An Act to regulate the Execution of Criminals. No. XLIV. [6^th June, 1855].

Preamble.

Whereas it is expedient to alter the practice relating to the execution of criminals: Be it therefore enacted by His Excellency the Lieutenant Governor of Victoria by any with the advice and consent of the Legislative Council thereof as follows:

Execution to be carried into effect within the walls of the Gaol.

1. From and after this Act coming into operation sentence of death passed on any person by the Supreme Court or any Circuit Court of the Colony of Victoria or by any Judge thereof shall be carried into execution by the Sheriff or Deputy Sheriff within the walls or within the enclosed yard of such Gaol as the Lieutenant Governor may be writing under his hand direct and not otherwise or elsewhere.

Sheriff, Officers of Gaol, &c. to witness Execution.

2. The Sheriff or Deputy Sheriff the Gaoler and such of the officers of the Gaol as the Sheriff or Deputy Sheriff may require including the Medical Officer in attendance in the occasion shall be present at every such execution together with any Justices of the Peace Ministers or Religion and Officers of Police who may desire to attend and such military guard and adult spectators as the said Sheriff of Deputy Sheriff may think fit to admit.

Medical Officer to sign Certificate and Witness to sign Declaration.

3. Each of the persons aforesaid who may attend or be present at any such execution shall continue and remain within the walls enclosed yard of the Gaol until the sentence shall have been carried into execution and completed according to law and until the Medical Officer shall have signed a certificate in the form set forth in Schedule to this Act annexed marked A. and the Sheriff or Deputy Sheriff Gaoler and officers of the Gaol and such other persons present as may think fit shall before their departure from the Gaol subscribe a declaration according to the form set forth in the said Schedule marked B.

Body not to be buried within eight hours and to be viewed.

4. The body of any person on whom the sentence of death shall have been carried into execution as aforesaid shall not be buried or removed from the Gaol where such execution is had within eight hours next after such execution and every person who shall within that time produce to the gaoler of such gaol an order from any Justice of the Peace of the said Colony requiring such gaoler to admit the bearer of such order to view the body of such person shall and may be admitted such gaoler accordingly.

Inquest to be held on the body of every person executed.

5. The coroner of the district in which any gaol may be situated wherein any sentence of death shall have been carried into execution upon the body of any person shall so soon after as conveniently may be hold an inquest upon the body of such person and the jurors of the jury on such inquest shall enquire and whether such sentence was duly carried into execution.

Penalty for making false Declaration.

6. Any person who shall subscribe subscribed any certificate or declaration as aforesaid knowing the same to be false or to contain any false statement or who shall bury or remove from such Gaol within the time aforesaid any such body as aforesaid shall be deemed guilty of felony and being thereof lawful convicted shall be liable to be kept at hard labour on the public works of the said Colony for any period not exceeding seven years or to be imprisoned with or without hard labour for any period not exceeding two years.

Certificate and Declaration to be recorded and published.

7. Every such certificate and declaration as aforesaid shall be forthwith transmitted by the Sheriff or Deputy Sheriff as aforesaid to the Prothonotary of the said Supreme Court in Melbourne and shall be entered and kept in his office as a record of the said Court and shall be published in the Government Gazette on three separate occasions.

A.

I, A.B., being the Medical Officer in attendance on the execution of C.D. at the Gaol of                                      do hereby certify and declare that l have this day witnessed the execution of the said C.D. at the said Gaol, and l further certify and declare that the said C.D. was in pursuance of the sentence of the                    Court hanged by the neck until his body was dead.

Given under my hand this                             day of                                    , in the year of Our Lord One thousand eight hundred and                                        , at the Gaol of                                  .

B.

We do hereby testify and declare that we have this day been present when the extreme penalty of the law was carried into execution on the body of C.D., convicted at the Criminal Session of the Supreme [or Circuit] Court held at                                 on the                                   day of                   ,and sentenced to death, and that the said C.D. was in pursuance of the said sentence hanged by the neck until his body was dead.

Dated this                            day of                                    , A.D. 18                , at the Gaol of

Sheriff or Deputy Sheriff.

Gaoler.

Turnkey.

Constables.

Justices of the Peace.

Other Spectators.

 

An Act to amend the Crimes Act 1890 and for other purposes. [23^rd December, 1891.] No. 1231.

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 I this present Parliament assembled and by the authority of the same as follows (that is to say):-

Short title and division. No 1079.

1. This Act may be cited as the Crimes Act 1891, and this Act and the Crimes Act 1890 may be cited together as the Crimes Acts.

This Act is divided into Parts as follows (that is to say):-

Part One – Offences against the Person.

Part Two – Suppression of Prostitution.

Part Three – Larceny, &c.

Part Four – Perjury.

Part Five – Punishment.

Part Six – Pleading and Procedure.

Part Seven – Indecent Prints, &c.

Repeal. First Schedule. “The Crimes Act 1890”

2. The Acts mentioned in the First Schedule to this Act to the extent to which the said Acts are in and by the said Schedule expressed to be repealed are hereby repealed.

PART ONE – OFFENCES AGAINST THE PERSON.

Part One. Incorporated with Division one of Part One of the Crimes Act 1890.

3. This Part of this Act shall be incorporated with and shall for all purposes be read and constructed as one with the Division of Part One of the Crimes Act 1890, and offences against this Part of this Act shall be deemed to be offences against Division one of Part One of the said Act.

Attempts to commit murder.

4. Whosoever shall attempt to commit murder shall be guilty of felony and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding fifteen years.

Abusing girl between ten and sixteen. “The Crimes Act 1890” s. 48. Attempt.

5. If any person unlawfully and carnally know any girl of or above the age of ten and under the age of sixteen years he shall be guilty of felony, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding ten years; but if such person be a schoolmaster or teacher, and such girl is his pupil, he shall be liable at the discretion of the court to be imprisoned for any term not exceeding fifteen years.

If any person attempt to have unlawful carnal knowledge of any girl of or above the age of ten and under the age of sixteen years, or assault any such girl with intent unlawfully and carnally to know her, he shall be guilty of a misdemeanour, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding three years; but if such person be a schoolmaster or teacher, and such girl his pupil, he shall be liable at the discretion of the court to be imprisoned for any term not exceeding five years.

Consent no defence where female under sixteen. “The Crimes Act 1890” s. 45.

6. It shall be no defence to any charge presentment indictment or information for unlawfully and carnally knowing, or for attempting of for assaulting with intent unlawfully and carnally to know, any girl under the age of sixteen years that such carnal knowledge or attempt to have carnal knowledge or assault with intent was or was made with the consent of such girls unless such girl be older than or of the same age as the defendant.

Limit of time when prosecution may be commenced.

7. No prosecution shall be commenced for an offence against a girl of or above twelve years of age under the last preceding section more than twelve months after the commission of the offence.

Abuse of female over then by father or ancestor. Attempt. Consent no defence.

