valuable thing and the acceptance of any of the said things shall be deemed the receipt of a valuable consideration. "Valuable consideration" when used in connexion with the offer thereof includes any offer of any agreement or promise to give and every holding out of any expectation of valuable consideration. "Valuable consideration" when used in connexion with the receipt thereof includes any acceptance of any agreement 1958 Crimes No. 623 1

promise or offer to give and of any holding out of any expectation of valuable consideration. (2) Any act or thing prohibited by this subdivision is prohibited whether done directly or indirectly by the person mentioned or by or through any other person.

Receipt or solicitation of secret commission by an agent an indictable offence.

No 6103s. 176 176. (1) Whosoever being an agent corruptly receives or solicits from any person for himself or for any other person any valuable consideration- (a) as an inducement or reward for or otherwise on account of doing or forbearing to do or having done or forborne to do any act in relation to his principal's affairs or business; or (b) the receipt or any expectation of which would in any way tend to influence him to show or to forbear to show favour or disfavour to any person in relation to his principal's affairs or business; or

SS (2)amended (2) Whosoever corruptly gves or offers to any agent any valuable by Nos. 9554 s. 2 (2).9576 S. 11 (1). consideration- (a) as an inducement or reward for or otherwise on account of doing or forbearing to do or having done or forborne to do any act in relation to his principal's affairs or business; or (h) the receipt or any expectation of which would in any way tend to influence him to show or to forbear to show favour or disfavour to any person in relation to his principal's affairs or business- shall be guilty of an indictable offence, and shall- be liable if a corporation to a penalty of not more than 100 penalty units and if any other person to imprisonment for a term of not more than two years or to a penalty of not more than 100 penalty units or to imprisonment and penalty as aforesaid; and in addition be liable to be ordered to pay to such person and in such manner as the court directs the amount or value according to the estimation of the court of any valuable consideration received or given by him or any part thereof and such order shall be enforceable as a judgment of the court. 1958 Crimes No. 623 1

Secret gifts to parent, wife, child, partner, etc. of agent deemed gifts to agent.

177. (l) Any valuable consideration given or offered to any parent NO. 6103 S. 177. husband wife or child of any agent or to his partner clerk or employe or at the agent's request to any person by any person having business relations with the principal of such agent shall be deemed to have been given or offered to the agent. (2) Any valuable consideration received or solicited by any parent husband wife or child of any agent or by his partner clerk or employe from any person having business relations with the principal of such agent shall be deemed to have been received or solicited by the agent, ..-lfin,. :c :^ ------l *l- -A a* l .* . .. .ed or ANSTAT 675444 677931 S. 176(2). AMENDED (as fro111 1/6/88) hy ~.8(a)(i)01' 19x8 No. 36. table Oliiit tlie exl~res>io~~"100' (wllere twice occurrllig) arid wl?slitu~e:- "1000'. KrSOn No. 6103 S. 178. S. 176(2). AMENDED (ns 1'10111 I /h/HXt 1))' ncipal S. 178 amended s,l(a)(ii) "1' 19x8 No. 36. Olllit lllr CXI)~L'S~~~II'Iuo ~C'HIS. i111d ~11b~lilllle:- by Nos. 9554 S.2 Or in (2).9576 S. 11 (1). 'm year$'. ipal is S. 176(2). AMENDED (;I< (I.C)II~ I /h/XX) I)? s.U(l)(iii) of 19XX Nu. Jh. 011111 nll wcr~cl\ itl1c.r 'nlor15nitl:.

S. ~n. AMENDED (U\ 11.0111 II~~XX)h!. s.U(l,)(i) ol' 19HX No. 36. Ornil 111~.c\oI~.~\I(~II 100- (wli~r~.t~icc t~~~~rri~lg) and s~lhstitt~te:- lission '1000'. iity or -eed to S. 178. AMENDED (as I'I.OIII IIhlKX) I)!* r.l(h)(ii) of 19x8 No 36. O1111iIIIC C'XI)IC\\IOII 'IHI~)cit~\' i~licl ~I[~SI~III~C:- 'm years'. in 100 S. 178. AMENDED (nh 1.1 0111 1 /h/HX) I)v r.l(h)(iii) 01' 19x8 No. 36. 01iii1till words HIIC~'afor~\itid' ~tfor a of not ..,,. ,...ull I W yt;llalLy units or to imprisonment and penalty as aforesaid; and in addition be liable to be ordered to pay to such person and in such manner as the court directs the amount or value according to the estimation of the court of any valuable consideration received or given by him or any part thereof and such order shall be enforceable as a judgment of the court.

Gift or receipt of secret commission in return for advice given.

179. (1) Whenever any advice is given by one person to another ~0.61Ws.179 and such advice is in any way intended to induce or influence the ~;~~!~~~~~e~l person advised- (11. Crimes No. 6231

Secret gifts to parent, wife, child, partner, etc. of agent deemed gifts to agent.

177. ( 1) Any valuable consideration given or offered to any parent NO. 6103 S. 177. husband wife or child of any agent or to his partner clerk or employe or at the agent's request to any person by any person having business relations with the principal of such agent shall be deemed to have been given or offered to the agent. (2) Any valuable consideration received or solicited by any parent husband wife or child of any agent or by his partner clerk or employe from any person having business relations with the principal of such agent shall be deemed to have been received or solicited by the agent, unless it is proved that the valuable consideration was so received or solicited without the consent knowledge or privity of the agent.

Giving or receiving false or misleading receipt or account an indictable offence.

178. If with intent to deceive or defraud the principal any person N0.6103~.178. gives to any agent or any agent receives or uses or gives to the principal &',7,a~~~~~d, any receipt invoice account or document in respect of which or in (2). 9576 S. 11 (1). relation to a dealing transaction or matter in which the principal is interested and which- (a) contains any statement which he knows is false or erroneous or defective in any important particular or is in any way likely to mislead the principal; or (b) omits to state explicitly and fully the fact of any commission percentage bonus discount rebate repayment gratuity or deduction having been made given or allowed or agreed to be made given or allowed- he shall be guilty of an indictable offence, and shall- be liable if a corporation to a penalty of not more than 100 penalty units and if any other person to imprisonment for a term of not more than two years or to pay a penalty of not more than 100 penalty units or to imprisonment and penalty as aforesaid; and in addition be liable to be ordered to pay to such person and in such manner as the court directs the amount or value according to the estimation of the court of any valuable consideration received or given by him or any part thereof and such order shall be enforceable as a judgment of the court.

Gift or receipt of secret commission in return for advice given.

179. ( 1) Whenever any advice is given by one person to another No.6l03 S. 179 and such advice is in any way intended to induce or influence the ~~~~!~~~~~e~l person advised- (11. 1958 Crimes No. 623 1

(a) to enter into a contract with any third person; or (b) to appoint or join with another in appointing or to vote for or to aid in obtaining the election or appointment or to authorize or join with another in authorizing the appointment of any third person as trustee- and any valuable consideration is given by such third person to the person giving the advice without the assent of the person advised the gift or receipt of the valuable consideration shall be an indictable offence, but this sub-section shall not apply when the person giving the advice was to the knowledge of the person advised the agent of such third person, or when the valuable consideration was not given in respect of such advice.

SS. (2)amended (2) Any offer or solicitation of a valuable consideration in respect by No. 9576 S. ll (1 ). of any advice given or to be given by one person to another with a view to induce or influence the person advised- (a) to enter into a contract with the person offering or solicited; or (b) to appoint or join with another in appointing or to vote for or to aid in obtaining the election or appointment or to authorize or join with another in authorizing the appointment of the person offering or solicited as trustee- and with the intent that the gift or receipt of such valuable consideration is not to be made known to the person advised shall be an indictable offence, but this sub-section shall not apply when such first-mentioned person is the agent of the person offering or solicited.

SS. (3) amended (3) Any person on conviction of an indictable offence under any of by No. 9576 S. 11 (1) the provisions of this section shall- Para. (a) (a) be liable if a corporation to a penalty of not more than 100 amended by No. 9554 S, 2 (2). penalty units and if any other person to imprisonment for a term of not more than two years or to pay a penalty of not more than 100 penalty units or to imprisonment and penalty as aforesaid; and (b) in addition be liable to be ordered to pay to such person and in such manner as the court directs the amount or value according to the estimation of the court of any valuable consideration received or given by him or any part thereof and such order shall be enforceable as a judgment of the court.

Secret commission to trustee in return for substituted appointment.

N0.6103~.180. 180. Every person who offers or gives any valuable consideration S.lmam to a trustee and every trustee who receives or solicits any valuable by No. 9576 S. 11 (1). consideration for himself or for any other person without the assent of the persons beneficially entitled to the estate or of a judge of the Supreme 1958 Crimes No. 623 1

Court as an inducement or reward for appointing or having appointed or for joining or having joined with another in appointing or for authorizing or having authorized or for joining or having joined with another in authorizing any person to be appointed in his stead or instead of him and any other person as trustee shall be guilty of an ;nA;rt~hl~n&non n-A chnll

ra. (a) rended by No. 54 S. 2 (2).

S 179 3 a). AknN\lih (as f~om-116188) by s.8(c)(i) of I?88 No. 36. Om~tthe cxpresslon 100" (where tw~~eoccurr~ng) and substitute:- 1000'. S. 179 3 a). AMI!N\lIh (as from 1/6/88) by s.8(c)(ii) of 1988 No. 36. Omit the words "two years" and subst~tute:- .ten ycars'. S. 179 3 a). AMFNbfh as from 25/6/89) by S. 20 of 1989, No. 25. Omlt from tie end of the paragraph the fo1lowlng:- 'and'. S. 179 3) b. REPEA1.61j (as from 1/6/88) by s8(c)(iii) of 1988 No.36. 10.6103s. 181. ;. 181 amended ly Nos. 9554 S. 2 !). 9576 S. l l (1) S. 180. REFER S. 3 (Schedule Item 42,5) of l989 No. 57. To be amended but the amend~ngprovlslon is not yet in force. Omit the words "of a judge". S 180 a AkENblh) (as from !/6/88) by s.8(d)(i) of 1988 No. 36. Omit the expresston 100" (where tycc occurr~ng)and substitute:- 1000'. S. 180 a . AMCN\ll!D (as fpm 1/6/88) by s.8(d)(ii) of 1988 No. 36. Om~tthe words two years" and subst~tutc:- .ten ycars'. S. 180 a . AMI?N\)!!D as from 25/6/89) by S. 20 of 1989 No. 25. Omit from tie end of the paragraph the following:- 'and'. S. 180 b). REPEAI.I?D (as from 1/6/88) by s.s(d)(iii) of 1988 No. 36. S. 181. AMI7,NDI!D (as from -1/6/88) by s.8(c)(i) of 1988 No. 36. Om~tthe cxpresslon 100" (where twiSe occurring) and substitute:- 1000'. S. 181. AMENDED (as ffom 1/6/88) by s.E(e)(ii) of 1988 No. 36. Omit the words two ycars" and s;bstitute:- ten ycars'.

S. 181. No. 6103 s. 182. AM!!NDI?D (as from !/6/88), by s.8(e)(iii) of 1988 No. 36. S. 1 82 amended Omit all words after aforesa~d. by No. 9576 S. l l ._------,--.,(1). Lhiih if auth6rized would bk in contraGention of a& of the provisions of this subdivision shall be guilty of an indictable offence, and shall- 1958 Crimes No. 623 1

Court as an inducement or reward for appointing or having appointed or for joining or having joined with another in appointing or for authorizing or having authorized or for joining or having joined with another in authorizing any person to be appointed in his stead or instead of him and any other person as trustee shall be guilty of an indictable offence, and shall- (a) be liable if a corporation to a penalty of not more than 100 ;;:"gd No, penalty units and if any other person to imprisonment for a 9554 2 (2). term of not more than two years or to pay a penalty of not more than 100 penalty units or to imprisonment and penalty as aforesaid; and (b) in addition be liable to be ordered to pay to such person and in such manner as the court directs the amount or value according to the estimation of the court of any valuable consideration received or given by him or any part thereof and such order shall be enforceable as a judgment of the court.

Aiding and abetting offences within or outside Victoria.

181. Every person who being within Victoria knowingly aids, abets, No.6103~.lel. counsels. or procures, or who attempts or takes part in or is in any way ~;~",'~~''d~2 privy to- (2). 9576 S. 11 (1) (a) doing any act or thing in contravention of this subdivision; (b) doing any act or thing outside Victoria, or partly within and partly outside Victoria, which if done within Victoria would be in contravention of this subdivision- shall be guilty of an indictable offence, and shall- be liable if a corporation to a penalty of not Inore than 100 penalty units and if any other person to imprisonment for a term of not more than two years or to pay a penalty of not more than 100 penalty units or to imprisonment and penalty as aforesaid; and in addition be liable to be ordered to pay to such person and in such manner as the court directs the amount or value according to the estimation of the court of any valuable consideration received or given by him or any part thereof and such order shall be enforceable as a judgment of the court.

Liability of directors etc. acting without authority.

182. Every director manager or officer of a company and every N0.6103~.182. person acting for another who knowingly takes part in or is in any way :g:?, privy to doing or who attempts to do any act or thing without authority (1). which if authorized would be in contravention of any of the provisions of this subdivision shall be guilty of an indictable offence, and shall- 1958 Crimes No. 6231

Para. (a) (a) be liable if a corporation to a penalty of not more than 100 amended by No. 9554 S. 2 (2). penalty units and if any other person to imprisonment for a term of not more than two years or to pay a penalty of not more than 100 penalty units or to imprisonment and penalty as aforesaid; and (b) in addition be liable to be ordered to pay to such person and in such manner as the court directs the amount or value according to the estimation of the court of any valuable consideration received or given by him or any part thereof and such order shall be enforceable as a judgment of the court. No. 6103 S. 183 * * * * * * * S 1 83 repealed by No. 10260 S. 114 Protection of witness giving answers criminating himself. No.6103~.184. 184. A person who is called as a witness in any proceedings shall not be excused from answering any question relating to any offence under this subdivision on the ground that the answer thereto may criminate or tend to criminate him: Provided that- (a) a witness who in the judgment of the court or justices answers truly all questions which he is required by the court or justices to answer shall be entitled to receive a certificate from the court or justices stating that such witness has so answered; and (6) an answer by a person to a question put by or before the court or justices in any proceeding under this subdivision shall not except in the said proceeding or in the case of any criminal proceedings for pe jury in respect of such evidence be in any proceeding civil or criminal admissible in evidence against him.

Stay of proceedings against such witness.

No.6103~.185. 185. When a person has received a certificate as aforesaid and any criminal proceeding is at any time instituted against him in respect of the offence which was in question in the proceeding in which the said person was called as a witness the court or justices having cognizance of the case shall on proof of the certificate and of the identity of the offence in question in the two cases stay the proceedings.

Custom of itself no defence. No.6103~.~86. 186. (1) In any prosecution under this subdivision it shall not amount to a defence to show that any such valuable consideration as is mentioned in this subdivision is customary in any trade or calling. 1958 Crimes No. 623 1

(2) For the purposes of this subdivision where it is proved that any valuable consideration has been received or solicited by an agent from or given or offered to an agent by any person having business relations with the principal without the assent of the principal the burden of proving that such valuable consideration was not received solicited given or offered in contravention of any of the provisions of this subdivision shall be on the accused. * * * * * * * Ss. (3)repealed by No. 7546 S. 5. * * * Ss. (4)repealed * * * * by No. 9848 S. 18 (1). (5) Every information for any offence under this subdivision shall

ieading substituted by Jo. 8425 S. 2 (1) e) (as amended '(89IJ) 5816231 pp. 52 - 53 >y,No.9019s.2 S. 182 a . AMFNi1!!D (as from -1/6/88) by s.8(r)(i) of lq88 No. 36. Ss. 187 to 190 Omlt the expresslon 100' (where tw~:c occurring) and substitute:- .epealed by No. 1000'. 3425 S. 12 (1) (9. k+$%%D (as from 1/6/88) by s.EJ(e)(ii) of 1988 No. 36. Om~tthe words "two years' and subst~tute: No. 6103 S. 191. ten years". Ss. (l)amended by 9576 s 11 S 182 a No. Ak.ENbkD as from 25/6/89) by S. 20 of 1989. No. 25. (1). Omlt from tie end of the paragraph the following:- 'and'. S. 182 b) REPELLcD (as from 1/6/88) by s.8(f)(iii) of 1988 No 36. S. 184. REFER S. 3 (Schedule Item 42,6) of l989 No. 57. To bc amended bul the amending provision IS not yet in force. Omit the words "or justices" (wherever occurring).

REFER S. 3 (Schedule Item 42,7) of I989 No. 57. TO be amcndcd but the amcnd~ngprovlston IS not yet in force. Omit the words "or justices". S. 186 5). REPEA S 3 (~chedu~cItem 42:8) of 198.9 ~p.57. To be amcndcd "but the am~nd~ngprovlslon IS not yet in force. Omit the word information and substit utc:-

Uy ~L~JUAXO 1.1 yavaaro U.~a.vvrr~v us.v&v- rv rav UA bU U& likely to arise from the acquisition holding management or disposal of any property other than securities; or (C) to enter into or offer to enter into an agreement the purpose or pretended purpose of which is to secure a profit to any of the parties by reference to fluctuations in the value of any property other than securities- shall be guilty of an indictable offence and liable to be imprisoned for a term of not more than seven years. 1958 Crimes No. 623 1

(2) For the purposes of this subdivision where it is proved that any valuable consideration has been received or solicited by an agent from or given or offered to an agent by any person having business relations with the principal without the assent of the principal the burden of proving that such valuable consideration was not received solicited given or offered in contravention of any of the provisions of this subdivision shall be on the accused. * a * * * * * Ss. (3) repealed by No. 7546 S. 5. * * * * * * a Ss. (4) repealed by No. 9848 S. 18 (1 ). (5) Every information for any offence under this subdivision shall be upon oath.

Fraudulently inducing persons to in vest Heading subst~tutedby No. 8425 S. 2.(1) (e) (as amended by No. 9019 S. 2 (1) 1. * * * * * * * Ss. 187 to 190 repealed by No. 8425 S. 12 (l)(9. Fraudulently inducing persons to invest money.

191. (1) Any person who, by any statement promise or forecast No.6103s. 191. which he knows to be misleading false or deceptive or by any dishonest ~~~~'!$'~~~~, concealment of material facts or by the reckless making of any statement (1). promise or forecast which is misleading false or deceptive, induces or attempts to induce another person- (a) to enter into or offer to enter into- (i) any agreement for or with a view to acquiring disposing of subscribing in or underwriting securities or lending or depositing money to or with any corporation; or (ii) any agreement the purpose or pretended purpose of which is to secure a profit to any of the parties from the yield of securities or by reference to fluctuations in the value of securities; or (6) to acquire or offer to acquire any right or interest under any arrangement the purpose or effect or pretended purpose or effect of which is to provide facilities for the participation by persons in profits or income alleged to arise or to be likely to arise from the acquisition holding management or disposal of any property other than securities; or (c) to enter into or offer to enter into an agreement the purpose or pretended purpose of which is to secure a profit to any of the parties by reference to fluctuations in the value of any property other than securities- shall be guilty of an indictable offence and liable to be imprisoned for a term of not more than seven years. 1958 Crimes No. 6231

(2) Any person guilty of conspiracy to commit any offence against the last preceding sub-section shall be punishable as if he had committed such an offence.

Ss (3) amended (3) In this section unless inconsistent with the context or by No 6716s 2 subject-matter- ''corp~ration"means any body corporate whether incorporated in Victoria or elsewhere; "debentures" means any debentures debenture stock or bonds of a corporation, whether constituting a charge on the assets of the corporation or not; "securities" means- (a) shares or debentures or rights or interests (whether described as units or otherwise) in any shares or debentures; or (b) securities of the Government of any part of Her Majesty's dominions or the Government of any foreign state; or (c) rights (whether actual or contingent) in respect of money lent to or deposited with any corporation- and includes rights or interests (whether described as units or otherwise) which may be acquired under any trust scheme under which all property for the time being subject to any trust created in pursuance of the scheme consists of such securities as are mentioned in paragraph (a) (b) or (c) of this interpretation; "shares" means shares in the share capital of a corporation or stock of a corporation.

Evidence of financial position of company.

No.6103s.192 192. Upon the trial of a charge for any offence against section one hundred and ninety or one hundred and ninety-one of this Act the opinion of any properly qualified auditor or accduntant as to the financial position of any company at any time or during any period in respect of which he has made an audit or examination of the affairs of the company according to recognized audit practice shall be admissible either for the prosecution or for the defence as evidence of the financial position of the company at that time or during that period notwithstanding that the opinion is based in whole or in part on book-entries documents or vouchers or on written or verbal statements by other persons. S 193 repealed * * * * * * * by No 9848 s 18 (1) Sub-DIV (21) * a * * * * * (Head~ngand ss 194.195) repealed by No 8425 S 2 (1) (1). 1958 Crimes No. 623 1 55

Division 3-Criminal Damage to PropertyI9 Div. 3 Heading repealed by No. 9228 S. 2 (l)(c). new Div. 3 Heading inserted by No. 9228 S. 2 (1 (d). (1) General Oflences and Procedural Provisions Sub-Headlog (l) repealed by No. 9228 S. 2 (l) (c), new Sub- Heading (l) inserted by No. 9228 S. 2 (1) (4). Definition.

196. (1) In this subdivision- s. 196 repealed by No. 9228 S. 2 "Property" means property of a tangible nature, whether real or ];:~;2;;;,96 personal, including money and including wild creatures 9228 2 (1) (d). which have been tamed or are ordinarily kept in captivity and any other wild creatures or their carcasses if, but only if, they have been reduced into possession which has not been lost or abandoned or are in the course of being reduced into possession. (2) For the purposes of this subdivision property shall be treated as belonging to any person- (a) having the custody or control of it; (6) having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest); or (c) having a charge on it. (3) For the purposes of this subdivision property which is subject to a trust shall be treated as belonging to the trustee or trustees and the person or persons who have a right to enforce the trust. (4) For the purposes of this subdivision property of a corporation sole shall be treated as belonging to the corporation notwithstanding a vacancy in the corporation.

Destroying or damaging property. 197. (1) A person who intentionally and without lawful excuse ;2g;; destroys or damages any property belonging to another or to himself (I)(,), 19, and another shall be guilty of an indictable offence and liable to ,"~~~d$~~i, imprisonment for a term of not more than ten years.

(2) A person who intentionally and without lawful excuse destroys or damages any property, intending by the destruction or damage to endanger the life of another, shall be guilty of an indictable offence and liable to imprisonment for a term of not more than twenty years. 1958 Crimes No. 6231

(3) A person who dishonestly, with a view to gain for himself or another, destroys or damages any property shall be guilty of an indictable offence and liable to imprisonment for a terrn of not more than fifteen years. (4) For the purposes of sub-sections (1) and (2) a person who destroys or damages property shall be taken as doing so intentionally if, but only if- (a) his purpose or one of his purposes is to destroy or damage property; or (6) he knows or believes that his conduct is more likely than not to result in destruction of or damage to property. (5) For the purposes of sub-section (2), a person who destroys or damages property shall be treated as intending thereby to endanger the life of another if, but only if- (a) his purpose or one of his purposes is to endanger the life of another by the destruction or damage; or (6) he knows or believes that the life of another is more likely than not to be endangered by the destruction or damage. (6) An offence against this section committed by destroying or damaging property by fire shall be charged as arson.

Threats to destroy or damage property.

S :Barepealed 198. A person who without lawful excuse makes to another a by No 9228 S 2 (l)(c) news 198 threat- ~nsertedby No 9228 S 2 (1) 14) (a) to destroy or damage any property belonging to that other or a third person or to himself and that other or a third person; or (b) to destroy or damage his own property in a way which he knows or believes is more likely than not to endanger the life of that other or a third person- shall, if he made the threat with the purpose of causing the other to fear that it would be carried out, be guilty of an indictable offence and liable to imprisonment for a terrn of not more than ten years.

Possessing anything with intent to destroy or damage property. s 199repealed 199. A person who has anything in his custody or under his by No 9228 S 2 /I)(c) news 199 iniened by NO 9228 S 2 (1 ) (d) (a) with the purpose of using it, or causing or permitting another to use it, without lawful excuse- (i) to destroy or damage any property belonging to some other person or to himself, the user or both of them and some other person; or 1958 Crimes No. 623 1

(ii) to destroy or damage any property in a way which he knows or believes is more likely than not to endanger the life of some other person; or (b) with the purpose of using it, or causing or permitting another to use it, dishonestly and with a view to gain for himself or another, to destroy or damage property- shall be guilty of an indictable offence and liable to imprisonment for a term of not more than ten years.

* * * * * * * S. 200 repealed by No. 9228 S. 2 (l) (c), new S. 200 inserted by No. 9228 S. 2 (l)(d). repealedby No. 9576 S. 11 (1).

Lawful excuse. 201. (1) This section applies to any offence under section 197 (l), E$;, ~~7;;; 198 (a) or 1 99 (a) (i). (1) (c). new S. 201 inserted bv No. 9228 S. 2-(1) (d). (2) A person charged with an offence to which this section applies shall, whether or not he would be treated for the purposes of this subdivision as having a lawful excuse apart from this sub-section, be treated for those purposes as having a lawful excuse- (a) if at the time of the conduct alleged to constitute the offence he believed- (i) that the property in question belonged solely to himselc (ii) that he held a right or interest in the property in question which authorized him to engage in the conduct; or (iii) that the person or persons whom he believed to be entitled to consent to the destruction or damage in question had so consented or would have so consented if he or they had known the circumstances of the destruction or damage; or (b) if he engaged in the conduct alleged to constitute the offence in order to protect property belonging to himself or another or a right or interest in property which was or which he believed to be vested in himself or another, and at the time of such conduct he believed- (i) that the property, right or interest which he sought to protect was in immediate need of protection; and (ii) that the means of protection adopted or proposed to be adopted were or would be reasonable having regard to all the circumstances.

(3) For the purposes of this section it is immaterial whether a belief is justified or not if it is honestly held. Crimes No. 623 1

(4) For the purposes of sub-section (2) a right or interest in property includes any right or privilege in or over land, whether created by grant, licence or otherwise. (5) This section shall not be construed as taking away or otherwise affecting any other defence recognized by law as a defence to criminal charges.

Jurisdiction of magistrates' courts.

s.202repealed 202. Neither any rule of law ousting the jurisdiction of magistrates' by No. 9228 S. 2 MW S. 202 courts to try offences where a dispute of title to property is involved nor section 54 of the Magistrates' Courts Act 1971 shall preclude , magistrates' courts from trying offences mentioned in this subdivision or from trying any other offences of destroying or damaging property.

S. 203 repealed by No. 9228 S. 2 (1)(C).

S. 203A ~nserted by No. 8280 S. 12, amended by No.9019 S. 2(1). repealed by No. 9228 S 2 (l)(c).

Prevtous Sub Head~ng(2) repealed by No. 9228 S. 2 (l)(c).

Ss. 204 and 205 repealed by No. 9228 S. 2 (l)(c). SubHeadlng (3) (2) Injuries to Buildings &c. by Rioters and Forcible Entries and repealed by No. 9228 S. 2 (l)(c). Detainers new Sub- Heading (2) inserted by No. 9228 S. 2 (l)(e). Rioters demolishing buildings.

No 6103s. 206 *O206. (1) Whosoever is one of any persons riotously and Ss (l)amended by No 9576 S. 11 tumultuously assembled together to the disturbance of the public peace (1). who unlawfully and with force demolish or pull down or destroy or begin to demolish pull down or destroy any church chapel meeting-house or other place of divine worship, or any house stable coach-house outhouse warehouse office shop mill malthouse hopoast barn granary shed hovel or fold, or any building or erection used in farming land or in carrying on any trade or manufacture or any branch thereof, or any building other than such as are in this section before mentioned belonging to the Queen or the Government of Victoria or to the council or body corporate of any city town borough or shire or belongng to any university, or devoted or dedicated to public use or ornament, or erected or maintained by public subscription or 1958 Crimes No. 623 1

contribution, or any machinery (whether fixed or movable) prepared for or employed in any manufacture or any steam-engine or other engine for sinking working ventilating or draining any mine, or any staith building or erection used in conducting the business of any mine or any bridge waggon-way tramway trunk or shoot for conveying minerals from any mine, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than fifteen years.

(2) Whosoever is one of any persons riotously and tumultuously :;;:I, ;;;;te;l assembled together to the disturbance of the public peace who (l). unlawfully and with force injure or damage any such place building or erection or thing as is in the last sub-section mentioned, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than five years.

Forcible entry.

207. (1) No person except where entry is given by the law shall No.6103s.207. make an entry upon land in a manner likely to cause a breach of the peace or reasonable apprehension of breach of the peace. Except as aforesaid it is immaterial whether he is entitled to enter upon the land or not. (2) No person being in actual possession of land for a period of less than three years by himself or his predecessors shall without colour of right hold possession of it in a manner likely to cause a breach of the peace or a reasonable apprehension of a breach of the peace against a person entitled by law to the possession of the land and able and willing to afford reasonable information as to his being so entitled.

(3) Every person who is guilty of a contravention of this section ;;~~~~~lod~~ shall be guilty of an indictable offence and liable to imprisonment for a (2). 9576 S. term of nnt more than nnp vpar or to a fineof not more than 50 penalty DS. It(1~.

(89lJ) 58/6231 pp. 58 - 59 adingand '. (4) S. 202. repealed RBFI!R S. 3 (Schedule Item 42,9) of l989 No. 57. 1228 S. 2 To be amended but the amend~ngprovrslon IS not yet in force. Omit the words "Neither any" and su?stitute:- No'. ading and . (5) S. 202. and 210) REFI!R S. 3 (Schedule Item 42.9) of 1989 No. 57. 3 by No. To be amended cut the amepding provision is not yet in force. 2 (1)(C). Omit the words magistrates courts" (wherever occurring) and in each case substitute:- adlng and . (6) 'the Magistrates' Court'. to 219) No. S. 202. d by 2 (3). S. REFL!R 3 (Schedule Item 42.9) of 1989 No. 57. j by No. To be amended but !he amending provision is not yet in force. (1) Omit the expression nor section S of the hfagistratcs' Courts Act 1971". 2 (c). tding and S 206 1). ~E1'1!6 S. 4 (SC~C~U~C2 ,tern 20.1) or ,lp89 ,NO. 12. to(7) 222) To be amended but the amend~n provlslon 1s not yet in force. d by NO. Omit the words "the council or bo& corporate of any city borough town or shiren ? (3). and substitute:- I by NO. 'any municipal council'. (1 (C). Crimes No. 6231

contribution, or any machinery (whether fixed or movable) prepared for or employed in any manufacture or any steam-engine or other engine for sinking working ventilating or draining any mine, or any staith buildir~gor erection used in conducting the business of any mine or any bridge waggon-way tramway trunk or shoot for conveying minerals from any mine, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than fifteen years. (2) Whosoever is one of any persons riotously and tumultuously ;;iE);;;;ty, assembled together to the disturbance of the public peace who (1). unlawfully and with force injure or damage any such place building or erection or thing as is in the last sub-section mentioned, shall be guilty of an indictable offence,and shall be liable to imprisonment for a term of not more than five years.

Forcible entry.

207. (1) No person except where entry is given by the law shall N0.6103~.207. make an entry upon land in a manner likely to cause a breach of the peace or reasonable apprehension of breach of the peace. Except as aforesaid it is immaterial whether he is entitled to enter upon the land or not. (2) No person being in actual possession of land for a period of less than three years by himself or his predecessors shall without colour of right hold possession of it in a manner likely to cause a breach of the peace or a reasonable apprehension of a breach of the peace against a person entitled by law to the possession of the land and able and willing to afford reasonable information as to his being so entitled. (3) Every person who is guilty of a contravention of this section ;;izpg;y2 shall be guilty of an indictable offence and liable to imprisonment for a (21,9576 S. 11 (1). term of not more than one year or to a fine of not more than 50 penalty units or to both such fine and imprisonment. * * * * * * * Sub-Headingand Sub-Div. (4) (S. 208) repealed by No. 9228 S.2 (1) (C). * Sub-Heading and Sub-Div. (5) (ss. 209 and 21 0) repealed by No. 9228 S. 2 (l)(c). * Sub-Heading and Sub-Div. (6) (SS.21 1 to 219) amended by No. 7876 S. 2 (3). repealed by No. 9228 S. 2 (l)(c). * Sub-Heading and Sub-Div. (7) (SS. 220 to 222) amended by No. 7876 S. 2 (3). repealed by No. 9228 S. 2 (l)(c). Crimes No. 6231

Sub-Headlngand * * * * * * * Sub-DIV (8) (ss. 223 and 224) repealed by No. 9228 S. 2 (l)(c).

Sub-Heading (3) (3) Interference with Mines, Sea Banks &C., Railways and Navigation inserted by No 9228 S. 2 (1) (1). Aids

Conveying water into a mine.

No.6103~.225. 225. Whosoever unlawfully and maliciously causes any water to be S. 225 amended by No, 9576s. l1 conveyed or run into any mine or into any subterraneous passage (1). communicating therewith with intent thereby to destroy or damage such mine or to hinder or delay the working thereof, or with the like intent unlawfully and maliciously pulls down fills up or obstructs or damages with intent to destroy obstruct or render useless any airway waterway drain pit level shaft or drive of or belonging to any mine, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than five years. This provision shall not extend to any damage committed underground by any owner of any adjoining mine in working the same or by any person duly employed in such working. S. 226 repealed * * * * * a * by No. 9228 S. 2 (1) (C). SubHeadtng (9) * * * * * * * repealed by No. 9228s. 2 (l)@)

S. 227 repealed * * * * * * * by No. 9228 S. 2 (1) (C).

Removing etc. piles of sea banks.

No.6103s.228. 228. Whosoever unlawfully and maliciously cuts off draws up or S. 228 amended by No. 9576 , removes any piles chalk or other materials fixed in the ground and used (1). for securing any sea bank or sea wall or the bank dam or wall of any river canal drain aqueduct marsh reservoir pool port harbor dock quay wharf jetty or lock, or unlawfully and maliciously opens or draws up any floodgate or sluice or does any other injury or mischief to any navigable river or canal with intent to obstruct or prevent the carrying on completing or maintaining the navigation thereof, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than five years. Sub-Head~ngand * * * * * * a SubD~v(10) (S 229) repealed by No. 9228 S. 2 (l)@).

Sub-Head~ngand Sub-DIV.(1 1) (ss. 230 and 231) repealed by No. 9228 S. 2 (l)(c). 1958 Crimes No. 623 1 6 1

* * * * * * * Sub-Heading (12) repealed by No. 9228 S. 2 (1) (C). Placing things on railways to obstruct or overturn engine etc.

*'232. Whosoever unlawfully and maliciously puts places casts or NO. 6103 S. 232. throws upon or across any railway any wood stone or other matter or iF;;zetl thing, or unlawfully and maliciously takes up removes or displaces any (1). rail sleeper or other thing belonging to any railway, or unlawfully and maliciously turns moves or diverts any points or other machinery belonging to any railway, or unlawfblly and maliciously makes or shows hides or removes any signal or light upon or near to any railway, or unlawfully and maliciously does or causes to be done any other matter or thing with intent in any such case to obstruct upset overthrow injure or destroy any engine tender carriage or truck on such railway, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than ten years.

Obstructing engine, carriage etc. on railway.

21233.Whosoever by any unlawful act or by any wilful omission or ~0.6103S. 233. neglect obstructs or causes to be obstructed any engine or carriage on E;:: i~~~~, any railway, or aids or assists therein, shall be guilty of an indictable (1). offence, and shall be liable to imprisonment for a term of not more than two years. * * * * rC * * S. 234 repealed by No. 9228 S. 2 (1 (c).

* * * * rL * * S. 235 amended by Nos. 7876 S.2 (3),8247 S. 4. repealed by No. 9228 S. 2 (l) (c).

* Sub-Heading and Sub-Div. (13) (S. 236) repealed by No. 9228 S. 2 (1) (C).

* Sub-Heading and SubDiv. (14) (ss. 237 and 238) amended by Nos. 8181 S. 2 (1). 8870 3. 2 (1) (2), repealed by No. 9228 S. 2 (l)(c).

* Sub-Heading (15) repealed by No. 9228 S. 2 (l)(c).

* Ss. 239 to 243 repealed by No. 9228 S. 2 (l) (c). Crimes No. 623 1

Altering signals or exhibiting false ones.

No.6103s.244. 244. Whosoever unlawfully masks alters or removes any light or S. 244 amended by No ll signal or exhibits any false light or signal with intent to bring any ship (1). vessel or boat into danger, or unlawfully and maliciously does anything tending to the immediate loss or destruction or any ship vessel or boat and for which no punishment is hereinbefore provided, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than fifteen years.

Removing buoy etc.

N0.6103~.245. 245. Whosoever unlawfully and maliciously cuts away casts adrift S. 245 amended by , removes alters defaces sinks or destroys or in any other manner injures (1). 9576 S. 11 (1). or conceals, or unlawfully and maliciously does any act with intent to cut away cast adrift remove alter deface sink destroy, or in any other manner injure or conceal, any boat buoy rope perch or mark used or intended for the guidance of seamen or the purpose of navigation, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than five years. S. 246 repealed * * * * * * * by No. 9228 S. 2 (1) (C).

Sub-Heading (4) Injuries to Aircraft (15A) ~nsertedby No. 7088 S. 2 (d). repealed by No. 9228 S. 2 (1) (C), new Sub- Heading (4) inserted by No. 9228 S. 2 (1) (g). Endangering safe operation of an aircraft. s.246Alnsertd 246~.Any person who does any act or thing with intent to prejudice by No. 7088 S. 2 (d), amemby the safe operation of an aircraft shall be guilty of an indictable offence No.9576 l1 and liable to imprisonment for a term of not more than fifteen years. (1). Setting fire, etc. to aircraft. s.2aeinmed 2468. Any person who unlawfully and maliciously sets fire to or in by No. 7088 S. 2 (d), am- by any way destroys any aircraft whether complete or incomplete shall be No.9576 guilty of an indictable offence and shall be liable to imprisonment for a (1). term of not more than fifteen years.