8. If any person unlawfully and carnally know a woman or girl of or above the age of ten years and such woman or girl be to the knowledge of such person his daughter or other lineal descendant or his stepdaughter he shall be guilty of felony, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for life or for any term the court may think fit to direct.

• If any person attempt to have unlawful carnal knowledge of a woman or girl of or above the age of ten years, or assault any such woman or girl with intent unlawfully and carnally to know her, and such woman or girl be to the knowledge of such person his daughter or other lineal descendant or his step-daughter, he shall be guilty of felony, and being convicted thereof shall be liable at the discretion of the court be imprisoned for any term not exceeding ten years.
• It shall be no defence to any such charge presentment indictment or information that such carnal knowledge or attempt or assault with intent to have unlawful carnal knowledge was or was made with the consent of such woman or girl.

When female is an adult and consent. Sufficient evidence of woman or girl being daughter of person charged with offence. Knowledge of relationship to be presumed unless contrary is shown. Woman or girl acting under coercion excused.

9. If any woman or girl of or above the age of eighteen years consent to her father or other lineal ancestor or her step-father having carnal knowledge of her and permit him (knowing him to be her father or other lineal ancestor or her step-father as the case may be) so to do she shall be guilty of felony, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding five years.

• It shall be sufficient to prove in support of any charge presentment indictment or information for any offence against this or the last preceding section that the woman or girl on whose person or by whom the offence is alleged to have been committed is or is reputed to be the daughter or other lineal descendant or step-daughter of the person charged or with whom the offence is alleged to have been committed, and it shall not be necessary to prove that such woman or girl (or any person being her parent or ancestor or step-father and descendant of the person charged or with whom the offence is alleged to have been committed) was born in lawful wedlock.
• In all proceedings under this or the last preceding section knowledge on the part of the accused of the relationship or affinity existing between the woman or girl on whose person or by whom the offence is alleged to have been committed and the person charged or with whom the offence is alleged to have been committed shall unless or until evidence to the contrary be given be presumed to have existed at the time at which the offence is alleged to have been committed.
• In all proceedings against woman or girl for an offence against this section, it shall be a sufficient defence to prove that such woman or girl was at the time she consented to her father or other lineal ancestor or her step-father having carnal knowledge or her or permitted him so to do acting under his coercion.

On trial for rape, verdict of guilty with mitigating circumstances.

10. If on trial of any person charged with the offence of rape the jury are satisfied that the offence charged has been committed, but that there were circumstances connected with the commission of the crime which appear to mitigate the offence, the jury may return as their verdict that such person is guilty of the offence so charged with mitigating circumstances.

Abuse of female lunatic.

11. If any superintendent medical attendant officer nurse attendant or other person employed in any asylum (including an asylum for the criminal insane) hospital receiving house or licensed house or benevolent asylum or charitable institution; or

• If any person having the care or charge of any female being a patient within the meaning of the Lunacy Act 1890; or
• If any attendant of any female being a single lunatic within the meaning of the said Act;
• Carnally knows or attempts or assaults with intent to carnally know such female or any female under care or treatment as a lunatic in an asylum hospital receiving house or licensed house or benevolent asylum or charitable institution he shall be guilty of a misdemeanour, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding five years, and no consent or alleged consent of such female thereto shall be any defence to a prosecution for such offence.
• No person shall be convicted of an offence against this section upon the evidence of one of the witness only unless such witness ne corroborated in some material particular by evidence implicating the accused.

Indecent assault. Consent no defence. Second offence. Compare. “The Crimes Act 1890” s. 48.

12. If any person unlawfully and indecently assault any woman or girl he shall be guilty of a misdemeanour, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding three years.

• It shall be no defence to any charge presentment indictment or information for an indecent assault on a girl under the age of sixteen years that such assault was made with the consent of such girl.
• Whosoever having been convicted of such misdemeanour as in this section or section forty-eight of the Crimes Act 1890 mentioned shall afterwards commit such misdemeanour as in this section mentioned shall be guilty of felony, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding ten years.

Assault occasioning actual bodily harm. Common Assault.

13. Whosoever shall be convicted upon presentment or indictment of any assault occasioning actual bodily harm shall be guilty of a misdemeanour, and shall be liable at the discretion of the court to be imprisoned for any term not exceeding five years; and whosoever shall be convicted upon presentment or indictment for a common assault shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years.

PART TWO – SUPPRESSION OF PROSTITUTION.

Procuration. “The Crimes Act 1890” s. 44.

14. Any person who;

• Procures or attempts to procure any woman or girl under twenty-one years of age not being a common prostitute or of known immoral character to have unlawful carnal connexion either within or without Victoria with any other person or persons; or
• Procures or attempts to procure any woman or girl to become either within or without Victoria a common prostitute; or
• Procures or attempts to procure any woman or girl to leave Victoria with intent that she may become an inmate of a brothel elsewhere; or
• Procures or attempts to procure any woman or girl to leave her place of abode in Victoria, such place not being a brothel, with intent that she may become an inmate of a brothel within or without Victoria;

Shall be guilty of a misdemeanour, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years.

• No person shall be convicted of any offence under this section upon the evidence of one witness only unless such witness be corroborated in some material particular by evidence implicating the accused.

Procuring defilement of women by threats or fraud or administering drugs.

15. Any person who;

• By threats or intimidation procures or attempts to procure any woman or girl to have unlawful carnal connexion either within or without Victoria; or
• By false pretences or false representations procures or attempts to procure any woman or girl not being a common prostitute or of known immoral character to have any unlawful carnal connexion either within or without Victoria;

Shall be guilty of a misdemeanour and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years.

• Any person who applies administers to or causes to be taken by any woman or girl any drug matter or thing with intent to stupefy or overpower so as thereby to enable any person to have unlawful carnal connexion with such woman or girl shall be guilty of a misdemeanour, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding ten years.
• No person shall be convicted of an offence under this section upon the evidence of one witness only unless such witness be corroborated in some material particular by evidence implicating the accused.

Householder &c. permitting defilement of girl on his premises.

16. Any person who being the owner or occupier of any premises or having or acting or assisting in the management or control thereof induces or knowingly suffers any girl of such age as is in this section mentioned to resort to or be in or upon such premises for the purpose of being unlawfully and carnally known by any man whether such carnal knowledge is intended to be with any particular man or generally;

• Shall if such girl is under the age of thirteen years be guilty of felony, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding ten years; and
• If such girl is of or above the age of thirteen and under the age of sixteen years, shall be guilty of a misdemeanour, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years.

Abduction of girl under eighteen with intent to have carnal knowledge. “The Crimes Act 1890” s. 51.

17. Any person who;

• With intent that any girl or woman under the age of eighteen years should be unlawfully and carnally known by any man whether such carnal knowledge is intended to be with any particular man or generally;
• Takes or causes to be taken such girl or woman out of the possession and against the will of her father or mother or any other person whomsoever having the lawful care or charge of her;

Shall be guilty of a misdemeanour, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years.