Endangering safety of aircraft. s.24xlnmd 246~.Any person who while on board an aircraft does any act or by No. 7088 S. 2 (d), ame- by thing that is likely to endanger the safety of the aircraft shall be guilty No.9576s. l1 of an indictable offence and shall be liable to imprisonment for a term (1). of not more than seven years. 1958 Crimes No. 623 1

Dangerous goods on aircraft.

246~.(1) Subject to this section any person who- S. 2460 inserled by No. 7088 S. 2 (4. (a) carries or places dangerous goods on board an aircraft; Ss. (l) amended ,, No. g,,6 ,,, (b) delivers dangerous goods to a person for the purpose of 'l'. their being placed on board an aircraft; or (c) has dangerous goods in his possession on board an aircraft- shall be guilty of an indictable offence and shall be liable to imprisonment for a term of not more than seven years. (2) This section does not apply- (a) to or in relation to any act done with the consent of the owner or operator of the aircraft given with a knowledge of the nature of the goods concerned; or (b) to or in relation to the carrying or placing of firearms or ammunition for firearms on board an aircraft with permission granted under the Air Navigation Regulations of the Commonwealth. (3) In this section "dangerous goods" means- (a) firearms, ammunition, weapons and explosive substances; and (b) substances or things that, by reason of their nature or condition, may endanger the safety of an aircraft or of persons on board an aircraft.

Threats to safety of aircraft. 246%. Any person who threatens, states that it is his intention, or g*&6:%;2 makes a statement from which it could reasonably be inferred that it is (d,, .mended by his intention to destroy damage or endanger the safety of an aircraft or :;a76 l1 to kill or injure all or any of the persons on board an aircraft shall be guilty of an indictable offence and liable to a term of imprisonment for not more than two years.

* Sub-Heading (l58) inserted by No. 91 55 S. 4 (a), repealed by No. 9228 S. 2 (l) (c).

* S. 246F inserted by No. 7088 S. 2 (d), substituted by No. 9155 S. 4 (b). repealed by No. 9228 S. 2 (1) (C). Crimes No. 623 1

Sub-Head~ng(5) (5) False Statements inserted by No. 9228 S. 2 (l)(h) (as amended by No. 9427 s 6 (1))

False statements.

247repeaied 247. Any person who makes a statement or conveys information, by No. 9228 S. 2 (I)(c),news. 247 being a statement or information that he knows to be false, to the effect , or from which it could reasonably be inferred that there has been or is (as amended by to be a plan, proposal, attempt, conspiracy or threat to- No 9427 S 6 (1)). amended by NO 9576s I I (1) (a) take or exercise control by force or violence of any building (including any structure in the nature of a building or any bridge or mine) aircraft, vessel, motor vehicle or engine or carriage used upon a railway; (6) destroy, damage or endanger the safety thereof; or (c) kill or injure all or any of the persons therein or thereon- shall be guilty of an indictable offence and shall be liable to imprisonment for a term of not more than two years. Sub-Head~ngand * * * * * * * Sub-DIV.(l 6) (S.247) repealed by No. 9228 S 2 (1) (C).

Sub-Head~ngand sub-DIV.(1 7) Repeal of Divisions relating to forgery and coinage offences (S 248) amended by 887Or, 8. (l) Divisions 4 and 5 of Pan I of the Principal Act are repealed. repealed by No. 1- 9228 S 2 (1 ) (C). (2) In section 69 (1) of the Magistrates' Court Act 197 (a) paragraph is repealed; and Sub-Head~ngand Sub-DIV (18) (6) in paragraph (n), for "(g), (11 or m" substitute "(g)or (i)". (S 249) repealed by NO 9228 S 2 (3) In Schedule 4 to the Magistrates' Court Act 1989, items 45, 46 (1) (C) and 47 are repealed. Sub-Headtng an$ Sub-DIV (19) , Repeal of associated sections (ss 250 and 361) repealed by No. . 9. Sections 385, 407, 468 and 469 of the Pr~ncipalAct are repealed. 9228 S 2 (l)(c).

Division 4-Forgery &c.22 Definitions.

NO 6103s 252 252. ( 1 ) Whenever in this Division any document is referred to by any name or designation such reference shall be deemed to include any document purporting to be a document of such name or designation. (2) In this Division unless inconsistent with the context or subject-matter- "Forge" includes counterfeit. "Utters" includes utters offers disposes or puts off. 1958 Crimes No. 623 1

(1) Forging Her Majesty's Seal and Other Seals2? Forging seal of Her Majesty etc.

253. Whosoever forges or utters knowing the same to be forged, 6103s 253 any of Her Majesty's seals, or the seal of Victoria or the seal of the &2,:sar7"5"0"ed Supreme Court of the State of Victoria, or forges the stamp or impression S 96 9576 S 11 of any of the seals aforesaid, or utters any document or instrument 'l' having thereon or affixed thereto the stamp or impression of any such forged seal knowing the same to be the stamp or impression of such forged seal, or any forged stamp or impression made or apparently intended to resemble the stamp or impression ofany such seal knowing the same to be forged, or forges or alters or utters knowing the same to be forged or altered any document or instrument having any of the said stamps or impressions thereon or affixed thereto, shall be guilty of an indictable offence,- - and shall be liable to imprisonment for a term of not flwTELEPHONE

(8911) 5816231 pp. 64 - 65 ,1035 254 4 amended PART I Divisions 4 & S (Ss. 252 to 313 . 3 9576 S 11 RBPEAI.ED (as from 25/6/87) by S. 8 o? 1989 No. 25. PART I Division 4 Sub-division 2 llcadin . REPER S. 4 (Schedule 2 Itern 20.2) of 19B9 No. 12. To be amended !ut the amendinj provrsron IS not yet in force. Omit the words Munici~alSeals and substitute:- 'Seals of municipal couacils'. PLEASE NOT!?:- S. 4 (Schedule 2 Item 20.2) of 198'1 No. 12 endeavours to amend PART I Divrsron 4 Sub-divrsran 2 IIeading by ornrtting the words Municipal Seals". Thrs sectron has been repealed. S. 255. REFER S. 4 (Schedule 2 Item 20.3) of ,1989 ,No. 12. To be amended but the arnend.nk grovlslon IS not yet in force. Omit the words "munrcipality inc u ing the city of hlelbourne and the city of Geelong" and substitute: - 'munici al council'. PI.EASI! NOTE:- S. 4 (Schedule 2 lrern fc.3) of 1989 No. 12 endeavours to amend S. 255 by omitting !he words "mun~cipalityincludin the city of hlelbourne and the city of Geelong". I'his section has been repealed!

or impressron or any sucn seal Knvwilig LII~3iIlIlt: LU ~t.IVA~GU "8 Iv15c., or alters or utters knowing the same to be forgedor altered any document or instrument having any of the said stamps or impressions thereon or affixed thereto, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than ten years.

Forgery of petition or representation.

256. Whosoever forges or utters knowing the same to be forged any No 6103s 256 petition or representation in writing purporting to be under the ~y',","~~0"r,"~d2 provisions of or relating to the administration of the Local Government (1) 9576s 11 Act 1958, or any signature to any such petition or representation, shall (l' be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than five years. 1958 Crimes No. 623 1

(1) Forging Her Majesty's Seal and Other Seals23 Forging seal of Her Majesty etc.

253. Whosoever forges or utters knowing the same to be forged, N. 6103s 253 any of Her Majesty's seals, or the seal of Victoria or the seal of the gy2,5:T;lted Supreme Court of the State of Victoria, or forges the stamp or impression s 96.9576S 11 of any of the seals aforesaid, or utters any document or instrument 'l' having thereon or affixed thereto the stamp or impression of any such forged seal knowing the same to be the stamp or impression of such forged seal, or any forged stamp or impression made or apparently intended to resemble the stamp or impression of any such seal knowing the same to be forged, or forges or alters or utters knowing the same to be forged or altered any document or instrument having any of the said stamps or impressions thereon or affixed thereto, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than fifteen years.

Forging document bearing signature of Governor etc.

254. Whosoever forges or fraudently alters any document bearing NO 6103s 254. or purporting to bear the signature of the Governor, or of any of Her ~F~~ze~l Majesty's Principal or Under Secretaries of State, or the responsible (1) Ministers of the Crown in Victoria or utters any such forged or fraudulently altered document as aforesaid knowing the same to be so forged or altered, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than ten years. (2) Forging Municipal Seals and Petitions Forgery of common seal of municipality.

255. Whosoever forges or utters knowing the same to be forged the No 610ss 255 common seal of any municipality including the city of Melbourne and EyTz,5~~~~e~l the city of Geelong, or forges the stamp or impression of any such seal, (1) or utters any document or instrument having thereon any forged stamp or impression of any such seal knowing the same to be forged or forges or alters or utters knowing the same to be forged or altered any document or instrument having any of the said stamps or impressions thereon or affixed thereto, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than ten years.

Forgery of petition or representation.

256. Whosoever forges or utters knowing the same to be forged any No. 6103 256. petition or representation in writing purporting to be under the Ey2,5,6p~~~~~2 provisions of or relating to the administration of the Local Government (1).9576 11 Act 1958, or any signature to any such petition or representation, shall (l', be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than five years. 1958 Crimes No. 623 1

(3) Forging Tmnsfen of stocks &cm Forging transfer of stock etc. a ~0.6lms-257. 2b. Whosoever forges or alters or utters knowing the same to be S. 257 amended by NO. 9576 S. 11 forged or altered any transfer of any share or interest of or in the capital (1). or stock ~f any body corporate company or society established by charter or by or under any Act, or forges or alters or offers utters disposes of or puts off knowing the same to be forged or altered any power of attorney or other authority to transfer any share or interest of or in any such cqpital of stock or to receive any dividend or money payable in respect, of any such share or interest, or demands or endeavours to have'ey such share or interest transferred or to receive any dividend or monef payable in respect thereof by virtue of any such forged or altered power of attorney, or other authority knowing the same to be forged or altered, with intent in any such case to defraud, shall be guilty of an indictable offence, and shall liable to imprisonment for a term of not more than fifteen years. '

Personating owners of stock.

NO 61~~s258 258. Whoever falsely and deceitfblly personates any owner of any S 258almmdeU NO. 9576s 11 share or interest of or in the capital or stock of any body corporate (1) company or society established by charter, or by or under any Act or any owner of any dividend or money payable in respect of any such share or interest and thereby transfers or en eavours to transfer any share or interest belonging to any such owne\ ,or thereby receives or endeavours to receive any money due to any buch owner as if such offender was the true owner, shall be guilty of ap indictable offence, and shall be liable to imprisonment for a term of n t more than fifteen years. b\ "/ Forging name of witness to power of attorney. \ \ / ~06103s-259. 259. Whosoever forges any name handwriting oh signature zlpurporting to be the name handwriting or signature of a witn& attesting (11. the execution of any power of attorney or other authority tdpnsfer any share or interest of or in any such capital or stock as is in e' the last two preceding sections mentioned or to receive any diy 'dend Of or money payable in respect of any such share or interest, or qers utters disposes of or puts off any such power of attorney or o er authority with any such forged name handwriting or signature the% n knowing the same to be forged, shall be guilty of an indictable offenob, and shall be liable to imprisonment for a term of not more than five Ym* Crimes No. 623 1

(4) Forging Victorian Trca~~tyDocuments t hnishment for forgery of signature of Treasury documents. 'r

%a.Whosoever knowingly and wilfully forges or causes or procures NO. 6103 S. 2130. to be forged or knowingly and wilfully acts or assists in forging the ~;~~~&" name iqitials mark or handwriting of any other person to any writing 11 (1). 10087 whatsoeber for or in order to the receiving or obtaining any part of the Consolidakd Fund or any money out of the public account or any stores belon#ng to Her Majesty, or forges or causes or procures to be forged or knokingly or wilfully acts or assists in the forging any writing made by any such person as aforesaid, or utters or publishes any such writing knowing the same to be forged with an intention to defraud Her Majesty or any*gersonwhomsoever shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not less than seven nor more than fifteen years. (5) Forging Sbpsof the Unitd Kingdom Forging stamps of the Unity Kingdom. I

261. Whosoever forges a& stamp or die or any part of any stamp NO 61~S- m- or die provided made or used under the authority of any Act of the $z.ig6z Parliament of Great Britain aM Ireland or of Great Britain and (1). Northern Ireland now or hereafteiv force for expressing or noting any stamps or marks any material with such or die or any part of such stamp or die with intent to or offers utters disposes of or puts off or exposes having thereupon the impression of any such of any stamp or die die or part of any such stamp or die resembling either wholly or in part any stamp or die provid

Northern Ireland relating to stamp duties any name sum date or othb matter or thing thereon written printed or expressed with intent to use any stamp or mark then impressed or being upon such material or that the same may be used for any deed instrument matter or thing in 1958 Crimes No. 6231

respe& whereof any stamp duty is or shall or may be or become payable, or knowingly uses utters sells or exposes to sale, or knowingly and without lawfbl excuse has in his possession any material stamped respectively under any such Act from or off or out of which any such name sum date or other matter or thing as aforesaid has been fraudulently cut or obtained, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than fifteen Years- \

(6) FO~&Bank Notw, Making Plates k for Bank Notes &c.

Definitions. +, ~0.6103s.262. 262. In this sQbdivision unless inconsistent with the context or subject-matter- 66Banknote" +eludes any bank note bank bill of exchange or bank post bill and any blank bank note blank bill of exchange or blank bank post bill and any document commonly called by any of the names aforesaid and any documnt purporting to be a bank tsote as hereinbefore defined and whether or not stamped ad provided by any law in force in Victoria or elsewhere, , "Banker" includes any body corporate company society firm or person carrying on whether within Victoria or Australia or elsewhere within the,dominions of Her Majesty the business of banking and witfiout limiting the generality of the foregoing definitions ~hcludesthe Governor and Company of the Bank of England and the Governor and Company of the Bank of Ireland. "Distinctive device" includes a* distinctive word figure number device character ornament watermark or any distinctive arrangement of lines words or marks or any distinctive groundwork or texture or any distinctive combination of any of the matters or things before mentioned. "Paper" includes paper and other material used for documents.

Fo-g bank notes. m.61as 263 263. Whosoever forges or alters or knowi the same is forged or ;Ex, altered utters any bank note or any indorseme"SL t on or assignment of (1) any bank note, with intent to dehud, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than fifteen years.

Recei* fmbank notes. No.el~s.~. 264. Whosoever without lawfa authority or excue purchases or receives from any other penon, or has in his custody m possession, (1). any forged bank note knowing the same to be forged, shall be guilty of 1958 Crimes No. 623 1

offence, and shall be liable to imprisonment for a term of

\ ~osses'sjonof certain insthuncnts, paper etc.

265. Whosoever without lawful authority or excuse- NO. 6103 S. 265. S. 265 amended (a) makes or uses or knowingly has in his custody or possession 'l any frame mould or instrument for the making of paper with the name style or firm or any substantial part of the name style or firm of any banker or with any distinctive device or any substantial part of the distinctive device of any banker appearing visible in the substance of the paper, or (b) causes by any act or contrivance such name style or firm or any substantial part thereof or any such distinctive device or any substalitial part thereof, to appear visible in the slibstance of anypaper, or (c) qakes uses sells or utters or knowingly has in his custody or possession any paper in the substance of which such name style or firm or yysubstantial part thereof or such distinctive device or any ,substantial part thereof appears \ visible- \ shall be guilty of an indictable offew, and shall be liable to imprisonment for a term of not more than yen years.

Engraving plate for making bank notes etc. \,'t

266. Whosoever without lawfbl authority or ekcuse- ~o.6103 S. 266.

'j S. 266 amended (a) engraves or in anywise makes upon an%plate whatsoever by M.9576 S. 11 or upon any wood stone or other materid,any word figure (l). nu&r device character or ornament the impression taken

or

or means for the other material any such word figure number device ch or ornament; or (c) knowingly utters or has in his custody or possession an). paper or other material upon which there is an impression ' of any such matters as aforesaid- ' shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than ten years. 1958 Crimes No. 6231

hngrarin* for foreign notes.

No 6103s 267 267. Whosoever without lawful authority or excuse engraves or Ey2d,'&zlmakes upon any material any bill of exchange promissory note (1) undertaking or order for payment of money, or any part of any such instrument, in whatsoever language the same is expressed and whether the same is or is not under seal or intended to be under seal purporting to be the bill note undertaking or order or part of the bill note undertaking or order of any foreign prince or state or any body corporate or body of like nature constituted or recognized by any foreign prince or state or of any person or company of persons resident in any country not under the dominion of Her Majesty, or uses or knowingly has in his custody or posqession any material upon which any such foreign bill note undertaking or order or any part thereof is engraved or made, or knowingly offers utters disposes of or puts off or has in his custody or possession any paper upon which any part of any such instrument is made or printed, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than ten years. (2) Forging Dals Wills Bills of Exchunge &. ~arginideedsand certain l&.

No. 6103 S. 268. 268. Whosoever with intent to defraud forges or alters or offers S. m amended byNo.9576~.11 uttcrs disposes of or puts off knowing the same is forged or altered any (1). dccd or any bond or writing obligatory or any assignment thereof or any lease issued under any Act relating to mining, or forges any name handwriting or signature purporting to be the name handwriting or signature of a witness attesting the execution of any deed bond or writing obligatory or offers utters disposes of or puts off any deed bond or writing obligatory or any such lease as afbresaid having thereon any such forged name handwriting or signature knowing the same is forged, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than fifteen years.

Forging wills. \

No. 6103 S. 269. t69. Whosoever with intent to defraud forges\or alters or offers S. 269 unended byNo.9576~.11 uttcrs disposes of or puts off knowing the same is fol3ed or altered any (1). will testament codicil or testamentary instrument, sh l be guilty of an indictable offence, and shall be liable to imprisonment r a term of not more than fifteen years. "r, \ Forging bills of exchange etc. \i~, No.6103s. 270. 270. Whosoever with intent to &zOzluttendisposes ofor puts off knowing the same is (1). bill of exchange or any acceptance indorsement or any promissory note for the or assignment thereof, shall be guilty of an bc liable to imprisonment for a term of 1958 Crimes No. 623 1 7 1 f l\ \, Forging orders receipts etc.

' , 271. Whosoever with intent to defraud forges or alters or utters NO. 6103s. 271. khowing the same is forged or altered, any undertaking wamnt order %c.;$6y1 authority or request for the payment of money or for the delivery or (1). transkr of any goods or chattels or of any note bill or other security for the payment of money or for procuring or giving credit or any indorsement on or assignment of any such undertaking warrant order authority or request or any accountable receipt acquittance or receipt for money or for goods or for any note bill or other security for the payment of money or any indorsement on or assignment of any such accountable receipt, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than fifteen years. Drawing bills etc. qth intent to defraud.

272. Whosoever kith intent to defraud draws makes signs accepts No 6103s 272 or indorses any bill.of e4change or promissory note or any undertaking iyy: iG6Y1 warrant order authority request for the payment of money or for the (1) delivery or transfer of g% s or chattel8 .or of any bill note or other security for money by procuration or otherwise for in the name or on the account of any other person, or utters any such bill note undertaking warrant order authority or req est so drawn made signed accepted or indorsed by procuration or 0th 'se as aforesaid knowing the same was so drawn made signed acceptk d or indorsed as aforesaid, shall be guilty of an indictable offence, and *all be liable to imprisonment for a term of not more than ten years. Forging debentures. 273. Whosoever forges or fraud same was forged or fraudulently purporting to be issued under any within Her Majesty's dominions indictable offence, and shall be liab more than ten years. (8) Foming Records Pronrs instmmntr af~knce&c. Forging proceedings in courts of record. \ 274. Whosoever forges or fraudulently alte NO.6103 S 274 of or puts off knowing the same is forged or record writ return panel process notice bill rule order decree report warrant interroga affirmation recognisance or any original d belonging to the Supreme Court or any cou or writing or any copy of any document or writing used or intended be used as evidence in any court in this section mentioned, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than five years. 72 1958 Crimes No. 6231

'. Forged or fdse ceMcates of record.

~~0.6103~.275. 275. Whosoever being the officer having the custody of the records kg of any court utters any false copy or certificate of any record knowing (1) the same is false, and whosoever not being such officer signs or certifies any dopy or certificate of any record as such officer, and whosoever forges or fraudulently alters or offers utters disposes of or puts off knowing the same is forged or fraudulently altered any copy or certificate of any record, or offers utters disposes of or puts off any copy or certificate of any record having thereon any false or forged name handwriting or signature knowing the same is false or forged, and whosoever forges the seal of any court of record, or fomor fiaudulently alters any process of any court other than such courts as in the last preceding section mentioned, or serves or enforces any forged process of any court knowing the same is forged, or delivers or causes to be delivered to any person any paper falsely purporting to be any such process or a copy thereof or to be a judgment decree or order of the Supreme Court or any tourt of record or a copy thereof knowing the same to be false, or acts or professes to act under any such false process knowing the same is false: shall be guilty of an indictable offence, and shall be liable to imprison-nt for a term of not more than five years. ', Forging instruments of evidee,

NO 6103s 276 276. Whosoever foqp or fiaudulently alters or offers utters disposes S 276 amended OST6rll of or puts off knowing the same is fomed or fraudulently altered, any (1) instrument whether written or printed or partly written and partly printed which is made evidence by gny Act the forging or uttering of which is not herein otherwise punishable, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than five years. (9) Forging Registers of MS&. Forging registry of deeds etc.

PJO-6103s.277 277. Whosoever forges or fiaudulently alten or offers utters disposes kzXl of or puts off knowing the same is forged or f+udulently altered, any (1). memorial receipt affidavit affirmation attestation entry certificate indorsement document or writing made or issuqd or purporting so to be under the provisions of any Act passed or he fter to be passed for or relating to the registry of deeds or other instaents, or forges the seal of or belonging to any office for the registry*ofdeeds or other instruments or any stamp or impression of any such W, or forges any name handwriting or signature purporting to be the nhehandwriting or signature of any person to any such memorial vipt affidavit affirmation attestation entry certificate indorsement rdocument or writing which is required or directed to be signed by or br virtue of any Act passed or to be passed or offers utters disposes of ofputs off any such memorial or other writing as in this section beforepentioned having thereon any such forged stamp or impression of an~uchseal, 1958 Crimes No. 623 1

or any such forged name handwriting or signature knowing the same is forged, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than fifteen years.

Forging instruments etc. under Transfer of Land Act etc.

910 \IIL norm. rnr 6n-n~ f~911dll~~r1tlv alters or offers utters disposes 6103 278. A TElEtHOIE ,278 amended 421 0277 y No. 9576 S. l l I )- (89/J) 5816231 pp. 72 - 73 PART I Divisions 4 & 5 (Ss. 252 to 313 . REPWED (as from 25/6/89) by S. 8 oi 1989 No. 25.

PART I Division 4 Sub-division 10 Ikading. REFER S. 3 (Schedule Item 42.10) of 1989 No. 57. 70 be amended but tile amending provision is not yet in force. emit the words "Magistrates: Courts or of Justices". and substitute:- the Ma ~stratcs'Court . FEASP. NOTE:- S. 3 (Sc?e,d,ule ltcm f2.!0) of 1989 No. 57 endeavours to amend ART I D~vlslon4 Sub-d~v~s~on10 IIead~ng by omlttlng the words "Magistrates' lourts or Justices". This section has been repealed. . 279. .EFER S. 3 (Schedule Item 42,ll) of 1,989 No. 57. 'o be amended but the amending provision IS not yet in force. Imit the words "any magistrates' court or justlce" (where twice occurring) and I each case substitute:- 'the Ma istratcs' Court'. ub-Head~ng(l 0) 'LEASE NOTE:,- S. 3 (Sched~lc~ltern82.14 of 1989 No. 57 endeavours to amend mendedby NO 279. b qmltting the words any rna ~stratcs'court or justice (where twice 181 s.2(1). ceurringl. rhis section has bccn repcafed. . 279. .@PER S. 3 (Schcdule Item 42:11) of 1989 No. 57. 'o be amended but the amending provision IS not et in force. 10.6103S. 279 lmit the words .any magist~ater court justice* an2 substitute:- ,. 279 amended the Ma istrates' Court'. y NOS 7876 s 2 LEASE NOTE:- S. 3 (Schedule Item 92.1 1) of 1989 No. 57 endeavours to amend 3) 9576 s 11 (11 279. This xctlon has bccn repealed. . 280. :EFER S. 16 Schedule Item 16.1) of 1.989 No. 19. '0 be amcndc6 but the arncnding rovision is not yet in force. nurt alter "Supreme Court the fo?lowing:- 'or d the Count Court'. ]LEASE NOTE:- S. 16 (Schcdule Item 16.1) 011989 No. 19 endeavours to amend a 280. Thls section has been repealed.

(l1) Forging Names &c. of OBcers of Courts &c. Forging names of officersof courts.

280. Whosoever with intent to defraud forges or alters, or offers or No. 6103 280 utters disposes of or puts off knowing the same is forged or altered. any E;2,8zy7"0","ed document instrument or writing made or purporting or appearing to 10.9576s. l1 be made by the Master of the Supreme Court, a judge or officer of any (1 ). court of record, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than ten years. 1958 Crimes No. 6231 or an such forged name handwriting or signature knowing the same is forgei ; shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than fifteen years.

Forging instiwments etc. under Transfer of Land Act etc.

278. Whosokver forges or fiaudulently alters or offers utters disposes N0.6103 S. 278. of or puts off knowing the same is forged or fraudulently altered any E;:: .,'?, instrument document or writing made or issued under the provisions (1). of any Act passed or tq be passed for or relating to the transfer of estates or other interests in land, or forges the seal of or belonging to any office or officer appointed by OS under any such Act for the purposes thereof or any stamp or impression of such seal, or forges any name handwriting or signature purporting to ble, the name handwriting or signature of any person to any instrument do&ment or writing or offers utters disposes of or puts off any instrument dwument or writing which is required or authorized to be signed by or byvirtue of any such Act having thereon any such forged stamp or impresqon of such seal or any such forged name handwriting or signature knhwing the same is forged, shall be guilty of an indictable offence, and shll be liable to imprisonment for a term of not more than fifteen years. k,

(10) Forging Orders &c. of~a~istr6X,'Courts or of Justices ~~~~~~~~~) \ 8181 S. 2 (1). Forging orders etc. of magistrates' courts or j 4tices. utters or disposes of or puts off any summons conviction order or warrant same, or any

\ (1 1) Forging Names &c. of Omem of Courts &. Forging names of officers of courts.

280. Whosoever with intent to defraud forges or alters, or offers utters disposes of or puts off knowing the same is foor ale any document instrument or writing made or purporting or appearing to be made by the Master of the Supreme Court, a judge or officer of any court of record, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than ten years. 34 1958 Crimes No. 6231

Falsely acknowledging bail etc.

*l- 281. Whosoever without lawful authority or excuse in the name of z,any other pemn acknowledges any recognisance or bail or any judgment (1). or any deed or other instrument before any court or person lawfully authorized'io that behalf, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than fifteen years.

(13) Forging MarnoageLiccncu &* Forging dgeli&ces etc. m-6lmS- m. 2&2. Whosoever fo- or fraudulently alters any licence of marriage or any consent or writing purporting to be a consent to the mamage of (0.9518s. 11 (1). any person under the age ofeighteen years or any certificate of marriage or writing purporting to be'q certificate of mamage, or offers utters dispose8Eof or puts off any slircii licence consent certificate or writing kridwirig.th8same is fo& or h~&tentlyalteW, shall be guilty #&n indictable offence, and hat)be liqk to impriminear IfaP a tern of not more than fifteen years. t f Transmitting false certificate.

NO 6lMs.283. 283. Whosoever knowingly and unlawfully transmits to any &Exlminister government statist registrar or other officer appointed under (1). any Act relating to marriages or the registration thereof any certificate or writing being or purporting to be a certificate containing any false statement. shall be guilty of an indictable offqnce, and shall be liable to imprisonment for a term of not more than fivk years. (14) Folsifiing Eat* of Births Dtaths~~anirrgu&, Forging etc. registers of births etc. m 6lms m 2s284. Whosoever unlawfully destroys defaces OT injures or causes &== or permits to be destroyed defaced or injured any S 11 (1). 10244 baptisms mamages deaths or burials now or 8 10 or required to be kept or any part of any such copy of any such register or any part thereof, or fo- OR fraudulently altm in any such register or certified copy any entry &ting to any birth baptism mamage death or burial or any part thereof, of\knowingly and unlawfully inserts or causes or permits to be inserted iqany such mgister or certified copy any false entry of any matter relati birth baptism mamage death or burial, or knowingly and gives any false certificate relating to any birth baptism or burial, or certifies any writing to be a copy or extract fiom anfisuch register knowing such writing or any part thereof is false in any ma*al particular. or forges the seal of or belonging to the dice of the Registrar of Births, Deaths, Mamand Names, or offers utters disposes of or 1958 Crimes No. 623 1

puts off any such register entry certified copy certificate or seal knowing the same is false forged or altered, or offers utters disposes of or puts off any copy of any entry in any such register knowing such entry to be , false forged or altered, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than five years. \\ \. (1 5) Demanding Proper@ on Forgtd Instruments emi in din^ property on forged instruments.

285. Whosoever with intent to defraud demands or obtains or No.elms. 285. causes to be delivered or paid to any person or endeavours to obtain or %g.=, to cause to be delivered or paid to any person any property upon or by (1). virtue of any forgMi or altered instrument whatsoever knowing the same is forged or alter ,or upon or by virtue of any probdte or letters of administration kno$. qg the will testament codicil or testamentary writing on which such prQate or letters of administration was or were obtained was forged or such probate or letters of adrninistratio~iyas or false)@t$ afbmesiopl or 4fidavit, sharll ;be; and shalt: be,liable> tie

8,. .: a!,(\; (l6) supPlernenil(r Provisions

Forging foreign instruments. 287. Where the forging or altering any writing or matter or offering uttering disposing of or putting off any writing or matter knowing the same was foqged or altered is in this Act expressed to be an offence, if any person in Victoria forges or alters or offers utters disposes of or puts off knowing the same is forged or altered any such ', Crimes No. 623 1

writing or matter, in whatsoever place or country out of Victoria whether unde~the dominion of Her Majesty or not such writing or matter purpom to be made or may have been made and in whatever language the same or any part thereof is expressed, every such person and every person aiding abetting or counselling such person shall be deemed to be an offender within the meaning of this Act; and shall be punishable in the same monner as if the writing or matter purported to be made or had been made in Victoria. And if any person in Victoria forges or alters or offers uttv disposes of or puts off knowing the same is forged or altered any bill dfexchange or any promissory note for the payment of money or any indbpement on or assignment of any bill of exchange or promissory note fof'he payment of money or any acceptance of any bill of exchange or any qdertaking warrant order authority or request for the payment of money or for the delivery or transfer of any goods or security or any deed bo' d or writing obligatory for the payment of money (whether such deed nd or writing obligatory is made only for the payment of money or for t4e payment of money together with some other purpose) or any indorstment on or assignment of any such undertaking wamnt order autkrity quest deed bond or writing obligatory, in whatsoever place bf country out of Victoria whether under the dominion of Her Majtkty or not the money payable or secured by such bill note undertaking warrant order authority request deed bond or writing obligatory is or purports to be payable for the goods or security transferable or deliv+ble under such undertaking warrant order authority or request is or hurports to be so transferable or delivemble, and in whatever language thh said writings or instruments respectively or any part thereof is or are expressed, and whether such bill note undertaking warrant order authority or request is or is not under seal every such person and every petson aiding abetting or counselling such person shall be deemed to be gn offender within the meaning of this Act; and shall be punishable in the same manner as if the money had been payable or had purported to bh payable in Victoria.

Possession defined. 'I '1 '1 No.61*s.m. 288. Where the having any matter in the any person is in this Division expressed to be an has any such matter in his personal custody or possession and wilfully has any such matter in the actual custody or any other person, or knowingly and wilfully has any such dwelling-house or other building lodging open or enclosed whether belonging to or occupied by and whether such matter is so had for his own use or for theuse or benefit of another, every such person shall be deemed and &n to have such matter in his custody or possession within the meanhpg of this Division. r'. 1958 Crimes No. 623 1 77 i \ Punishments for other forgeries.

289. Unless otherwise expressly provided for by some Act of the NO. elms. 289. of Victoria whosoever forges or utters any instrument or &\~;~6~l or uttering of which would but for this section be a (1). shall not suffer death but shall be guilty of an indictable be liable to imprisonment for a term of not more

'1 Division 5--Coinage Men~es*~ Definition of'* etc.

290. For the urposes of this Division the expression "the Queen's NO. 6103 a. 290. gold or silver coin$3 includes any gold or silver coin coined in any of Her Majesty's mihs or lawfully current by virtue of any Act or

in any manner altered so as to resemble or be apparently intended to resemble or pass for any of the Queen's current coin of a higher denomination. The expression "the Queen's current coinn includes any coin so coined or lawfully current as aforesaid and whether made of gold silver copper bronze or mix@ metal. In any case in which having any matter in the custody or possession of any person is mentioned in this Division, it includes not onlykhe having of it by himself in his personal custody or possession but having it in the actual custody or

person. \\ Counterfeiting gold or silver coin. \ 291. Whosoever unlawfully makes or resembling or apparently intended to or silver coin, shall be guilty of an to imprisonment for a term of not more than fifteen years:.\, l\, Colouring coin to pass as gold or silver. \\ 292. (1) Whosoever gilds or silvers any apparently intended to ambleany of the Queen's gold or or gilds or silvers any piece of silver or copper or of coarse silver or of any metal or mixture of metals a fit size and figure to be coined with intent that the same shall be \ 1958 Crimes No. 623 1

coined into counterfeit coin resembling or apparently intended to '~sembleor pass for any of the Queen's gold or silver coin, or gilds any of the Queen's silver coin, or files or in any manner alters such coin witkintent to make the same resemble or pass for any of the Queen's gold coin, or gilds or silvers any of the Queen's copper coin, or files or anner alters such coin with intent to make the same resemble orin anypass ? 0.l: any of the Queens' gold or silver coin, shall be guilty of an indictable bffence, and shall be liable to imprisonment for a term of not more than fifteenyears. i (2) For the purposes of this section the expressions "gilds or silvers" include the wasqng casing over or colouring of any coin or any such piece of silver or oppper or coarse gold or silver, or metal or mixtures of metals as thereirr,mentioned, with any wash or material capable of producing the colou*sr appearance of gold or of silver or by any other

means whatsoever. \, Impairing gold or silver kin.

3 I~/<~t.as elm a. 293. Whosoever impai or lightens an);of the ~

1*16lms-2* 294. Whosoever unlawfully has ip his custody or possession any k2.zIfilings or clippings or any gold or silver bullion or any gold or silver in (1). dust solution or otherwise obtained by impairing diminishing or lightening any of the Queen's gold or sil*r coin knowing the same has been so obtained, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than five years.

Buying etc. counterfeit gold or silver coin.

~0.6103s.295. 295. Whosoever without lawfbl authority or excuse buys sells receives pays or puts off,or offers to buy sell receive pay or put off any (1 I- counterfeit coin resembling or apparently intended to resemble or pass for any of the Queen's gold or silver coin at a loeer rate or value than the same imports or is apparently intended to import, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than fifteen years. Importing or exporting counterfeit gold or silver coin.

No-61mrm. 2%. Whosoever without lawful authority or excuse imports or &Ex1receives into Victoria any counterfeit coin resembling gr apparently (1 I. intended to resemble or pass for any of the Queen's gold ~r silver coin knowing the same is counterfeit, shall be guilty of an indictable offence, 1958 Crimes No. 623 1 79

and shall be liable to imprisonment for a term of not more than fifteen years. And whosoever without lawful authority or excuse exports or puts on board any vessel for the purpose of exportation from Victoria any such counterfeit coin or silver coin knowing the same is counterfeit shall be gliilty of an indictable offence, and shall be liable to imprisonment for a term of not more than two years.

Uttering counterfkt gold or silver min.

297. Whosoever tenders utters or puts off any counterfeit coin ~0.6103s.297. resembling or apparently intended to resemble or pass for any of the g?::.): Queen's gold or silver c 'n knowing the same is counterfeit, shall be (1). guilty of an indictable o&m, and shall be liable to imprisonment for a term of not more than oneyear.

Two utterings within 10 days. 'j

298. ~hosbevertenders or puts off any counterfeit coins ~0.61~s.2~.' or pass for any of the counterfeit, and at the (1). time of such has in his custody or or put off any other piece of counterfeit coin or either on the da)c of such tendering uttering or putting off or within ten days then next 'ensuing tenders utters or puts off any other counterfeit coin knowi the same is false or counterfeit, shall be guilty of an indictable off%, and shall be liable to imprisonment for a term of not more than twoyears. '-l Possession of three or more counterfeit coins. l %/ 299. Whosoever has in his custody or possessio pieces of counterfeit coin resembling or apparently inten or pass for any of the Queen's gold or silver coin know counterfeit with intent to utter or put off the same or be guilty of an indictable offence, and shall be liable for a term of not more than three years. Second or subsequent offence. \ 300. A person who, having previously been convicted of an offence against section 297,298 or 299 or of any other offence mentioned in this Division for which a person is liable to imprisonment for a term of five years or more, commits an offence against section 297,298 or 299 shall, notwithstanding anything to the contrary in those sections, be liable to imprisonment for a term of not more than fifteen years. 80 1958 Crimes No. 6231 ', '~tterin~foreign coins medals etc. ', No-6103s.301. %NI.Whosoever with intent to defiaud tenders utters or puts off as ~~.~6~1or fdfany of the Queen's gold or silver coin any coin or medal or piece (1). of me 1 or mixed metals resembling the Queen's current coin for which 3t q same is so tendered uttered or put off, and not being such current com, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than one year.

Counterfeiting rrnd other offences relating to copper coin.

%.61*~302. 302. Whosoever unlawfully makes or counterfeits any coin :g=, resembling or appakntly intended to resemble or pass for any of the (11. Queen's copper coin adwhosoever without lawfbl authority or excuse knowingly makes or %rids or begins or proceeds to make or mend or buys or sells or has in his custody or possession any instrument tool or engine intended to be used in counterfeiting any of the Queen's copper coin, or buys sells receives pays or puts off or offers to buy sell receive pay or put off any counterfeit coin resembling or apparently intended to resemble or pass for any of the Queen's copper coin at or for a lower rate or value than the same imports or is apparently intended to import, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than five years.

Uttering comterfeit copper coin. +,

m.611L3s.303 303. Whosoever tenders utters or puts off any counterfeit coin resembling or apparently intended to resemble or pass for any of the (1). Queen's copper coin knowing the same is counterfeit, or has in his custody or possession three or more', pieces of counterfeit coin resembling or apparently intended to resemble or pass for any of the Queen's copper coin knowing the same a8false or counterfeit with intent to utter or put off the same or any of them, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than one year.

Defacing coin. I ~.61~~.~.304. Whosoever defaces any of the Queen's gqld or silver coin or the Queen's copper coin by stamping thereon ahy name or word, (1). whether such coin is thereby diminished or lightend or not, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than one year.

Tendering defrrced ooin.

~.6l~s-305- 305. No tender of payment in money made in any g~ldsilver or k",z2 eopper coin so defaced by stamping as in the last pmxdjng section (l)*= S. mentioned shall be allowed to be a legal tender; and whosoe~crtenders MS. 18 (1). 1958 Crimes No. 6231

utters or puts off any coin so defaced shall be liable on conviction before a magistrates' court to a penalty of not more than 1 penalty unit.

Counterfeiting foreign gold or silver coin.

306. Whosoever unlawfully makes or counterfeits any kind of coin ~0.6103s.306. not being the Queen's gold or silver coin but resembling or apparently E;:: ;;;;::{ intended to resemble or pass for the gold or silver coin of any foreign (1). prince state or country, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than five years.

Importing foreign counterfeit coin.

307. Whosoever without lawful authority or excuse brings or No.6103s.307. receives into Victoria any such counterfeit coin resembling or apparently ~y~~ t;;;:efl intended to resemble or pass for the gold or silver coin of any foreign (1). prince state or country, knowing the same to be counterfeit, shall be guilty of an indictable offence, and shall be liable to imprisonment for

(891J) 5816231 pp. 80 - 81

1 No. 6103 S. 308. PAR7 I Divisions 4 & 5 (Ss. 252 to 313 . S. 308 amended REPlAl,EO (as from 25/6/89) by r. 8 o/ 1989 NO. 25. by No. 9576 S. 11 i (1). , S. 30. REFW S. 3 (Schcdulc Item 42.12) of 1989 No. 57. b. amended but the amending prpvision is not yet in force- Omit the words a magistrat?~' court and substitu!c:- the Ma istratcs' Court . p~m~NOTE:- S. 3 (Srhcdule Item 52.12) of 1989 No. 57 endeavours to amend S. 30: This scct~c~nhas been repealed. -. ..u~llll;UGGII su LUIIVIGLCU as III LIIC 1a3i ~ICLCUI~I~NO G103s 309 section mentioned afterwards commits the like offence of tendering EYE;:;:f y, uttering or putting off any such counterfeit coin as aforesaid, knowing (1) the same is counterfeit, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than two years. And whosoever having been so convicted of a second offence afterwards commits the like offence of tendering uttering or putting off any such counterfeit coin as aforesaid, knowing the same is counterfeit, shall be liable to imprisonment for a term of not more than fifteen years.

Counterfeiting other foreign coin.

310. Whosoever unlawfully makes or counterfeits any kind of coin N0.6103~.310.

not being the Queen's current coin but resembling or apparently ~:;~~e~l intended to resemble or pass for any coin of any foreign prince state or (11. country made of copper or any metal or mixed metals of less value than the silver coin of such foreign prince state or country, shall be guilty of an indictable offence, and shall be liable for the first offence to imprisonment for a term of not more than one year; and for the second offence to imprisonment for a term of not more than five years. 1958 Crimes No. 6231 8 1 \ utters or puts off any coin so defaced shall be liable on conviction before a magistrates' court to a penalty of not more than l penalty unit. Counterfeiting foreign gold or silver coin.

306. Whosoever unlawfully makes or counterfeitsany kind of coin No.6103~.306 not being ,the Queen's gold or silver coin but resembling or apparently :;E :T!tzyl intended tqresemble or pass for the gold or silver coin of any foreign (11. prince state'or country, shall be guilty of an indictable offence, and shall be liablt?*toimprisonment for a term of not more than five years. Importing foreid counterfeit coin.

307. Whosoev& without lawful authority or excuse brings or No6103s.307. receives into Victoriaeny such counterfeit coin resembling or apparently E;:: ic6TI intended to resemble br pass for the gold or silver coin of any foreign (1) prince state or country, knowing the same to be counterfeit, shall be guilty of an indictable offience,and shall be liable to imprisonment for a term of not more than five years. Uttering foreign counterfeit c'oin.

308. Whosoever tenders utters or puts off any such counterfeit coin No.6103~.308 resembling or apparently intended to resemble or pass for the gold or ~~~~~yl silver coin of any foreign prince state or country, knowing the same is (1). counterfeit, shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not m* than six months. 't Second and third offences.

309. Whosoever having been so convi~tedas in the last preceding No.6103s.309 section mentioned afierwards commits th6 like offence of tendering uttering or putting off any such counterfeit as aforesaid, knowing (1). the same is counterfeit, shall be guilty of an offence, and shall be liable to imprisonment for a term of not mov than two years. And whosoever having been so convicted of a secoh@offence afterwards commits the like offence of tendering uttering or Nutting off any such counterfeit coin as aforesaid, knowing the same is c unterfeit, shall be liable to imprisonment for a term of not more than &een years. Counterfeiting other foreign coin.

310. Whosoever unlawfully makes or counterfeits any hnd of coin M.6lms. 310 not being the Queen's cumnt coin but resembling or apparently ~~~&~l intended to resemble or pass for any coin of any foreign prince state or (1). country made of copper or any metal or mixed metals of less due than the silver coin of such foreign prince state or country, sha'6 be guilty of an indictable offence, and shall be liable for the first ofknce imprisonment for a term of not more than one year; and for the secon offence to imprisonment for a term of not more than five years. Crimes No. 623 1

\, Possession of more than five pieces of counterfeit foreign coin.

NO-61039.311. 311. Whosoever without lawfbl authority or excuse has in his $32z2custbdy or possession any greater number of pieces than five pieces of @).sws2(2). countthfeit coin resembling or apparently intended to resemble or pass for the gqd or silver coin of any foreign prince state or country or any such cop* or other coin as in the last preceding section mentioned, shall forfeit and lose all such false and counterfeit coin, which shall be cut in pieces a$d destroyed; and shall for every such offence be liable on conviction before a magistrates' court to a penalty of not more than 1 penalty unit nar less than $1 for every such piece of false and counterfeit coin fowd in his custody or possession. And in case any such penalty is not forthwith paid the magistrates' court may commit the person who has bixn adjudged to pay the same to be imprisoned for a term of three months unless payment is sooner made.

Making, etc. coining tools.

~0.61039.312 312. Whosoever without lawfbl authority or excuse knowingly makes or mends or begins or proceeds to make or mend or buys or sells (1 I. or has in his custody or possession any puncheon counter puncheon matrix stamp die pattern or mould h or upon which there is impressed or which will impress either wholljli or in part the figure stamp or apparent resemblance of both or either qf the sides of any of the Queen's gold or silver coin or of any foreign coiq or any part thereof or makes or mends or begins or proceeds to make dr mend or buys or sells or has in his custdy or possession any edger edging or other tool collar instrument or engine intended for markinghpoinround the edges with letters grainings or other on the edges of any S to make or mend

blanks out of gold silver o other machine, knowi engine or machine to such coin, shall be gu imprisonment for a Counterfeit coins do not have to be perfect. i No. 61 03 S. 313. 313. Every offence of unlawfblly making or counte or of buying receiving paying tendering uttering or offering to buy sell receive pay utter or put off any coin against the provisions of this Division shall be complete, although the coin so made or counterfeited received paid tendered uttered or put off or offered to be bought sold Crimes No. 6231

received paid uttered or put~lsnot in a fit state to be uttered or the counterfeiting thereof is not finiswor perfected.

Division &Perjury Perjury.

314. (1) Whosoever commits wilful and corrupt perjury or No.6103s.314. subornation or perjury shall be liable to imprisonment for a term of not more than fifteen years.

(2) Where in any Act it is provided that any person shall be liable to the penalties of perjury or shall be guilty of pejury or shall be deemed to have committed pe jury or any similar expression is used such person shall be deemed to have committed an offence against . ... . - -*~ppdedaoainct anA nl~nich~d

(8911) 5816231 pp. 82 - 83 PART I Divisions 4 & 5 (Ss. 252 to 313 . RBPEALED (as from 25/6/89) by S. B o) 1989 No. 25.

S. 311. REFER S. 3 (Schedule Item 42.13) of 1989 No. 57. To be amended but the amending pr~visionis not yet in force. Omit the words "a rnagistrat$s9 court and substitute:- the Ma 'strates' Court'. PWSENOTE:- S. 3 (Schedule Item 8.13) of 1989 No. 57 endeavours to amend S. 311. This sectlon has been repealed.

---W -- - , ------I- - - - - I------*"- v-, W* who knowingly wilfully and corruptly takes makes signs or subscribes any such affirmation declaration or affidavit as to any such fact matter or thing, such statement affinnation declaration or affidavit being untrue wholly or in part, or who knowingly wilfblly and corruptly omits fiom any such affirmation declaration or affidavit made or sworn under the provisions of any law any matter which by the provisions of such law is required to be stated in such affirmation declaration or affidavit, shall be deemed guilty of wilful and corrupt pejury. Nothing herein contained shall affect any case amounting to pe jury at the common law or the case of any offence in respect of which other provision is made by any Act.

All evidence material with respect to perjury.

315. All evidence and proof whatsoever, whether given or made ~o.6103s.315. orally or by or in any affidavit examination declaration or deposition, shall be deemed and taken to be material with respect to the liability of any person to be proceeded against and punished for perjury or subornation of pe jury. 1958 Crimes No. 6231 received paid uttered or put"MJs not in a fit state to be uttered or the counterfeiting thereof is not finis-or perfected.

Division &Perjury Perjury.

314. (1) Whosoever commits wilful and corrupt perjury or No.6103 S. 314. subornation or pe jury shall be liable to imprisonment for a term of not more than fifteen years.

(2) Where in any Act it is provided that any person shall be liable to the penalties of pejury or shall be guilty of pe jury or shall be deemed to have committed pejury or any similar expression is used such person shall be deemed to have committed an offence against sub-section (1) and may be proceeded against tried and punished accordingly.

(3) Where by or under any Act it is required or authorized that facts matters or things be verified or otherwise assured or ascertained by or upon the oath affirmation declaration or affidavit of some or any person, any person who in any such case takes or makes any oath affirmation or declaration so required or authorized and who knowingly wilfblly and corruptly upon such oath mationor declaration deposes swears to or makes any false statement as to any such fact matter or thing, and any person who knowingly wilfully and corruptly upon oath deposes to the truth of any statement for so veryifjling assuring or ascertaining any such fact matter or thing or purporting so to do, or who knowingly wilfully and corruptly takes makes signs or subscribes any such affirmation declaration or affidavit as to any such fact matter or thing, such statement affimation declaration or affidavit being untrue wholly or in part, or who knowingly wilfblly and comptly omits from any such affirmation declaration or affidavit made or sworn under the provisions of any law any matter which by the provisions of such law is required to be stated in such affirmation declaration or affidavit, shall be deemed guilty of wilful and corrupt perjury. Nothing herein contained shall affect any case amounting to perjury at the common law or the case of any offence in respect of which other provision is made by any Act.

All evidence material with respect to perjury.

315. All evidence and proof whatsoever, whether given or made No.6103s.315. orally or by or in any affidavit examination declaration or deposition, shall be deemed and taken to be material with respect to the liability of any person to be proceeded against and punished for perjury or subornation of pejury. 1958 Crimes No. 623 1

Division 7Unlawful Oaths Unlawful oaths to commit treason, murder etc.

NO.6103s. 316. 316. (1) Every person who- Ss.(l) amended by No. 9576 S. l l (1). Para. (a) amended by No. (a) administers or is present at and consents to the 9019 S. 2 (1). administering of any oath or engagement in the nature of an oath purporting to bind the person who takes it to commit treason or murder; or (b) takes any such oath or engagement not being compelled to do so; or (c) induces or attempts to induce any person to take any such oath or engagement- shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than fifteen years.

Ss. (2) amended (2) Every person who- by No. 9576 S. ll (1) (a) administers or is present at and consents to the administering of any oath or engagement in the nature of an oath purporting to bind the person who takes it to act in any of the ways following (that is to say): (i) To engage in any mutinous or seditious enterprise; Sub-para. (11) (ii) To commit any indictable offence other than treason amended by No 9019 S.2 (1). or murder; (iii) To disturb the public peace; (iv) To be of any association society or confederacy formed for the purpose of doing any such act as aforesaid; (v) To obey the order or commands of any committee or body of men not lawfully constituted or of any leader or commander or other person not having authority by law for that purpose; (vi) Not to inform or give evidence against any associate confederate or other person; (vii) Not to reveal or discover any unlawful association society or confederacy or any illegal act done or to be done or any illegal oath or engagement that may have been administered or tendered to or taken by himself or any other person or the import of any such oath or engagement; or (6) takes any such oath or engagement not being compelled to do so; or (c) induces or attempts to induce any person to take any such oath or engagement- shall be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than seven years. Crimes No. 6231

(3) A person who takes any such oath or engagement as is mentioned in the last two preceding sub-sections cannot set up as a defence that he was compelled to do so unless within fourteen days after taking it or :CLr. :n --fi..a-+~A h., nn+.*nl Cfi-oa AV P;FL~P~~fnurteen days after TELEPHONE ~427&

(89lJ) 58/6231 pp. 84 - 85 S. 316 3). REPl!d S. 3 (Schedule Item 42,141 ol l.9.89 No. 57. To be amended but the amendlng provrsion IS not yet in force. Omit the words "justice of the peace" and substitute:- 'a magistrate". S. 316 4). REPEA S. 3 (~cheduieItem 42:15) of 1,989 NO. 57. To be amended but the amendlng provlslon IS not yet in force. Omit the word "justirs" and substitute:- "magistrate". other reasonable endeavours to prevent the commission of the cnme. Division 8-Offences Connected with Explosive substance^^^ Offences connected with explosive substances.

317. (1) In this Division unless inconsistent with the context or No.6103s.317. subject-matter- "Explosive substance" includes- (a) any material for making any explosive substance; (b) 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; and (c) any part of any such apparatus machine or implement.

(2) Any person who unlawfully and maliciously causes by any ;;E;;;;;e;, explosive substance an explosion of a nature likely to endanger life or (1). to cause serious injury to property shall, whether any injury to person or property has been actually caused or not, be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than fifteen years.

*8(3) Ss. (3) amended Any person who unlawfully and maliciously- by No. 9576 S. l l (a) does any act with intent to cause by an explosive substance (l). or conspires to cause by an explosive substance an explosion of a nature likely to endanger life or to cause serious injury to property; or (b) makes or has in his possessions or under his control any explosive substance with intent by means thereof to endanger life or cause serious injury to property or to enable 1958 Crimes No. 623 1

(3) A person who takes any such oath or engagement as is mentioned in the last two preceding sub-sections cannot set up as a defence that he was compelled to do so unless within fourteen days after taking it or if he is prevented by actual force or sickness within fourteen days after the termination of such prevention he declares by information on oath before some member of the Executive Council or justice of the peace or if he is on actual service in Her Majesty's forces by sea or land either by such information or by information to his commanding officer the whole ofwhat he knows concerning the matter, including the person or persons by whom and in whose presence and the place where and the time when the oath or engagement was administered or taken. (4) A person who has been tried and convicted or acquitted on a charge of any of the offences mentioned in this section shall not be afterwards prosecuted upon the same facts for treason or for failing when he knows that any person intends to commit treason to give information thereof with all reasonable despatch to a justice or use other reasonable endeavo~irsto prevent the commission of the crime. Division 8-Offences Connected with Explosive substance^^^ Offences connected with explosive substances.

317. (1) In this Division unless inconsistent with the context or N0.6103~317. subject-matter- "Explosive substance" includes- (a) any material for making any explosive substance; (6) 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; and (c) any part of any such apparatus machine or implement. (2) Any person who unlawfully and maliciously causes by any ;;A:;;;;;:, explosive substance an explosion of a nature likely to endanger life or (1). to cause serious injury to property shall, whether any injury to person or property has been actually caused or not, be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than fifteen years.

28(3) Any person who unlawfully and maliciously- Ss. (3) amended by No. 9576 S. ll (a) does any act with intent to cause by an explosive substance (l). or conspires to cause by an explosive substance an explosion of a nature likely to endanger life or to cause serious injury to property; or (b) makes or has in his possessions or under his control any explosive substance with intent by means thereof to endanger life or cause serious injury to property or to enable 1958 Crimes No. 6231

any other person by means thereof to endanger life or cause serious injury to property- shall, whether any explosion does or does not take place and whether any injury to person or property has been actually caused or not, be guilty of an indictable offence, and shall be liable to imprisonment for a term or not more than fifteen years, and the explosive substance shall be forfeited to Her Majesty the Queen.

Ss. (4) amended 28(4) Any person who makes or knowingly has in his possession or by No. 9576 S. ll (1). under his control any explosive substance, under such circumstances as to give rise to a reasonable suspicion that he is not making it or does not have it in his possession or under his control for a lawful object shall, unless he can show that he made it or had it in his possession or under his control for a lawful object, be guilty of an indictable offence, and shall be liable to imprisonment for a term of not more than ten years, and the explosive substance shall be forfeited to Her Majesty the Queen. ss.(5)amended (5) Any person who by the supply of or solicitation for money, the by No. 9576 S. l l (1) providing of premises, the supply of materials, or in any manner whatsoever knowingly procures councils aids abets or is accessory to the commission of any crime under this Division shall be guilty of an indictable offence, and shall be liable to be tried and punished for that crime as if he had been guilty as a principal. Ss. (6) repealed * * * * * * * by No 9848 S. 18 (1). (7) In any presentment the same criminal act may be charged in different counts as constituting different crimes under this Division, and upon the trial of any such presentment the prosecutor shall not be put to his election as to the count on which he must proceed. (8) This Division shall not exempt any person from any indictment presentment or proceeding for a crime or offence which is punishable at common law or by any enactment other than this Division but no person shall be punished twice for the same criminal act.

Para (a) (9) (a) If a justice is satisfied by information on oath by any member amended by No 8179s. 4 of the police force above the rank of senior sergeant authorized in writing by the Chief Commissioner of Police (whether generally or in any particular case) in that behalf that there is reasonable ground for suspecting that an offence under this Division has been, is being, or is about to be committed he may grant a search warrant authorizing any member of the police force named therein to enter at any time any premises or place mentioned in the warrant, if necessary by force, and to search the premises or place and every person found therein, and to seize and detain any explosive substance which he finds on the premises or place, or on any such person, in respect of which or in connexion with which he has reasonable grounds for suspecting that an offence under this Division has been, is being, or is about to be committed. 1958 Crimes No. 623 1

(6) The member of the police force making the search may arrest without warrant any person found on the premises whom he has reason to believe to be guilty of an offence under this Division.

(C) Save as aforesaid the rules to be observed with regard to warrants ;$by No, to search mentioned in the Magistrates (Summary Proceedings) Act 8731 173. 1975 shall extend and apply to warrants under this section.

29(d) The provisions of this section shall be read and construed as in aid and not in derogation of the provisions with regard to warrants tn cearrh rnntained in the said Act nr elsewhere. TELEPHONE firm&

S. 317 3 that art after B amended AM!!N\>hd (as Irom 1 18/8?7rady(:.))j6 of 1986 No. 101. )S. 6762 Om~tthe words , and the explosive substance shall be forfeited to IIer Majesty (a) (b). 7184 the Queen". '407 S. 2 (a) ~bstituted S. 317 4 . ). 7645 S. 3. S. m!!NI>l;D (as [rom 1/8/87) by 56 of 1986 No. 101. ) amended Om~tthe words , and the explosive substance shall be forfeited to Iler Majesty )S. 9554 S. 2 the Queen". 576 S. ll (l), 986s. 180 S. 317 7. AMI!NI>l!D (as from 25/6/89) by S. 19 of 1989 No. 25.

Omit the words "the rosec cut or" and substitute:-- - - "counsel for the prosecution'. S 317 9)(a). iEFl!k S. 3 (Schedule Item 42:16) of !989 No. 57. To be amended but the amend~nggrovislon 1s not yet in force. Omit th: words "a justice is satisfied information on oath by" and substitute:- a magistrate is satisfied by tie evidence on oath or by amdavit or. S. 317 9)(c). ReF1;k S. 3 (Schedule Item 42:16) of 1.989 No. 57. To be amended but the amend~ngprovlslon IS not yet in force. Omit the ex ression "warrants to search mentioned in the Magistrates (Summary ~rrreedin~sfAct 1975" and substitute:- "search warrants mentioned in the Magisfrates' Court Act 1989". Part I Division 9 headin . AM,I!NI>I!D (as lrom 11887) b S 102 of 1986 No. 127. Om~tthe word CARSn and subst~utc:- vi!~na-rs-. S. 318 l . AMI!NLl!D (as from 1/7/87) by S. 102 of 1986 No. 127 Omit the word "car" and subst~tutc:- . (3) amended 'vehicle'. No. 9576 11 (1). S. 318 2 . AM!!N\>I!D (as from 1/7/87) by S. 102 of 1986 No. 127. Om~tthe word "car" (wherever occufrin ) and in each case substitute:- VC #1cle'. is. (4) amended - .------.-W -. V. U'. AAA..."..."." V..WL.WW \-! --. by No. 9576 under this section shall not in respect of the death concerned s.ll(l). subsequently be prosecuted for unlawfbl homicide or under this section. (5) A person who is convicted or acquitted of any form of unlawful E;$ ;;;;M homicide not referred to in this section shall not in respect of the death 11 (1). concerned subsequently be prosecuted under this section and no other 1958 Crimes No. 6231

(b) The member of the police force making the search may arrest without warrant any person found on the premises whom he has reason to believe to be guilty of an offence under this Division.

(C) Save as aforesaid the rules to be observed with regard to warrants :cn:& by No, to search mentioned in the Magistrates (Summary Proceedings) Act 8731 173. 1975 shall extend and apply to warrants under this section. 29(d) The provisions of this section shall be read and construed as in aid and not in derogation of the provisions with regard to warrants to search contained in the said Act or elsewhere. 30Division9-Driving Offences Connected with Motor Cars

Culpable driving causing death. 32318. (1) Any person who by the culpable driving of a motor ;i;ft;;6y car causes the death of another person shall be guilty of an indictable 13 (a) (b),7184 offence and shall be liable to imprisonment for a term of not more than ;i:cEi;,F) seven years or to a fine of not more than 150 penalty units or to both by NO. 7645 S. 3. such imprisonment and fine. bySS. NOS. (l)amended 9554 S. 2 (2).9576 S. l l (1). 111/1986s. 180 (2). (2) For the purposes of sub-section (1) a person drives a motor car culpably if he drives the motor car- (a) recklessly, that is to say, if he consciously and unjustifiably disregards a substantial risk that the death of another person or the infliction of grievous bodily harm upon another person may result from his driving; or (b) negligently, that is to say, if he fails unjustifiably and to a gross degree to observe the standard of care which a reasonable man would have observed in all the circumstances of the case; or (c) whilst under the influence of alcohol to such an extent as to be incapable of having proper control of the motor car; or (d) whilst under the influence of a drug to such an extent as to be incapable of having proper control of the motor car.

(3) A presentment for an indictable offence under this section shall E;iz);'jl;;d* specifi which form of culpability within the meaning of sub-section (2) 11 (1). is charged but evidence of the whole of the circumstances shall be admissible on the hearing of the presentment.

(4) A person who is convicted or acquitted of an indictable offence E;$) z;d* under this section shall not in respect of the death concerned ,. 11 (1,. subsequently be prosecuted for unlawfbl homicide or under this section. (5) A person who is convicted or acquitted of any form of unlawful E;iz) ;;F homicide not referred to in this section shall not in respect of the death 11 (1,. concerned subsequently be prosecuted under this section and no other Crimes No. 6231

form of unla~lnlawfulhomicide shall be charged in the same presentment with an indicndictable offence under this section.

Ss (6)amended (6) A pen person who is convicted or acquitted of an indictable offence by No. 9576 S l1 (l) under this seis section shall not in respect of the circumstances concerned be proceeded::ldedagainst under the Motor Car Act l 958 for having driven a motor car car on a highway recklessly or at a speed or in a manner dangerous to~!jto the public having regard to all the circumstances or for having driveniven a motor car whilst under the influence of alcohol or a drug and no no such offence shall be charged in the same presentment with an indic-hdictableoffence under this section.

(7) "Drugdrug" means any substance or preparation for the time being declared by O)y Order made by the Governor in Council to be a drug for the purposes cses of this section.

(8) Any Oiy Order made by the Governor in Council under sub-section (7) may by thqr the like Order be revoked or varied.

S 319 amended by Nos 6658 S 3 6762s 13 (c) (d) 7332 S 2. 7546 S 6 repealed by No 7645 S 5

No 61 03 s 320 S 320 arneqded by Nos 6762 s 13(e) 7184 S 4 substttuled by No 7645 S 4 amended by Nos 7876 S 2 (3) 9576s l1 (1) 10084s 5 (repealed by rio 10260s 114

IDIV 10 Head~ng Division 10--Conspiracy ~epealedby No 9576 s 8 (a) lUew Head~ng and Dtr 10 (ss 321-321F) Inserted by No 11 0079 s 7 (2) 1'

Conspiracy to y to commit an offence.

C; 321 amended 321. (1) Su) Subject to this Act, if a person agrees with any other person t~yNo 6561 S 3 repealed by No or persons that, that a course of conduct shall be pursued which will involve 7645 s 5 new S 321 Inserted the commissicinssion of an offence by one or more of the parties to the b'y NO 10079 s 7 agreement, he i!he is guilty of the indictable offence of conspiracy to commit [:?l 1' that offence. i:. 1958 Crimes No. 6231

(2) For a person to be guilty under sub-section (1) of conspiracy to commit a particular offence both he and at least one other party to the agreement- (a)must intend that the offence the subject of the agreement be committed; and (b) must intend or believe that any fact or circumstance the existence of which is an element of the offence will exist at the time when the conduct constituting the offence is to take place.

(3) A person may be guilty under sub-section (1) of conspiracy to commit an offence notwithstanding the existence of facts of which he is unaware which make commission of the offence by the agreed course of conduct impossible.

(4) A nresentment at the Supreme Court or the County-. Court of a ~;~~~i;;;~~,g ANSTAT ;bout the (,). 675444 +(87/D) 5816231 p. 88 lthorized n677931 purposes S 318(6). AMENDED (as fiorii 1/7/87) by S. 102 of' 1986 No. 127. Omit the words *Moror Car Ac~1958' and substitute:- =RodWcty An im*.

S. 318(6). AMENDED (as from 11'7167) by S. 102 of 1986 No. 127. Omit the word 'car' (where twice occurring) snd In each case substitute:- 1 section S. 321A inserted by No. 10079 S. 7 'VeMCk'. in force (2),33

S. 3180. REPULED & S- (as from 9/12/87) by s. 4 of 1987 No. 78 as ~OIJOWS:- :lements -IT)*DN~*meam r drug within tbe meaning of rbe ROOd onstitute &$cry Acf 1986'. 321 (l) is S. 318(8). REPWD(as from 9/12/R7) 11:. s 4 01' 19X7 No. 78.

-- --p --- . ------. o in that sub-section is made. (2) Where all parties to an agreement are outside Victoria when it is made, section 321 shall apply in relation to it if, but only if, that agreement is to pursue a course of conduct which, if the agreement is carried out in accordance with their intentions, will necessarily amount to o: involve the commission of an offence against a law in force in Victoria.

As to consequences of acquittal of CO-conspirators. 321~.It is hereby declared that the conviction of a conspirator ;$;$;E? whether tried together with or separately from another alleged 594). conspirator or other alleged conspirators may stand notwithstanding ;i~;,;g;;~7 that the other alleged conspirator or conspirators is are or may be (2).33 acquitted unless in all the circumstances of the case the conviction is inconsistent with the acquittal of the other alleged conspirator or conspirators. Crimes No. 6231

(2) For a person to be guilty under sub-section (1) of conspiracy to commit a particular offence both he and at least one other party to the agreement- (a) must intend that the offence the subject of the agreement be committed; and (6) must intend or believe that any fact or circumstance the existence of which is an element of the offence will exist at the time when the conduct constituting the offence is to take place. (3) A person may be guilty under sub-section (l) of conspiracy to commit an offence notwithstanding the existence of facts of which he is unaware which make commission of the offence by the agreed course of conduct impossible. (4) A presentment at the Supreme Court or the County Court of a ;;$)i;gg;. person for an offence against this section shall not be made without the (,,. approval of the Director of Public Prosecutions or of a person authorized by the Director of Public Prosecutions to give approval for the purposes of this sub-section.

Agreements to commit offences outside Victoria. 321~.(1) The expression "the commission of an offence" in section ;;E;;I~";;;; 321 (1) extends to the commission of an offence against a law in force (21.33 only in a place outside Victoria if, but only if- (a) the necessary elements of that offence include elements which, if present or occurring in Victoria, would constitute an offence against a law in Victoria; and (6) one or more of the persons referred to in section 321 (1) is or are in Victoria when the agreement referred to in that sub-section is made. (2) Where all parties to an agreement are outside Victoria when it is made, section 321 shall apply in relation to it if, but only if, that agreement is to pursue a course of conduct which, if the agreement is camed out in accordance with their intentions, will necessarily amount to or involve the commission of an offence against a law in force in Victoria.

As to consequences of acquittal of CO-conspirators. 321~.It is hereby declared that the conviction of a conspirator ;z;;i;z;y whether tried together with or separately from another alleged 594). conspirator or other alleged conspirators may stand notwithstanding ;;:,;3;+;c7 that the other alleged conspirator or conspirators is are or may be (2,.,3 acquitted unless in all the circumstances of the case the conviction is inconsistent with the acquittal of the other alleged conspirator or conspirators. 1958 Crimes No. 623 1

Penalties for conspiracy.

S.321Cinsert* 321~.(1) Where a person is convicted under section 321 of by No. 10079 S. 7 m.33 conspiracy to commit an offence or offences against a law or laws in force in Victoria- (a) if the penalty for the relevant offence is fixed by law, the person shall be liable to a penalty not exceeding the penalty for the relevant offence; (6) if the relevant offence, or any of the relevant offences, is an offence for which the penalty is imprisonment for a term the maximum length of which is not prescribed by law, the person shall be liable to imprisonment for a term of not more than fifteen years; (C) subject to paragraphs (a), (b) and (d),if the relevant offence, or any of the relevant offences, is an offence for which a maximum penalty is prescribed by law, the person shall be liable to a penalty not exceeding that maximum penalty or the accumulated maximum penalties, as the case may be; or (d) if the relevant offence, or each of the relevant offences, is triable only in a Magistrates' Court, the person shall be liable to imprisonment for- (i) a term of not more than three years; or (ii) a term not exceeding the maximum term of imprisonment (if any) prescribed in respect of the relevant offence or the greatest of the maximum terms prescribed in respect of any of the relevant offences, as the case requires- whichever is the greater. (2) Where a person is convicted under section 32 1 of conspiracy to commit an offence or offences against a law or laws in force only in a place outside Victoria- (a) the person shall, if the relevant offence, or any of the relevant offences, is punishable by a term of imprisonment, be liable to imprisonment for a term not exceeding ten years; and (6) the person shall, in any other case, be liable to a fine of not more than 100 penalty units.

Application of certain provisions. s.321Dinwrtd 321~.Sections 32 1 (2) and (3) and 32 1 B shall apply, so far as they by No. 10079 S. 7 (21.- are capable of doing so and with such changes as are necessary, for the purpose of determining whether a person is guilty of conspiracy under any enactment other than section 321 or of conspiracy to cheat and defraud or of conspiracy to defraud. Crimes No. 6231

Limitations on prosecution.

321~.(1) Where any enactment prohibits the institution or gi;;.:b;y91p7 continuance of proceedings for an offence otherwise than by or with (21.33 the consent of any person, the prohibition shall apply in relation to proceedings under section 32 1 for conspiracy to commit that offence.

(2) Where- (a) an indictable offence has been committed in pursuance of an agreement; and (b) proceedings may not be instituted for that offence because a time limit applicable to the institution of such proceedings has expired- flwZ&TELEPHONE (8911) 5816231 pp. 90 - 91

S. 321C(l)(d) REFER S. 3 i~chedulcItem 42,17) of 1,989 No. 57. To be amended but the amend~ngpr?v~s~on 1s not yet in force. Omit the words a magistrat:~'the court Magistrates' and substitute:- Court'. ---,,. ucllauu or 01 conspiracy to defraud.

Abolition of certain offences of conspiracy at common law.

321~.(1) The offence of conspiracy at common law is hereby Eiy;.:g;;r7 abolished. (21."

(2) Nothing in sub-section (1) shall affect the offence of conspiracy at common law so far as it relates to conspiracy to cheat and defraud and conspiracy to defraud.

(3) Any offence at common law of incitement to commit the offence of conspiracy or attempt to commit the offence of conspiracy (whether the offence of conspiracy incited or attempted would be an offence at common law or under section 321 or any other enactment) is hereby abolished. (4) A presentment at the Supreme Court or the County Court of a y;;;,, person for an offence of conspiracy to cheat and defraud or conspiracy (b,. to defraud shall not be made without the approval of the Director of Public Prosecutions or of a person authorized by the Director of Public Prosecutions to give approval for the purposes of this sub-section. 1958 Crimes No. 6231

Limitations on prosecution.

321~.(1) Where any enactment prohibits the institution or continuance of proceedings for an offence otherwise than by or with (21.33 the consent of any person, the prohibition shall apply in relation to proceedings under section 32 1 for conspiracy to commit that offence.

(2) Where- (a) an indictable offence has been committed in pursuance of an agreement; and (b) proceedings may not be instituted for that offence because a time limit applicable to the institution of such proceedings has ertpired- proceedings under section 321 for conspiracy to commit that offence shall not be instituted against any person on the basis of that agreement.

(3) A person shall not be liable to be convicted in respect of the same agreement of both- (a) conspiracy under section 32 1; and (b) conspiracy under any enactment other than section 321 or of conspiracy to cheat and defraud or of conspiracy to defraud.

Abolition of certain offences of conspiracy at common law.

321~.(1) The offence of conspiracy at common law is hereby ;i;;.;z;rI abolished. P).=

(2) Nothing in sub-section (1) shall affect the offence of conspiracy at common law so far as it relates to conspiracy to cheat and defraud and conspiracy to defraud.

(3) Any offence at common law of incitement to commit the offence of conspiracy or attempt to commit the offence of conspiracy (whether the offence of conspiracy incited or attempted would be an offence at common law or under section 321 or any other enactment) is hereby abolished.

(4) A presentment at the Supreme Court or the County Court of a person for an offence of conspiracy to cheat and defraud or conspiracy (b,. to defraud shall not be made without the approval of the Director of Public Prosecutions or of a person authorized by the Director of Public Prosecutions to give approval for the purposes of this sub-section. 92 1958 Crimes No. 6231

Headlng and DIV. Division 11Incitement ll (ss. 32i~-321~) inserted by No. 10079 S. 7 (2).33 Incitement.

s.321Glnserted 321~.(l) Subject to this Act, where a person in Victoria or by No. 10079 S. 7 (2).33 elsewhere incites any other person to pursue a course of conduct which will involve the commission of an offence by- (a) the person incited; (6) the inciter; or (c) both the inciter and the person incited- if the inciting is acted on in accordance with the inciter's intention, the inciter is guilty of the indictable offence of incitement. (2) For a person to be guilty under sub-section (1) of incitement the person- (a) must intend that the offence the subject of the incitement be committed; and (b) must intend or believe that any fact or circumstance the existence of which is an element of the offence in question will exist at the time when the conduct constituting the offence is to take place. (3) A person may be guilty under sub-section (1) of incitement notwithstanding the existence of facts of which the person is unaware which make commission of the offence in question by the course of conduct incited impossible.

Incitement to commit offences outside Victoria.

s.3*lHlnserted 321~.(l) The expression "the commission of an offence" in section by No. 10079 S 7 (2)." 32 IG (1) extends to the commission of an offence against a law in force only in a place outside Victoria if, but only if- (a) the necessary elements of the offence consist of or include elements which, if present or occurring in Victoria, would constitute an offence against a law in force in Victoria; and (6) the person inciting is in Victoria at the time of the inciting.

Penalties for incitement. s.32111nserted 3211. (1) Where a person is convicted under section 3216 of by No. 10079 s 7 (2).33 incitement to commit an offence or offences against a law or laws in force in Victoria- (a) if the penalty for the relevant offence is fixed by law, the person shall be liable to a penalty not exceeding the penalty for the relevant offence. (6) if the relevant offence, or any of the relevant offences, is an offence for which the penalty is imprisonment for a term 1958 Crimes No. 6231

the maximum length of which is not prescribed by law, the person shall be liable to imprisonment for a term of not more than fifteen years; (C) subject to paragraphs (a), (b) and (d), if the relevant offence, or any of the relevant offences is an offence for which a maximum penalty is prescribed by law, the person shall be liable to a penalty not exceeding that maximum penalty or the accumulated maximum penalties, as the case may be; or (-I\ :C -1-r-nt nffence or each of the relevant offences, is

(89IJ) 5816231 pp. 92 - 93 S. 32111. AM!ZNI)K!D (as fror:! 125/6/89 by S. 20 of 1989 No. 25. Omit the expresston (1)- (where first occurr~ng). S. 3211(l)(d . REFER S. 3) (Schedule Item 42:18) of 1,989 No. 57. To be amended but the amend~ngprpvlslon IS not yet in force. Omit t hc words 'a magistrates' court and substit u!e:- the Magistrates' Court .