Unlawful detention with intent to have carnal knowledge.

18. Any person who detains any woman or girl against her will;

• In or upon any premises with intent that she may be unlawfully and carnally known by any man whether any particular man or generally; or
• In any brothel;

Shall be guilty of a misdemeanour, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years.

What constitutes unlawful detention.

19. When a woman or girl is in or upon any premises for the purpose of having an unlawful carnal connexion or is in any brothel, a person shall be deemed to detain such woman or girl in or upon such premises or in such brothel if with intent to compel or induce her to remain in or upon such premises or in such brothel such person withholds from such woman or girl any wearing apparel or other property belonging to her, or where wearing apparel has been lent or otherwise supplied to such woman or girl by or by the direction of such person such person threatens such woman or girl with legal proceedings if she takes away with her the wearing apparel so lent or supplied.

• No legal proceeding whether civil or criminal shall be taken against any such woman or girl for taking away or being found in possession of any such wearing apparel as was necessary to enable her to leave such premises or brothel.

Power of search when it is supposed female is detained for immoral purposes. Powers conferred by search warrant. Execution of search warrant

20. If it appear to any justice, on information made before him on oath by any parent relative or guardian of any woman or girl or by any other person whomsoever who in the opinion of such justice is bona fide acting in the interest of any woman or girl, that there is reasonable cause to suspect that such woman or girl is unlawfully detained for immoral purposes by any person in any place within the jurisdiction of such justice, such justice may issue a warrant authorizing any person named therein to search for and when found to take to and detain in a place of safety such woman or girl until she can be brought before a justice.

• The justice before whom such woman or girl is brought may cause her to be delivered up to her parent or guardian or otherwise dealt with as circumstances may permit and require.
• The justice at the time of or after issuing such warrant may issue another warrant for the warrant for the arrest of any person accused of so unlawfully detaining such woman or girl and may order proceedings to be taken for punishing such person according to law.
• A woman or girl shall be deemed to be unlawfully detained for an immoral purpose if she is so detained for the purpose of being unlawfully and carnally known by any man whether any particular man or generally, and;
  1. Either is under the age of sixteen years; or
  2. If of or above the age of sixteen years and under the age of eighteen years is so detained against her will or against the will of her father or mother or of any other person having the lawful care or charge of her; or
  3. If of or above the age of eighteen years is so detained against her will.
• Any person authorized by warrant under this section to search for any woman or girl so detained as aforesaid may enter (if need be, by force) any house building or other place specified in such warrant, and may remove such woman or girl therefrom.
• Every warrant issued under this section shall be addressed to and executed by some senior constable sergeant or other officer of police of higher rank, who shall be accompanied by the parent relative or guardian or other person making the information if such person so desire unless the justice shall otherwise direct.

Custody of girls under sixteen where attempt has been at defilement with connivance of parents or guardians.

21. Where on the trial of any offence under the provisions of this Act it is proved to the satisfaction of the court that the seduction or prostitution of a girl under the age of sixteen has been caused encouraged favoured or knowingly permitted by her father mother step-father step-mother guardian master or mistress, it shall be in the power of the court to divest such father mother step-father step-mother guardian master or mistress of all authority over her and to appoint the Secretary of the Department of Neglected Children or any person or persons willing to take charge of such girl to be her guardian until she has attained the age of twenty-one years or any age below that the court may direct, and the Supreme Court or any Judge thereof shall have from time to time the power to rescind or vary such order by the appointment of any other person or persons as such guardian or in any other respect.

PART THREE – LARCENY, ETC.

Part three incorporated with Division Two of Part One of “The Crimes Act 1890”

22. This Part of this Act shall be incorporated with and shall for all purposes by read and construed as one with Division two of Part One of the Crimes Act 1890.

Stealing or damaging books etc. in a public library. Term “public library.”

23. Whosoever shall steal or remove secrete or damage with intent to steal any book print manuscript or other article or any part thereof, kept for the purposes of reference or exhibition or of art science or literature in any public library or any building belonging to the Crown or to any university or college affiliated to any university or any municipality, shall on conviction before any two justices be liable to be imprisoned for any term not exceeding twelve months and to pay a sum equal to four times the value of such article so stolen removed secreted or damaged.

• Every collection of books prints manuscripts or similar articles kept in any school or arts or mechanics’ institute or in any building or room occupied habitually used by the members of any association or municipality as a reading room or library shall be deemed a public library within the meaning of this section.

PART FOUR – PERJURY.

Part four incorporated with Division six of Part One of “the Crimes Act 1890.”

24. This Part of this Act shall be incorporated with and shall for all purposes be read and construed as one with Division six or Part One of the Crimes Act 1890.

Perjury.

25. Whosoever shall be convicted of wilful and corrupt perjury or of subornation of perjury shall be liable in the discretion of the court to be imprisoned for any term not exceeding fifteen years.

PART FIVE – PUNISHMENT.

Part five incorporated with Division two of Part Three of “the Crimes Act 1890.”

26. This Part of this Act shall be incorporated with and shall for all purposes be read and construed as one with Division two of Part Three of the Crimes Act 1890.

Where verdict of rape with mitigating circumstances.

27. Notwithstanding anything in any Act or Parliament contained, no person convicted of the felony of rape with mitigating circumstances shall be condemned to or suffer death therefor, but any person so convicted shall be liable at the discretion of the court to be imprisoned for any term not exceeding ten years.

Offence against Part One of this Act.

28. Where any male person of the age of sixteen years or upwards is convicted under the provision of Part One of this Act or of an offence against any of these said provisions (other than an assault unaccompanied by circumstances of indecency), or is convicted of the crime of rape with mitigating circumstances, the provisions of section five hundred and nineteen of the Crimes Act 1890 shall apply to and with respect to every such male person in like manner as to and with respect to persons convicted as in the first sub-section thereof mentioned.

Where cruelty or great personal violence is used.

29. Where any male person of the age of sixteen years or upwards is convicted before the Supreme Court or a court of general sessions of the peace of any offence against the person of another, and if in the opinion of the court the commission of such offence was attended or accompanied by cruelty or great personal violence on the part of the offender against the person of another, then the provisions of section five hundred and nineteen of the Crimes Act 1890 shall apply to and with respect to such person in like manner as to and with respect to persons convicted as in the first sub-section thereof mentioned.

Where sentence of death commuted.

30. In every case in which the Governor exercises the powers vested in him by section five hundred and forty-one of the Crimes Act 1890 the Governor may if he see fit exercise in addition the powers vested (with respect to persons convicted as in the first sub-section of section five hundred and nineteen of the said Act mentioned) in the court by the said last-mentioned section and the word “sentence” in the said last-mentioned section shall for this purpose mean the direction given by the Governor in that behalf; and the said section five hundred and forty-one and every provision thereof shall apply to and in respect of such direction in like manner as to the other matters which the Governor is thereby empowered to direct.

PART SIX – PLEADING AND PROCEDURE.

Part six incorporated with Division one or Part Three of “the Crimes Act 1890.”