(2) Where a person is convicted under sect~on3LlG or IIlr;lrcll~b~,, to commit an offence or offences against a law in force only in a place outside Victoria- (a) the person shall, if the relevant offence, or any of the relevant offences, is punishable by a term of imprisonment, be liable to imprisonment for a term not exceeding ten years; and (6) the person shall, in any other case, be liable to a fine of not more than l00 penalty units.

Application of certain provisions. 3215. Subsections (2) and (3) of section 32 16 shall apply, so far as :$;,J,;;;, they are capable of doing so and with such changes as are necessary, for (2).33 the purpose of determining whether a person is guilty of incitement under any enactment other than section 32 1G.

Limitations on prosecution.

321~.(1) Where any enactment prohibits the institution or :$';,:b;y;:d7 continuance of proceedings for an offence otherwise than by or with (g.= the consent of any person, the prohibition shall apply in relation to proceedings under section 32 1c for incitement to commit that offence. (2) Where- (a) an indictable offence has been committed; and (b) proceedings may not be instituted for that offence because 1958 Crimes No. 623 1

the maximum length of which is not prescribed by law, the person shall be liable to imprisonment for a term of not more than fifteen years; (C) subject to paragraphs (a), (6)and (d),if the relevant offence, or any of the relevant offences is an offence for which a maximum penalty is prescribed by law, the person shall be liable to a penalty not exceeding that maximum penalty or the accumulated maximum penalties, as the case may be; or (d) if the relevant offence, or each of the relevant offences, is triable only in a Magistrates' Court, the person shall be liable to imprisonment for- (i) a term of not more than three years; or (ii) a term not exceeding the maximum term of imprisonment (if any) prescribed in respect of the relevant offence or the greatest of the maximum terms prescribed in respect of any of the relevant offences as the case requires- whichever is the greater.

(2) Where a person is convicted under section 32 1~ of incitement to commit an offence or offences against a law in force only in a place outside Victoria- (a) the person shall, if the relevant offence, or any of the relevant offences, is punishable by a term of imprisonment, be liable to imprisonment for a term not exceeding ten years; and ('b) the person shall, in any other case, be liable to a fine of not more than 100 penalty units.

Application of certain provisions.

3215. Sub-sections (2) and (3) of section 321~shall apply, so far as ;i;;,J,;;;;r, they are capable ofdoing so and with such changes as are necessary, for (21.33 the purpose of determining whether a person is guilty of incitement under any enactment other than section 32 1~.

Limitations on prosecution.

321~.(l) Where any enactment prohibits the institution or ~i~;,:g~;;d7 continuance of proceedings for an offence otherwise than by or with (2,.= the consent of any person, the prohibition shall apply in relation to proceedings under section 32 1c for incitement to commit that offence. (2) Where- (a) an indictable offence has been committed; and (b) proceedings may not be instituted for that offence because 1958 Crimes No. 623 1

a time limit applicable to the institution of such proceedings has expired- proceedings under section 32 1~ for incitement to commit that offence shall not be instituted against any person.

(3) A person shall not be liable to be convicted in respect of the same inciting of both- (a) incitement under section 32 1G; and (b) incitement under any enactment other than section 32 l G.

Incitement at common law abolished.

S. 321~insertd 321~.The offence of incitement at common law is hereby abolished. by No. 10079 S. 7

Heading and Div Division 12-Attempts 12 (SS. 321 M-321 S) inserted by No. 10233 S. 4.u

Attempt. s.321Minserted 321~.A person who attempts to commit an indictable offence is by No. 10233 S, 4.34 guilty of the indictable offence of attempting to commit that offence.

Conduct constituting attempt. s.321Nlnsertd 321~.(1) A person is not guilty of attempting to commit an offence by No. 10233 S, 4.34 unless the conduct of the person is- (a) more than merely preparatory to the commission of the offence; and (b) immediately and not remotely connected with the commission of the offence.

(2) For a person to be guilty of attempting to commit an offence, the person must- (a) intend that the offence the subject of the attempt be committed; and (b) intend or believe that any fact or circumstance the existence of which is an element of the offence will exist at the time the offence is to take place.

(3) A person may be guilty of attempting to commit an offence despite the existence of facts of which he or she is unaware which make the commission of the offence attempted impossible. 1958 Crimes No. 6231 95

Attempts to commit offence outside Victoria. 3210. (1) A person in Victoria who attempts to commit in another ;iE;ggfld State or in a Territory an offence which, if committed in whole or in 4.34 part in Victoria, would be an indictable offence against the law of Victoria is guilty of the indictable offence of attempting to commit that offence. (2) A person outside Victoria who attempts to commit an indictable offence in Victoria is guilty of the indictable offence of attempting to commit that offence. (3) In sub-section (l), "Territory" means the Australian Capital Territory, the Jervis Bay Temtory or the Northern Temtory.

Penalties for attempt. 321~.(l) A person convicted of attempting to commit an offence giz.y;;&fld is liable- S. 4.34 (a) unless the relevant offence is murder, to a penalty not exceeding the maximum penalty fixed or prescribed by law for the relevant offence; or (b) if- (i) a maximum penalty for the relevant offence is not fixed or prescribed by law; or (ii) the relevant offence is murder- to imprisonment for a term of not more than 15 years. (2) A person convicted under this Division of attempting to commit an offence for which, under another enactment, a penalty is provided that is lower than that provided under sub-section (l), the person is liable only to that lower penalty. (3) In this section, a reference to a maximum penalty includes, in relation to an offence against the law of a place outside Victoria, a reference to a maximum penalty (not exceeding life imprisonment) fixed or prescribed by a law of that place and, if a maximum penalty so fixed or prescribed exceeds life imprisonment, is a reference to life imprisonment.

Limitations on prosecution. 321~.(1) Any provision to which this section applies has the same ;if;dy2gfid effect with respect to an offence of attempting to commit an offence as 4.- it has with respect to the offence attempted. (2) This section applies to provisions of any of the following descriptions made by or under any enactment: (a) Provisions concerning the power to institute proceedings; 1958 Crimes No. 623 1

(6) Provisions conferring a power of search in respect of persons or property; (c) Provisions conferring a power of seizure or detention of property; (d) Provisions whereby a person may not be convicted or committed for trial on the uncorroborated evidence of one witness (including any provision requiring the evidence of not less than two credible witnesses); (e) Provisions confemng a power to fine or of forfeiture, including any power to deal with anything liable to be forfeited; (f) Provisions concerning the liability of a persoil for the commission of an offence by a body corporate. (3) A person is not liable to be convicted in respect of the same conduct of both- (a) an offence under section 32 1M; and (b) an offence under any other enactment of attempting to commit an offence.

Application of Division.

s.321Rlnserted 321~.(1) This Division applies to and in respect of an offence by No. 10233 S- 4.- under any other enactment of attempting to commit an offence. (2) The preceding provisions of this Division do not apply to an attempt- (a) to aid, abet, counsel or procure the commission of an indictable offence; or (b) to commit the offence of conspiracy whether that offence is a statutory offence or an offence at common law.

Abolition of attempt at common law.

s.321Slnserted 321s. The offence of attempt at common law is abolished. by No 10233 S. 4.34 S. 322 repealed * * * * * * S by No 9576 S. 8 (a).

Head~ngand PART IA.-ABOLITION OF OBSOLETE OFFENCES P! IA (S.322A) ~nsertedby No. 7884 S. 2 (2). Maintenance and certain other offences abolished. s.322* inserted 322~.Any distinct offences under the common law of maintenance by No. 7884 S. 2 (2). (including champerty but not embracery), or of being a common barrator, a common scold or a common night walker are hereby abolished. 1958 Crimes No. 623 1 97

PART IB.-ABOLITION OF HISTORICAL CLASSIFICATIONS :g;,":ng and R. 3228-322F) insertedby No. Abolition of distinctions between felony and misdemeanour. 9576 S. 2.

322~.(1) All distinctions between felony and misdemeanour are ;i",'z~;;;;,e," hereby abolished. (2) Subject to section 322~,in all matters in which before the commencement of this Part a distinction has been made between felony and misdemeanour (including mode of trial), the law and practice in relation to all indictable offences cognizable under the law of Victoria (including piracy and offences deemed to be piracy) shall be the law and practice applicable immediately before the commencement of this Part in relation to misdemeanour.

Nomenclature. 322c. (1) Subject to any express amendment or repeal made by ;i",';\;;,?"; the Crimcs (ClasslJicationof Ofences) Act 1981, any enactment passed before the commencement of this Part and creating an offence by directing it to be a felony shall be read as directing it to be an indictable offence. (2) Nothing in this Part shall affect the operation of any reference to an indictable offence in the enactments specially relating to that offence by reason only of the reference being in terms no longer applicable after the commencement of this Part. (3) Any offence known to the common law as a felony or a misdemeanour shall on and from the commencement of this Part be known as an indictable offence. (4) Subject to sub-section (1) and to any express amendment or repeal made by the Crimes (ClassiJication of Oflnces) Act l98 l, a reference in any instrument or document whatsoever (including Acts, rules, regulations and other instruments of a legislative character) to- (a) a class of felony; or (b) felonies in general- shall be read and construed as a reference to that class of serious indictable offence or to serious indictable offences generally, as the case requires; and for the purposes of this subsection the expression "serious indictable offence" has the same meaning as it has in section 325. (5) Where in any Act, rule, regulation or other instrument of a legislative character a provision is expressed to apply to or in relation to indictable offences, the provision shall be read and construed as applying to offences which may be tried on indictment or presentment, including offences which may, or may in certain circumstances, also be tried summarily. Crimes No. 623 1

Transitional provisions.

s.322Dinsefled 322~.(l) This Part, insofar as it affects any matter of procedure or by No. 9576 S. 2. evidence or the jurisdiction or powers of any court in relation to indictable offences, shall have effect in relation to proceedings on indictment or presentment for an offence (except as provided by the following sub-sections of this section) if, but only if, the person charged with the offence is arraigned after the commencement of this Part.

(2) Where a person is arraigned after the commencement of this Part on indictment or presentment for a felony committed before that commencement, the offence shall for the purposes of his trial on that indictment or presentment be deemed always to have been a misdemeanour and, notwithstanding that the indictment or presentment is framed for felony, shall be deemed to be charged as a misdemeanour. (3) On an indictment or presentment found or made before the commencement of this Part a person may notwithstanding sub-section (2) be found guilty of any offence of which he could have been found guilty on the indictment or presentment if the Crimes (Classificationof O$ences) Act 1981 had not come into operation, but not of any other offence.

Treason and misprision of treason not affected. s.322Efnsefled 322~.Nothing in this Part shall be taken to affect directly or by No. 9576 S.2. indirectly any matter of law or practice applicable to treason or misprision of treason.

Other enactments not affected. s.3nFcnsert* 322~.This Part shall not affect the operation of any enactment by No. 9576 S. 2. restricting the institution of proceedings for an offence.

DV.1. Heading Division l-Abettors, Accessories and Concealers of Offences substituted bv

SubHeading (1) (1) Abettors in Indictable OBnces substttuted by No. 9576 S. 4 (1).

Abettors in indictable offences triable as principal offenders.

S. 323 323. A person who aids, abets, counsels or procures the commission substituted by NO. 9576 4 (1). of an indictable offence may be tried, indicted or presented and punished as a principal offender. 1958 Crimes No. 6231 99

(2) Abettors in Ofences Punishable Summarily sub-~eading(2) substituted by No.9576 S. 4-(1). Abettors in summary offences triable as principal offenders.

324. A person who aids, abets, counsels or procures the commission z";;;tuted by of an offence which is by this Act punishable on summary conviction No.9576 ,. either for every time of its commission or for the first and second time only shall be liable for every first, second or subsequent offence of aiding, abetting, counselling or procuring to the same punishment as a principal offender.

(3) Accessories Sub-Heading (3) inserted by No.9576 S. 4 (1). Accessories.

325. (l) Where a person (in this section called "the principal :";;;tutwbr offender") has committed a serious indictable offence (in this section NO. 9576 4 (I). called "the principal offence"), any other person who, knowing or believing the princpal offender to be guilty of the principal offence or some other serious indictable offence, without lawful authority or reasonable excuse does any act with the purpose of impeding the apprehension, prosecution, conviction or punishment of the principal offender shall be guilty of an indictable offence. (2) If, on the trial of any person for a serious indictable offence, the jury are satisfied that the offence charged (or some other serious indictable offence of which the accused might on that charge be found guilty) was committed, but find the accused not guilty of it, they may find him guilty of any offence under sub-section (1) of which they are satisfied that he is guilty in relation to the offence charged (or that other offence). (3) A person charged with an offence against sub-section (1) may be indicted or presented and convicted together with or before or after the principal offender and whether or not the principal offender is amenable to justice. (4) A person convicted of an offence against sub-section (l) shall be liable- (a) if the principal offence is one for which the penalty is imprisonment for life, to imprisonment for not more than fifteen years; or (b) in any other case, to imprisonment for a term which is neither- (i) more than five years in length; nor (ii) more than one-half the length of the longest term which may be imposed on first conviction for the principal offence. * * * a * * Ss. (5)repealed by No. 9848 S. 18 (l). Crimes No. 6231

(6) In this section, "serious indictable offence" means an indictable offence which, by virtue of any enactment, is punishable on first conviction with imprisonment for life or for a term of five years or more.

Sub-Heading (4) (4)Concealers of Oflences inserted by No. 9576 S. 4 (1) Concealing offences for benefit.

S. 326 326. (1) Where a person has committed a serious indictable offence, substituted by No.9576~.4(1). any other person who, knowing or believing that the offence, or some other serious indictable offence, has been committed and that he has information which might be of material assistance in securing the prosecution or conviction of an offender for it, accepts any benefit for not disclosing that inf~.rmationshall be guilty of an indictable offence and liable to imprisonment for a term of not more than two years. (2) Notwithstanding anything to the contrary in sub-section (l), it is no offence against this section to fail to disclose the commissign of any offence against- (a) Division 2 of Part I.; or (b) sub-division (l), (2) or (3) of Division 3 of Part 1.- if the only benefit accepted in return for failing to disclose the commission of the offence is the making good of any loss or injury caused by its commission or the making of reasonable compensation for any such loss or injury. (3) For the purposes of this section a person shall be deemed to accept a benefit if he accepts or agrees to accept any benefit or advantage, or the promise of any benefit or advantage, either to himself or to another, whether or not the benefit or advantage is in money or money's worth. Ss. (4) repealed * * * * * * 8b by No. 9848s. 18 (1 1. (5) The compounding of an offence other than treason shall not be an offence otherwise than under this section. (6) In this section, "serious indictable offence" has the same meaning as it has in section 325. S. 327 amended * * * * * * * by No. 6371 S. 4. rmaled by No. 9576 S 4 (1).

S. 328 repealed * * by No. 9576 S. 4 (1).

SS. 329-332 * * repealed by No. 8425 S. 2 (1) (h). 1958 Crimes No. 6231 101

* * Ir * 1 * * Ss. 333 and 334 and Sub-Headings (4) and (5) repealed by No. 9576 S.4 (1 ). No offences by child under 8.

335. It shall be conclusively presumed that no child under the age N0.6103s.335. of eight years can be guilty of any offence.

l Heading #ledby No. S. 5. new (89lJ) 5816231 pp. 100 - 101 !Heading ted by No. S. 335. S. 2 (b). REFER S. 286 Schedule 2 Item 7.1) of 1989 No. 56. To bc repealed but the repealing provision is not yet in force. PLEASE NOTE: Schedule 3 (Item 12) of 1989 No. 56 which provides as follows:- "12. The repeal of section 335 of the Crimes Act 1958 and the enactment d section 127 of thts Act das not affect the heann and determination of a i6 repealed char r for an offence against a child rho war under tie age of 10 ears but of 0.8338 S.5. or a%ove the age of 8 years at the time of the alleged offence if tic offence is S. 336 alleged to have been commit ted before the commencement of section 127'. rted by No. 3 S. 2 (b).

(2) Where a woman is charged with an offence other than treason, murder or an offence specified in section 4, 11 or 14 of this Act, that woman shall have a complete defence to such charge if her action or inaction (as the case may be) was due to coercion by a man to whom she was then married. (3) For the purposes of this section "coercion" means pressure, whether in the form of threats or in any other form, sufficient to cause a woman of ordinary good character and normal firmness of mind, placed in the circumstances in which the woman was placed, to conduct herself in the manner charged. (4) Without limiting the generality of the expression "the circumstances in which the woman was placed" in sub-section (3), such circumstances shall include the degree of dependence, whether economic or otherwise, of the woman on her husband. (5) The accused shall bear the burden of adducing evidence that she conducted herself in the manner charged because she was coerced by her husband, but if such evidence has been adduced, the prosecution shall bear the burden of proving that the action or inaction charged was iiot due to coercion by the husband. (6) This section shall operate in substitution for the common law as to any presumption or defence of marital coercion. (7) This section shall not affect the law relating to the defence of duress. 1958 Crimes No. 6231

* * * * * * * Ss. 333 and 334 and Sub-Headings (4) and (5) repealed by No. 9576 S. 4 (1). No offences by child under 8.

335. It shall be conclusively presumed that no child under the age NO. 6103 335. of eight years can be guilty of any offence.

Div. 3 Heading Division 3--Criminal Liability of Married Persons repealed by No. 8338 S. 5. new Div. 3 Heading inserted by No. 9073 S. 2 (b).

Marital coercion. . . 336. (1) Any presumption that an offence committed by a wife in Ey ff rs,",, the presence of her husband is committed under his coercion is hereby new S 336 ~nsertedby No abolished. 9073 s 2 (b)

(2) Where a woman is charged with an offence other than treason, murder or an offence specified in section 4, 11 or 14 of this Act, that woman shall have a complete defence to such charge if her action or inaction (as the case may be) was due to coercion by a man to whom she was then married. (3) For the purposes of this section "coercion" means pressure, whether in the form of threats or in any other form, sufficient to cause a woman of ordinary good character and normal firmness of mind, placed in the circumstances in which the woman was placed, to conduct herself in the manner charged. (4) Without limiting the generality of the expression "the circumstances in which the woman was placed" in sub-section (3), such circumstances shall include the degree of dependence, whether economic or otherwise, of the woman on her husband. (5) The accused shall bear the burden of adducing evidence that she conducted herself in the manner charged because she was coerced by her husband, but if such evidence has been adduced, the prosecution shall bear the burden of proving that the action or inaction charged was hot due to coercion by the husband. (6) This section shall operate in substitution for the common law as to any presumption or defence of marital coercion. (7) This section shall not affect the law relating to the defence of duress. 1958 Crimes No. 623 1

Misprision.

s.337repealed 337. A married person shall not become guilty of misprision by by No. 8338 S. 5, new 337 concealing or failing to disclose the commission of an indictable offence inserted by,, No. by his or her spouse, or by the spouse and another party or parties, nor by concealing or failing to disclose facts which might lead to the apprehension of the spouse, or the spouse and such other or others, in respect of the offence.

Accessory after the fact.

s.338re~ealed 338. A mamed person shall not become an accessory to any by No. 8338 S. 5, new 338 indictable offence or guilty- - of- ~nsertedby No. 9073 S.2 (b). amended by No. 9576 S. ll (1).

Para. (a) amended by No. (a) an offence under section 40 or section 200 of this Act; 9228 S 2 (l) (i). (b) an offence under section 52 of the Summary Oflences Act 1966; or (c) the offence at common law of obstructing an officer ofjustice in the execution of his duty- by receiving, relieving, comforting or assisting his or her spouse, or the spouse and another person or persons, though with knowledge that the spouse, whether alone or with the other person or persons, has committed an offence and though the purpose of what is done is to enable the spouse, or the spouse and the other person or persons, to escape being apprehended, tried or punished.

Conspiracy and incitement.

s.339repealed 339. (1) A married person shall be criminally responsible for by No 8338 S. 5. news. 339 incitement or conspiracy to commit treason or murder and for any

g.:,"zbb$. g.:,"zbb$. offence specified in section 4 as if he or she were unmarried.

(2) Subject to sub-section (l), a married person shall not be criminally responsible for conspiracy with his or her spouse alone, nor for incitement of his or her spouse to commit a criminal offence.

ss.(3)amended (3) Nothing in sub-section ( 2) shall affect the liability of a married by No. 9576 S. l l (1). person as a principal offender in any offence except conspiracy or incitement.

Ss. 340 to 350 * * * * * * * repealed by No. 8338 S. S '(891J) 5816231 pp. 102 - 103

S. 338 that part before Para (h")). AMtiND$!ll (as from l/l./87) y S. 28 of l987 No. 19 to read:- '338. A married pe:son shall not become an accessory to any ind~ctable offence- . S. 338 a) to (c). R~Pl!~l.liI)(as from 1/12/87) by S. 28 of 1987 No. 19.

340. (1) In this Part- 'I\pprbprial,c aut horit ' mcans- (a) rn rclatlon ro anothcr Statc d the Commonwealth,. or a Territory of the <'urnmonwcalth (other than the Australian (hprtal l'erntory)- an quthority exercising in relation to the police force of that State or I'crritory functions corresponding to those of the Chief Cammissioncr of I'olice for Victoria in relation to thc police forcc of Victoria; (h) in relation tothe Australian Capital Territory-the <:ommissioner of the Auftral~anlledcral Police. 'Correspnd~nglaw mcans a law of anothcr Statc, or of a Tcrritory, of the Ommo?wealth dcclarcd by Proclamation to be a corresponding law. Night' means the interval bctwecn 9 o'clock in the evening and 6 o'clock the morning. 'Obstruct' includcs assault, thrcatcn, abuse, insult, intimidate, hinder and rttcmpt, to obstruct. Offence to which this Part applics' mcans an indictable offence against the bw of a reciprocatrn Stale (bcing an offence arising from an act, omrssron or rtatc of afia~rs*hi&, if done or occurring in Victoria, would attract criminal liability, undcr the law of Victona). Owner', of a? objcct, includes a pcrson entitled to possession of the objcct. 'Police force means thc police force of Victoria. 'Premises' mcans a building, structure or any lace whatsoever (whether built upon or not and whether enclosed or unenclorc8 and includcs an aircraft, vcsscl or vchrclc. 'Reciprocating Statc' means another Statc, or a Territory, of the Commonweal t h- - in which a corresponding law is in force; and iPh\ in rclation to which arrangements arc in force under section 344. 'Search warrant' mcans a warrant undcr this Part authorising a search of prcmises. (2) For the purposes of this Part- (a) anyth~ngobtajncd by the commission of an offence, used for the furpose of cornmltttng an offcncc, or in rcspct of whrch an offcncc as been committed; or (b) anything that may afford evidence of the commission of an

-I-

applies has been, or is an objcct relevant to the

(3) A magistrate by whom a search warrant is issued must file the warrant, or a copy of the warrant, and the affidavit vcriftnh the grounds on which the application for the warrant was made in the c ournc Magistrates' Court. 342. (1) A search warrant authorises any member of the police forcc, with such assistants as hc or she thinks necessary to enter and search the premises to which the warrant relates, and anything in those premises. (2) Sub'cct to any direction by a ma istrate authorising cxecution of a search warrani at night, or during specified pours of the night, it must not be execute6 at nighi. kr (3) A membcr of thc police forcc, or a pcrson assisting him or her, may use such force as is reasonably necessary for the execution ol a search warrant. (4) A member of the police force executing a search warrant may seize and remove any object he or she believes on reasonable rounds to be relevant to the investigation of the offence in relation to which tge warrant was issued (5) An objcct seized and removed under sub-rection (4) must be deali with in accordance with arran cmcnts in force undcr section 344. (6) A member of the pdjice force who executes a search warrant- (a) must prepare a notice in the prescribed form containing- i) his or bcr own name and rank 11) the name of the magistrate who luued thc warrant and the date rod time of 11s ique; and (iii) a dcrcri tiw of any djects ocizcd and removed in pursuance Bthc warrant; and (b) as soon as practicable, after the execution of the warrant, must givc the notice to the occupier (if an ) of the premises in respect of which the warrant was issued or Lavc it for him or her lo a prominent position on those premises. (7) A search warrant, if not executed at the expiration of one month from the date of its issue, then expires. 343. A person must not without lawful excuse, obstruct a membcr of the police force, or a person assislhg a member of the police force, in the execution of a search warrant. Penalty; 20 penalty units, 344. (1 The Minister may entcr Into arrangements with a Minister to whom the ad)ministration of a correspondin law IS committed undcr which- (a) ohjccts seized under this !art that may be relevant to the rnvestrgation of an Mencc against the law of the State, or Tcrritory in which the correspondin law is in forcc- g) arc to be transmiFted to the appropriate authority in that .tate or Territory for the urposcr of investigation of, or dinyin rupcct of hat dlencq and fii) rhso no longer requh for the pvr- of any such ~nvcbtigatioaa pmud~ngs,arc (unkss dis d by order or dircc!ioa of a mun to be rcturnceo tbc Chief Commimoner of Police {or Victoria; and (b) objects seized undcr the corresponding law that may be relevant to the invcstigation of an offence a arnst the I W of Victoria- (J are to + transmitted to the &hicl Comrnibner of Police Victona; and (ii) when no longer required for the purposes of investigation of an offence or rocudings in respect of an dencc arc (zols;i dir* o?bY-ordcr or direction of a murt bc returned to tbc appmpnate autbaity in tbc State a 'drntcq in which they were ccized. (2) The owner of an object returned to the Chief Commissioner of Police in pursuance of arrangements undcr sub-section (1) IS entitled to the return of the objects. (3) The right referred to in sub-section (2) is enforceable by action in detinuc In a court of competent jurisdiction. 345. The Governor in Council may make re ulations for or with res ct to any matter or thing n uircd or rrmittcd by ttis Part to be rcrribefto givc effect to ihis.Part a.n% an ruc regulation may be disallowcBin whole or In part by rcrolutron of crther ilourc of the Parl~amcntin accordancc with the requirements of section 6(2) of the Subordinate .Legislation Act 1962, which drsa!lowancc shall be deemed drsallowancc by Parlramcnt for the purposes of that Act. S. 341 3). REPEA S. 3 (Schedule Item 42.19) of 1989 No. 57. To be amended but the amending rovision is not ye! in force. Omit the words 'in- the ~elbournc-%agistrates8 Court and substitute:- with the princtpal registrar of the Court'. S 353 2) derr:k i. 3 (schedule Item 42.20) of I989 No. 57. To be amended but the amenping provision is not yet in force. Omit the words "or remanded . S. 353 2). REPEA S. 3 (~chedu~eItem 42.20) of 1989 NO. 57. To be amended but !he amending provision is not et in forcc. Omit the expression or directed to be tried at the {upreme Court or Covntj Court pursuant to section 51 of the Magistratcs (Summary Proceedings) Act 1975 . S. 353 2)(c). REPl!b S. 3 (Schedule itern 42:20) of 1?89 No. 57. To be amended but the amend~ngprovrslon IS not yet in force. Omit the words "an informa!ion shall be laid" and substitute:- a charge shall be filed'. Crimes No. 623 1

PART IIL-PROCEDURE AND PUNISHMENT Division l-Pleading Procedure, Proof &c. (1) Mode of Prosecution

Mode of prosecution.

351. All treasons and misprisions of treason shall be prosecuted by No. 6103 S. 351. indictment only, and all other indictable offences may be prosecuted by indictment or by presentment as hereinafter directed.

Prosecutors for the Queen.

352. Every person who at the time of the commencement of this N0.61039.352. Act holds the office of Prosecutor for the Queen shall without any ~i~~~~~~~, further or other appointment than this Act be a Prosecutor for the Queen under the provisions hereof as if appointed under this Act, and the Governor in Council may from time to time appoint as many fit and proper persons as may be needed to be Prosecutors for the Queen; and every such person shall be a barrister and solicitor of Victoria, and shall have practised as an advocate barrister or special pleader in England Ireland Scotland or Australia for a period of five years or, if he has practised in more than one of those places, for an aggregate period of five years.

Presentments.

353. ( 1) Subject to the provisions hereinbefore contained and to No. 6103 353. sub-section (2), the Director of Public Prosecutions or any Prosecutor E;EcFkded for the Queen in the name of the Director of Public Prosecutions may ;x%;,;O. make presentment at the Supreme Court or County Court of any person 10026 3 (l)'(e) for any indictable offence cognisable by such courts respectively, and cb). every such presentment may be in the form contained in the Third Schedule or to that effect and shall be as good and of the same force strength and effect in the law as if the same had been presented and found by the oaths of twelve men. (2) Subject to subsection (3,where in respect of any indictable E;;~~~,~~",, offence a person has been committed or remanded to the Supreme newSs.(~) Court or County Court for trial or directed to be tried at the Supreme :;$:,F(?! Court or County Court pursuant to section 51 of the Magistrates (Summary Proceedings) Act 1975- (a) a presentment referred to in sub-section (l) shall be made; (b) an indictment shall be laid; (c) an information shall be laid; or (d) a notice of trial or of intention to prefer a presentment shall 1958 Crimes No. 623 1

be given to the person by or on behalf of the Director of Public Prosecutions or a Prosecutor for the Queen- in respect of the offence within the period prescribed by the regulations made under this Act.

Ss (2A) inserted (2~)A copy of a presentment of a person for an indictable offence by No. 10233 s 9 (c) shall be served on the person in accordance with rules of court.

Ss. (3) Inserted (3) The trial of the person referred to in sub-section (2) shall be by No. 10026 S 3 (2) 24 commenced within the period prescribed by the regulations made under this Act.

Ss. (4) ~nserted (4) Any regulation made under sub-section (2) or (3) shall be subject by No. 10026 S. 3 (2).35 to being disallowed by Parliament pursuant to section 6 of the Subordinate Legislation Act 1 962.

Ss (5) Inserted (5) The Supreme Court or a judge of the County Court may if it or by No. 10026 S 3 (2))s. amended he thinks fit at any time and notwithstanding that the period prescribed ~~~(~1~1'~~~under subsection (2) or (3) (as the case may be) has expired grant an extension of the period.

Ss.(6)1~*~~~~(6) More than one extension of time may be granted under by No. 10026 S. 3 (2).35 subsection (5) in relation to subsection (2) or (3) (as the case may be).

Indictments.

No 6103s 354. 354. Upon the application of any person supported by an affidavit S 354 amended disclosing an indictable offence and either that the same has been 11(1).9&8s 18 committed by some body corporate or that some justice has declined (1) or refused to commit or hold to bail the alleged offender or that no presentment was made against him at the court at which the trial would in due course have taken place, or upon the application of the Director of Public Prosecutions, it shall be lawful for the Full Court to order the sheriff to summon a grand jury to appear at a court.to be holden at a time and place to be mentioned in the order; and upon receipt of such order the sheriff shall summon not less than twenty-three men to attend at such court at the time and place aforesaid to inquire present do and execute all things which on the part of the Queen shall then and there be commanded of them, and such men shall be taken from the jury book of the jury district in which such place is situate and at the time and place aforesaid the said sheriff shall bring into court the said order with the name place of abode and addition of every grand juror written on a panel signed by him and sealed with his seal of ofice and shall deliver the said panel to the proper officer of the said court, who shall in open court call aloud the names of the grand jurors on the said panel one after another, and the twenty-three men so first drawn and appearing or if twenty-three men shall not appear such of them as do appear not being less than twelve men shall be the grand jury and shall be sworn and act as such accordingly: 1958 Crimes No. 623 1

Provided always that every such order shall be delivered to the sheriff ten days before the day on which the indictment is intended to be preferred. * * * * * * * S. 355 repealed 9407 S. 2

(89/J) 58/6231 pp. 104 - 105 S. 353 5) I!. 1 Schc(lale Item 10.2) of 1989 No. 19. 13 S. 357. '1.0 be amcndcc! but thc anlcnding provision IS ,lot yet in force. amended Omit the words "a judge of". 8338 S. 7 4 S. 2 (2). S 353 5). 11 (l), l8(1). KDPI~~s. 16 ~chedu~eltem 16.2) of 1989 NO. 19. d by No. TO be amende6 ?ut the amending provision is not yet in force. Omit [he words or he". ,114. ading (3) S. 354. d by No. HEI:13H S. 3 (Schedule Item 42,21) of 1989 No. 57. 5. new inserted To be amcndcd tut the amendlng provlsron IS not yet in force. Omit the words some justice" and .substitute:- 1280 S. a court'. lnded by 9 S. 2 (1). d by ~b: PART 111 Division 1. 2 (1). AMlJNI)I!I) (as from 25/6/89) by S. 20 of 1989 No. 25. Omit the heading "(2) Ilischargc w~lhoulProsecut~on". 1. (3) repealed 7703 S. 5, PART 111 Ilivision 1. 358 S. RIZiiI;H 3 (Schedule Item 42.22) of 1989 No. 57. d by No. To be amended but the amendlng provision is not yet in force. 13. Omit the heading ) Ilischargc ~~~houtProsecution". d by No. PI.IIASli N9:l'li:- s."~(SchcdulcItem 11.22) of 1989 No. 57 endeavours to amend .2(1). Part 111 I)~vlsron 1 heading. 'l'hc heading no longer appears in this section.

Order for change of time or place of trial.

359. (1) When in respect of any indictable offence any person has No.6103s.359. been committed or remanded for trial or notice of trial or of intention ~~~~~a~~~~ to prefer a presentment has been given to any person by or on behalf of S. 5.7705 S. 10. the Director of Public Prosecutions or a Prosecutor for the Queen the ~~~1~~~~,ljio Supreme Court may on application on behalf of Her Majesty or by or (2). on behalf of such person on good cause shewn order that such person shall be tried at any sitting of the Supreme Court specified in such order or (if such offence is triable by the County Court) at any sitting of the County Court specified in such order. Such order may be made notwithstanding that in its result a case which would otherwise be tried by the Supreme Court is ordered to be tried by the County Court or vice versa and notwithstanding that it is ordered that the trial shall take place at a date earlier than otherwise it would take place. In circumstances of special urgency or importance such order may be made for trial by the Supreme Court at any place appointed for holding the court at a date other than a date appointed by the Governor in Council for holding the court at that place and the consequences in all respects and with regard to all officers and persons shall be the same 1958 Crimes No. 6231

Provided always that every such order shall be delivered to the sheriff ten days before the day on which the indictment is intended to be preferred. * * * * * * * S. 355 repealed by No. 9407 S. 2 (d). S. 356 repealed by No. 9576 S. 11 (1). (2) Discharge without Prosecution

* * * * * * No. 6103 S. 357. S. 357 amended by Nos. 8338 S.7 (C). 9554 S. 2 (2), 9576 S. 11 (l), 9848 S. 18 (1). repealed by No. 10260s. 114. Sub-Heading (3) repealed by No. 7703 S. 5. new Heading inserted by No. 8280 S. 13. amended by NO.901 9 S. 2 (1). repealed by No. 9902 S. 2(1). Sub-Div. (3) (S.358) repealed by No. 7703 S.5. new S. 358 inserted by No. 8280 S. 13. repealed by No. 9008 S. 2 (1). (4) Change of Time or Place of Trial

Order for change of time or place of trial.

359, (1) When in respect of any indictable offence any person has N0.6103~.359. been committed or remanded for trial or notice of trial or of intention ~~~~~~~~~ to prefer a presentment has been given to any person by or on behalf of ;;;;55g;,;,O. the Director of Public Prosecutions or a Prosecutor for the Queen the 110/1986s, 140 Supreme Court may on application on behalf of Her Majesty or by or (2). on behalf of such person on good cause shewn order that such person shall be tried at any sitting of the Supreme Court specified in such order or (if such offence is triable by the County Court) at any sitting of the County Court specified in such order. Such order may be made notwithstanding that in its result a case which would otherwise be tried by the Supreme Court is ordered to be tried by the County Court or vice versa and notwithstanding that it is ordered that the trial shall take place at a date earlier than otherwise it would take place. In circumstances of special urgency or importance such order may be made for trial by the Supreme Court at any place appointed for holding the court at a date other than a date appointed by the Governor in Council for holding the court at that place and the consequences in all respects and with regard to all officers and persons shall be the same 106 1958 Crimes No. 6231

as if the date specified in the order had been a date appointed by the Governor in Council for holding the court at that place.

Ss. ('A) inserted (1~)When in respect of an indictable offence any person has been by No. 7705 . committed or remanded to the County Court for trial or notice of trial ~2(~~,011gsin the County Court or of intention to prefer a presentment in the County Court has been given to any person as aforesaid and a change is sought to some other sitting of the County Court at another time or place the County Court may, in addition to and without in any way derogating from the powers of the Supreme Court under sub-section (l), on application as aforesaid order that the person be tried at the sitting of the County Court specified in the order and he shall be tried accordingly notwithstanding that the trial shall take place at a date earlier than otherwise it would take place.

Ss. (2) amended (2) When an order as mentioned in sub-section (1) or subsection by Nos. 7705 S. lO.9Ooe S.2 (1). (1~)is made the consequences except so far as is otherwise expressly provided shall in all respects and with regard to all persons be the same as if the sitting specified in the order had been the sitting specified in or in connexion with the commitment remand or notice and in particular every undertaking of bail and every recognisance given in connexion with such commitment or remand by such accused person or any surety or sureties for him or by any person bound to attend as a witness or for the purpose of producing documents shall be deemed to be altered as if the sitting specified in the order had been the sitting specified in or in connexion with the commitment or remand: Provided that the recognisance of any person bound to attend as a witness or for the purpose of producing documents shall not be estreated unless a reasonable time before the sitting at which such trial is ordered notice in writing of the alteration in the effect of the recognisance produced by such order has been given to him either personally or by sending a telegram or prepaid post letter addressed to him at his usual place of abode.

Ss.(3) amended (3) On any application under sub-section (1) or subsection (1~)it by Nos. 7705 ,. ,. l~.W 7 shall not be necessary for the accused person to be present provided 1% ,lw that if the application is made on behalf of Her Majesty and the accused person is detained in any prison he shall be notified in writing that he may through the officer in charge of the prison forward to the Supreme Court an affidavit or statement in relation to such application and that he may be represented on the hearing of such application by his counsel or solicitor.

Ss. (4) amem (4) The Supreme Court or a judge of the County Court may by the by Nos. 7705 10, -S. 7 order mentioned in sub-section (l) or sub-section (l A)or on an exparte (a) (d)V). ,, application on behalf of Her Majesty (and whether an order has been (2). made under sub-section (l) or subsection (1~)or not) direct that any accused person who is detained in any prison shall be removed to any other prison for the purposes of trial whether before the Supreme Court 1958 Crimes No. 623 1 107

or the County Court and the officer in charge of the prison in which such person is detained shall on delivery to him of an office copy of such order of removal cause such person with his commitment and detainer to be removed in safe custody to such other prison and the officer in charge of such other prison shall on delivery to him of an office copy of such order of removal receive such person into his custody there to remain until he is discharged or delivered in due course of law. (5) Whenever any such order as is mentioned in sub-section (l) or sub-section (1~)has been made on application on behalf of Her Majesty 10,110,198~ the court or judge shall if requested so to do by or on behalf of such 140(*). accused person at any time before the trial issue a certificate that an order under this section has been made upon the production of which the Treasurer may order to be paid (out of any moneys provided by Pnrl;n-n-t Crrr nll-..rn-nnn +A ..2r--l-.--\ r- rL- - - J fiEgTELEPHONE '(891J) 5816231 pp. 106 - 107 S. 359 4). nn1;1:6 S. 16 Schedule Item 16.3) of 1989 NO. 19. l'o he amended kut the amending provision is not yet in force. Omit the words a judge of". S. 359 5). REFI~~S. 3 (ScheduJe Item 42.23) of 1989 NO. 57. Omit the words "or judge" (where f~rst and thirdly occurring). S. 359AA 2). AMfiN1)IA) (as from 25/6/89) by S. I9 of 1989-No. 25. i) Omit the words "or a t'rosecutor for the Queen . tituted by 338 S. 7 (q). S. 359 5). lded by No. S. Rr!IIii6 3 (Schedule ltem 42.21) of 1989 ~p.57, 17S. 3 (1). Omit the worcls "court or judgc 7cforc whom and substitu~c:- S. 359AA(2 . HEIJliR S !3 (Schedule Item 42:21) of 1989 No. 57. To be aniendcd but the amend~np;provlslon IS not yet in force. Onlit the words an information as been laid" and substitute:- 359 AA "a charge has been filed' erted by No. 026 S. 4.% S. 359 6 . AMIiN\IltD (as 1rom 22/2/89) by S 4(3) of 1987 No. 16. Omit the word Wclfarc".

\L) ~\uLw~L~~~L~IIuI~~~ally LI~~~.~.------.-.. d ------Act or rule of law, where an accused person is before the supreme Court or County Court in respect of any indictable offence, the Supreme Court or County Court (as the case may be) may, subject to sub-section (3) and on application by or on behalf of the Director of Public Prosecutions or a Prosecutor for the Queen hear and determine summarily any relevant summary offence in respect of which an information has been laid. (3) The following provisions shall apply in relation to a relevant summary offence: (a) The Supreme Court or County Court shall not hear and 1958 Crimes No. 6231 107 or the County Court and the officer in charge of the prison in which such person is detained shall on delivery to him of an office copy of such order of removal cause such person with his commitment and detainer to be removed in safe custody to such other prison and the officer in charge of such other prison shall on delivery to him of an office copy of such order of removal receive such person into his custody there to remain until he is discharged or delivered in due course of law. (5) Whenever any such order as is mentioned in sub-section (1) or ;;.,gf7;;5u sub-section (1~)has been made on application on behalf of Her Majesty IO,IIO/~~M the court or judge shall if requested so to do by or on behalf of such 140(2). accused person at any time before the trial issue a certificate that an order under this section has been made upon the production of which the Treasurer may order to be paid (out of any moneys provided by Parliament for allowances to witnesses) to the accused person a sum not exceeding $68 to enable him to defray the charges and expenses of his witnesses. If the accused person is on the trial acquitted the court or judge before whom the trial takes place may at any time within one month of the conclusion of the trial issue a certificate for such sum as appears to the court or judge to have been properly expended for charges and expenses of witnesses in consequence of any change of the time or place of trial deducting therefrom the amount of any moneys so advanced as aforesaid and the Treasurer may upon receipt of such certificate pay such sum to the person so acquitted out of any moneys provided by Parliament for allowances to witnesses. (6) In this section and in sections 360 and 361 "prison" means i;b;y;uteaby prison under Part V. of the Community WelfareServices Act l 970. NO. 8338 7 (q), amended by No. 10087 S. 3 (1). Supreme Court and County Court may determine summary offences. 359~~.(1) For the purposes of this section "relevant summary S;,";ed",Y, offence" means a summary offence which had it been an indictable 10026s.4.s offence could have been included as a count in an indictment or presentment with the indictable offence referred to in sub-section (2).

(2) Notwithstanding anything to the contrary in this or in any other Act or rule of law, where an accused person is before the Supreme Court or County Court in respect of any indictable offence, the Supreme Court or County Court (as the case may be) may, subject to sub-section (3) and on application by or on behalf of the Director of Public Prosecutions or a Prosecutor for the Queen hear and determine summarily any relevant summary offence in respect of which an information has been laid.

(3) The following provisions shall apply in relation to a relevant summary offence: (a) The Supreme Court or County Court shall not hear and Crimes No. 6231

determine a relevant summary offence pursuant to sub-section (2) unless the person charged with the offence- (i) consents to the Supreme Court or County Court (as the case may be) so doing; and (ii) states his intention of entering a plea of guilty in respect of the offence; (b) Where a person charged with a relevant summary offence states his intention of entering a plea of guilty in respect of the offence, but subsequently states his intention of entering a plea of not guilty in respect of the offence or enters a plea of not guilty in respect of the offence, the Supreme Court or the County Court shall direct that the offence be heard by a Magistrates' Court; Para (c) (c) A relevant summary offence which is to be heard and amended by No 110/1986s 140 determined by the Supreme Court or County Court pursuant (2) to sub-section (2) shall be determined by the Court without a jury and subject to any rules made under paragraph (d) the practice and procedure applicable in a Magistrates"aurt to the hearing and determination of summary offences shW apply as far as is appropriate to the hearing of the offence; (d) The rule-making powers of the Supreme Court and County Court extend to the making of rules for or with respect to the practice and procedure to be applied in the hearing and determination summarily of relevant summary offences; (e) A Supreme Court or County Court which convicts a person of a relevant summary offence may make such orders in relation to the conviction as might be made by a Magistrates' Court; and (f)An information with respect to a relevant summary offence which is to be heard and determined by the Supreme Court or County Court pursuant to subsection (2) may be laid at any time notwithstanding any limitation in any Act as to the time for commencing proceedings for a summary offence.

Time limit on certain prosecutions.

S.359Atn~* 359~.(1) Subject to this section, but notwithstanding anything by No.8950 S. 4. wbstitutedby else to the contrary in this or any other Act or any rule of law, where- No. 9509 S. 7 (1). (a) a person is, after a preliminary examination before a magistrates' court, directed to be tried for an alleged offence against section 45; or (b) a person is charged on indictment or presentment with an alleged offence against section 45 without a preliminary 1958 Crimes No. 6231 109

examination of him having previously been held before a magistrates' court in respect of the alleged offence- the trial of the person for the alleged offence shall not be commenced more than three months after the person is directed to be tried or the charge is made (as the case may be). Ucr gwwm b.c+r.i+.be*~. Jhe Lovnq Cq~r1-j Hs. &v~"fy(hut/ ' (2) The Sup em CourtAmay if it / hinks fit at any time and E;;t);z;;z notwithstanding that the period fixed by sub-section (l) has expired ..140(2). grant an extension of the period, being an extension for a period not exceeding three months. (3) More than one extension of time may be granted under sub-section (2) in relation to the commencement of the trial of an accused. /c\ Dno+nna#rnentof Trial TElEPHONE

(891J) 5816231 pp. 108 - 109 Bs.360. S. 359AA(3 . amended S. (Schedule Item 42,25) of 1989 No. 57. .7705 RCPLlR 4 1576S. 11 IS To be amended but the amenqing pr?vlslon not yet in force. 8 S. 18(1). Omit the words "a Magistrates C.our1 (wherever occurring) and in each case substitute:- 'the Magistrates' Court'. S. 359AA(3 ( RCPllR S. 1 lichedulc Item 42:25) of 1,989 No. 57. To be amended but the amend~?gprovlslon IS not yet in force. Omit the words "An information and substitute:- 'A charge'. S. 359AA(3)( RI!YI!R S. 3 ?Schedule Item 42:2S) of 1,989 No. 57. To be amended !ut the amending provlslon IS not yet in force. Omit the words laid" and subititute:; filed'. S. 395A(1). REPI3R S. 3 (Schedule Item 42,26) of ,989 No. 57. To be amended but the amend~ngprovlslon IS not yet in force. Omit the words "a magistrates' court" (where twice occurring) and in each case substitute:- 'the Magistrates' Court'.

S 3S9A 2 A'MI!Nll\ilj lar from 25/6/8?) by S. 7 pf 1989 No. 25. Insert tfter Supreme Court the follow~n - or, if a person is to he tried before %c County Court, the County Court'.

S. (2) amended (2) If necessary in any case referred to in paragraph (a) or (b) of by No. 9576 S. 11 sub-section (l) any jury sworn may be discharged from giving a verdict and an indorsement made on the indictment or presentment "Jury discharged from giving a verdict." (3) The time and place for the commencement of any such sittings :.$VC7 to which the trial is postponed shall be stated in open court and the ~(1). 9427 S. 6 (1). 1958 Crimes No. 6231 109

examination of him having previously been held before a magistrates' court in respect of the alleged offence- the trial of the person for the alleged offence shall not be commenced more than three months after the person is directed to be tried or the charge is made (as the case may be). U~r-L -c* b~+ri+.La sl-e- +;. 3kcourrg +vrf- fkhvnfy bvtf ' (2) The Supjem~CourtAmay if it jhinks fit at any timd and ;;iE!;c;z notwithstanding that the period fixed by sub-section (1) has expired ,. 140(2). grant an extension of the period, being an extension for a period not exceeding three months. (3) More than one extension of time may be granted under sub-section (2) in relation to the commencement of the trial of an accused. (5) Postponement of Trial Order for postponement of trial. ( I 360. (1) When in respect of any indictable offence any person has N0.6103~.360. been committed or remanded for trial or notice of trial or of an intention gi::;*d to prefer a presentment has been given to any person by or on behalf of S. 10.9576 S. 11 the Director of Public Prosecutions or a prosecutor for the Queen or an 'l'.gws. "(l'. indictment or presentment has been found or made against any person or an order under subsection (l) or sub-section (1~)of section three hundred and fifty-nine has been made and such commitment remand or notice is returnable or the trial of the accused is to be held or is being held at a sitting of the Supreme Court or County Court the court at such sitting may at any stage of the proceedings whenever it is so provided in this Act or whenever otherwise in the interest of justice it is expedient so to do and whether the accused person is present or not direct- (a) that the trial shall take place at a later time at the same sitting; or (b) that the receiving or taking of any plea or demurrer shall be 1'2by adjourned and that the trial shall be postponed or that the NO. 7703 S. trial shall be postponed and that the accused person shall be remanded for trial at a sitting of the Supreme Court or (if the offence is triable by the County Court) by the County Court at such time and place as the court making such order may direct. (2) If necessary in any case referred to in paragraph (a) or (b) of subsection (1) any jury sworn may be discharged from giving a verdict (11. and an indorsement made on the indictment or presentment "Jury discharged fiom giving a verdict." (3) The time and place for the commencement of any such sitting5 to which the trial is postponed shall be stated in open court and the (.).90&~.2(1), 9427 S. 6 (1). 110 1958 Crimes No. 623 1

court may (with the consent of any surety or sureties) respite the bail of the accused person and may respite the recognisance of any person bound to attend as a witness or for the purpose of producing documents and thereupon the accused person and the persons so bound to attend shall be bound to attend at such time and place without entering into fresh undertakings or recognisances and any surety so consenting shall be bound accordingly or the court may in the case of the accused person make such order as to bail and commitment and removal to any prison specified by the court until such bail is forthcoming as seems fit:

Prov~soamended Provided that the court may extend bail without the consent of the by No. 9008 S. 2 (1 ). surety or sureties in any case where the undertaking contains or contain a provision in that behalf.

Ss. (4) amended (4) The powers conferred by this section may be exercised by the by No. 7705 S. 10. County Court notwithstanding that the offence charged is not triable in such court.

Sub-Heading(6) (6) Removal of Accused Persons to and from Prison amended by No. 9019s.2(1). Removal of accused persons to and from prison.

No. 6103 S. 361. 361. (l) Every accused person in the custody of the officer in charge Ss. (l) amended by No. 8338 S.7 of any prison shall without writ of habeas corpus or other writ for that (a) W). purpose be removed to and from the court at which he is to be tried when and so often as may be necessary by the officer in charge of the said prison with this commitment and detainer in order that he may be tried sentenced or otherwise dealt with according to law and such removal shall not be deemed to be an escape.

Ss. (1A) inserted (1~)Where it appears to the Supreme Court or a judge of the by No. 8280 S. 14 (1). amended by County Court (as the case requires) to be desirable in the interests of No. 110/1986 justice that an accused person committed to prison should be present S. 140 (2). in court or before the judge otherwise than for trial or sentence the court or judge may order that the accused person be brought before the court and the officer in charge of the prison in which the accused person is detained shall, on delivery to him of an office copy of the order, cause the accused person to be brought before the court in accordance with the order.

Ss. (2) amended (2) Every person so being removed and every person ordered to be by Nos. 7703 S. 5.8280 S. 14 (2). removed to or committed to any prison under any provision of section 8338 3.7 (a) (g). 359, section 360, or of sub-section (1~)shall for and during the time of his being removed to and from any prison and for and during the time of his being detained in any prison be deemed to be in the legal custody of the prison officer or of the member of the police force having custody of him and acting under the order mentioned in either of such sections.

Ss. (3) amended (3) No proceeding either criminal or civil shall be maintained by by No. 8338 S. 7 (g). such accused person or any other person against any prison officer or 1958 Crimes No. 623 1 111

member of the police force or against any other person by reason of any such.remova1 or detainer.

* * * * * * * Sub-Heading (7) repealed by No. 9902 S. 2 (1). * * * * * * * S. 362 amended by No. 8338 S. 7 (a), repealed by No. 9008 S.2 (1). (8) Joinder of Defendants in Certain Cases

Separate abettors or accessories may be tried together. 363. Any number of abettors or accessories at different times to ;iEz5y any indictable offence may be charged with substantive offences in the (1) (i). ,~b,ti~w same indictment or presentment and be tried together, notwithstanding 9576s l1 that the principal offender is not included in the indictment or presentment or is not in custody or amenable to justice.

rbHeadmg(9) nended by No. i76 S. ll (l). (89/J) 5816231 pp. 110 - 111

S. 361 1A). REFE~S. 16 SC~~~UICitem 16.4) of 1989 NO. 19. To .be amended kut the amendlng provlslon IS not yet in force. Om~tthe words a judge of". S. 361 1A). REWA S. 16 Schedule ltem 16.4) of 1,989 No. 19. To .be amcndcj hut the rmend~ngprovlslon IS not yet in force. Omll the w~rds or before the judge". S 361 1A) cEPVh S. '16 'Schedule Item 164) of 1,989 No 19. To .be amended but the arncndlng provlslon IS not yet in force. Om~rthe words "or judge". Uo. 61 03 S.365; Uo. 61 66 S.3 (a). S. 367. 3.365 amended REPI!R S. 3 (Schedule ltem 42.27) of ,1989 .No. 57. ~y No. 9576 S. 11 To be repealed but the repealing provlslon IS not yet in force. (11.

Rules as to presentments.

366. The rules contained in the Sixth Schedule to this Act with SixmSchedule. respect to presentments shall have effect as if enacted in this Act, but 'lo3 those rules may be added to varied or annulled by firther rules made by the judges of the Supreme Court under this Act.

Power of judges to vary etc. rules in Sixth Schedule.

367. The judges of the Supreme Court may make rules varying or No. 6103s. 367. annulling the rules contained in the Sixth Schedule to this Act and may make further rules with respect to the matters deaIt with in those rules and those rules shall have effect subject to any modifications or additions so made. 1958 Crimes No. 6231 111

member of the police force or against any other person by reason of any such.remova1or detainer. * * * * * * * Sub-Heading (7) repealed by No. 9902 S. 2 (1). * J# * * * * * S. 362 amended by No. 8338 S.7 (a), repealed by No. 9008 S. 2 (l). (8) Joinder of Defendants in Certain Cases

Separate abettors or accessories may be tried together. 363. Any number of abettors or accessories at different times to Eiz~y5z any indictable offence may be charged with substantive offences in the (1) (i),substituted same indictment or presentment and be tried together, notwithstanding 9576 l that the principal offender is not included in the indictment or presentment or is not in custody or amenable to justice. (9) What Presentments Indictments and Instruments Shall Su&e and ~$~~~~ Avail 9576 S. 11 (1).

Definition.

364. In the next ten succeeding sections unless inconsistent with No. el* 364. the context or subject-matter- 2 "The court" means the court before which any indictable offence is tried or prosecuted. tl j Provisions relating to presentments to apply to indictments, etc. 365. The provisions of the next nine succeeding sections relating ;;g ::g;, to presentments shall apply to indictments in the Supreme Court and ,. ,,,,,, also to any plea replication or other criminal pleading with such by NO. 9576s. 11 modifications as are made by rules under this Act. (11.

Rules as to presentments.

366. The rules contained in the Sixth Schedule to this Act with sixmschedu". respect to presentments shall have effect as if enacted in this Act, but N0.61"S.366. those rules may be added to varied or annulled by further rules made by the judges of the Supreme Court under this Act.

Power of judges to vary etc. rules in Sixth Schedule.

367. The judges of the Supreme Court may make rules varying or N~.61*s.367. annulling the rules contained in the Sixth Schedule to this Act and may make further rules with respect to the matters dealt with in those rules and those rules shall have effect subject to any modifications or additions so made. 112 1958 Crimes No. 6231

Application of Supreme Court Act.

~0.6103s.368; 368. The provisions of sections twenty-six and twenty-seven of the No. 6166 S. 3 (b). Supreme Court Act 1958 shall extend and apply to rules made by the judges of the Supreme Court under this Act and to the making of such rules.

General provisions as to presentments.

~0.6103s.369. 369. Every presentment shall be indorsed with a statement of the specific offence or offences with which the accused person is charged and shall contain and shall be sufficient if it contains such particulars as are necessary for giving reasonable information as to the nature of the charge.

No objections as to form.

~0.6103s.370. 370. Notwithstanding any rule of law or practice or any statute a presentment shall subject to the provisions of this Act not be open to objection in respect of its form or contents if it is framed in accordance with the rules under this Act.

Joinder of charges in the same presentment.

~0.6103s.371. 371. Subject to the provisions of the rules under this Act charges ~i~~~~~6~lfor more than one indictable offence may be joined in the same (1). presentment.

Orders for amendment of presentment, separate trial etc.

No.6103s.372. 372. (1) Where before trial or at any stage of a trial it appears to the court that the presentment is defective the court shall make such order for the amendment of the presentment as the court thinks necessary to meet the circumstances of the case unless having regard to the merits of the case the required amendments cannot be made without injustice. (2) Where a presentment is so amended a note of the order for amendment shall be indorsed on the presentment and the presentment shall be treated for the purposes of the trial and for the purposes of all proceedings in connexion therewith as having been made in the amended form. (3) Where before trial or at any stage of a trial the court is of opinion that a person accused may be prejudiced or embarrassed in his defence by reason of being charged with more than one offence in the same presentment or that for any other reason it is desirable to direct that the person should be tried separately for any one or more offences charged in a presentment the court may order a separate trial of any count or counts of such presentment. 1958 Crimes No. 6231 113

(3~)Where a presentment contains a count of conspiracy to commit ;;iy;;;;;;,d8 an offence and another count alleging the commission of that offence, (e,. the court shall, unless it is of the opinion that to try those counts together would be in the interests of justice, order that the count of conspiracy shall be tried separately from the other count, and the prosecution may elect which count shall be tried first.

(4) Where before trial or at any stage of a trial the court is of opinion that the postponement of the trial of a person accused is expedient as a consequence of the exercise of any power of the court under this Act to amend a presentment or to order a separate trial of a count, the court shall make such order as to the postponement of the trial as appears necessary.

(5) Where an order of the court is made under this section for a separate trial or for the postponement of atrial- (a) if such an order is made during a trial the court may order that any jury sworn be discharged from giving a verdict on the count or counts the trial of which is postponed or on the presentment (as the case may be) and that an indorsement be made on the presentment "Jury discharged from giving -.....a:-499. ...-A TELEPHONE ~4270&

(89IJ) 5816231 .pp. . 112 - 113 S. 368. REPEAI-E11 (as from 25/6/89) by S. 20 of 1989 No. 25. S. 368. PLEASI! NOTE?: S,. 3 Schedule Item 42.28) of 1989 No. 57 endeavours to repeal S. 368. This section (has already been repealed.

Other powers not affected.

373. Any power of the court under the last preceding section shall NO 6103s 373. be in addition to and not in derogation of any other power of the court for the same or similar purposes.

Savings.

374. Nothing in the last ten preceding sections or the rules No.6103s.374. thereunder shall affect the law or practice relating to the jurisdiction of a court or the place where an accused person can be tried, or prejudice or diminish in any respect the obligation to establish by evidence according to law any acts omissions or intentions which are legally necessary to constitute the offence with which the person accused is charged, or otherwise affect the laws of evidence in criminal cases. 1958 Crimes No. 6231 113

(3~)Where a presentment contains a count of conspiracy to commit ;;;@Q;;;;:;"B an offence and another count alleging the commission of that offence, (e,. the court shall, unless it is of the opinion that to try those counts together would be in the interests of justice, order that the count of conspiracy shall be tried separately from the other count, and the prosecution may elect which count shall be tried first.

(4) Where before trial or at any stage of a trial the court is of opinion that the postponement of the trial of a person accused is expedient as a consequence of the exercise of any power of the court under this Act to amend a presentment or to order a separate trial of a count, the court shall make such order as to the postponement of the trial as appears necessary.

(5) Where an order of the court is made under this section for a separate trial or r'or the postponement of a trial- (a) if such an order is made during a trial the court may order that any jury sworn be discharged from,giving a verdict on the count or counts the trial of which is postponed or on the presentment (as the case may be) and that an indorsement be made on the presentment "Jury discharged from giving a verdict"; and (b) the procedure on the separate trial of a count shall be the same in all respects as if the count had been set out in a separate presentment and the procedure on the postponed trial shall be the same in all respects (if the jury have been discharged) as if the trial had not commenced; and (c) the court may make such order as to admitting the accused person to bail, and as to the enlargement of recognisances and otherwise as the court thinks fit.

Other powers not affected.

373. Any power of the court under the last preceding section shall NO 61133~3'3 be in addition to and not in derogation of any other power of the court for the same or similar purposes.

Savings.

374. Nothing in the last ten preceding sections or the rules No.6103s.374 thereunder shall affect the law or practice relating to the jurisdiction of a court or the place where an accused person can be tried, or prejudice or diminish in any respect the obligation to establish by evidence according to law any acts omissions or intentions which are legally necessary to constitute the offence with which the person accused is charged, or otherwise affect the laws of evidence in criminal cases. Crimes No. 623 1

Omission of certain details not fatal to presentment etc.

~0.6103~.375. 375. NO indictment or presentment shall be held insufficient for S. 375 amended by No, ll omitting to state the time at which the offence was committed in any (1). case where time is not of the essence of the offence; nor for stating the time imperfectly; nor for stating the offence to have been committed on a day subsequent to the finding of the indictment or presentment or on an impossible day or on a day that never happened.

Previous convictions may be added to presentment.

NO. 6103 S. 376. "376. ( 1) In an indictment or presentment for an indictable offence S. 376 amended by ,,, ,, it shall be lawful, in order to enable the court the better to exercise its (l),substituted discretion with respect to punishment, to add to the presentment a by No. 10084 S. 6 (1). count or counts averring that the offender, at the time of committing the offence, had a previous conviction or previous convictions. (2) A count or counts may be added under sub-section (l) at any time before the jury gives its verdict. (3) A count may be added under sub-section (l) whether or not the previous conviction, because of a provision of this Act, affects the degree, character or punishment of the offence. (4) In this section "previous conviction" means a prior conviction or finding of guilt by a court (whether in or out of Victoria), including a conviction or finding of guilt consequent on which is made- (a) an order of a court releasing a person upon a bond to be of good behaviour; or Para. (b) (b) an order of a court releasing a person on a community- amended by No. 10260s. 114. based order that includes a condition referred to in section 29 (2) (c) of the Penalties and Sentences Act 1985- but does not include a conviction or finding of guilt by a children's court (whether in or out of Victoria) made more than 10 years prior to the hearing at which it is sought to be proved.

S. 377 repealed * * * * * * * by No. 10084 S. 6 (2). S. 378 ameoded * * * * * * * by No. 9576 S. ll (l), repealed by No. 10084 S. 6 (2)

Description of property of Her Majesty in theft cases.

~0.6103s.379. 379. In any proceedings for an offence under Division 2 of Part I. S. 379 relating to the property of Her Majesty the property may be described No.8425~.2(1) as the property of Her Majesty. (i). 1958 Crimes No. 623 1 115

Property under management of body corporate to be property thereof.

3s380. All property real and personal whereof any body corporate NO- 6103s. 380. has by law the management control or custody shall, for the purpose of ~y",","~~~~~l any indictment or presentment or proceeding against any other person (1)- for any offence committed on or in respect thereof, be deemed to be the property of such body corporate.

Money or securities etc. may be described simply as money.

381. In every indictment or presentment for an offence under ~o.6103s.381. Division 2 of Part I. it shall be sufficient to describe such money or &","~C~~~~d2 valuable security simply as money, without specifying any particular ;;;(;;;;;g;, kind of money or security, which description shall be sustained by proof of the stealing taking receiving embezzling applying or disposing or obtaining of any money or valuable security, although some part of the value thereof was agreed to be or was in fact returned.

Presentment for stealing etc. documents of title.

382. In any indictment or presentment for stealing or for any NO 6103s 382 fraudulent purpose destroying cancelling obliterating or concealing the Eyy: ~~~~~7', whole or any part of any document of title to lands, it shall be sufficient (1) to allege that such document is or contains evidence of the title or of part #f the title of the person or of some one of the persons having an . • A-... c- m. .h;r\h thn cnmn rel~toc Q~Atn mn-+:a-- IELIPHONE

0.6103 ss 383. (89lJ) 5816231 pp. 114 - 115 B4 S. 385. S 383.384 REPUAI-I!D (as from 25/6/89) by S. 9 of 1989 No. 25. ?pealedby No S. 385. 425 s 2 (1)(h) AMENDED as from 25/6/89) by S. 20 of 1989 No. 25 and subsequently repealed (as from 25/6/89) by S. 9 of 1989 No. 25. S. 385. REPI!R S. 3 (Schedule Item 42,29) of 1,989 No 57. 40. 6103 S. 385. To be amended hut the amend~ngprovlslon IS not yet in force. Inscrl alter the word 'selling" the war!:- ;. 385 amended or. 3~ NO. 9576 S. l l PI-BASI? NO'TI!: S. 3 (Schedule Item 42.29) of 1989 No. 57 endeavours to amend 11). S. 385. This section has been repealed. ., .

Form of presentment or indictment for perjury etc.

386. In any indictment or presentment for perjury or for any offence NO.6103 386. deemed to be pe jury it shall be sufficient to set forth the substance of ~i~~~~r9~2 the offence charged upon the defendant and before what court or before ;;+E:;.l;;l)q whom the accused falsely swore or falsely declared or affirmed the matter charged as false without setting forth the proceedings and without 1958 Crimes No. 623 1

Property under management of body corporate to be property thereof.

'8380. All property real and personal whereof any body corporate No. 6103 S. 380. has by law the management control or custody shall, for the purpose of g;6y1 any indictment or presentment or proceeding against any other person (1). for any offence committed on or in respect thereof, be deemed to be the property of such body corporate.

Money or securities etc. may be described simply as money..

381. In every indictment or presentment for an offence under No.6103s.381- Division 2 of Part I. it shall be sufficient to describe such money or &=E2 valuable security simply as money, without specifying any particular (l)(k).9019s-2 kind of money or security, which description shall be sustained by (l1.9576 S. l l (l 1. proof of the stealing taking receiving embezzling applying or disposing or obtaining of any money or valuable security, although some part of the value thereof was agreed to be or was in fact returned.

Presentment for stealing etc. documents of title.

382. In any indictment or presentment for stealing or for any No.6103s.382. fraudulent purpose destroying cancelling obliterating or concealing the &E,&zl whole or any part of any document of title to lands, it shall be sufficient (1). Mdlege that such document is or contains evidence of the title or of m#the title of the person or of some one of the persons having an interest in the real estate to which the same relates, and to mention such real estate or some part thereof. * * * rt * * * No. 6103 ss. 383, 384. Ss. 383.384 repealed by No. 8425 S. 2 (l)(h).

coin need not be stated.

Form of presentment or indictment for perjury etc.

386. In any indictment or presentment for pe jury or fiir any offence No-6103s. m. deemed to be pejury it shall be sufficient to set forth the substance of &",rz2 the offence charged upon the defendant and before what court or before p7y6;:-(;;l)l whom the accused falsely swore or falsely declared or affinned the matter charged as false without setting forth the proceedings and without 1958 Crimes No. 623 1

setting forth the commission or authority of the court or the person before whom such offence was committed.

Form of presentment or indictment etc. for subornation of perjury etc.

~o.6103s.387. 387. In every indictment or presentment for subornation of pejuq S. 387 amended ,, ,,. ,,, ,,,, and other like offences it shall be sufficient wherever such pejury has (1). been actually committed to allege the offence of the person who actually committed such pe jury or other offence in the manner hereinbefore mentioned, and then to allege that the defendant unlawfblly did cause and procure the said person the said offence in manner and form aforesaid to do and commit; and wherever such perjury or other offence aforesaid has not been actually committed, it shall be sufficient to set forth the substance of the offence charged upon the defendant, without setting forth any of the matters or things hereinbefore rendered unnecessary to be set forth in the case of wilful and corrupt pe jury.

(10) Preliminary Objections Not to be Taken

No technical objections allowed.

NO. 6103 S. 388. 388. No person by himself or by his counsel shall take any objection in any court to any order made under sections three hundred and fifty-nine or three hundred and sixty under or by virtue of which the time or place of trial has been altered or except as otherwise expressly enacted to any matter or thing set out or appearing on the face of the record.

(11 ) No right to traverse or postpone

No person entitled to traverse or have time to plead.

~0.6103~.389. 389. NO accused person shall be entitled as of right to traverse or S. 389 amended ,,, 77M postpone the trial of any indictment or presentment preferred against s.lo.9576s.11 him in the Supreme Court or County Court or to have time to plead or (1). demur to any such presentment indictment or information allowed him:

Provided that if the court is of opinion that the accused ought to be allowed a further time to plead or demur or to prepare for his defence or otherwise, it may grant such further time to plead or demur or may adjourn the receiving or taking of the plea or demurrer and postpone the trial or as the case may be postpone the trial as provided by section three hundred and sixty. 1958 Crimes No. 623 1

(12) Trial, Arraignment, Plea &c.

Calendar of accused persons for trial; police to be present at courts.

Ss. (l)amended ,y Nos. 7705 3. 10, 8338 S. 7 3). 9848 S. 18 (l).

1.l Schedule Ifem 16.5) of 1989 No. 19. To be amended but the ametding provision is not yet in force. Omit the words "or chairman . Ss. (2) amended by No. 7705 S. 391. S. 10. AM!!NI)L?II (as ffom 25/6/89) by S. 19 of 1988 No. 25. Om~tthe words the prose-cutor for the Queen and substitute:- counsel for the prosecut ion". S. 391. AMI!NDED (as floni 25/6/89) by S. 19 of 1989 No. 25. Om~tthe words the prose.cutor" (where secondly occurring) and substitute:- counsel for the prosecut ion".

Entitlement to plead "Not Guilty". 390~.(1) Where a person is arraigned on indictment or ;$;/b;;;?;I presentment he shall in all cases be entitled to make plea of not guilty in addition to any demurrer or special plea. (2) Where a person is arraigned on indictment or presentment he may plead not guilty to the offence specifically charged therein but guilty of another offence of which he might be found guilty on that indictment or presentment; and the consequences of so making a plea of guilty shall be the same as if the charge to which the plea was made had been included in the indictment or presentment.

Plea of "Not Guilty" puts the accused on trial by jury; procedure where no evidence led.

391. If any person arraigned on any indictment or presentment NO 6103s.391. pleads thereto "Not Guilty," he shall without further form be deemed ~i~~sa~&"~ to have put himself upon the country for trial; and subject to section S. 11 (1). 10026

391~the jury for his trial shall in the usual manner be impanelled s.5"'3g accordingly.

Provided that where a person arraigned on any indictment or ;';v7iz;y, presentment pleads "Not Guilty" to any count in respect of which the prosecutor for the Queen proposes not to lead evidence the prosecutor shall so inform the trial judge before a jury is impanelled and the trial judge shall thereupon direct that an entry of "Not Guilty" be made upon the record in respect of such count and every such entry shall have effect as if it were the verdict of a jury upon the trial of the accused person on that count. 1958 Crimes No. 623 1

(12) Trial, Arraignment, Plea &c.

Calendar of accused persons for trial; police to be present at courts.

390. (1) The officer in charge of a prison shall deliver or cause to N0.6103~.390. be delivered to the judge presiding at any sitting of a Court for the trial ~;:~~~~~~ of indictable offences a signed calendar of all prisoners in his custody S. 10,8338 S. 7 for trial at such sitting and the Director of Public Prosecutions shall "'.9M8s, 18'". deliver or cause to be delivered to such judge a signed calendar of all persons committed for trial at such sitting who are not in custody. (2) The Chief Commissioner of Police shall direct that a sufficient ;;;E);z*d number of members of the police force shall be present to keep order ,. 10. in and within the precincts of the court-room at all sittings of the Supreme Court in its criminal jurisdiction and of the County Court in its criminal jurisdiction and shall at the request of the presiding judge or chairman direct that an additional number of such members shall be present at any particular sitting with respect to which the request is made.

Entitlement to plead "Not Guilty". 390~.(1) Where a person is arraigned on indictment or ;;",;;;;:: presentment he shall in all cases be entitled to make plea of not guilty in addition to any demurrer or special plea. (2) Where a person is arraigned on indictment or presentment he may plead not guilty to the offence specifically charged therein but guilty of another offence of which he might be found guilty on that indictment or presentment; and the consequences of so making a plea of guilty shall be the same as if the charge to which the plea was made had been included in the indictment or presentment.

Plea of "Not Guilty" puts the accused on trial by jury; procedure where no evidence led.

391. If any person arraigned on any indictment or presentment NO 6103s 3g1 pleads thereto "Not Guilty," he shall without further form be deemed ~y~~~~~~ to have put himself upon the country for trial; and subject to section S 11 (1). 10026 391~the jury for his trial shall in the usual manner be impanelled ""' accordingly.

Provided that where a person arraigned on any indictment or :;;v7:;:, presentment pleads "Not Guilty" to any count in respect of which the prosecutor for the Queen proposes not to lead evidence the prosecutor shall so inform the trial judge before a jury is impanelled and the trial judge shall thereupon direct that an entry of "Not Guilty" be made upon the record in respect of such count and every such entry shall have effect as if it were the verdict of a jury upon the trial of the accused person on that count. 1958 Crimes No. 6231

Judge may hear and determine question of law etc. before jury is impanelled.

391~lnserted 391~.Where an accused person is arraigned on indictment or t No. 10026 5(2).,0 presentment before the Supreme Court or the County Court the Court before which the arraignment takes place, if the Court thinks fit, may before the impanelling of a jury for the trial hear and determine any question with respect to the trial of the accused person which the Court considers necessary to ensure that the trial will be conducted fairly and expeditiously and the hearing and determination of any such question shall be conducted and have the same effect and consequences in all respects as such a hearing and determination would have had before the enactment of this section if the hearing and determination had occurred after the jury had been impanelled.

Hearing of application for exclusion of evidence.

s39181nsefled 391~.If an accused person arraigned on an indictment or by No 10233 S 9 (d) presentment before the Supreme Court or the County Court seeks to satisfy the Court (whether before or after the empanelling of a jury) that it should exclude evidence solely by the exercise of a discretion, the Court may, in hearing and determining the question, hear evidence called on behalf of the accused person before it hears evidence called on behalf of the Crown.

Refusal to plead.

6103s 392 392. If any person being so arraigned stands mute of malice or will S 392 amended,,,,, ,, not answer directly to the indictment or presentment, the court may (1) order the proper officer to enter a plea of "Not guilty" on behalf of such person; and the plea so entered shall have the same force and effect as if he had actually pleaded the same.

Person on arraignment found to be insane.

No 6103s 393 393. (1) If any person indicted or presented for any indictable S 393 amended Nos , offence is insane and is upon arraignment so found by a jury lawfully impanelled for that purpose so that such penon cannot be tried upon such indictment or presentment, or if upon the trial of any person so indicted or presented such person appears to the jury charged with such indictment or presentment to be insane, it shall be lawful for the court before whom any such person is brought to be arraigned or tried as aforesaid to direct such finding to be recorded; and thereupon to order such person to be kept in strict custody until the Governor's pleasure shall be known. And if any person who has been charged with any indictable offence is brought before any court to be discharged for want of prosecution and such person appears to be insane, it shall be lawful for such court to order a jury to be impanelled to try the sanity of such person; and if the jury so impanelled finds such person to be insane, it shall be lawful for the court to order such person to be kept in strict 1958 Crimes No. 623 1 custody in such place and in such manner as to such court seems fit until the Governor's pleasure is known. And in all cases of insanity so found the Governor may by order direct that he be kept in safe custody during the Governor's pleasure in the place designated in the order or in such other place as a person or authority designated in the order may from time to time determine. (2) Instead of making an order under sub-section (l) the coun after ;;~Z)Y;;;;;~ having regard to any evidence before the court relating to the person's 8 (b). mental health or intellectual disability may make such order as it thinks fit to enable the person to receive appropriate services under the Mental Health Act 1986 or the Intellectually Disabled Persons' Services Act 1986.

Form of plea of autrefois convict or autrefois acquit.