31. This Part of this Act shall be incorporated with and shall for all purposes be read and construed as one with Division one of Part Three of the Crimes Act 1890.

Power on charge of rape or certain felonies to convict of certain misdemeanours.

32. If upon the trial of any presentment indictment or information for rape or for any offence made felony by section forty-five of the Crimes Act 1890 or by sections five or eight of this Act the jury are satisfied that the defendant is guilty of any offence against section forty-three of the Crimes Act 1890 or any misdemeanour under this Act, but are not satisfied that the defendant is guilty of the felony charged in such presentment indictment or information or of an attempt to commit the same, then and in every such case the jury may acquit the defendant of such felony and find him guilty of such misdemeanour as aforesaid, and thereupon such defendant shall be liable to be punished in the same manner as if he had been convicted upon a presentment indictment or information for such misdemeanour as aforesaid.

Where girl is a child of tender years, her unsworn testimony may be received in certain cases. Corroboration necessary.

33. Where upon the hearing before a justice of a charge of rape or of unlawfully and carnally knowing or of attempting or assaulting with intent unlawfully and carnally to know or of indecently assaulting any girl; or where upon the trial before a Judge of the Supreme Court of any person for any of such offences;

The girl in respect of whom the offence is charged to have been committed or any other child of tender years who is tendered as a witness does not in the opinion of the court or justices understand the nature of an oath, the evidence of such girl or other child of tender years may be received though not given upon oath if in the opinion of the court or justices (as the case may be) such girl or other child of tender years is possessed of sufficient intelligence to justify the reception of the evidence and understands the duty of speaking the truth.

• No person shall be liable to be convicted of the offence unless the testimony admitted by virtue of this section and given on behalf of the prosecution be corroborated by some other material evidence in support thereof implicating the accused.
• Any witness whose evidence has been admitted under this section shall be liable to be presented indicted or informed against and punished for perjury in all respects as if he or she had been sworn.

Person charged with offence and wife or husband to be competent as witness.

34. Where in any court before any judge or justice a person is presented indicted informed against or charged with an indictable offence or an offence punishable on summary conviction, whether solely or with others, such person and his wife or her husband (as the case may be) may be called as a witness at any stage of the proceedings at which witnesses may be called. Provided as follows:-
    1. The person indicted informed against or charged shall not be called as a witness without his consent:
    2. The wife or husband of the person presented indicted informed against or charged shall not be called as a witness without the consent of that person except in any case in which such wife or husband might have been compelled to give evidence before the commencement of this Act:
    3. A person called as a witness in pursuance of this section shall not be asked, and if asked shall not be required to answer, either or examination cross-examination or re-examination any question not relevant to the particular offence with which he is charged unless such person has given evidence of good character. Provided always that no comment shall be made upon the fact that any such person has not given evidence in his own behalf.

Caution to be given to person charged.

35. Where a person charged with an offence is not defended by 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 the direction of the court judge or justice before whom he is charged (that is to say):- “Having heard the evidence against you, do you wish to be called as a witness and give evidence in answer to the charge. You are not obliged to be called and give evidence unless you wish, but if you are called the evidence you give may be used against you and you will be liable to be cross-examined.”

Punishment of persons for publishing reports of legal proceedings when forbidden.

36. The provisions of section two hundred of the Justices Act 1890 shall extend and apply to courts of general sessions.

• If any person commit an offence against any Act by publishing a report of any proceedings or any part thereof in any cause or matter heard before any judge court of general sessions or police magistrate or any justices sitting in petty sessions contrary to an order made by such judge court police magistrate or justices under the provisions of such Act such person may be called upon by such judge court police magistrate or justices to appear before him or it or them (as the case may be) on some future day by him or them specified to show cause why he should not be punished for such offence.
• Such person may upon such specified day appear by himself or his counsel or by his attorney in courts where attorneys may practise as advocates and show cause accordingly and such judge court police magistrate or justices may then or on any subsequent day if he or it or they (as the case may be) think fit proceed to adjudge that such person shall pay any fine or shall undergo any period of imprisonment to which he is liable.

Power to exclude the public from court on grounds of public decency.

37. Any judge of the Supreme Court or Judge of a county court any court of general sessions of the peace or any police magistrate or any justices sitting in petty sessions may if it appear desirable on grounds of public decency and morality order that all or any persons or any class or description of persons shall be excluded from the court during all or any part of the proceedings in any cause or matter then being heard before such judge police magistrate or justices (as the case may be).

• Nothing in this section contained shall be construed to authorize the exclusion from the court of the mother or any female friend of any prisoner or party to or witness actually being examined in such cause or matter or of any party to or witness in such cause or matter or of any counsel or solicitor.
• Nevertheless all witnesses in any cause or matter may at any time be ordered to leave the court in the same manner as though this Act had not been passed.

Provision as to statement by prisoners.

38. Where any person is charged upon indictment presentment or information with the commission of any indictable offence and upon his trial makes answer or defence thereto by his counsel, and such person desires also to make a statement of facts (without oath) in lieu of or in addition to any evidence on his behalf, such statement of facts shall only be made by such person, but where it is intended to be so made may be opened by the counsel of such person. Such statement shall in all cases be made by such person after the counsel appearing for the defence of such person or for the defence of other persons also charged on such indictment presentment or information has or have concluded his or their final address to the jury. Whenever any such statement is made the counsel for the Crown shall have the right of reply.

Counts for previous convictions may be added to presentment at any time before verdict.

39. Where any person had been presented for an indictable offence it shall be lawful at any time before or after the jury have been charged to inquire of such offence, but before such jury have given their verdict, for Her Majesty’s Attorney-General or Solicitor-General for Victoria or for any prosecutor for the Queen in the name of a law officer to add a count or counts to such presentment averring that the person so presented as aforesaid was at a certain time and place or at certain times and places previously convicted of any offence or offences; and such count or counts may be added notwithstanding other previous convictions are already averred in such presentment; and such count or counts so added may be proved after verdict upon the count or counts for such indictable offence in the same manner as shall have the same effect in all respects as such count or counts might have been proved and would have had if it or they had been part of such presentment at the time the person charged therein was arraigned.

Previous convictions in other Australian colonies may be averred and proved.

40. The previous conviction in any of the colonies on the continent of Australia (other than Victoria) or in Tasmania New Zealand Fiji British New Guinea or New Hebrides of any person for any indictable offence or offence punishable summarily by justices may in any presentment indictment or information for any subsequent offence in Victoria be averred in like manner as any previous conviction in Victoria, and such averment may in the case of colonies other than Victoria be proceeded upon in like order and manner as in the case of any previous conviction in a court of justice in Victoria and may be proved subject to the provisions hereinafter contained.

Mode of proving previous convictions in other Australian colonies.