394. In any plea of autrefois convict or autrefois acquit it shall be No-6103s. 394. sufficient for any defendant to state that he has been lawfully convicted EiT: ~~~~fe~, or acquitted (as the case may be) of the said offence charged in the (1). indictment or presentment.

Trial where accused has previous convictions.

395. (1) In proceedings upon an indictment or presentment where No. 6103 S. 395. S. 395 amended the person being tried has a previous conviction or where a count by Nos. 9576 S. averring a previous conviction has been added to the indictment or 11 (1). 10026s. 6 (1) (a) (b) (c).N presentment, the following provisions apply: subst~tutedby No. 10084 S. 6 (a) The person shall be arraigned on only so much of the (3). indictment or presentment as charges the offence; (b) Where- (i) the person pleads not guilty; or (ii) the court orders a plea of not guilty to be entered on behalf of the person- the jury shall be charged to inquire concerning only the offence with which the person is charged; (c) Where the person pleads guilty or the jury returns a verdict of guilty and after the discharge of the jury (whether or not the jurors are still present) the person shall be asked whether he or she has previous convictions as alleged in the indictment or presentment; (d) If, in response to questions put under paragraph (c), the person distinctly admits to the previous convictions the court may proceed to sentence the person accordingly; (e) If, in response to questions put under paragraph (c) the Crimes No. 6231

person does not distinctly admit to the previous convictions- (i) the prosecutor may lead evidence to prove the previous convictions; and (ii) all questions concerning the alleged previous convictions shall be determined by the judge without jury; and ( f) Despite paragraphs (c) to (e), where the person has been found guilty of an offence punishable only with imprisonment for the term of his or her natural life, the person shall not be asked any questions concerning previous convictions.

(2) Where in proceedings upon indictment or presentment evidence of a previous conviction of a person may be given, a certified statement of conviction may, subject to sub-section (4), be tendered in evidence. (3) In sub-section (2) "certified statement of conviction" means a certificate stating that in a specified court, on a specified day, a person of the same name and date of birth as the person against whom it is sought to be proved was convicted of a specified offence, or admitted specified previous convictions. (4) To be admissible in evidence, a certified statement of conviction must purport to be signed- (a) in the case of a previous conviction in a magistrates' court or children's court-by a clerk of that magistrates' court or children's court; (b) in the case of a previous conviction in the County Court- by the Registrar or a Deputy Registrar of the. County Court; (c) in the case ofa previous conviction in the Supreme Court- by the Prothonotary or a Deputy Prothonotary of the Supreme Court; or (d) in the case of a previous conviction in a court outside Victoria (whether or not in Australia)-by the officer having custody of the records of the court, or by the deputy of such officer.

(5) A certified statement of conviction tendered in evidence under sub-section (2) is sufficient evidence (unless the contrary is proved)- (a) of the facts stated in the certificate; and (b) that the person against whom the conviction is sought to be proved is the same person as the person referred to in the certificate. 1958 Crimes No. 6231

(6) Where under sub-section ( l) a person may be asked whether he or she has a previous conviction, the method of asking the question, in the judge's discretion, shall be either- (a) by the person being shown a document on which the alleged previous conviction is set out, showing- (i) the date of the alleged previous conviction; (ii) the court which imposed the alleged previous conviction; (iii) +ho *lam- nCa:44:-- -C*L-+ ----A-

(89/J) 5816231 pp. 120 - 121 S. 395 1 c)(i). AM!!N\lI!D (as f!om 21/6/89) by S. 19 of .l989 No. 25. Om~tthe words the prose:utor" and subst~tutc:- counsel for the prosecution'. S 395 4). I~EPI!~s. 3 (~chedu~eItem 42.30) of 1989 NO. 57. To be amended kut the amending pr~visionis not yet in forcc. Omit the words a rnagistratles' court and substitute:- the Magistrates' Court'. S. 395 4)(a). Replib S. 286 (sched~~e2 Itcm 7.2) ol 198q NO. 56. To be amended Qut the amendin& rovlslon IS not yet in force. Omit the words children's co:rt where twice occurring) and substitute:- ). 6103 S. 396. the fhildrrn'r Court'. 396 amended Nos. 9576 S. S 395 4): KEFI!~S. 3 (Schedule Item 42:iO) of 1,989 NO. 57. To be amended kut the amendlrg provlslon 1s not yet in forcc. Omit the wo~ds a clerk of that magistrates' court or" and substitute:- r registrar d the Mag~strates' Court or r clerk d the". kE;%6!. 3 (Schedule Item 42,311 of !989 No. 57. To be amended but the amendlng provlslon 1s not yet in force. Omit the word "judge's" and substit:te:- Court's". S. 398. REFl!R S. 3 (Schedule Item 42,32) of 1989 No. 57. To be amended but the amendin provision is not et in force. Omit the words *judge or justice bclorc which or bcrore whom he is charged".

Caution to be given to person charged,

398. Where a person charged with an offence is not defended by No.6103s.398. counsel or solicitor, the following caution or words to the like effect ~;~~~$lnded shall, before he is called as a witness, be handed to him in writing under 5.173. the direction of the court judge or justice before which or before whom he is charged (that is to say):-"You now have the right to answer the charge against you and may take any one of the following courses: (a) You may enter the witness box, take the oath, and say what you want to say in answer to the charge. This is known as 1958 Crimes No. 6231

(6) Where under sub-section ( 1) a person may be asked whether he or she has a previous conviction, the method of asking the question, in the judge's discretion, shall be either- (a) by the person being shown a document on which the alleged previous conviction is set out, showing- (i) the date of the alleged previous conviction; (ii) the court which imposed the alleged previous conviction; (iii) the place of sitting of that court; (iv) the nature of the offence; and (v) the sentence imposed; or (b) by the alleged previous conviction being read to the person. (7) Where gpon the trial of a person on indictment or presentment the person gives evidence of his or her good character, the court may permit evidence of a previous conviction to be led before verdict. (8) In this section "previous conviction" has the same meaning as in section 376.

Not necessary to inquire into accused's lands etc.

396. Where any person is indicted or presented for treason or any N0.6103~.396. other indictable offence, it shall not be necessary to inquire concerning ~;~~~~~~~~ his lands or goods, nor whether he fled for such treason or other 11 (1).10026~.6 indictable offence. (2).=' (13) Defence

When and by whom prisoner's defence may be made. 397. Every accused person shall be admitted after the close of the case for the prosecution to make full answer and defence thereto by counsel. (14) Evidence. Depositions. Subpoenas and Warrants against Witnesses

Caution to be given to person charged.

398. Where a person charged with an offence is not defended by No.6103 s.398. counsel or solicitor, the following caution or words to the like effect ~;~~~~,- shall, before he is called as a witness, be handed to him in writing under S. 173. the direction of the court judge or justice before which or before whom he is charged (that is to say):-"You now have the right to answer the charge against you and may take any one of the following courses: (a) You may enter the witness box, take the oath, and say what you want to say in answer to the charge. This is known as 122 1958 Crimes No. 6231

giving sworn evidence and when you have given your evidence you may be asked questions about it by the prosecutor or the Court; (6) You may say what you want to say in answer to the charge from where you stand without being sworn. This is known as making an unsworn statement, and if you do that, you will not be asked questions on the statement. Sworn evidence will often carry more weight with the Court than an unsworn statement; (c) You may say nothing in answer to the charge. In any of these cases you may call any witness or witnesses to give sworn evidence for you. What do you desire to do?"

Procedure where person charged chooses to give unsworn evidence.

398~lnserted 398~.(1) If a person who is charged with an offence is represented by No 3711986 S 5 (a):~ by counsel or a solicitor and intends to give unsworn evidence by virtue of section 25 (l) (6) of the Evidence Act 1958, that person's counsel or solicitor must inform the presidingjudge or magistrate ofthat intention at the close of the case for the prosecution. (2) If a person intends to give unsworn evidence in a trial before a jury, the judge must, before that person gives the unsworn evidence, inform the jury of the choices that the person had with respect to the giving or not giving of evidence and of the consequences attached to each of those choices. (3) Unsworn evidence shall not, unless otherwise ordered by the presiding judge or magistrate, be given from the witness-box or other place from which the other witnesses give their evidence.

The accused, husbands and wives as witnesses for the defence; evidence of character of accused.

S 399amended 399. (1) Subject to this section, where a person is charged with an by Nos 7546 S 8 (a)(b).8870s S offence he shall at every stage of the proceedings against him be a 'lcompetent, but not compellable, witness in his own defence or in defence NO 9230s 2 of any other person charged in those proceedings. (2) Subject to this section, where a person is charged with an offence, the wife or former wife or husband or former husband (as the case may be) of that person shall at every stage of the proceedings against that person be a competent and, unless he or she is also charged in those proceedings, compellable witness for the defence of that person or of any other person charged in those proceedings as if the marriage had never taken place. Ss (3)amended (3) The failure of any person charged with an offence to give sworn by No 3711986 5(b)(t)(~)(~)wevidence shall not be made the subject ofcomment to the jury by either 1958 Crimes No. 623 1

the prosecution, or unless the accused person elects to make a statement not on oath or elects to give unsworn evidence, by the presiding judge. (4) A person charged and being a witness pursuant to this section may be asked any question in cross-examination notwithstanding that it would tend to criminate him as to the offence charged.

(5) A person charged and called as a witness pursuant to this section shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of or been charged with any offence other than that wherewith he is then charged, or 1s of bad character, unless- ,, . ,.. . . .A. l 1 -. .*P TfLEtH ONE 427 0277

ANsTm (89/J) 58/6231 pp. 122 - 123 S. 398 a . AMI!N\)i!I) (as from 25/6/89) by S. 19 of 1,989 No. 25. Om~tthe words "the prq;secutlon and substitute:- counsel for the prosecution". S. 399 3 . AM,I'.I.l\Il!D (as f~om25/6/89), by S. 19 of 1,989 No. 25. Om~t- ... the words the Drosecutlon and substitute:- "counsel for the prosecution". S. 399 6) & (7). REFI:~S. 3 (Schedule Item 42:33) of 19.89 No. 57. To be amended but the amending provlslon IS not yet in force. Omit the word "justice" and subftitute: - magistrate". S. 39') 7A . AMI!N\)l!j> (as [:on, 25/6/89) by S. 19 of 1989 No. 25. Om~tthe words the pr?secuilon (where secondly occurring) and substitute:- counsel for the prosecution'. S. 399 8). Rnm6 S. 3 (Schedule Item 42.35) of 1989 No. 57. To be amended but th~amendin provision is not yet in force. Omit the expression sect~onr ?6, 57(l)(a), 59 or 62 of the Magistrates (Summary Proceedings) Act 1975" and substitute:- "Schedule 5 to the Magistrates' Court Act 1989'.

--.-- .. .,... WILIICSS-UUA UI ULIICI paLc IIUIII WIIILII LIIC ULIICI witnesses give their evidence. (7~)If in a trial before a jury the accused in the course of making ;;;:;;:;$ an unsworn statement or giving unsworn evidence asserts the accused's ,. 5 (I,, (0,). own good character or puts forward a defence the nature of which involves imputations on the character of the prosecutor or the witnesses for the prosecution (other than the accused's spouse or former spouse), the prosecution may, in the absence of the jury, apply to the presiding judge for permission to call evidence to establish that the accused has committed or been convicted ofany offence other than that with which the accused is then charged or is of bad character. (8) Nothing in this section shall affect the provisions of sections 56, E;;: ;;;g

57 ( 1 ) (a), 59 or 62 of the Magistrates (Surnnzary Proceedings) Act 1975 5(b)(1,1)40 1958 Crimes No. 6231

the prosecution, or unless the accused person elects to make a statement not on oath or elects to give unsworn evidence, by the presiding judge.

(4) A person charged and being a witness pursuant to this section may be asked any question in cross-examination notwithstanding that it would tend to criminate him as to the offence charged. (5) A person charged and called as a witness pursuant to this section shall not be asked, and if asked shall not be required to answer, any question tending to show that he has committed or been convicted of or been charged with any offence other than that wherewith he is then charged, or is of bad character, unless- (a) the proof that he has committed or been convicted of such other offence is admissible evidence to show that he is guilty of the offence wherewith he is then charged; or (b) he has personally or by his advocate asked questions of the witnesses for the prosecution (other than his wife or former wife or her husband or former husband as the case may be) with a view to establishing his own good character, or has given evidence of his good character, or the nature or conduct of the defence is such as to involve imputations on the character of the prosecutor or the witnesses for the prosecution (other than his wife or former wife or her husband or former husband as the case may be); or (c) he has given evidence against any other person charged with the same ofl'ence.

(6) A person charged and called as a witness pursuant to this section shall not be asked, and if asked shall not be required to answer, any question on the ground that paragraph (b) of sub-section (5) applies to him unless the permission of the presiding judge or justice (to be applied for in the absence of the jury, if any) has first been obtained. (7) Every person called as a witness pursuant to this section shall unless otherwise ordered by the presiding judge or justice give his evidence from the witness-box or other place from which the other witnesses give their evidence. (7~)If in a trial before a jury the accused in the course of making E;d:t;;;;r an unsworn statement or giving unsworn evidence asserts the accused's ,5 (b) (,,, own good character or puts forward a defence the nature of which involves imputations on the character of the prosecutor or the witnesses for the prosecution (other than the accused's spouse or former spouse), the prosecution may, in the absence of the jury, apply to the presiding judge for permission to call evidence to establish that the accused has committed or been convicted ofany offence other than that with which the accused is then charged or is of bad character. (8) Nothing in this section shall affect the provisions of sections 56. 2;:; ;;;;g 57 (I ) (a),59 or 62 ofthe Magistrates (Summar~vProceedings) Act 1975 ,5 (t,, (I,,) 40 1958 Crimes No. 6231

or any right of the person charged to make a statement or give evidence without being sworn.

Alibi evidence.

S. 399A inserted 399~.( 1) On a trial on presentment the accused shall not without by No. 8870 S. 4 (1). the leave of the court adduce evidence in support of an alibi unless, before the end of the prescribed period, he gives notice of particulars of the alibi in the manner provided by sub-section (4). (2) Without prejudice to sub-section (l), on any such trial the accused shall not, without the leave of the court call any other person to give such evidence unless- (a) the notice under that sub-section includes the name and address of the witness or, if the name or address is not known to the accused at the time he gives the notice, any information in his possession which might be of material assistance in finding the witness; (b) if the name or the address is not included in that notice, the court is satisfied that the accused, before giving the notice, took reasonable steps to secure that the name or address would be ascertained; and Para. (c) (c) if the accused is notified by or on behalf of the Director of amended by No. 9848 S. 18 (1). Public Prosecutions that the witness has not been traced by the name or at the address or by the information given, he forthwith gives notice of any information then in his possession which might be of material assistance in finding the witnesses or on subsequently receiving any such information, forthwith gives notice of it. (3) The court shall not rehse leave under this section if it appears to the court- (a) in a case where the accused was committed for trial on the charge in respect of which the alibi is sought to be relied upon, that he was not informed of the requirements of this section in the manner prescribed by section 59 of the Magistrates (Summary Proceedings) Act 1975; or Para. (b) (6) in any other case, that he was not informed of these amended by No. 9848s. 18(1). requirements in writing by the Director of Public Prosecutions upon or before the supply to him of a copy of the statement and particulars of the offence as charged in the presentment. s~.(s)ame- (4) Notice under subsection (I) shall either be given in court during by No. 9848 S. 18 (11. or at the end of the committal proceedings, or be given in writing to the Director of Public Prosecutions; and notice under paragraph (c) of sub-section (2) shall be given in writing to the Director of Public Prosecutions. 1958 Crimes No. 623 1 125

(5) A notice to the Director of Public Rosecutions under this section E; jo may be given by leaving it at his office or by sending it in a registered (1,. letter addressed to him at his office. (6) Any notice purporting to be given under this section on behalf of the accused by his solicitor shall, unless the contrary is proved, be deemed to be given with the authority of the accused. (7) In this section- "evidence in support of an alibi" means evidence tending to show that by reason of the presence of the accused at a particular place or in a particular area at a particular time he was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission. "the prescribed period" means a period of ten days from- (a) in a case where the accused was committed for trial on the charge in relation to which the alibi is sought to be relied upon, the day on which he was so committed; and (6) in any other case, the day on which he was supplied with a copy of the statement and particulars of the offence as charged in the presentment. (8) For the purposes of this section the Governor in Council may . . .l . . . - l -A. - .-- P- - .-..l -A A. TELEPHONE &27&

(89lJ) 5816231 pp. 124 - 125 S. 399A(3). REPI!R S. 3 (Schedule Item 42:35) of 1,989 No. 57. To be amended hut the arnendlng provlslon is not yet in force. Omit the ex ression "in the manncr prescribed by section 59 of the Magistrates (Summary Brocee~in~s)~ct 1975 .

ended by No. under this secuon, me alsclosure thereoi to courts, ana Lnt: 9848 18 (1). transmission to the Director of Public Prosecutions of a copy of the record of such notices; and (e) any matter or thing necessary to be prescribed for carrying into effect the provisions of this section.

Provision relating to witnesses to alibis. 399~.No one who has been named or referred to as a proposed ;i;TE7yz witness in any notice given by the accused under the preceding section shall, before the conclusion of the trial for the purposes of which the notice was given or any re-trial which may be directed, be communicated with directly or indirectly by any person acting for the prosecution or by any member of the police force with respect to the case or to any matter related thereto, unless in the presence and with the consent of 1958 Crimes No. 6231 125

(5) A notice to the Director of Public Prosecutions under this section E;;:) may be given by leaving it at his office or by sending it in a registered (1,. letter addressed to him at his office. (6) Any notice purporting to be given under this section on behalf of the accused by his solicitor shall, unless the contrary is proved, be deemed to be given with the authority of the accused. (7) In this section- "evidence in support of an alibi" means evidence tending to show that by reason of the presence of the accused at a particular place or in a particular area at a particular time he was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission. "the prescribed period" means a period of ten days from- (a) in a case where the accused was committed for trial on the charge in relation to which the alibi is sought to be relied upon, the day on which he was so committed; and (b) in any other case, the day on which he was supplied with a copy of the statement and particulars of the offence as charged in the presentment. (8) For the purposes of this section the Governor in Council may make regulations for or with respect to- (a) the form of notices referred to in this section and the nature of any particulars required to be given thereon; (b) the service of such notices and proof of service thereoc (c) the information to be given to accused persons of the requirements of this section and the giving of such information; (d) recording and certifying the giving of notices and particulars under this section, the disclosure thereof to courts, and the 9848 S. ia(1). transmission to the Director of Public Prosecutions of a copy of the record of such notices; and (e) any matter or thing necessary to be prescribed for carrying into effect the provisions of this section.

Provision relating to witnesses to alibis. 399~.No one who has been named or referred to as a proposed Ei",yB;r7yz witness in any notice given by the accused under the preceding section (1,. shall, before the conclusion of the trial for the purposes of which the notice was given or any re-trial which may be directed, be communicated with directly or indirectly by any person acting for the prosecution or by any member of the police force with respect to the case or to any matter related thereto, unless in the presence and with the consent of 1958 Crimes No. 623 1

the accused's barrister or solicitor or, where he is unrepresented, the accused himselt and any such person or member so communicating with knowledge of facts which render his conduct a contravention of this section shall be guilty of a contempt of the court of trial and may be dealt with by it accordingly.

Wife or husband etc. of the accused to be competent and compellable witnesses.

S. 400 400. (1) Nothing in this section shall operate to compel any person charged with an offence (in this section called "the accused") to give amended by NOS. evidence in any proceedings wherein such charge is heard. 7994 S. 3.8338 S. 6. 8410 S. 2 (a) (b).9019s.2(1). (2) Subject to sub-section (3), the wife, former wife, husband or former husband of the accused shall be a competent and compellable witness for the prosecution at every stage of the proceedings against the accused, including proceedings for the grant, variation or revocation of bail, as if the marriage had never taken place. (3) In any proceedings against the accused, the presiding judge or justice shall exempt the accused's wife, husband, mother, father or child (in this section called the "proposed witness") from giving evidence on behalf of the prosecution, either generally or in relation to a particular matter, if, but only if, he is satisfied upon application made to him in the absence of the jury (if any) that, having regard to all the circumstances of the case, the interest of the community in obtaining the evidence of the proposed witness is outweighed by- (a) the likelihood of damage to the relationship between the accused and the proposed witness; or (6) the harshness of compelling the proposed witness to give the evidence; or (c) the combined effect of the matters mentioned in paragraphs (a)and (b). (4) Without restricting the generality of the phrase "all the circumstances of the case" in sub-section (3), such circumstances shall include- (a) the nature of the offence charged; (b) the importance in the case of the facts which the proposed witness is to be asked to depose to; (c) the availability of other evidence to establish those facts and the weight likely to be attached to the proposed witness's testimony as to those facts; (d) the nature, in law and in fact, of the relationship between the proposed witness and the accused; (e) the likely effect upon the relationship and the likely emotional, social and economic consequences if the proposed witness is compelled to give the evidence; and 1958 Crimes No. 623 1

(f) any breach of confidence that would be involved. (5) The fact that a proposed witness has applied for or been granted an exemption pursuant to this section shall not be made the subject of any comment to the jury by the prosecution or by the presiding judge. (6) Where the husband, wife, mother, father or child of the accused is called as a witness for the prosecution, the presiding judge or justice shall satisfy himself that the person so called is aware of his or her right to apply for an exemption pursuant to this section. Provision for simplifying proof of previous offences. 401. When any person has been indicted or presented for ;oi::y;;& cornmittinn any- offence after a previous conviction or convictions or by NOS. 8338s.7 where a count or counts averring a previous conviction or previous $l!k)+g576s.11 convictions have been added as hereinbefore provided(41)and such person has been convicted of such subsequent offence (hereinafter in this section termed the "first-mentioned principal offence") and such previous conviction or convictions or any of them have thereupon been admitted by or proved against him, and at any subsequent- time TELEPHONE &lnl&

(89lJ) 5816231 -pp. - 126 - 127 kEf:043)h3);. 3 (Schedule Item 12.36) of 1989 No. 57. To be smended hut the amending provision is not yet in force. Omil the word 'justice' and iuhst!t~te:- magistratc'. S. 400 5 . AMEN\ll!D (as f~om25/6/89) by S. 19 of l989 No. 25. Omir the words the prose:utlon and subst~tute:- counscl for the prosecution". S 400 6). S. 3 (Schedule Item 42:37) of 1989 No 57. To be amended hut !he amend~ngprovision is not yet in force. Omil the words "justtce" and substttute:- 'magistrate'.

W..------. the case may be) w&e admitted by or proved against such offender may be given in evidence; such certificate shall (upon proof of the identity of the person against whom the same is given in evidence with the offender mentioned in the certificate as having been convicted of such first-mentioned principal offence) be sufficient evidence of the conviction of such person not only for such first-mentioned principal offence but also of the previous conviction or convictions therein mentioned without proof of the signature or official character of the person appearing to have signed the same; Or a certificate purporting to be signed by the governor or officer in charge of any prison or penal establishment or by the 1958 Crimes No. 623 1

(f) any breach of confidence that would be involved. (5) The fact that a proposed witness has applied for or been granted an exemption pursuant to this section shall not be made the subject of any comment to the jury by the prosecution or by the presiding judge. (6) Where the husband, wife, mother, father or child of the accused is called as a witness for the prosecution, the presiding judge or justice shall satisfy himself that the person so called is aware of his or her right to apply for an exemption pursuant to this section.

Provision for simplifying proof of previous offences.

401. When any person has been indicted or presented for :oi$;m$;; committing any offence after a previous conviction or convictions or by NOS.8338 7 where a count or counts averring a previous conviction or previous i:i(k).g576s11 convictions have been added as hereinbefore provided(4') and such person has been convicted of such subsequent offence (hereinafter in this section termed the "first-mentioned principal offence") and such previous conviction or convictions or any of them have thereupon been admitted by or proved against him, and at any subsequent time such person indicted or presented for committing any other offence subsequent to the committing of such first-mentioned principal offence and to such previous conviction or convictions as aforesaid then such first-mentioned principal offence and such other previous conviction or convictions as aforesaid may notwithstanding anything contained in this or any other Act be proved against such person as follows: A certificate containing the substance and effect only of the conviction for such first-mentioned principal offence purporting to be signed by the officer having the custody of the records of the court where the offender was convicted or by the deputy of such officer or by the officer for the time being acting in such first-mentioned capacity and setting forth that at the time of such conviction such previous convictions (at the places and times therein mentioned, for the offences therein specified or generally for indictable offences or offences punishable on summary conviction, as the case may be) were admitted by or proved against such offender may be given in evidence; such certificate shall (upon proof of the identity of the person against whom the same is given in evidence with the offender mentioned in the certificate as having been convicted of such first-mentioned principal offence) be sufficient evidence of the conviction of such person not only for such first-mentioned principal offence but also of the previous conviction or convictions therein mentioned without proof of the signature or official character of the person appearing to have signed the same; Or a certificate purporting to be signed by the governor or officer in charge of any prison or penal establishment or by the 1958 Crimes No. 6231

officer for the time being acting in that capacity and setting forth that the person therein mentioned underwent the whole or a portion of the sentence of imprisonment therein mentioned may be given in evidence; such certificate shall contain a copy of the record warrant or other authority under which such person was detained in such prison or penal establishment, and shall (upon proof of the identity of the person against whom the same is given in evidence with the offender mentioned in the certificate as having so undergone the whole or a portion of such sentence of imprisonment) be sufficient evidence not only of the conviction of such person for the crime for which such sentence of imprisonment appears from such certificate to have been awarded but also of the admission by or proof against such person immediately before such sentence was awarded of any previous conviction or convictions mentioned in such copy of the record warrant or other authority. Nothing in this section contained shall be construed to affect or alter the law with respect to the proper stage of the proceedings upon such indictment or presentment for proving any previous conviction therein averred.

Previous convictions to be noted in new sentence.

~0.6103~.402. 402. Where any person has been indicted or presented for committing any offence after a previous conviction or convictions or (1). where a count or counts avemng a previous conviction or convictions have been added as hereinbefore provided and such person has been convicted of such subsequent offence and such previous conviction or convictions or any of them have been admitted by or proved against him the fact that such previous conviction or convictions have been so admitted or proved and the date or dates thereof and the term or terms of imprisonment awarded therefor respectively shall be entered upon the minutes or record of such subsequent offence. S. 403 repealed * * * * * a * by No. 6758 S. 3. Proof of marriage on trial for bigamy.

~0.6103s.404 404. On the hearing before a justice of or on the trial of any person on a charge of having (during the life of his or her wife or husband) gone through the form or ceremony of marriage with some other person, the production of a copy of the register or other official record of a marriage or of an extract from such register or other official record shall on proof of the identity of such first-mentioned person be prima facie evidence of his or her mamage or of his or her having gone through the ceremony of mamage- (a) if such copy or extract is proved to be an examined copy or 1958 Crimes No. 6231 129

extract of or from the register or other official record of marriages kept in any portion of Her Majesty's dominions; or (b) if such copy or extract purports to be signed and certified as a true copy or extract by the officer to whose custody the original is intrusted, and if the facts that such officer is an officer intrusted with the custody of the original register or official record and that the signature thereto is the signature of such officer and that such register or other official record is an official record within the meaning of this Act purports to be certified to by a judge of a superior court or Governor or Administrator of the Government of that portion of Her Majesty's dominions in which such register or official record is kept.

Meaning of term "official record".

405. (1) For the purposes of the last preceding section, an official N06'03~405. record of a marriage shall be such record of marriages as is required by law to be kept, or as is made by law evidence of mamages celebrated in that portion of Her Majesty's dominions in which the same is kept. (2) Nothing in this or the last preceding section shall apply to the proof of a marriage celebrated or of a ceremony of marriage performed in Victoria. * * * * * * * S. 406 repealed by No. 9576 S. 11 (1).

(891J) 5816231 pp. 128 - 129 S. 404. REPIJH S. 3 (Schedule Item 42.38) of 1989 No. 57. To be amended hut the- amending prov~sion IS not yet in force. Omit the words "justice and sut)st~tute:- 'magistratc'. S. 407. REPI!AI,I!I> (as from 35/6/89) by S. 9 of 1989 No. 25.

impression alleged to be forged or counterfeited with any mark or impression denoting any stamp duty which appears to the court to be genuine and thereupon to decide and determine accordingly. (2) Where upon the trial of any person charged with any offence against Division five of Part I. it is necessary to prove that any coin ~d S produced in evidence against such person is false or counterfeit, it shall

not be necessary to prove the same is false and counterfeit by the tea evidence of any moneyer or other officer of Her Majesty's Mint; but it shall be sufficient to prove the same to be false or counterfeit by the ,021 evidence of any other witness. 1958 Crimes No. 6231

extract of or from the register or other official record of marriages kept in any portion of Her Majesty's dominions; or . (6) if such copy or extract purports to be signed and certified as a true copy or extract by the officer to whose custody the . original is intrusted, and if the facts that such officer is an .

.( . officer intrusted with the custody of the original register or official record and that the signature thereto is the signature of such officer and that such register or other official record is an official record within the meaning of this Act purports to be certified to by a judge of a superior court or Governor or Administrator of the Government of that portion of Her Majesty's dominions in which such register or official record is kept. Meaning of term "official record".

405. (1) For the purposes of the last preceding section, an official N0.6103~-405- record of a marriage shall be such record of marriages as is required by law to be kept, or as is made by law evidence of mamages celebrated in that portion of Her Majesty's dominions in which the same is kept. (2) Nothing in this or the last preceding section shall apply to the proof of a marriage celebrated or of a ceremony of mamage performed in Victoria. * * * * * * * S. 406 repealed by No. 9576 S. 11 (11. ~vid;hyincase of forged stamp.

407. ($-upon the trial of any person charged with any offence No.mms- 407 \\ against the proxjsions of Division four of Part I. relating to the stamps the court and jury may compare and receive the comparison of any stamp die mark or counterfeited with any mark or which appears to the court to be determine accordingly. (2) Where upon the trial of against Division five of Part I. produced in evidence against su not be necessary to prove the evidence of any moneyer or ot shall be sufficient to prove th evidence of any other witness. * * * * * * * S. 408 mpeekd by No. 8143 S. 11.

a a a f * * rC S. *OBA infmhd by No. 8808 S. 2.

I mbym. 8143s. 11. 1 Crimes No. 6231

No need to prove specific intent to defraud in trials relating to instruments.

~0.6103~.409. 409. On the trial of any indictment or presentment 4behgmg S. 409 amended by Nos. 8425 *(1)(1).9576 -for any offence against Division three of Part I. it shall S. 11 (1). not be necessary to prove an intent on the part of the accused todeikwh .er injure any particular person; but it shall be sufficient to prove that 25[lq89 the accused did the act charged with an intent todeRMlesr injure

Proof of lawful excuse.

No.61Ws. 410. 410. Wherever by this Act doing any act matter or thing or having a specified article or thing in possession without lam1 authority or excuse is made, or expressed to be an offence, the proof of such authority or excuse shall lie on the accused.

Determination of age.

No.6103~.411. 411. Where for the purposes of this Act it is necessary for any judge S. 41 1 amended by ,,, ,, , or chairman or jury or for any magistrates' court to determine the age lo.7876s. 2(3). of any person such judge or jury or court shall determine such age as he they or it may be best able having regard to the evidence or if there is no other sufficient evidence to the appearance of such person.

Prisoners entitled to inspect depositions on trial.

~0.6103~.412. 412. All persons under trial shall be entitled at the time of their trial to inspect without fee or reward all depositions which have been taken against them and delivered in manner by law required to the proper officer of the court before which such trial is had or copies of such depositions.42

Depositions taken on one charge may be read in prosecution of others.

No.6103~.413. 413. Depositions taken and statements referred to in section 45 of S. 41 3 amended by Nos,8275 the Magistrates (Summary Proceedings ) Act 1975 that are admitted in 12(a)(b).9059 evidence in the preliminary or other investigation of any charge against S. 2(1). any person may be read as evidence in the prosecution of the same or any other offence whatsoever upon the like proof and in the same manner in all respects as they may according to law be read in the prosecution of the offence with which such person was charged when such depositions were taken or such statements were so admitted as evidence. 1958 Crimes No. 623 1 13 1

Subpoenas in criminal cases may be issued by sheriffs etc.

414. Every sheriff and every deputy sheriff may issue subpnas ad N0.6103~.414. tpvtjfimn/jurn and cllh-mac At~r~rt~rum in anv criminal case tn hp S.4147703

(89/J) 5816231 pp. 130 - 131 S. 409. AMENDED (as from 25/6/89) by S. 10 of 1989 No. 25. Omit the words "for forging altering uttering offering disposing of or putting off any instrument whatsoever or".

S. 409. AMi?NDED (as from 25/6/89) b S. 10,of 1989 No. 25. Omit the words .defraud orn (*;ere twlcc occurring). S. 409. AMFNDBD (as from 25/6/89) by S. 10 of 1989 No. 25. Omlt the words "(as the case may be)". S. 410. REFER S. 143 of 1989 No. 51. To be repealed but the repealing provision is not yet in force. S. 411. REFI!R S. 3 (Schedule Item 42,39) of 1.989 No. 57. To be amended but the arnetdlng provlsron IS not yet in force. Omit the words "or chairman . S. 411. REPER S. 3 (Schedule Item 42,39) of 1989 No. 57. To be amended !ut the amend~n~prov!slon is not yet in force. Omit the words any maglstfates court and substi!ute:- the Magistrates' Court . S. 413. H17,T11!R S. 3 (Schedule Item 42,40) of 1,989 No. 57. To be amended but ,,the amend~n rovlslon IS not et in force. Omit the expression section 45 ok tic bfagrstratcs (.&mrnsry Proceedings) Art 1975" and substitute:- 'clausc 1 of Schedule 5 to the Magistrates' Court Act 1989'. S 415 l). g1!1'1!6 S. 3 (Schedule ltem 42,41) of 1.989 NO. 57. 10 be amended put the amending provlslon 1s not yet in force. Onlit the words by a justice". 4) inserted 8410s. 3 S 415 1) tended by ~i~1!6 ;. 16 Schedule Itern 16.6) of 1,989 NO. 19. 554s. 2 To be amcnde6 but the anlcndlng prov~slon IS not yet in force. D11 986 Omit the words "a judge of". (2). S 415 1) R . 6 Schedule item 16.6) of 1089 No. 19. To he amende4 but the amendlng provlrlon IS not yet in force. Omit the words "or his". S 415 1A). RkI S. 6 Schedule Item 16.7) of 1989 No. 19. TO hc arnendc6 but thc amending provision is not yet in force. Omit the words "a judge of". l Schedule Item 16.7) of p.89 No. 19. To be arnende6 but the amcndlng provlrlon is not yet in force. Omit the words "or judge". S 415 1A). R.0141!6 S. 16 Schedule Item 16.7) of 1,989 No. 19. To be arnendei but the amendlng provlslon IS not yet in force. Omit the words "or his". 1958 Crimes No. 6231

Subpoenas in criminal cases may be issued by sheriffs etc.

414. Every sheriff and every deputy sheriff may issue subpaenas ad No.6103~.414. testificandurn and subpcenas duces tecum in any criminal case to be ~;~~a~~* tried at the Supreme Court. Every such subpoena shall be sealed by the S. 5. sheriff or deputy sheriff issuing the same, and every person served with any such subpoena shall be liable and subject to the like penalties for disobedience thereof as if the same had been issued out of the Supreme Court.

Issue of warrant when witness does not appear.

415. (1) Whenever- No. 6103 S. 415. Ss. (l) amended by Nos. 7705 (a) any person has been bound over by a justice to appear and S. 10.8410 S. 3 give evidence or to appear for the purpose of producing :)$:1'){'$& documents on any trial before the Supreme Court or before 140(2). the County Court; or (b) a subpcena ad testijicandum subpaena duces tecum or summons has been issued for the attendance of any person on any trial before the Supreme Court or the County Court and a copy thereof has been duly served upon such person, and a reasonable sum of money has been paid or tendered to him for his costs and expenses in that behalf- the Supreme Court or a judge of the County Court may if such person neglects or refuses to attend issue its or his warrant to apprehend such person, and may also order any such person to pay a fine not more than 5 penalty units, but no such fine shall exempt such person from any other proceedings for disobeying such subpaena or summons.

( l A) Whenever it is proved to the satisfaction of the Supreme Court g;:rgly;y or a judge of the County Court (as the case requires)- (2), amended by Nos. 9554 S. 2 (2). l1011 986 (a) that any person referred to in paragraph (a) or paragraph (b) S. 140 (2). in sub-section (1) is likely to absent himself from the trial; or (b) that any person for whose attendance on a trial a subpczna ad testijicandum subpoena duces tecum or summons has been issued is keeping out of the way to avoid service thereof- the court or judge may issue its or his warrant to apprehend such person, and may also order any such person to pay a fine not more than 5 penalty units, but no such fine shall exempt such person from any other proceedings for disobeying such subpaena or summons. 1958 Crimes No. 623 1

(2) When a witness has been apprehended under a warrant as hereinbefore provided any justice may discharge such witness upon his entering into a recognisance with or without sureties at the discretion of such iustice conditioned for his appearance at the time and place

(8914 58/6231 S. 41s 2). pp. 132 - 133 REPIZ~S. 3 (~cheduleItem 42,42) of ,989 NO. 57. To be amended but :he amend~ngprovlslon is not yet in force. Insert before "jusl~ce (where twice occurring) the following:- bail'.

IIULWlrll.Y~..." -. upon as if the said ~ct'hadnot been passed and no JUClgnlerr&prru record process warrant panel or return shall be affected by any mere rasure interlineation addition subtraction diminution or literal error therein and in affirmance of any judgment any such defect may be amended reformed or corrected. (16) Summing Up

Rights of prosecution on trials before juries. s-417ame** 417. (1) Upon every trial before a jury for an indictable offence by No. 7705 S, 10, counsel for the prosecution shall be allowed to address the jury a second ;~~;~~b;(,,, time in support of his case for the purpose of summing up the evidence but the time at which he shall be entitled to exercise that right shall in all cases be after the close of all evidence (including any unsworn statement by the accused) and before the closing speech, if any, by or on behalf of the accused. (2) The prosecution shall not be entitled to any further or other right of reply upon the ground that the Attorney-General or the Solicitor-General or counsel representing either of them appears for the prosecution at the trial nor upon any other ground. ss. (3) amended (3) Notwithstanding anything in this section if, in the closing speech by No. 3711986 S, S (c).'' by or on behalf of the accused, relevant facts are asserted which are not supported by any evidence or unsworn statement that is before the jury, the presiding judge may grant leave to counsel for the prosecution to make a supplementary submission to the jury confined to replying to such assertion.