41. Whenever in any legal proceeding whatsoever it may be necessary to prove a conviction in any of such colonies (other than Victoria) as aforesaid of any person charged with any offence such conviction may be proved by the production of a certificate containing the substance and effect only (omitting the formal part) of the conviction 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 purporting to be attested by a justice of the peace, and by proof of the identity of the person named in such certificate with the prisoner, and it shall not be necessary to prove the signature or official character of the person appearing to have signed such certificate.

Repeal of s. 21 of Evidence Act 1890 and substitution of new provision. Proof of trial or conviction or acquittal for an indictable offence by certified copy.

42. For section twenty-one of the Evidence Act 1890 the following section shall be substituted, namely:-

“21. Whenever in any legal proceeding whatsoever it may be necessary to prove the trial or conviction or acquittal in Victoria of any person charged with any indictable offence, it shall not be necessary to produce the record of the conviction or acquittal of such person or a copy thereof; but a certificate containing the substance and effect only (omitting the formal part) of the presentment indictment or information or of the conviction or of the acquittal (as the case may be) of or for such offence purporting to be signed by the officer having the custody of the records of the court where such first-mentioned person was tried convicted or acquitted or by the deputy of such officer or by the officer for the time being acting in such first-mentioned capacity (for which certificate a fee of Five shillings and no more shall be demanded or taken) shall upon proof of the identity of the person be sufficient evidence of the said trial conviction or acquittal without proof of the signature or official character of the person appearing to have signed the same.

But no fee shall be demanded or taken for any such certificate if the same be applied for by any prosecutor for the Queen or person acting on his behalf or by any person acting under the direction of a law officer or by any person acting for the prisoner.”

Evidence of previous summary conviction.

43. Whenever in any legal proceeding whatsoever it may be necessary to prove any previous summary conviction before a court of petty sessions, it shall not be necessary to produce a copy of such conviction; but the register of such court of petty sessions (kept in pursuance of the provisions of the Justices Act 1890 or any Act thereby repealed) or a certificate containing an extract from such register of such conviction purporting to be signed by the clerk or acting clerk or assistant clerk of the court at which such register is kept shall upon proof of the identity of the person therein stated to have been convicted, and notwithstanding anything in any Act of Parliament contained, be sufficient evidence of such conviction without proof of the signature or official character of the person appearing to have signed the same; and the conviction shall be deemed to have been unappealed against the contrary is shown.

Provision for simplifying proof of previous offences when the same have already been once proved.

44. When any person has been presented indicted or informed against for committing any offence after a previous conviction or convictions and has been convicted of such subsequent offence (hereinafter in this section termed the “first-mentioned principle offence”) and such previous conviction or convictions or any of them have thereupon been admitted by or proved against him, and

If at any subsequent time such person be presented indicted or informed against 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 of Parliament 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 felonies indictable misdemeanours 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 keeper or officer in charge of any gaol prison hulk or penal establishment or by the officer for the time being acting in that capacity and setting forth that the person 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 gaol prison hulk 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 placement indictment or information for proving any previous conviction therein averred.

Previous convictions to be noted in new sentence.

45. Where any person has been presented indicted or informed against for committing any offence after a previous conviction or convictions and has been convicted of such subsequent offence and such previous conviction or convictions or any of them have been proved against him the fact that such previous conviction or convictions have been so 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.

Prisoner may be brought before court to give evidence without writ of habeas. Second Schedule.

46. Any person in custody in any gaol police gaol prison hulk or penal establishment for any cause whatsoever may upon an order in writing (which may be in the form or to the effect in the Second Schedule to this Act) made as hereinafter provided be brought before any court judge or justice to give evidence in or upon any trial or proceedings (whether civil or criminal) without writ of habeas corpus; and every person in custody brought before such court judge or justice under any such order shall be deemed to be in the legal custody of the police constable local gaoler or other officer having the temporary custody of such person and acting under such order, who shall in due course return such person into the custody from which he was brought under such order.

Where such trial or proceedings is or are to take place before any court of which there is a judge appointed and commonly known by that name then such order shall be made by and be under the hand of a judge of such court.

Where such trial or proceedings is or are to take place before a court of general sessions then such order shall be made by and be under the hand of a chairman of a court of general sessions; and

In all other cases such order shall be made by and be under the hand of a judge or police magistrate.

Issue of warrant when witness does not appear.

47. Whenever any person has been bound over by a justice to appear and give evidence on the trial of any one before a Judge of the Supreme Court or before a court of general sessions of the peace, or

Whenever a subpoena ad testificandum subpoena duces tecum or summons has been issued for the attendance of any person to give evidence on the trial of any one before a Judge of the Supreme Court or before a court of general sessions of the peace, 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 on that behalf,

Such Judge of the Supreme Court or the chairman of such court of general sessions of the peace may if such person neglects or refuses to attend issue his warrant to apprehend such person (or any person for whose attendance such subpoena has been issued and who is proved to be keeping out of the way to avoid service thereof), and may also order any such person to pay a fine not exceeding Twenty pounds, but no such fine shall exempt such person from any other proceedings for disobeying such subpoena or summons.

Witness how dealt with if arrested.

48. 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.

Proof of marriage in other portions of Her Majesty’s dominions on trial for bigamy.

49. On the trial of any person for having (during the life of his or her wife or husband) married some other person, the production of a copy of the register or other official record of such marriage or of an extract from such register or other official record shall upon proof of the identity of such first-mentioned person be prima facie evidence of his or her marriage or of his or her having gone through the ceremony of marriage:-

• If such copy or extract be proved to be an examined copy or extract of or from the register or other official record of marriages kept on any portion of Her Majesty’s dominions; or
• If such copy or extract 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 purport 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 the term “official record.”

50. For the purposes of the last preceding section, an official 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 marriages celebrated in that portion of Her Majesty’s dominions in which the same is kept.

Nothing this or the last preceding section contained shall apply to the proof of marriages celebrated or of ceremony of marriage performed in Victoria.

Husband and wife may be witnesses on trial for bigamy.

51. On the trial of any person for having (during the life of his or her wife or husband) married some other person, such wife or husband (as the case may be) of the first marriage shall be competent but not compellable to give evidence for or against the accused, but no such marriage shall be proved by the evidence of such witness alone.

Subpoenas in criminal cases may be issued by sheriffs and deputy sheriffs.

52. Every sheriff and deputy sheriff may issue subpoenas ad testificandum and subpoenas duces tecum in any criminal case to be tried at the sittings of the Supreme Court within the bailiwick for which he acts. Every such subpoena shall be sealed by the sheriff or deputy sheriff issuing the same, and every such 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.

Power to take preliminary examination in place where witness if lying ill.

53. Where it is made to appear to any justice that any person is so ill as to be unable safely to travel or to leave any hose or place whatsoever within Victoria where he may then be and that such person is able and willing to give material information relating to any indictable offence or relating to any person accused of any indictable offence, then such justice may direct that any person accused of such indictable offence shall be taken or conveyed in custody to the house or place where such first-mentioned person then is, or such justice may if such accused person is brought before him remand him in custody or on bail to such house or place; and thereupon any justice may notwithstanding anything in any Act of Parliament contained sit in such house or place or in any place convenient thereto, and such accused person may there be brought before such justice and he may there take the preliminary examination or statement of the witnesses or of such of them as he thinks fit and he may commit the accused for trial discharge him or remand him to appear again at such house or place or at any other place.