Procedure for evidence or answom statements by accused.

S. 418 418. Upon every trial before a jury for an indictable offence- substituted by No. 8870 s. 5 (1). (a) where the only witness called by the defence is the accused he shall be called as a witness immediately afier the close of the evidence for the prosecution; Crimes No. 623 1

(2) When a witness has been apprehended under a warrant as hereinbefore provided any justice may discharge such witness upon his entering into a recognisance with or without sureties at the discretion of such justice conditioned for his appearance at the time and place mentioned in the said warrant. (15)Amendrnentfl3 and Errors

Amendments in criminal proceedings. 416. In or in connexion with criminal proceedings all powers of amendment reform or correction existing at the time of the commencement of the Imperial Acts Application Act 1922 may notwithstanding any repeal effected thereby be exercised and acted upon as if the said Act had not been passed and no judgment plea record process warrant panel or return shall be affected by any mere rasure interlineation addition subtraction diminution or literal error therein and in affirmance of any judgment any such defect may be amended reformed or corrected. (16) Summing Up

Rights of prosecution on trials before juries.

S. 41 7 amended 417. (1) Upon every trial before a jury for an indictable offence by No. 7705 S. 10, counsel for the prosecution shall be allowed to address the jury a second substituted by No. 8870 S. 5 (1). time in support of his case for the purpose of summing up the evidence but the time at which he shall be entitled to exercise that right shall in all cases be after the close of all evidence (including any unsworn statement by the accused) and before the closing speech, if any, by or on behalf of the accused. (2) The prosecution shall not be entitled to any further or other right of reply upon the ground that the Attorney-General or the Solicitor-General or counsel representing either of them appears for the prosecution at the trial nor upon any other ground. Ss. (3) amended (3) Notwithstanding anything in this section if, in the closing speech by No. 3711 986 S. 5 (C)." by or on behalf of the accused, relevant facts are asserted which are not supported by any evidence or unsworn statement that is before the jury, the presiding judge may grant leave to counsel for the prosecution to make a supplementary submission to the jury confined to replying to such assertion.

Procedure for evidence or nnswom statements by accused.

S. 418 418. Upon every trial before a jury for an indictable offence- substituted by No.8870 S 5 (1). (a) where the only witness called by the defence is the accused he shall be called as a witness immediately after the close of the evidence for the prosecution; 1958 Crimes No. 6231

(b) where the accused makes an unsworn statement in lieu of giving evidence on oath and calls no witnesses his statement shall be made immediately after the close of the evidence for the prosecution;

(C) in cases not falling within (a) or (b)- (i) the accused may be called as a witness or may exercise his right to make an unsworn statement at such stage as he may think fit after the close of the evidence for the prosecution and either before or after the opening, if any, to the jury of the evidence of any witnesses to be called on his behalt (ii) the accused or, where the accused is defended by counsel :;:;:;;;;$:, or solicitor, the accused's counsel or solicitor, is NO. loo84 S. 7 (a). amended entitled- by NO. 3711986 S. S (d) (i).U A. to open to the jury the evidence of any witness to be called in support of the defence (including, where the accused is defended by counsel or solicitor, the evidence of the accused); and B. when all the evidence, if any, for the defence and any unsworn statement by the accused and the final address, if any, for the prosecution have been concluded, to address the jury for the purpose of summing up the evidence;

(d) for the purpose of enabling him to determine the proper ~~'n~~,Y,o, course of the proceedings the presiding judge shall, at the loos4 S. 7 (b). close of the case for the prosecution, question the accused's counsel or solicitor or, if he is unrepresented, the accused himself, as to what course the defence proposes to follow: and except by leave of the court the defence shall not be presented in any manner other than that of which the court has been advised in response to such questioning. (e) if the accused has made an unsworn statement or given unsworn evidence the presiding judge, in summing up the S. 5 (d) evidence for the benefit of the jury- (i) must inform the jury of the choices that the accused had with respect to the giving or not giving of evidence and of the consequences attached to each of those choices; and (ii) may comment on any matter contained in the statement or unsworn evidence. 1958 Crimes No. 6231

(18) View

View.

No.6103s.419. 419. The court may in any case if it thinks fit at any time before the jury have given their verdict direct that they shall view any place or thing which the court thinks it desirable that they should see and may give any directions necessary for that purpose. The validity of the proceedings shall not be affected by disobedience to any such directions, but if the fact is discovered before the verdict is given the court may if it thinks fit discharge the jury and direct that a new trial shall take place during the same sitting or may postpone the trial as provided by section three hundred and sixty.

(19) Verdicts. Insanity. Attempts, &c.

When person charged acquitted on the ground of insanity.

No.6103~.420. 420. (1) In cases where it is given in evidence on the trial of any S. 420 amended by Nos, 6884 person charged with any indictable offence that such person was insane (2).102/1986~.8 at the time of the commission of such offence and such person is (C) acquitted, the jury shall be required to find specially whether such person was insane at the time of the commission of such offence and to declare whether such person was acquitted by them on account of such insanity; and if they find that such person was insane at the time of the committing of such offence, the court before which such trial is had shall order such person to be kept in strict custody in such place and in such manner as to the court seems fit until the Governor's pleasure is known; and thereupon the Governor may by the order direct that he be kept in safe custody during the Governor's pleasure in the place designated in the order or in such other place as a person or authority designated in the order may from time to time determine.

Ss. (2) ~nserted (2) Instead of making an order under sub-section (1) the court after by No 102/1986 S 8 @I). having regard to any evidence before the court relatjng to the person's mental health or intellectual disability may make such order as it thinks fit to enable the person to receive appropriate services under the Mental Health Act 1986 or the IntefIectually Disabled Persons' Services Act 1986.

Where person charged with unlawful publication of defamatory matter. cf [l7921 32 420~.On the trial of a person charged with the unlawful publication George Ill. c. LX S, 1 of defamatory matter- S. 420A tnserted by NO. 9407 S. 2 (a) the jury may give a general verdict of guilty or not guilty (e). upon the whole matter in issue, in like manner as in other cases; and (b) the question whether any matter alleged to be defamatory Crimes No. 6231

is or is not capable of a defamatory meaning is a question of law.

Alternative verdicts on charge of murder.

421. (1) On an indictment or presentment for murder a person :";:;tuteaby found not guilty of murder may be found guilty of- NO. 9576 S. 6. (a) manslaughter; (b) any offence of which he may be found guilty under an enactment specifically so providing; (c) an offence against section 325; or (d) an attempt to commit murder or an attempt to commit any offence of which he may by virtue of this sub-section be found guilty- but may not be found guilty of any other offence. (2) Where, on a person's trial on indictment or presentment for any offence except treason or murder, the jury find him not guilty of the offence specifically charged therein, but the allegations in the indictment or presentment amount to or include (expressly or by necessary implication) an allegation of another offence falling within the jurisdiction of the court of trial, the jury may find him guilty of that other offence. (3) For the purposes of sub-section (2), any allegation of an offence shall be taken as including an allegation of an attempt to commit that ..a--- --

;. (4)amended No. 110/1986 l 40 (2).

1.l Schedule Itcm 16.8) of I989 No. 19. TO hc rrnendc6 hut the arnendlng provision is not yet in force. Omit :he words "court or" (wherever occurring).

Procedure where facts proved on trial alsclusr IIW~c a*. ..--,--,-.

422. (1) Where on the trial of a person for an indictable offence it f";;;tutdby appears that the facts in evidence amount in law to another indictable 9576s.6. offence carrying a heavier penalty, he shall not for that reason be entitled to be acquitted of the offence charged and, subject to sub-section (3), shall not be liable to be prosecuted aAerwards for the other offence. (2) Where on the trial of a person on indictment or presentment for attempting to commit an offence or any assault or other act preliminary to an offence it appears that the facts in evidence amount in law to the completed offence, the person shall not for that reason be Crimes No. 623 1

is or is not capable of a defamatory meaning is a question of law.

Alternative verdicts on charge of murder.

421. (1) On an indictment or presentment for murder a person ;";f;tUtMby found not guilty of murder may be found guilty of- NO. 9576 S. 6. (a) manslaughter; (b) any offence of which he may be found guilty under an enactment specifically so providing; (c) an offence against section 325; or (d) an attempt to commit murder or an attempt to commit any offence of which he may by virtue of this subsection be found guilty- but may not be found guilty of any other offence. (2) Where, on a person's trial on indictment or presentment for any offence except treason or murder, the jury find him not guilty of the offence specifically charged therein, but the allegations in the indictment or presentment amount to or include (expressly or by necessary implication) an allegation of another offence falling within the jurisdiction of the court of trial, the jury may find him guilty of that other offence. (3) For the purposes of sub-section (2), any allegation of an offence shall be taken as including an allegation of an attempt to commit that offence. (4) Notwithstanding anything in this section, where at the trial of a :;$);:;,c& person on indictment or presentment for an offence the court or judge 140(2). considers that in the interest of justice it is expedient for the court or judge to do so, the court or judge may order that the guilt of the person in respect of all or any of the other offences of which the person may by virtue of this section be found guilty shall not be determined at the trial.

Procedure where facts proved on trial disclose more serious offence.

422. (1) Where on the trial of a person for an indictable offence it ~~;~;tutwby appears that the facts in evidence amount in law to another indictable No.9576~.6. offence carrying a heavier penalty, he shall not for that reason be entitled to be acquitted of the offence charged and, subject to sub-section (3), shall not be liable to be prosecuted afterwards for the other offence. (2) Where on the trial of a person on indictment or presentment for attempting to commit an offence or any assault or other act preliminary to an offence it appears that the facts in evidence amount in law to the completed offence, the person shall not for that reason be 136 1958 Crimes No. 623 1

entitled to be acquitted of the offence charged and, subject to sub-section (3), shall not be liable to be prosecuted afterwards for the completed offence. (3) Notwithstanding sub-sections (l) and (2), in a case to which either of those sub-sections applies the trial judge may if he thinks fit in his discretion discharge the jury from giving any verdict and direct the person to be presented for the other indictable offence or the completed offence, as the case may be.

Jury may acquit of indictable offence and convict of unlawfully wounding etc.

No 6103s.423. 423. Where on the trial of any person for any indictable offence S.423 amended a, NO 9576 except murder or manslaughter the indictment or presentment alleges (1) that the defendant did wound any person or did cause grievous bodily harm to any person and the jury are satisfied that the defendant is guilty of the wounding or of inflicting the grievous bodily harm charged in such indictment or presentment but are not satisfied that the defendant is guilty of the indictable offence charged they may acquit him of such indictable offence and find him guilty of unlawfully wounding or of inflicting grievous bodily harm (as the case may be); and he shall be liable to punishment accordingly.

Alternative verdict on poisoning charge.

No 6103s 424 424. Where on the trial of a person for the indictable offence of S 424 amended byNo 9576s 1l unlawfully and maliciously administering poison so as thereby to (1) endanger life or for any other indictable offence mentioned in section twenty-two of this Act the jury are not satisfied that the accused is guilty thereof but are satisfied that he is guilty of any indictable offence mentioned in section twenty-three they may acquit him of the offence charged and find him guilty of the offence against section 23; and he shall be liable to punishment accordingly.

Alternative verdicts for certain charges of sexual offences.

S 425 425. (1) Where on the trial of a person charged with rape the jury subst~tu!edby NOS 7~77~4 are not satisfied that he is guilty of rape or of an attempt to commit 9509 S 8 rape but are satisfied that he is guilty of- (a) assault with intent to commit rape; (b) indecent assault; (C) assault of a child under the age of ten years with intent to take part in an act of sexual penetration; (d) assault of a person who is of or above the age of ten years but under the age of sixteen years and to whom the accused is not mamed with intent to take part in an act of sexual penetration; Crimes No. 6231

(e) assault occasioning actual bodily harm; or ( f) common assault- the jury may acquit the accused of rape and find him guilty of whichever of those offences they are satisfied he is guilty and he shall be liable to punishment accordingly.

(2) Where on the trial of a person charged with rape with aggravating circumstances the jury are not satisfied that he is guilty of rape with aggravating circumstances or of an attempt to commit rape with aggravating circumstances but are satisfied that he is guilty of- (a) assault with intent to commit rape with aggravating circumstances; (b) indecent assault with aggravating circumstances; or (c) any offence of which he may be found guilty on a charge of rape- the jury may acquit the accused of rape with aggravating circumstances and find him guilty of whichever of those offences they are satisfied he is guilty and he shall be liable to punishment accordingly.

(3) Where on the trial of a person charged with having taken part in an act of sexual penetration with a child under the age of ten years the jury are not satisfied that he is guilty thereof or of an attempt to take part in an act of sexual penetration with such a child but are satisfied that he is guilty of- (a) assault with intent to take part in an act of sexual penetration with such a child; (b) indecent assault; (c) assault occasioning actual bodily harm; or (4 common assault- the jury may acquit the accused of the charge and find him guilty of ~hicheverof those offences they are satisfied he is guilty and he shall be liable to punishment accordingly.

(4) Where on the trial of a person charged with having taken part in an act of sexual penetration with a person of or above the age of ten years and under the age of sixteen years and to whom the first-mentioned person is not mamed the jury are not satisfied that he is guilty thereof or of an attempt to take part in an act of sexual penetration with such a person but are satisfied tht; ile is guilty of- (a) assault with intent to take part in an act of sexual penetration with such a person; (b) indecent assault; (c) assault occasioning actual bodily harm; or 1958 Crimes No. 6231

(4 common assault- the jury may acquit the accused of the charge and find him guilty of whichever of those offences they are satisfied he is guilty and he shall be liable to punishment accordingly. (5) Where on trial of a person charged with an offence against section 52 the jury are not satisfied that he is guilty of the offence charged or of an attempt to commit the offence charged, but are satisfied that he is guilty of- (a) indecent assault; (b) assault with intent to commit the offence charged; (c) assault occasioning actual bodily ham; or (d) common assault- the jury may acquit the accused of the offence charged and find him guilty of whichever of those other offences they are satisfied he is guilty and he shall be liable to punishment accordingly. (6) Nothing in this section restricts the operation of sections 421 and 422. S 426 amended * * * * * * * by No 9576 S. 11 (11. repealed by No 9576 S. 11 (1). Alternative verdict for destroying property charges.

S.427repealed 427. Where a person is charged with committing an offence against by No. 8425 S 2 (I)(h). new S. 427 section 197 (2) or section 197 (3) and the jury are not satisfied that he is guilty of that offence but are satisfied that he is guilty of an offence against section 197 (l), the jury may return as their verdict that he is not guilty of the offence charged but is guilty of the offence against section 197 (1).

S. 428 amended * * * * * * * by Nos. 8425 S. 2 (I)(m). 9019 S. 2 (11, repealed by No. 9576 S. 11 (1). Ss. 429 to 434 * * * * * repealed by No 8425 s. 2 (I)(h). Alternative verdict for charges relating to riots.

S. 435 435. Where on the trial of a person for any offence against section subst~tutedby NO. 9576s. 11 206 (l) the jury are not satisfied that he is guilty of the offence charged (1). but are satisfied that he is guilty of an offence against section 206 (2), the jury may return as their verdict that he is not guilty of the offence charged but is guilty of the offence against section 206 (2); and he shall be liable to punishment accordingly. Crimes No. 6231

(19~)Disposal of Other Pending Charges When Sentence is Being $;-!;;z;zby Imposed No. 8870 S. 6 (l). * * * * * * * S. 435A inserted by No. 8870 S. 6 (l), amended by No. 9848 S. 18 (l), repealed by No. 10260 S. 114. (20)Records after Amendment

Records to be drawn up in amended form.

436. If it becomes necessary at any time for any purpose to draw No.6103s.436. up a formal record in any case where any amendment has been made &\~~~~~~~ under this such record shall be drawn up in the form in which (1). the indictment or presentment was after such amendment was made without taking any notice of the fact of such amendment having been made. (21) Judgments

Judgment not to be reversed because juror not returned as a juror.

437. No judgment after verdict in respect of any indictable offence f";:;tu,ed by shall be stayed or reversed because any person has served upon the jury NO. 9576 11 who has not been returned as a juror by the sheriff or other officer. (11. * * * * * * * S. 438 repealed by No. 9576 S. 11 (1). Payment of fine forwarded to Prothonotary.

* S. 439 substituted by No. 7184 S. 6. Ss. (l) amended by No. 7705 S. 10. repealed by No. 10152 S. 9 (a). * * * * Ss. (2) amended by Nos. 7705 S. 10.8338 S. 7 (a). 9427 S. 6 (l), (89/J) 58/6231 pp. 138 - 139 ~~~~~:~' PART 111 Ilivision 1. Ss. (3) amended AMfiNI)I!I) (as from 25/6/89) by S. 20 of 1989 ,No. 25. by No. 8338 S.7 Omit the heading "(19A) I)isix~salof Ofher Pcndrng Charges When Sentence is (a) (d). repealed Being 1rnp)sed". by No. 10152 S. 9 (a). PART 111 Division 1. Ss. (4) amended Rf!PBH S. 3 (Schedule Item 42.43) of 1989 No. 57. by NOS.7703 To be amended but the amendin rovls~on 1s not yet in force. S. 5.7705 S. 10, Omit the heading "(L9A) l)isyosalgof ofher I'ending Charges When Senfcncc is 7876 S. 2 (3), Bein In] >scd". 8731 S. 173. PI.C~SI!&;;).I'I!:- S. 3 (Schedule Item 42.43) of 1989 No. 57 endeavours to amend repealed by NO. Part 111 I)~v~sron1 heading. 'I'his head~nghas been repealed. 10152 S. 9 (a). Ss. (5) amended by No. 8731 S. 173. repealed by No. 10152 S. 9 (a). 140 1958 Crimes No. 623 1

Ss.(6)amem (6) The officer in charge of a prison shall, on receiving payment of by No. 8338 S. 7 (a) (d). or towards a fine, forthwith pay the amount received to the Prothonotary or to the clerk of the peace (as the case requires).

Ss. (7) amended (7) For the purposes of this section "Prothonotary" includes Deputy by Nos. 7705 10.10152 S. 9 Prothonotary. (a). (22) Restitution of Property Stolen &c.

Ss. 440 to 443 * * * * * * * repealed by No. 8425 S.2 (l)(h). D.P.P. may give directions for release of property tendered in evidence.

s.443~insefled 443~.(1) Where property is tendered in evidence during a by No. 8280 S. 15. preliminary examination for an indictable offence and some accused ss. (1) amended person is committed for trial for an offence with respect to the property by No. 9848 S. 18 (1). the Director of Public Prosecutions, upon application made to him in writing, may give directions in writing that the property be released to the applicant.

Ss.(2)amendd (2) The release of property under sub-section (1) may be subject to by No. 9848 S. 18 (1). a condition that the property released shall be produced at the trial and to such other conditions as the Director of Public Prosecutions thinks fit.

Ss.(3)amenm (3) The Director of Public Prosecutions may require a person to by Nos. 9554 S. 2 (2). 9848 S. 18 whom property is released under this section to give an undertaking to comply with the conditions to which the release is subject and any person who fails without reasonable cause to comply with an undertaking given by him shall be guilty of an offence against this Act and liable to a penalty of not more than 10 penalty units.

(4) Directions given under sub-section (l) shall not affect the legal title to the property or any legal right to possession of the property. ss.(5) ame~d (5) The Director of Public Prosecutions shall not be subject to any by No. 9848 S. 18 (1 1. liability for or with respect to any directions given by him under sub-section ( l ). (23) Procedure on Disagreement of Jury

Procedure on disagreement of jury.

No.6103s.444. 444. Where on the trial of a person for any offence the jury after six hours deliberation are unable to agree on their verdict and the jury are discharged from giving a verdict the court may direct that a new trial shall take place during the same sitting or may postpone the trial as provided by section three hundred and sixty. 1958 Crimes No. 623 1

(24)Power to Commitfor Perjury

Any court or judge may direct that a person be prosecuted for perjury.

445. The Supreme Court or the County Court or a judge of any No.6103s.445. court of record or a magistrates' court or a justice, or the sheriff or his E;~~~~~~~ lawful deputy before whom any inquiry or trial is held which the said S. 10.7876 S. 2 sheriff or deputy is by law required or authorized to hold, in case it ~)b~~,"8,::'~~ appears to him or it that any person has been guilty of wilful and (2). corrupt pe jury in any evidence given or in any affidavit deposition examination answer or other proceeding made or taken before him or it, may direct such person to be tried for such pe jury at some sittings of the Supreme Court or the County Court and may commit such person to gaol in the meantime or may admit him to bail to appear at his trial or grant such bail; and may require any person he or it thinks l-. . _ .. - - a:r:---l c- r-r-r..l...... 4- ..--l

(89lJ) 58/6231 pp. 140 - 141 S 439 6). rin131!6 S. 3 (Schedule ,tern 42:44) of 1989 NO. 57. To be amended hut the amentlrng provrslon is not yet in force. Omit tie words clerk of the peace and substitute:- registrar of the (:?unty Court or the appropriate registrar of the 16OS. amended 7705 Magistrates' Court . .m8S. 2 10/1986 RRPI!H S. 3 (Schedule item 42,453 of 1,989 No. 57. 0 (2). 3'0 be amended hut the arnenll~ng provlslon IS not yet in force. Ornil the words a niagrstratcs court or a justice" and substitute:- 'the Magistrates' <:ourt'. S. 446. HI!PI!H s.l.13 of 1989 No. 51. To be amenfed but the amendin rovision is not yet in force. Inwrt after County Court the kolgring:- or on the hearing of any appal in a criminal proceeding to the County Cmurl from the Magistrates'

Case to be stated.

447. (1) The court by which such question of law has been so N0.6103~.447. resewed shall thereupon state a case, setting forth the question or E~~~f~~o~ questions of law which has or have been so reserved with the special S. 10. lro~lges circumstances upon which the same has arisen and shall sign and s.140(2'. transmit the same within a reasonable time to the Full Court; and the Full Court consisting of any three or five judges of the Supreme Court shall have power to hear and finally determine the said question or questions, and thereupon to affirm or quash a conviction or to affirm amend or reverse any judgment which has been given and in case of quashing any conviction or reversing any judgment to direct a new trial to be had, or order an entry to be made on the record that in the judgment of the said Full Court the party convicted ought not to have been convicted, or to direct judgment to be given thereon at some other session of the Supreme Court or the County Court if no judgment has Crimes No. 623 1

(24)Power to Commit for Pe&ry

Any court or judge may direct that a person be prosecuted for perjury.

445. The Supreme Court or the County Court or a judge of any No.61rns.*5. court of record or a magistrates' court or a justice, or the sheriff or his ~;~~~y~:~ lawful deputy before whom any inquiry or trial is held which the said S. 10.7876 9.2 sheriff or deputy is by law required or authorized to hold, in case it \~)$~~;.2,(~~ appears to him or it that any person has been guilty of wilful and (2). corrupt perjury in any evidence given or in any affidavit deposition examination answer or other proceeding made or taken before him or it, may direct such person to be tried for such perjury at some sittings of the Supreme Court or the County Court and may commit such person to gaol in the meantime or may admit him to bail to appear at his trial or grant such bail; and may require any person he or it thinks fit to enter into a recognisance conditioned to appear or to appear and give evidence against such person so directed to be tried as aforesaid. (25j Crown Cases Reserved

Questions of law may be reserved.

446. If on the trial of any person convicted of any indictable offence No. el~446. in or before the Supreme Court or the County Court any question of difficulty in point of law has arisen, the court may in its discretion S. 10.9008s.2 (1). 110/1986 reserve such question of law for the consideration and determination ,. 140(2). of the Full Court; and in any such case the court may respite the execution of the judgment on such conviction or postpone the judgment until such question of law has been considered and determined; and in either case the court in its discretion shall commit the person convicted to prison, or shall admit him to bail to appear before the court at such time or times and place as the court directs and receive judgment or render himself into custody as the case may be.

Case to be stated.

447. (1) The court by which such question of law has been so No.61rns.447. reserved shall thereupon state a case, setting forth the question or E;ibry'.&ded questions of law which has or have been so reserved with the special S. 10. llo~lgw circumstances upon which the same has arisen and shall sign and 140(2'. transmit the same within a reasonable time to the Full Court; and the Full Court consisting of any three or five judges of the Supreme Court shall have power to hear and finally determine the said question or questions, and thereupon to affirm or quash a conviction or to affirm amend or reverse any judgment which has been given and in case of quashing any conviction or reversing any judgment to direct a new trial to be had, or order an entry to be made on the record that in the judgment of the said Full Court the party convicted ought not to have been convicted, or to direct judgment to be given thereon at some other session of the Supreme Court or the County Court if no judgment has 142 1958 Crimes No. 6231

been before then given, or to make such other order as justice may require: Provided that the Full Court notwithstanding that it is of opinion that any question reserved should be answered in favour of the person convicted may refrain from quashing the conviction or reversing the judgment if it considers that no substantial miscamage of justice has actually occurred. In case a new trial is directed and the person convicted is in custody the Full Court may make such order as to bail as it thinks fit.46The judgment and order (if any) of the Full Court shall be certified under the hand of the presiding Chief Justice or senior of the said judges and an office copy thereof shall be delivered or transmitted by the Prothonotary to the associate or registrar as the case may be, who shall enter the same on the original record in proper form.

Ss. (2) amended (2) The said associate or registrar shall if the accused person is in by Nos. 7705 S. 10.8338 S. 7 custody forthwith deliver or transmit to the sheriff or officer in charge (C). of the prison such office copy which shall be a sufficient warrant to such sheriff or officer in charge of the prison and all other persons for the execution of the judgment as the same has been affirmed or amended, and execution shall be thereupon executed upon such judgment; and for the discharge of the person convicted from further imprisonment under the judgment if it has been reversed and in that case such sheriff or officer in charge of the prison shall forthwith discharge him from such imprisonment provided that if a new trial is directed such person may unless released on bail be detained in safe custody to await such new trial.

Ss. (3) amended (3) If the Full Court has reversed a judgment and has not directed by Nos. 7705 S. 10. 9008s.2 a new trial the bail (if any) given under the last preceding section shall (1). be vacated by the Supreme Court or the County Court as the case may be; and if the Supreme Court or the County Court is directed to give judgment, the said court shall proceed to give judgment at the session directed by the Full Court, and if no such session has been directed may give such judgment at a session held at any place at which the court sits and at which the person convicted is bound to appear or at any court at which he does appear.

Case may be sent back for amendment.

No. 61 03 S.448 448. The Full Court when a case has been reserved for its opinion shall have power if it thinks fit to cause the case to be sent back for amendment; and thereupon the same shall be amended accordingly and the judgment of the Full Court shall be delivered after it has been amended.

Refusal of Court to reserve a question of law.

No. 6103 S.449. 449. When the Supreme Court or the County Court refuses to S. 449 amended by Nos. 7705 reserve any question of law under the provisions of this Act the applicant s.10.9848s.18 may apply to the Full Court for a rule or order nisi calling on that Court (1). 110/1986 S. 140 (2). and also upon the Director of Public Prosecutions to show cause why 1958 Crimes No. 6231

such question should not be reserved for the opinion of the Full Court, and the Full Court may make the same absolute or discharge it with or without costs as it thinks proper.

Court to state case upon being served with order absolute.

450. The Court upon being served with any such rule or order No.6103s.450. absolute shall reserve such question of law accordingly for the opinion g;*,~~~~! of the Full Court; and thereupon the procedure defined by sections four S. 10.1 lo119es hundred and forty-six four hundred and forty-seven and four hundred 140'2'. and forty-eight shall with any necessary modifications become applicable as if that Court had consented to reserve such question of law.

Director of Public Prosecutions may refer point of law to Full Court. 450~.(1) Where a person tried on an indictment or presentment ~i~~9$';~~ has been acquitted (whether in respect of the whole or part of the ,,.,,,,,,, indictment or presentment) the Director of Public Prosecutions may, by NOS. 9576 if he desires the opinion of the Full Court on a point of law which has :::$I:9w8 " "- - --A to the Full Court, and the Full TELEPHONE -.

(89lJ) 5816231 pp. 142 - 143 S. 450A(1). REIII!H S. 143 of 1989 No. 51. To be arncn?ed but the amending provision is not yet in force. Insert a-ftcr presentment chere first occurring) the following:- 9 by No. or who has appcalc to the Caunty Court from thc Magistrates' Court in a cr~minal proceeding'. 8 (1). S. 450A(1). REIJI!R S. 143 of 1989 No. 51. To be amenGed but the "ameqding provision is not et in force. Insert after present ment (where secondly occurring{ the following: - 'or charge'. section an acquitted person appears in person or by counsel on his behalf pursuant to paragraph (b) of sub-section (2), he shall be entitled to reasonable costs as settled by the Taxing Master. (4) A reference under this section shall not in any way affect the trial in relation to which the reference is made or any acquittal in that trial. (26) Costs

Solicitor to make out and deliver bill.

451. Whenever any solicitor of the Supreme Court has been No.6103s.451. employed in the defence of any person tried or committed for trial ;;'J.:z,G before the said court, he shall before appropriating any sum to the S. 140(2). payment or settlement of his costs and charges make out and deliver to the party by whom he has been retained to conduct such defence a bill 1958 Crimes No. 623 1

such question should not be reserved for the opinion of the Full Court, and the Full Court may make the same absolute or discharge it with or without costs as it thinks proper.

Court to state case upon being served with order absolute.

450. The Court upon being served with any such rule or order No.6103s.450. absolute shall reserve such question of law accordingly for the opinion E;',:!:'- of the Full Court; and thereupon the procedure defined by sections four S. 10.11011986 hundred and forty-six four hundred and forty-seven and four hundred 140'2'. and forty-eight shall with any necessary modifications become applicable as if that Court had consented to reserve such question of law.

Director of Public Prosecutions may refer point of law to Full Court. 450~.(1) Where a person tried on an indictment or presentment ~i~~\2",~2~ has been acquitted (whether in respect of the whole or part of the indictment or presentment) the Director of Public Prosecutions may, by NOS.9576 if he desires the opinion of the Full Court on a point of law which has ::iLj:l. '8413 arisen in the case, refer the point of law to the Full Court, and the Full Court shall, in accordance with this section, consider the point of law and give its opinion on it.

(2) For the purpose of its consideration of a point referred to it under this section the Full Court shall hear argument- (a) by the Director of Public Prosecutions or by counsel on his :$ by No, behalt and 9848 S. 18(1). (b) where the acquitted person desires to present any argument before the court, by counsel on his behalf or, with the leave of the court, by the acquitted person himself. (3) Where on a point of law referred to the Full Court under this section an acquitted person appears in person or by counsel on his behalf pursuant to paragraph (b) of sub-section (2), he shall be entitled to reasonable costs as settled by the Taxing Master. (4) A reference under this section shall not in any way affect the trial in relation to which the reference is made or any acquittal in that trial. (26) Costs

Solicitor to make out and deliver bill.

451. Whenever any solicitor of the Supreme Court has been N0.6103s.45~. employed in the defence of any person tried or committed for trial before the said court, he shall before appropriating any sum to the s.la(2). payment or settlement of his costs and charges make out and deliver to the party by whom he has been retained to conduct such defence a bill Crimes No. 6231

of costs containing full and particular items of the moneys laid out and business charged for therein and of all sums of money received held or appropriated by him or any person for his use on account thereofl,and shall at the same time make out and deliver to one of the associate clerks of some judge of the said court a copy of the said bill of costs together with an affidavit annexed verifying the payment of all sums and fees paid to counsel and others and all actual expenditure charged therein; and the said copy of such bill of costs shall after delivery to the said clerk be taxed in such manner as the said court directs; and after such taxation the said court shall make such order or orders in relation thereto as to it seems fit.

Court may summon solicitor etc.

No. 6103 S. 452. 452. For the purpose of making any inquiries which may be S. 452 amended by No. 1 1011 986 necessary to give due effect to the provisions of the last preceding S. 140 (2). section, the said court may summon or call before it in a summary way any solicitor who has been employed in such defence as aforesaid, and by examination of him on oath or otherwise may ascertain the truth of any matters touching or relating to any bill of costs and charges which has been or ought to have been delivered under the foregoing provisions in respect of such defence; and the said court may also order the attendance before it of any person or persons whose testimony may be conducive to the discovery of the truth relating thereto, and to examine them on oath or otherwise in regard to such matters; and after hearing the said solicitor and such person or persons as may be interested therein, the said court may make such order as to it seems meet. No solicitor shall be struck off the rolls of the said court for misconduct in regard to any of the said matters until he has been previously called upon to show cause before the said court why he should not be so struck OK

Scale of charges.

N0.6103~.453. 453. The court may establish a scale of fees and charges for the S. 453 amended ,, ,,, ,,ollg86 conduct of business in the criminal jurisdiction of such court; and the S. 140(2). Taxing Master of the Court shall subject to any direction given by the court tax and allow all bills of costs according to such scale as far as the same applies; and for all business not comprehended within the said scale the like fees and charges shall be allowed as are sanctioned by the court for the conduct of the civil business of the said court. (27) Court Fees Not Payable by Defendants

Court fees not payable by defendants.

~0.6103~.454. 454. It shall not be lawful to receive any court fees for the issuing of process on behalf of a person charged with an indictable offence in (1). any court or before any justice; nor to receive a fee from any such person for taking a recognisance of bail or issuing any writ or recording 1958 Crimes No. 623 1

any ap-ance or plea to any indictment or presentment tent or discharging any raisance. (28) No Certiorari. Warrants Not Voidfor DefilDefects

Presetnts not to be removed by certiorari.

>. 6103 S. 455. 455 amended No. 7705 (89/J) 58/6231116231 pp. 144 - 145 10. S. 454. IXI!IJI!R s.Schedule ltem 42.46) of 1989 No. 57. 'I'o be amJ but the amending provision is not yet in force. rce. Omit the s "or belore any ~ust~ce". S. 456 1). RI?PI~~s. SC~C~UIC ~tem 16.0) of 1989 NO. 19. '1.0 bc an14 bu: amending provision is not yet in force. rce. 0m1t the 1 "act~on (where i~rstoccurrin ) and substitute:- I::- civil procecJngm. S. 456 1). REPI!I( S. Schedule Item 16.9) of 1989 No. 19. To be amh but the amending provision is not yet in force. rce. Omit the 1 "act~on"(wh:re secondly occurring) and substitutttitute:- the civil procacding was'. S. 459 1). RE PI:^ s. ~chedu~eItern 16'9) of 1989 NO 19. TO be am6 but the amending provilion is not yet in force. ace. Omit the Is "sum is aid Into court and substrtute:- &r of compromise is made'. S 456 1). RklJlih S. Schedule ltem 16.9) of 1.989 No. 19. To be am6 but th: amendin provlslon IS not yet in force. me. Omtt the l "action (whey: thrdly occurring) and substit utc: iutc:- the civil procccdlng". S. 456 2). Rerlli6 S Schedule Itcm 16.10) of 1989 NO. 19. TO be am6 but the amending provision is not yet in force. Irce. Omit the 1s "beconies nonsuit or". S. 4,S$2). RE1 . S Schedule Item 16.10) of 1989 No. 19. TO be am6 but the amending provision is not yet in force. Irce. Omit the is "his action a>d substitute:- the civil proceeding". S 458 1). d1!riii6 s~chedu~eItem 42.47) of 1989 NO. 57. To be arrd but the amending provision is not yet in forcc.~~~rcc. Omit the is "a ustrcc" and substitute:- ia bail juglice or the Magistrates* Court'. *.

Persornd committing offences may be arrested without hout warrant by any pa.

451) Any person, whether a member of the p~lice~~liceforce or not, ;U;:;tUted by may ay time without warrant apprehend and take beli before a justice NO. 8247 2 to be < with according to law or deliver to a member rber of the police force t so taken, any person- 1958 Crimes No. 623 1

any appearance or plea to any indictment or presentment or discharging any recognisance. (28) No Certiorari. Warrants Not Void for Defects

Presentments not to be removed by certiorari.

455. (1) No presentment or indictment in the County Court shall No 6103s 455 S 455 amended be removed by writ of certiorari into the Supreme Court. by No 7705 S 10 (2) No summary conviction under this Act and no adjudication made on appeal therefrom to the County Court shall be quashed for want of form, or be removed by certiorari into the Supreme Court; and no warrant of commitment shall be held void by reason of any defect therein, provided it is therein alleged that the party has been convicted and there is a good and valid conviction to sustain the same. (29)Actions

Provisions as to action against persons acting in pursuance of Act.

456. (l) No plaintiff shall recover in any action against any person NO 6103s 456 or anything done in pursuance of this Act if a tender of sufficient amends was made before action brought or if a sufficient sum is paid into court on behalf of the defendant after action is brought. (2) If a verdict passes for the defendant or the plaintiff becomes nonsuit or discontinues his action after issue joined, or if judgment is given against the plaintiff, the defendant shall recover costs as between solicitor and client.

I (30) Apprehension of Oflenders

No person to be arrested without warrant except under this Act, etc.

457. After the commencement of the Crimes (Powers ofArrest) Act :";:ltutedby 1972 no person shall be arrested without warrant except pursuant to NO 8247 2 the provisions of- 1 1 (a) this Act; or (h) some other Act expressly giving power to arrest without warrant.

Person found committing offences may be arrested without warrant by any person.

458. (1) Any person, whether a member of the police force or not, s";:;tu,edby may at any time without warrant apprehend and take before a justice NO 8247 2 to be dealt with according to law or deliver to a member of the police force to be so taken, any person- 1 46 1958 Crimes No. 6231

(a) he finds committing any offence (whether an indictable offence or an offence punishable on summary conviction) where he believes on reasonable grounds that the apprehension of the person is necessary for any one or more of the following reasons, namely- (i) to ensure the appearance of the offender before a court of competent jurisdiction; (ii) to preserve public order; (iii) to prevent the continuation or repetition of the offence or the commission of a further offence; or (iv) for the safety or welfare of members of the public or of the &ender; (6) when instructed so to do by any member of the police force having power under this Act to apprehend that person; or 47(~) he believes on reasonable grounds is escaping from legal custody or avoiding apprehension by some person having authority to apprehend that person in the circumstances of the case. (2) For the purposes of paragraph (a) in subsection (1) "offence" means offence at common law or a contravention of or failure to comply with a provision of an Act of Parliament and unless otherwise by Act of Parliament expressly provided does not include a contravention of or failure to comply with a rule regulation by-law or other law made under an Act of Parliament.