Justice empowered to do certain preliminary acts in criminal proceedings for offence committed outside his local jurisdiction. And to commit for trial or adjudicate where no objection raised.

54. Every justice shall notwithstanding anything contained in any Act of Parliament or in the commission by which he is assigned to keep the peace in any one or more bailiwicks have jurisdiction (in the same manner and to the same extent only as if the same were exercised in respect of any offence committed within the bailiwick to which he has been assigned) to do all or any of the things following in any proceedings against any person for an offence for which he is liable to be convicted before justices or to be committed for trial and committed or alleged to have been committed by such person in some bailiwick to which such justice has not been assigned to keep the peace (provided that if any of such things so done be judicial acts and not ministerial acts on the part of such justice he be at the time he does the same within the limits of the bailiwick or bailiwicks to which he has been assigned).

• Such justice may receive any information in respect of any offence of whatsoever kind whether indictable or not.
• He may if he thinks fit issue his warrant to apprehend the person against whom the information is lodged or to search anything or any place for any person or any property for whom or for which such search is allowed by law or both to apprehend or to search as aforesaid.
• He may summon witnesses to give evidence and to produce documents respecting the subject-matter of any such search or information and may by warrant compel the attendance of witnesses and the production of documents.
• He may do all necessary acts preliminary to the hearing.
• He may remand the accused person to the same place or to any other place whether within or without the same bailiwick, or may admit such accused person or any witnesses in custody to bail to appear at any specified place.
• He may in any case where the accused person and the witnesses are present before him take the evidence or statement on oath of the witnesses and may discharge such accused person or convict him or commit him for trial (as the case may be). Provided that before he shall so take such evidence or statements he shall inform the prosecution and the accused person that he is not a justice for the bailiwick in which the offence was committed; and he shall not take such evidence or statements pursuant to this sub-section if before taking such evidence or statements either the accused person or the prosecution object to him doing so.

PART SEVEN – INDECENT PRINTS, ETC.

Summary proceedings against persons affixing exhibiting printing or vending indecent or obscene pictures or printed or written matter.

55. Whosoever affixes to or inscribes on any house building wall hoarding gate fence pillar post board tree or any other thing whatsoever so as to be visible to a person being in or passing along any street public highway or footpath and whoever affixes to or inscribes on any public urinal or delivers or attempts to deliver or exhibits to any inhabitant or to any person being in or passing along any street public highway or footpath or throws down the area of any house or exhibits to public view in the window of any house or shop any picture or printed or written matter which is of an indecent or obscene nature shall on summary conviction thereof before two justices be liable to a penalty not exceeding Forty shillings or in the discretion of the court to imprisonment for any term not exceeding one month with or without hard labour.

Summary proceedings against persons sending others to do the acts punishable under preceding section.

56. Whoever sells gives or delivers to any other person any such picture or printed or written matter mentioned in the foregoing section with the intent that the same or some portion thereof should be affixed inscribed delivered or exhibited as therein mentioned shall on conviction thereof before two justices be liable to a penalty not exceeding Five pounds or in the discretion of the court to imprisonment to any term not exceeding three months with or without hard labour.

Certain advertisements declared indecent.

57. Any advertisement relating to syphilis gonorrhoea nervous debility or other complaint or infirmity arising from or relating to sexual intercourse shall be deemed to be printed or written matter of an indecent nature within the meaning of the two forgoing sections of this Act if such advertisement is affixed to or inscribed on any house building wall hoarding gate fence pillar post board tree or other thing whatsoever so as to be visible to a person being in or passing along any street public highway or footpath or is affixed to or inscribed on any public urinal or is delivered or attempted to be delivered to any person being in or passing along any street public highway or footpath.

Any constable may arrest without warrant any person whom he shall find committing any offence against this or the two next preceding sections.

Section 46.

Second Schedule.

To the Governor [Keeper or Officer in charge] of the Gaol [Prison Hulk or Penal Establishment], and to all members of the police force in the colony of Victoria.

It is hereby ordered, under the provisions of the Crimes Acts, that [here insert name of prisoner], a person now in your custody at the gaol at [here insert name of place of detention], be brought before the [here insert name of court, &c.] at [insert place where court to be holden] on the                                day of                    18           then and there to testify what he shall know concerning the matters then to be inquired of in the hearing of [here specify name of cause or matter], and the said [here repeat name of prisoner] is to remain in the custody of the officers local gaolers and constables acting under this order until the said [name of prisoner] is in due course returned to the governor [keeper or officer in charge of prison hulk or penal establishment] at [here insert place of detention].

Dated this                            day of

Signature and description of Judge, Chairman of a Court of General Sessions of the Peace, or Police Magistrate.

 

An Act to amend the Crimes Act 1890. [24^th December, 1896] No. 1478.

Be in 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 and construction.

1. This Act may for all purposes be cited as the Crimes Act 1890 Amendment Act 1896 and shall be read and constructed as one with the Crimes Act 1890 (hereinafter called the Principal Act).

Fraudulent conversion of property or proceeds to be larceny.

2. Whosoever having as the clerk servant or agent of any person or as a bailee received or obtained any property on terms express or implied and whether such terms be written or verbal requiring him to account for deliver or pay such property or the proceeds thereof or any part of such proceeds to his master employer principal or bailor (as the case may be) or to any other person though not requiring him to deliver over or pay in specie the identical property received or obtained fraudulently converts such property or proceeds to his own use or fraudulently omits to account for deliver or pay such property or any part thereof or to account for deliver or pay such proceeds or any part thereof which he was requiring to account for deliver or pay as aforesaid shall be deemed to have feloniously stolen the same from his master employer principal or bailor or other person to whom the said accounting delivering or payment ought to have been made, and being convicted thereof shall be liable to be imprisoned for any term not exceeding ten years.

Company acting as agent or as bailee to account for proceeds of property.

3. Where a company incorporated under the Companies Act 1890 or any Act amending the same or any other body corporate has as the agent of any person or as a bailee received or obtained any property on terms express or implied, and whether such terms be written or verbal requiring such company or body corporate to account for deliver or pay such property or the proceeds thereof or any part of such proceeds to the person for whom it is agent or to any other person through not requiring it to deliver over or pay in specie the identical property received or obtained, every director manager officer employee and agent of the said company or body corporate who is knowingly a party to the fraudulent conversion of such property or any part thereof or such proceeds or any part thereof, or who is knowingly a party to the fraudulent omission to account for deliver or pay such property or any part thereof, or to account for deliver or pay such proceeds or any part thereof which the company or body corporate was required to account for deliver or pay as aforesaid, shall be deemed to have feloniously stolen the same from the person to whom the said accounting delivering or payment ought to have been made, and being convicted thereof shall be liable to be imprisoned for any term not exceeding ten years.

Amendment of section 146 of “the Crimes Act 1890”

4. In section one hundred and forty-six of the Principal Act the words “in writing” occurring after “direction” shall be and the same are hereby repealed.

Proof of general deficiency sufficient in charge of larceny or embezzlement.

5. On the prosecution of any person for the larceny or embezzlement by him as a clerk or servant of money the property of his master or employer it shall not be necessary to prove the larceny or embezzlement by him of any specific sum of money if there is proof of a general deficiency on the examination of the books of accounts or entries kept or made by him or otherwise and the jury are satisfied that the accused stole or fraudulently embezzled the deficient money or any part thereof.

 

An Act to amend the Crimes Act 1891. [19^th February, 1900.] No 1643.

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.

1. This Act may be cited as the Crimes Act 1900, and this Act and the Crimes Act 1890 and any amendment of the same may be cited together as the Crimes Acts.

Interpretation.

2. In this Act-
   • “newspaper” shall be deemed and taken to include any newspaper or supplement within the meaning of any Act for the time being in force relating to printing publishing or registering or newspapers or relating to the post office; and
   • “publishers” or “publishing,” without in any was restricting the meaning of the word at common law, shall include affixing or inserting on any building house wall hoarding gate fence pillar post board tree or thing whatsoever so as to be visible to a person being in or passing along any street public highway or footpath or railway station, or affixing or inscribing on any public urinal, or delivering or exhibiting to any inhabitant or person, or depositing or causing to be thrown upon any public or private premises or exhibiting to public view in the window of any building house or shop.

Certain pictures &c. declared indecent.

3. Any picture or advertisement or any printed or written matter in the nature of an advertisement shall for the purposes of this Act be deemed and taken to be of an indecent or obscene nature if it refers or relates to syphilis gonorrhoea nervous debility or other complaint or infirmity arising from or relating to sexual intercourse or sexual abuse, or to pregnancy or to any irregularity or obstruction of the female system, or to the treatment of any complaint or condition peculiar to females.

Penalty for printing &c. in a newspaper any indecent picture or advertisement.

4. Every person who prints or publishes or distributes or sends by post or assists in printing publishing or distributing or has in his possession for the purposes of distributing or sending by post any newspaper containing any picture or advertisement or any printed or written matter in the nature of an advertisement which picture advertisement or matter is of an indecent or obscene nature shall be liable on conviction thereof for a first offence to a penalty not exceeding Twenty pounds or to imprisonment for any term not exceeding three months, and for a second and every subsequent offence to a penalty of not less than Twenty pounds or more than One hundred pounds and to imprisonment for any term not exceeding twelve months.

Penalty for printing or publishing &c. indecent picture or advertisement.

5. Every person who prints or publishes or distributes or sends by post or assists in printing or publishing or distributing or has in his possession for the purposes of distributing by post any picture or advertisement or any printed or written matter in the nature of an advertisement which picture advertisement or matter is of an indecent or obscene nature shall on conviction thereof for a first offence be liable to a penalty not exceeding Ten pounds or to imprisonment for any term not exceeding one month, and for a second and every subsequent offence to a penalty of not less than Ten pounds or more than Fifty pounds and to imprisonment for any term not exceeding six months.

Punishment where newspaper is owned by a company.

6. Where a company is the proprietor of a newspaper containing any picture or advertisement or any printed or written matter in the nature of an advertisement which picture advertisement or matter is of an indecent or obscene nature the individual person who within the meaning of the Printers and Newspapers Act is the printer of such newspaper and the individual person who within the meaning of the said Acts is the publisher of such newspaper shall each be liable to the punishment provided in this Act.

Indecent pictures &c. sent by post.

7. If at any post office there is received for transmission through the post any newspaper packet or parcel containing any picture or advertisement or any printed or written matter in the nature of an advertisement which picture advertisement or matter is of an indecent or obscene nature the Postmaster-General may refuse to transmit or deliver the same through the post and may cause any such newspaper packet or parcel to be destroyed.

Importation of newspapers containing indecent advertisements prohibited.

8. Any newspaper which contains any picture or advertisement or printed or written matter in the nature of an advertisement which picture advertisement or matter is of an indecent or obscene nature and any picture or advertisement or printed or written matter which is of an indecent or obscene nature shall not be imported or brought into Victoria and shall be included among goods prohibited to be imported as if they were specified in section forty-nine of the Customs Act 1890.

Police only to prosecute. Distributers to be warned of intended prosecution.

9. No prosecution for any offence against this Act shall be taken expect by a member of the police force under the written authority of the Chief Commissioner or Police for the particular prosecution. No such written authority shall be given for prosecuting any person for distributing or sending by post or assisting in distributing or sending by post any newspaper containing any picture or advertisement or any printed or written matter in the nature of an advertisement which picture or advertisement or matter is of an indecent or obscene nature unless the offender has been previously warned in writing by a member of the police force that he will be prosecuted under this Act if after such warning he distributes or sends by post or assists in distributing or sending by post a copy of any specified newspaper (whether published before or after such warning) containing any specified picture or advertisement or printed or written matter in the nature of an advertisement which picture advertisement or matter is of an indecent or obscene nature or containing any picture or advertisement or matter of a like nature or effect as such specified picture advertisement or matter.

 

An Act to amend the Crimes Act 1915. [22^nd September, 1915] No.2758.

Be it enacted by the King’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):-

1. This Act may be cited as the Indeterminate Sentences Act 1915 and shall be construed as one with the Crimes Act 1915 (hereinafter called the Principal Act) and this Act may be cited together as the Crimes Acts.
2. In section five hundred and eighteen of the Principal Act:-
   1. In sub-section (2) after the word “Minister” there shall be inserted the words “specifying the reformatory prison to which such person should be transferred and”;
   2. In subsection (3) for the words “a reformatory prison” there shall be substituted the words “such reformatory prison.”
3. In the sub-section (1) of section five hundred and twenty-three of the Principal Act after the words “any prison” there shall be inserted the words “or part thereof.”
4. In sub-section (5) of section five hundred and twenty-five of the Principal Act for the word “him” there shall be substituted the words:-
   1. “the Indeterminate Sentences Board which shall disburse it in such manner as the Board considers conductive to his welfare; but if during his period of probation he is sentenced to imprisonment he shall if the Board so directs forfeit the said sum or so much thereof as is in the hands of the Board (as the case may be) and the same shall be paid into the Consolidated Revenue.”
5. In Section five hundred ad twenty-six of the Principal Act:-
   1. For the words “Governor in Council” (wherever occurring) there shall be substituted the word “Minister”;
   2. After the words “by Order” there shall be inserted the words “in writing under his hand”;
   3. After the word “probation” there shall be inserted the words “subject to such conditions as to the residence and employment of such person and his regularly reporting the same and as to his leading a sober honest and industrious life as are recommended by the Indeterminate Sentences Board and specified in the Order. Such probation”;
   4. After the words “reformatory prison” where last occurring there shall be inserted the words “shall be.”