Ss. (3)ame~* (3) A person who has been apprehended without warrant pursuant by No. 9008 S. 2 (1). to the provisions of paragraph (a) in subsection (l) in respect of any offence punishable on summary conviction (not being an indictable offence punishable summarily) and taken into custody shall be held in the custody of the person apprehending him only so long as any reason referred to in the said paragraph for his apprehension continues and where, before that person is charged with an offence, it appears to the person arresting that person that the reason no longer continues the person arresting that other person shall, without any further or other authority than this sub-section, release that person fiom custody without bail or cause him to be so released and whether or not a summons has been issued against him with respect to the offence alleged.

Powers of member of police force to apprehend offenders.

S. 459 459. In addition to exercising any of the powers conferred by section substituted by No. 8247s 2. 458 or by or under any other Act a member of the police force may at any time without warrant apprehend any person- (a) he believes on reasonable grounds has committed an indictable offence in Victoria (including any indictable offence which may be heard or determined summarily); or 1958 Crimes No. 6231

(6) he believes on reasonable grcs has committed an offence elsewhere which if commi in Victoria would be an indictable offence against thv of Victoria (including any indictable offence which r be heard or determined summarily).

Entry and search of premises. 459~.(1) A member of the police e may, for the purpose of ;i$;091$;;;,"y arresting under section 458 or 459 or other enactment a person (a). whom he- (a) believes on reasonable grour- (i) to have committed in toria a serious indictable offence;

'::l4.. h,,,'3 ,.r\*,,, jttPd Iran,.n...l...-- --1--- * ' ' -

S. 458 1 c). AMI!N\>ih) {as from 1/3/88) by S. 6 of 19;o. 117. Insert ffter custody" the words:- or aiding or abetting another personcscape from legal custody". S. 460. RE?PI!AI,T!D (as from 15/3/89) by S. 4 of 1No. 37.

PLEASE NOTI!: S. 3 (Schedule Item 42.48 09 No. 57 endeavours to amend r.460. S. 460 was repealed (as lrom 15)3ihy S. 4 of 1988 No. 37.

Person arrested to be brought before jus

460. (1) Every person taken into cdy for an offence (whether S. 460 substituted by committed in Victoria or elsewhere) she brought before a justice, No. 8247 S. 2. amended by Nos. an authorized officer or a magistrates' covithin the prescribed period 8410 S. 4.9008 unless he is sooner released whether on or otherwise. S. 2(1). substituted by No. 10076 S. 4 (l)." (2) Notwithstanding any rule of lar practice to the contrary evidence of or in relation to- (a) any voluntary statement may a person in custody; and (b) any inquiries or investigatiotmed out with the consent of a person in custody- within the prescribed period or withinr further time that he has been remanded in the custody of a pobfficer shall not by reason only of the fact that that person was in cdy be inadmissible. (3) A police officer may from timeime within the prescribed period or within any further period tha~rsonhas been remanded in the custody of a police officer apply t authorized officer for the 1958 Crimes No. 6231

(6) he believes on reasonable grounds has committed an offence elsewhere which if committed in Victoria would be an indictable offence against the law of Victoria (including any indictable offence which may be heard or determined summarily).

Entry and search of premises. 459~.(1) A member of the police force may, for the purpose of gi*,y\S;,?y arresting under section 458 or 459 or any other enactment a person (a,. whom he- (a) believes on reasonable grounds- (i) to have committed in Victoria a serious indictable offence; (ii) to have committed an offence elsewhere which if committed in Victoria would be a serious indictable offence; or (iii) to be escaping from legal custody; or (6) finds committing a serious indictable offence- enter and search any place where the member of the police force on reasonable grounds believes him to be. (2) In order to enter a place pursuant to sub-section (l), a member of the police force may, if it is necessary to do so, use reasonable force. (3) In this section "serious indictable offence" has the same meaning as it has in section 325.

Person arrested to be brought before justice.

460. (1) Every person taken into custody for an offence (whether S. 460 substituted by committed in Victoria or elsewhere) shall be brought before a justice, No. 8247 S. 2. amended by Nos. an authorized officer or a magistrates' court within the prescribed period 841 0 S. 4.9008 unless he is sooner released whether on bail or otherwise. S. 2 (l). substituted by No. 10076 s. 4 (l).- (2) Notwithstanding any rule of law or practice to the contrary evidence of or in relation to- (a) any voluntary statement made by a person in custody; and (b) any inquiries or investigations camed out with the consent of a person in custody- within the prescribed period or within any further time that he has been remanded in the custody of a police officer shall not by reason only of the fact that that person was in custody be inadmissible.

(3) A police officer may from time to time within the prescribed period or within any further period that a person has been remanded in the custody of a police officer apply to an authorized officer for the Crimes No. 623 1

person who is in custody to be remanded into his custody or into the custody of a nominated police officer for the purpose of enabling that person to be questioned or to take part in any other inquiries or investigations relating to a criminal offence. Ss (4)amended (4) Where a member of the police force believes on reasonable by No 1611986 S 30 grounds that any person who has been remanded in custody to a prison or who is serving a sentence of imprisonment in a prison has committed an indictable offence in Victoria or has committed an offence outside Victoria which if committed in Victoria would be an indictable offence against the law of Victoria he may apply to a magistrate for such first-mentioned person to be remanded into his custody or into the custody of a nominated police officer. (5) An officer in charge of a prison shall on delivery to him of an office copy of an order under this section remanding a person to the custody of a police officer cause the person named in the order to be delivered to the custody of the police officer named in the order and where a person is in the custody of a police officer pursuant to the provisions of this section the person shall be deemed to be in the legal custody of the police officer and such police officer shall in due course return such person into the custody from which he was brought or otherwise deal with him in accordance with the order. (6) An application under this section- (a) shall be made by a police officer of or above the rank of sergeant or by a police officer who has been authorized in that behalf by the Chief Commissioner; (b) shall be made at a place appointed for the holding of a Magstrates' Court. (7) No order shall be made under this section without the consent of the person against whom the order is sought. (8) No application shall be made under sub-section (4) unless reasonable notice of the nature and grounds of the application has been served upon the prisoner. (9) The authorized officer may order that no reports of the proceeding on any application under this section shall be published. (10) An application under this section may be granted for such term not exceeding six hours and subject to such conditions as the authorized officer thinks fit. (l l) If no information is laid against the person arrested the justice an authorized officer or a Magistrates' Court may discharge him out of custody but the discharge shall not affect any proceedings which may subsequently be taken in respect of the offence. (12) The justice authorized officer or court may make such order as the justice officer or court appears necessary for the preservation or safe keeping of any property brought with the person arrested. 1958 Crimes No. 6231 149

( 13) For the purposes of this section- SS. (13)amended by No. 16/1986 "Authorized officer" means a magistrate or a clerk of a s.30 Magistrates' Court who has &en appointed to be an authorized officer for the purposes of this section. "Prescribed period" means the period of six hours immediately after the person has been taken into custody.

Arrest on reasonable grounds not to be taken to be unlawful.

461. (1) Where an apprehension is made under a belief on EyE;;yded reasonable grounds in accordance with the provisions of section 458 or 11,subst~tuted section 459 the apprehension shall not cease to be lawful or be taken to byN0 8247s be unlawful where it subsequently appears or is found that the person apprehended did not commit the offence alleged.

(2) A member of the police force shall not be bound to take into p,,,-t,-,A., *,. +A 4-1,- L-r- -- . -

(89/J) 5816231 pp. 148 - 149 S. 460. REP I!AL.I!I) (as from 15/3/89). by. s.4 of 1988 No. 37 ed by PI,I!ASI! NO'I'I?: s. 3 Schedule Items 42.49 - 42.53 of 1989 No. 57 endeavour 'S 2 to anlend s.160. S. 466 was repealed (as from 15/3/)89) by S. 4 of 1988 No. 37. S 461 2). dr!r:I!i S. 3 (Schedule Item 42.54) of 1989 No. 57. To be anlended !ut. the apending provision is not yet in force. Omit the words a lustice and substitute:- a bail justice or the Magistrates' Court'. S. 463A(1). WI!IJI!R S. 3 (Schedule Item 42.55) of 1989 No. 57. .10. be amended kut the amending provision is not yet in force. Omit the words a !ustice of the l eace" and substitute:- a bail justice or the Magistrates' Court'.

to ettect or assist 111 FIILL~IIIL~tllL laWl~l41 I G~L UI a YLrau.. - or suspected of committing any offence. * * * * * * * S 463 repealed by No 8247 s 2 Arrest of offenders on board aircraft.

463~.(1) The person in command of an aircraft may, on board EyT603:;;;f7; the aircraft, with such assistance as is necessary, arrest without warrant (,) a person whom he finds committing, or reasonably suspects of having committed, or of having attempted to commit, an offence on or in relation to or affecting the use of an aircraft and that person in command or a person authorized by him may hold the person so arrested in custody until he can be brought before a Justice of the Peace or other proper authority to be dealt with in accordance with law. Crimes No. 623 1

(1 3) For the purposes of this section- SS. (13)amended by No. 16/1986 "Authorized officer" means a magistrate or a clerk of a 30 Magistrates' Court who has been appointed to be an authorized officer for the purposes of this section. "Prescribed period" means the period of six hours immediately after the person has been taken into custody.

Arrest on reasonable grounds not to be taken to be unlawful.

461. (1) Where an apprehension is made under a belief on EYE ;;;;ded reasonable grounds in accordance with the provisions of section 458 or 1 I, subst~tuted section 459 the apprehension shall not cease to be lawful or be taken to by 8247 be unlawful where it subsequently appears or is found that the person apprehended did not commit the offence alleged.

(2) A member of the police force shall not be bound to take into custody or to take before a justice any person found committing an offence if such member believes on reasonable grounds that proceedings can effectively be brought against that person by way of summons.

Definition of "fiads committing".

462. In this Act the expression "finds committing" and any derivative thereof extends to the case of a person found doing any act NO. 8247s 2 or so behaving or conducting himself or in such circumstances that the person finding him believes on reasonable grounds that the person so found is guilty of an offence.

Use of force to prevent the commission of an indictable offence.

462~.A person may use such force not disproportionate to the EyE021\pr;;r; objective as he believes on reasonable grounds to be necessary to prevent (b, the commission, continuance or completion of an indictable offence or to effect or assist in effecting the lawful arrest of a person committing or suspected of committing any offence. * * * * * * * S 463 repealed by No 8247 s 2 Arrest of offenders on board aircraft.

463~.( 1 ) The person in command of an aircraft may. on board EyT:i\l;;;T; the aircraft, with such assistance as is necessary, arrest without warrant (,, a person whom he finds committing, or reasonably suspects of having committed, or of having attempted to commit, an offence on or in relation to or affecting the use of an aircraft and that person in command or a person authorized by him may hold the person so arrested in custody until he can be brought before a Justice of the Peace or other proper authority to be dealt with in accordance with law. 150 1958 Crimes No. 6231

(2) The person in command of an aircraft may, where he considers it necessary so to do in order to prevent an offence on or in relation to or affecting the use of an aircraft or to avoid danger to the safety of the aircraft or of persons on board the aircraft, with such assistance as he thinks necessary- (a) place a person who is on board the aircraft under restraint or in custody; and (6) if the aircraft is not in the course of a flight-remove a person from the aircraft.

Prevention of suicide. s.463BlnsertM 463~.Every person is justified in using such force as may reasonably by No.7546 S.3. be necessary to prevent the commission of suicide or of any act which he believes on reasonable grounds would, if committed, amount to suicide. (31) Search Warrantsfor and Seizure of Things S. 464 repealed * * * * * * * by No. 8425 s. 2 (1 (h). Issue of search warrant by justice.

No.61*~.465. 465. (1) Any magistrate or justice who is satisfied by information Ss. (l)amended ,,. ,,. ,,, upon oath laid by any member of the police force of or above the rank S. 7.8179 s.4. of senior sergeant that there is reasonable ground for believing that 1611986 S. 30. there is in any building, receptacle or place- (a) anything upon or in respect of which any indictable offence has been or is suspected to have been committed; or (b) anything which there is reasonable ground to believe will afford evidence as to the commission of any such offence; or (c) anything which there is reasonable groupd to believe is intended to be used for the purpose of committing any indictable offence against the person for which the offender may be arrested without warrant- may at any time issue a warrant under his hand authorizing some member of the police force or other person named therein to search such building receptacle or place for any such thing and to seize and carry it before the magistrate or justice issuing the warrant or some other justice to be by him dealt with according to law.

Ss.(2)amem (2) Subject to this section the rules to be observed with regard to by No. 9427 S. 6 (1). warrants to search mentioned in the Magistrates (Summary Proceedings) Act 1975 shall extend and apply to warrants under this section. .. . r. *(HY/J) 5816231 pp. 150 - 151 (1)

.;G.,-jl) 1/01 ~hcI'U~P'XS of th~sSuhtl~v~slon a Prwn is in custody if hc a shc IS- un~lcrlawful arrcsl by warrant; or un~lcrlawful arrcst urltlcr scctlim 458 or 450 or a provision of

oflenccs,. 11 al practitioner' mcanr a pcrson who is cnrdlcd as a barrister and diritor thc SU~~C~CCourt. 'Police gaol' has thc samc meaning as in thc Correclions Acl 1986. 'prison' has thc samc mcanlng as in the Corrections Act 1986 but includes a youth train~yccntrc cstahl~shcdundcr section 92 of the Community Welfare Senlices ct 1970. *,rape-recording' tncludcs audio recording and vidco recording. 4MA (l)1:vcry prx)n takcn into custody for an olfcncc (whcthcr lctona or cllscwhcrc) must bc- a rclcascd uncondtt~onally;or h] rclcascd on hall; or c) brought bcforc a juslrcc or a Magistrates' Cmurt- within a rcawnablc timc ol hcin takcn into custody. (2) II a pcrxln SUS~CC~C~Ravlng committed an oncncc is in custody for that offcncc, an invcsllgatlng ofliclal may, w~thinthc rcasonahlc timc rcfcrrcd to

Invcstlgatron; (c) 'l'hc numhcr of othcr pcoplc who nccd to be qucstioncd during thc pcrloj ol custody In rcspcct of thc oflcncc for which thc person is in custody; if') Any nccd tovisit thc placc rhcrc thc offcncc is hclicvcd~to avc hccn comm~ttcdor anv othcr placc reasonably conncctcd w~th thc ~nvcst~gationof thc oflcncc; (g Any t~mctakcn to communic.atc with a lcgal practitioncr,fricnd, rc/at~vc parent guard~anor ~ndcpcndcnt person; (h) ~n;tlmc ta&cn h a lcgal pract~tioner,intcr rclcr parent, guard~anor indcpcndcnt pcrson to arrive at tgc pia& whcrc ucst~oningor invcsti ation IS to takc place. 8) Any.t~mcdunn wft~ch thc qucstioning or :nvcstigation of thc prvn IS suspcnkd or dclaycd to allow thc pcrwn to rcccivc mcd~calattcntcon; (J) Anyt~mcdunn which thc ucstioning or invcstigation of the yrson IS suspcnakcd or dcla c\ to allow thc pcrwn to rcst; k) 'I'hc total pcriod of timc dYuring which thc pcrson has bccn in the company d an invcsttgating official bcforc and allcr the commcnccmcnt of custody; (I Any othcr mattcrs rcasonably conncctcd with thc invcstigation o? thc olfcncc.

brdcr. (5) On an ap lication undcr rub-uction (l), a Magistratcs' Court or children r court (as rhc case may bc may ~f thc pcrmn bcifig hcld consents, ordcr thc transfcr of the custody of tic pcrbn to thc ap l~cantfor thc urpow d questioning or invcstigation for a maximum period of timc spccihccfln thc ordcr and consented to by thc person. (6) If an ordcr is madc undcr sub-section (5) before any qucstioning or invcstigat~oncommcnccs an invcstigatin ollicial must inform thc pcrson in custody that hc or she doer not havc to say or $ anything but that anything thc person '(U'IIJ) 5816231 pp. 150 - 151 (2) ,

(9) At- (a) the end d the period, or any extended period, specified in an ordcr undcr sub-section (S) or (b) the cessation d qucstion~n or invcstigation- whichever is the carlicr thc ~nvcst~atlng ofictafmust deliver the person in custody to the place of dctchtion at wk~chthc pcrson was hcld at thc timc of the appliraticin for thc order. 4631:. (1) flcforc any ystioning or investigation under section 464A 2) commences. an invcstigating- - o ICI~Imust inlorm the person in custody that be or shc- (a) may mmmunicatc with or attempt to communicatc with a friend or relat~vc to inform that person d his or hcr whercabouts; and (h) may mmmunicatc with or attempt to communicate with a lcgal practttloner- and, unlcss thc ~nvcstigating-ficial bclicvcs on ,reasonable grounds that- (c) the communlcatlon would msult In the escape of an accomplice or the fabrication or dcstruction d cvidcncc; or (d) the qucstionin or invcstigation is so ur ent, having rcgard to the ufet otkr rop~e,that it shou~tfnot be delayed- the invcst~gatin olliclarmust dcfcr hc qucstionin and ~nvcstigationfor a timc that is rcasonaklc ~n thc ctrcumstanccs to cnablc tkc person to makc, or attempt to make the communlcatlon. (2) Subject to sub-section (l), if a person wishes to communicate with a friend, rclatlvc or legal practltloncr , the lnvcstlgaling official ~nwhose custody the person thcn IS- (a) must afford the person reasonable facilitics as won as practicable to cnahlc thc rson to do so; and (b) must allow tEperson's legal practitioner or a clerk of the lcgal practlttoncr to commun~catc wtlh thc pcrson in custody in circumstances in wh~chas far as practicablc thc communication will not be overheard. (3) l.hi~~~ciion~(exccptsub-section (l)) also a plies to any gcstioning or investigatlan In accordancc w~than ordcr madc unlcr scction 4 H(5). (4) I'his scct~ondoes not apply to qucstioning or invcstigat~onin connection with an offcncc undcr scctlon 49(l) d the Road Sa ety Act 1986. 464,) (l) If a person in custody das not havc a (nowledge of the English lrngurgc that IS sufictcnt to cnablc Ihc pcrson to undcrsland Ihc qucstioning, .an investi ating omcial must. hcforc any qucstioning or invcstigation under scct~on ~MA(Acommcnccs, arrange for thc prc~nccof a compctcnt ~ntcrrctcr and dcfcr the qucrt~oningor invest~gationunt~l the interpreter ir prcsenf). (2) ?'h16 sectlon also a pl~csto any qucst~on~ngor invcstigation in accordancc w~than ordcr ma& undcr wct~on46411/S). (3) 'I'his scct~ondoes not apply to qucstioning or tnvcstigation in conncction with an offcncc undcr section 49(l) d thc Road Safety Act 1986. 4641; (1 If a person in custody is undcr thc agc of 17 ycars, an investigating ofkclal must not, subject to sub-wction (2). quest~onor carry out an invcstigation undcr scction 464A(2) unlcss- (a) a parcnt or guard~anof the person in custody or, if a parcnt or guard~an1s not ava~lable,an indcpcndcnt person is present; and (b) before the commencement of any ucstioning or investigation, thc lnvcst~gatingolficial has allowcg thc pcrson in custody to communlcatc w~thhis or hcr parcnt or guard~anor thc indc person 1n c~rcumstanccs in which as far as pracllca~~d::d:~~ communlcat~on w~llnot be ovcrhcard. (2) Sub-scct~on(1) does not apply if the invcstigating official bclieves on rcasonablc grounds that- (a) the communication ncccssary to givc effect to sub-section ll)(a) would result ~n the cscapc of an accompl~ccor thc fabrtcat~onor dcstruction of ev~dcnccor c qucstlontn or i;lvcstigation is so ur cnt, having rcgard to t or otfcr pwple, that it shoYld not bc dclaycd. (3) This sectton also a pliu to any queslion~ng or investigation in accordance W:.;, .U order m& undcr rcct!on. 464Bl5). (4) This wtion dou noi apply to quutlonlng or ~nvertigrlionin mnneclion with an offence under section 49(1 d the Road Safely Act 1986. +MY.\I) M a pcmn in cu.)dy is not a c'ilizen or permanent risi&arb Australia, the investigating ofricial in whose cus:d)r the pcrwn thcn is must, bcfore any questionin or invcstigation undcr scct~on464A( ) commcnccs, inform ;he jxrscg .n c,,:&, *ha* hcor shc rnav communicalc yth pr attcmp! to carnrnunlcatc with tic :&'sular r.TTtcc of thc country of which cni p:-.?:::S B cqlircnand, unless thc invcst~gatingofficial bclicvcs on rcasonablc grounds that- (a) the communlcatlon would rcsult in the escape uf an accomplice or thc fabrication or dcstruction of cvidencc; or (h) the qucstioning or lnvcstigation is so ur cnt, having rcgard to Ihe sikt of other pcopIe, that il shouit not hc delaycd- the invc~tigalin officiqr XUSI dclcr thc qucstlon~ngor ~nvcstigalionfor a timc that is rcaronatlc in th~circuananccs to cnablc the person to make, or attcmpt to makc the communlcatlon. (i) Subjcct to sub-section (l), if a pcrson rcfcrrcd to in that sub-section wishes to communicate with the consular office of the country of which he or she I a c~lizen,the invcsligatinf fl~cialin whose custody thc rrran thcn is must afford the pcrson rcasonable ac~l~tlesas unn as pract~cablc a enablc thc person to do so. (3) This section das not apply to questioning or invcstigation in connection with an oflcnce under section 49 (l) d the Road Safet Act 1986. 4MO. Il a p~rson,is in custody in relation to an ind;ctablc offence, an investigating fl~ciawho IS required b rcctions 464A(3) 464C(1) and 464t2(1 to givc the person in custody certain inrormation must tab-record, if d that tnformat~on and the rron's responses if any Iheyv%II. (1) Subject to sub-section (gevidence of a cohkssion'or adminion made to an investigating omcial by a person who-

qucstioning, the confession or admibsion was ta substancc of the confession was confirmed by Iffc-Fbbdned~nod(k: confirmation was tape-recorded; or (d) if the conlcssion or admiss~onwas made during questioning at a place whcrc facilities were available to conduct an ~ntcrvicw,thc qucstioning and anything raid by the person questioned was tape- rccordcd; or (c) if the confession or admission was madc durin qucstioning at a plam where fatil~tkwere not arailablc to mnduc!?n interview, the qucstioning and anything raid b the person quest~oncdwas tape- recorded, or the substance of tie confession or admission was confirmed by the person questioned and the confirmation was tape- rccordcd- and the tape-rccord~ngis available to be tendered in evidencc. A court may admit evidence of a confession or admission otherwise inadmisEf!lc b y reason of sub-section (1) if the pcrson seeking to adduce thc evidencc satisfies the court on thc balance of probab~liticsthat the circumstances- arc cxcc Itonal. and {'D) just~fy tRc rc~~~ttonof the evidence. (3) 11 thc qucst~onin or confession or admission, or the confirmation of a confcnion or adm~ulon.c$ a person is recorded as required undcr this section or the kiv~ngof ~nformationis rccordcd as rcquircd undcr section 464G thc ~nvestrga~ng official must ~iveto the pcrwn or his or hcr legal "ractitloncr wclhout chargc- thc tape-rccordin or a copy of it within 7 days; and ~f a transcript of tfte tape-recording is prepared, a copy of the transcrlnt. (4) Noth~ngin' this scction prevents the use of a tape-recording in a procccd~niTor a summary offence. 4t 1 Nothing in scctions 464 to 46411 confcrs a power to detain against his or her will a pcrwn who is not undcr arrest. 464J. Nothing in sections 464 to 4MI aflects- (a) the nght of a person suspcctcd d having committed an offcncc to refur to answer questions or 10 parlic~~atein invcsti~ations except rhcic r:qui(co to do K) y or undcr an act or a

PI.I!ASl! NO'I'I! s.6 I)(2)and (3 d 1988 No. 37 which rcads as follows:- S.n(l): The {iolcrnor in lbuncil may by proclamalion published in the (hvernment Gazelle proclaim regions for thc purposes of this Act. S.6(2) The Ynncipal Act as amcndcd by scctrons 4 and S of this Act applies to- persons takcn into custody; or IaIh ocrsons aucstioncd: or f&icrsons in'rcspcct d whom an application is madc under section 3(1) to a court- in a proclaimed rcgion after the commenccmcnt of this Act. (3). , The Pnncioal Act aonlies to- perskns takcn';nto custody; or

of this Act as if

PI.l!ASR NOTf! Ss.9 and 10 of 1988 No. 38. which read as follows:- 9. 'i'his Act applies only with respect to fingerprints takcn aftcr thc comrncnccrncnt d thts sectlon. 10. Until scction 5 of thc Crimes (Custody and Investigation) Act 1988 comcs into operation, thc I'nncipal Act has cffcct as if aftcr section 4631j there wcrc insertcd- ' 3OA) 17ingcr rinting Powers' -k64.(I) I'or ttc purpvs of this Subdivision a person is in custody if hc or she is- undcr lawful arrest by warrant or [.D) undcr lawful arrest under sectio; 458 or 459 or a provision d fb) deemed b section l1 7) of the Corrections Act 1986 to be the custOd; d the dief CDmmissioner d Policc or (c) dctaincd In a youth training centre in the cuitod of the Dimtor-Cicral within the meaning of the Community kelfare Sepices Act 1970. 'Investigat~n ofliclal' mcans a member of the police force or a pcrson by or un%er an Act (other than a member or person who is en a cd ia covert investigations under the orders of a superior) whose functions or iufies iacludc,functions or.d.utics in respert d the prevention or investigation of offences. IL al practltloner' means a pcrson who is carolled as a barrister and dicitor d the Supreme Court. 'Police Gad' has the same meaning as in the Corrections Act 1986. 'Prison' has the same meaning as in the Corrections Act 1986 but

S. 46fl 2). ,,,,:A S. l1 of 1989 No. 25. hid6 To be amended but the amending rovision is not yet in force Insert in 11s appro rialc a~~habctlcayorder new definition as foilow>:- .'Authonu~Frson' means a person appointed as an authonwd person under sub-sect~on(3)'. S 464 2) 1i0~116 i.~(aof l988 NO 38. To be amended but the amending provision is not yet in forcc. lnxrt ncw dcf1n111onsas follows:- "Fingerprints' includes finger palm toc and sole prints. 'tie~din a prison, police gad or yduth trainink centre1 means- (a) deemed b section 4 of the Correctrons Act .l986 to be in the custody dthc IXrcctor-General w~th~nthe meaning of that Act; or (b) deemed b section l1 7) d the Corrections Act 1986 to be In the custod; d the dief Commissioner of Police. or (c) detained In a youth training centre in the cuitod of the Director-General within the meaning d the Comm~nityke~fare Services Act 1970'. S 464 2). dEPd S. 6 of 1988 No. 38 which amends S. 5 of 1988 No. 37. To be amcndcd but the amcnding rov~sion is not yet in force. Insert new definitions in the proposeg section 464(2) of the Crimes Act 1958 as lollows:;, Fingcrprints' includes finger palm, ta and role prints. 'IICI~ in a priron, police gad or youth trainink centre* mcans- (a) deemed b section 4 ol the Correctrons Act 1986 to be in the custody dthc Director-General within the meaning of that Act; or fb) dcemcd b section 11 7) d the Corrections Act 1986 to be In the rust4 of lac dicr ernrn~saonerof pdtce. or (c) dctrind ia 8 youlh traisina centre in the cuilod d the Dim--&- within trmeacting of trCommunity belfare *Icala Services Act 1970'.

C - 4M(2)- .. . . - 'lkld ip a prison.--police ad or outh training centre. (par. C.). ,*.fi.r;ns. Lsa (Xhcsiuie Z. ,rim 7 4 4 IO& M TO be amendcd but !he amending rovlslon IS not 0m1t I he ex pression Community dcifare Scrviccs 2:; li9"7@':'nd substit utc: - 'Children and Young Persons Act 1989'.

S 464 2) 'Prison' de~e6S. 286 (S;~C~UIC2 Item 7.4) O( ,l989 No. 56 To be amended but !he amcndln provls~on IS no1 $1 in force. Omit the cxprcsslon section 92 01 the Community clfarc Scrvices Act 1970' and substituie:- 'section 249 of the Children and Young Persons Act 1989" S. 464 2). REPCL S. 5 b) of 1988 No. 38. TO be amenhd but the amending provision is not yet in force. Insert new defin,ition as follows:- - mcans a pCrson of or above the age of 17 years who- is suspec ed d hann committed an offence; or has been charged wit% an offencc or has ben summonrcd to answer 16 an informationm. S. 464 2) REFI:~ ;. 6 b) of 1988 No. 38 which ?mend! S. 5 of lP88 No. 37. 1.0 be amenbcd b~tthe amend~ngprqvlston is not yet in ,force lnxrt new dcfin~t~onIn proposed sect~on464(2) of the Cr~mcs'~ct 1958 as follows: 5, Suspect' mans a pCmn of or above the age of 17 years who- a is suspec cd d havin committcd an offence; or b has bccn charged wit% an offence- or I cI has been summonrcd to answer 16 an information*. S. 464 2) 'Suspect' ara c. REFI;~S. 14 or 198NO. i?i To be amcndcd but the amejding provision, is not yet in force. Omit the words 'an ~nformat~on'a?d substctute:- a charre'." S 464 2) dEFd S. 5 c) of 1988 No. 38. TO be amenbcd but the amending provision is not yet in forcc. Insert new definlt~on as follows:- "Young pcrron' muas a child aged 10 yun or more but undcr 17 years'. S. 464 2) ncl/r;6 S. 6 c) of l988 No. 38, which a,qcnd! S. 5 of l?88 No. 37. TO be amcn6ed b~tthe amcndlng prqvlslon IS not yet in rorcc. Insert ncw dcfinlt~on In proposed scctlon 464(2) of the Crlmcs Act 1958 as foll~ws:- 'Young pcm' mans a child aged 10 yam or more but undcr 17 years'.

S 464 2). ~1~141~6s.110r1989~o.25.PmId 111)90 To be amended but the amending provision is not yet in force. Add new sub-section as follows:- '(3) The Minister administering the Police Regulation Act 1958 may appoint by notice published in the Gvernment Gazette a person or class of rrwns as a pcrson or persons authorised to take fingerprints in accordance with his Subdivis~on'. S. 464A(l)(c). HEIII!R S. 5 of 1989 No. 57. To be amended but the amendin provision is not yet in forcc. Omit the words "a justice or a &ag1strates1 Court" and substitulc:- a bail justim or the Magistrates' Court'. S. 464A(4)(a). REITR S. 5 of 1989 No. 57. To be amended but the amcndin provision is not yet in forcc. Omit the words "a justice or a 6ag1strates* Court" and substitute:- a bail justice or thc Magistrates' Court'.

-. .v .m* REPI!R';."5 of 1989 No. 57. To be amended but the amendin proyision is not yet in force. Omit the words "a Magistrat.esf &urt and rubstitutc:- the Magistrates' Court'. S. 464B(1). REFER S. 286 (Schedule 2 Item 7.5) of 1989 No. 56. To be amended but the amending provision is not yet in forcc. Omit the words "a children's .court and substitute:- tbe Childrco's Court'. S 4648(3) REPI!R S. '286 (Schedule 2 Item 7.6) or 1989 No. 56. To be amcndcd but the amcnd~njprovlslon IS not yet in forcc. Omit the words "children's cour! and substitute:- Childmn's Court'. '(8911) 5816231 pp. 150 - 151 (4)

c S. 4MH(5). n~:~:liHS. 286 (Schedule 2 ltcm 7.7) of 1989 No. 56. 1'0 bc arncndcd but. the amcnd~ngprovtslon ts not yct in force. Onlit thc words chlldrcn's coyrt and substitute:- the Childrcn's Cmrt'. S. 4(Clr3(5). R~!I:I!~ S. 5 of 1989 No. 57. To bc amended the amendin pro~isionis not yet in force. onllt the words i h~rpistrat~s~kourt and suhstltutc:- the Magistrates' C:ourt'. S. 464R(8). RI!I:liK S. 5 of 1989 No. 57. ~&bcamended but the amendin rovision is not yet in force. Omit the words A hfagirtratcs' &Artmand subst~tutc:- 'The Magistrates' Caurt'.

S. 4648(8). RI!I'l!H S. 286 (Schedule 2 Itcm 7.7) of 1989 No. 56. TO be amcndcd ?ut, the amending provision is not yet in force. Omtt the words ch~ldren'scoFrt and suhstitutc:- the Childrcn's Court'. S. 4643. REFI!H S. 4 of 1988 No. 38. To be amended but the amcnding provision is not yet in force. Insert !ew sub-sections as follows:- 464K. A mcmbcr of the police force may take the fingcrprints of a suspcct if-

transcript. (S) If informatron and a suspect's responses arc recorded in writing in accordance with this section, the member of the police force requesting the suspect's fin crprints must give or cause to be given o t he suspect a copy of the sitncd recori 464M. (1) If a suspect refuses to give his or her fin erprints after being rcquestcd to do so, a member of the pollcc force may a without notice to any other person to a Magistrate's Court for an order $recling the suspcct to givc his or her fingcrpnnts. (2) An a plicat~onundcr sub-section (l) must- (ay be in writing supported by cvidcncc on oath or by affidavit; -and .. - (h) if the suspcct is hcld in a prison, police gaol or youth training centre, state that fact.

(a) thcrc arc reasonable grounds to believe that the suspect in respcct of whom the ordcr IS sought has committed the offence whether indictable or summary for which he or she is in custody: has been chargcd or has been'summonsed. and (b) a fingerprint has bccn found at the scc;~e of the offcncc. on a "iitim 2 1fic offence or on an object used in or in conncction with the comnrirsion of the offcncc: and (c) there arc reasonable grounds' to believe that the taking of the sucpect's fiaprprints would tcnd to confirm or disprove the ,.. invdvcmcot d thc ruspct in !he commission of the offence.--- (S) The may mike an drder under cub-seclion (3) if satisfied that- (a) tbere are reawnable grounds to believe that the suspect in respect of whom the order rr mght hrr committed the offencc for whrch he or she is in custody, has becn charged or has becn summonccd; and b the offence is an indictablc oKence. and [c] there is reasonable doubt concerning ihcidentitu ut the sus and the taking of the suspect's fingcrpnnts would dispel E:: doubt.

and the court is satisfied as rcquircd by sub-section (4) or (S). (4) A chtldrcn'c court may makc an ordcr undcr sub-section (3) if satisfied that- fa) there are reasonable grounds to believe that the oung person In rcspcct d whom the or er IS sought has committed {he ind~ctablc ofrence for which he or she is in custody, has ben chargcd or has been summonscd~ and a fingerprint1 has been found at the scene,d the indictable $?ence, on a victim of the offence or on an object used in or in conncction with the commission ol the offence; and (c) there are reasonable grounds to bclieve that the taking of the young person's fingcrprints would tcnd to confirm or dlsprovc the tnvdvcment d the young pcrson in the commission d the ~ndictablc offence and (p) in 'all circumstances the making of the ordcr is justified. (S) A chrldren's court may makc an ordcr undcr sub-section (3) if satisfied that- fa) thcrc arc reasonable grounds to believe that the young ~n rrapcct d whom the ordcr is hough1 has mmmittcd the inc:gI: offcncc for which hc or shc 1s in custody, has bccn chargcd or has bccn summonscd. and (b) thcrc is rcasdnablc doubt concerning the identity of the youn YrsDn and the taktng d the young perronrs fingcrpnnts would dlspcf hat doubt; and (c) jn ?l! ihc ctrcuii.stances the making of the order is justified. (6) In cons~dcnngwhether the making of the ordcr is justified, the court must take Into account amongst other things- (a) the seriousness d the circumstances surrounding the commission d the indictablc offence; and (b) the alleged dcgry of partlci ation by the young person in the commission of the tndtctablc offence; and

(b), if the young person is hcld in prison, police goal or youth tra~ntng centre statc that fact. (9) Notice of an appli&tion undcr sub-scction (7) must be served on- (a) a parcnt or guardian of the young pcrson in respect of whom an order is sought; and (b) if the youna pcrson is not in custody within the meaning of ihis the youn -pirwn. 10) The rourt.may !upenu with the requirement of sub-section (9)(a) if satishod that tt IS ~mpract~cahlefor the applicant to com ly (11) With the leave of the court, a young persol may & ;eprcscntcd on an applrcatlon undcr this section by a parcnt or uard~anof the young person. 4640. il&i(g;rson act~ngtn accordance wit% an order made under section 464M(3) or may take all reasonable steps necessary to take the fingerpnntr. (2) The taking d fin erprints must be- witnessed 6 an independent person; or l;) video- recorkd. (3) 11 practicablc- a a person of the came sex as the person to be fingerprinted must iake the finger rints and {b) a member d !he Gict fora invdvcd in investigating the dencc tw whlch the fin crpnnts arc uird must not takc the finger rints. (4) After an order unBcr section !$M(3) or 464N(3) is execUteJ'- p) the ~ndependcnt~rson,~f any, who wltncrsrd the tak~ngof the In erprints must cn orsc on the ordcr his or her name and srgn the cn8orsemcnt; and (h) the person who took the fingcrprints must cndorsc on the ordcr the name of the Dcrwn. rf anv. who video-rccordcd the taking" of ~hcfingerprints; ;nd ' ,' (c) the person rho took the fingcrprints must ivc a copy of the ordcr o endorsed to the person fin er rintet (I) If a court makcs an order under section 46!~f3), a parcnt or guardian 01 the younp Erron or, if a parent or yardian is not avallablc, an independent person mus resent dunng the ta ~ngof the young person's fin erprints. (6) If a hfaLirtrates' Court makes an ordcr undcr sectton 46443) or a