In paragraph (c) of sub-section (5) of section five hundred and thirty-one of the Principal Act for the words “Governor in Council” there shall be substituted the word “Minister.”

6. At the end of section five hundred and twenty-seven of the Principal Act there shall be inserted the following words:-

“Provided that in the case of any person so released the Indeterminate Sentences Board may require as a condition of his probation that in lieu of his making any such report as aforesaid he shall in such manner and at such times as the Board directs report personally or by letter his address and occupation to such member of the police force or to such person or body of persons as the Board directs.”

7. In section five hundred and twenty-eight f the Principal Act:-
   1. After the words “reputed criminals” where first occurring there shall be inserted the words”; or
      1. Committed a breach of any of the conditions of his probation”;
   2. After the words “reputed criminals; or” there shall be inserted the words “to have committed a beach of any of the conditions of his probation; or”;
   3. After the words “may by order direct that such person” there shall be inserted the words “forthwith or;”
   4. At the end of the section there shall be added the following words:-

If a term of imprisonment is imposed and if no such direction as to committal to a reformatory prison is then made such person at any time before the completion of the term imprisonment may or an order in writing of the Indeterminate Sentences Board signed by any two members thereof be brought up at a court of petty sessions or at some sittings of the Supreme Court for the hearing of criminal trials or of the court of general sessions of the peace.

The provisions of sub-section (2) of section five hundred and sixteen of this Act shall:-

1. Extend and apply to such person and such order; and
2. For the purposes of this section be read and construed as if after the word “chairman” there were inserted the words “or court of petty sessions”

The court of petty sessions or the Judge of the Supreme Court or the chairman of the court of general sessions of the peace (as the case may be):-

1. Upon proof of the conviction and sentence under this section; and
2. After hearing such other evidence as the said court judge or chairman thinks desirable,

May direct that on the completion of the term of imprisonment imposed under this section such person shall be recommitted to and detained in a reformatory prison during the Governor’s pleasure; and he shall be recommitted to and detained in a reformatory prison accordingly; and any warrant necessary for his recommittal or detention may be issued accordingly.”

8. If any person detained in a reformatory prison has been heretofore released pursuant to section five hundred and sixty-four of the Crimes Act 1915 under recognisance and has been heretofore or is hereafter adjudged under section five hundred and sixty-seven of that Act by a court of petty sessions guilty of a misbehaviour for which the recognisance has been or is forfeited then (without affecting the powers of the said court under the said section five hundred and sixty-seven) the said court may direct, and from the commencement of that Act shall be deemed to have had power to direct, that such person be recommitted to and detained in a reformatory prison during the Governor’s pleasure; and he shall be recommitted to and detained in a reformatory prison accordingly; and any warrant necessary for his recommittal or detention may be issued accordingly.
9. At the end of the paragraph (e) of subsection (5) of section five hundred and thirty-one of the Principal Act there shall be inserted the following paragraphs:-
   1. “To determine in what class of reformatory prison any person shall be detained who is directed to be detained in a reformatory prison pursuant to paragraph (a) of sub-division (1) of section five hundred and fifteen or to section five hundred and sixteen of this Act; and
   2. To report to the Minister as to any matters in connexion with the management of reformatory prisons or as to the probation of persons released which may in the opinion of the Board affect the reformation of persons detained in such prisons or released on probation.”
10. The Indeterminate Sentences Board by order in writing signed by any two members thereof may permit any person detained in a reformatory prison who is in the highest class but has not been released on probation to leave the prison temporarily in order to test the reform of such person.

Such leave shall be for the term and subject to the conditions specified in the order.

Any person so permitted to leave a reformatory prison temporarily:-

1. Shall be deemed to continue in the legal custody of the superintendent or matron of the prison; and
2. May at any time during such leave or after the expiration thereof (if he has not returned to the reformatory prison) on an order in writing of the Board signed by any two members thereof be arrested without warrant by any warder of the prison or any member of the police force any by him returned to the prison.

11. In section five hundred and forty-one of the Principal Act:-
    1. At the end of paragraph (b) there shall be added the following words:-

“and for the classification of such persons, and for their promotion from class to class”;

1. For paragraph (g) there shall be substituted the following paragraph:-

“(g) prescribing the punishments which may be imposed by the Indeterminate Sentences Board or by the superintendent for idleness misconduct or breached of discipline or for escaping or attempting to escape from a reformatory prison for the detention of persons not declared to be habitual criminals and providing that one of such punishments may be a fine deducted from the earnings standing to the credit of the person liable to punishment.”

12. Notwithstanding anything in the Principal Act or the Gaols Act 1915:-
    1. No person shall be appointed a visiting justice of any reformatory prison for the detention of persons not declared to be habitual criminals; and
    2. No visiting justice shall have or exercise any power or authority under the said Acts with respect to any person detained in any such reformatory prison.
13. Where a person detained in a reformatory prison for habitual criminals is sentenced by a visiting justice to a term of imprisonment in a gaol such person on the expiry of such term of imprisonment:-
    1. Shall be removed to a reformatory prison for habitual criminals; and
    2. Shall continue to be detained in a reformatory prison for habitual criminals during the Governor’s pleasure under his original sentence.

The Visiting justice may issue any warrant necessary for the purposes of this section.

14. The Indeterminate Sentences Board may by order in writing signed by any two members thereof direct that any person detained in a reformatory prison or part thereof may be transferred therefrom to any other reformatory prison or part thereof.

• Where any such order is made no authority other than such order or a copy thereof purporting to be signed and certified as a true copy by the officer to whose custody the original is intrusted shall be necessary to warrant such transfer or the detention of such person.
• Any person transferred as aforesaid shall be subject to the regulations applying to the reformatory prison to which he is so transferred.

15. If the Indeterminate Sentences Board reports to the Minister that it is desirable that any person detained in a reformatory prison should be permitted to leave such prison temporarily:-
    1. For the purpose of being treated at any hospital; or
    2. For the purpose of visiting a relative believed to be dying; or
    3. For any other reason which appears to the Board to be sufficient,

The Minister may by writing under his hand make an order that such person may subject to any conditions set forth in the order be permitted to leave the prison for the purpose and for the period specified in the order.

• The Minister may in the order direct that such person shall during the said period be in the custody of any member of the police force gaoler or officer named in the order who shall in due course return him into the custody from which he was removed pursuant to the order; and until such return he shall be deemed to be in the legal custody of the member of the police force gaoler or officer named in the order and acting thereunder.
• If in any case the Minister is of opinion that it is impracticable to require such person to be in the custody of any member of the police force gaoler or officer during the period of such absence from the prison the Minister may make the order without naming any police constable gaoler or officer therein; and in every such case such person shall be deemed to be in the legal custody of the superintendent or matron of the prison.
• Any person permitted to leave a reformatory prison under this section who:-
  1. Escapes or attempts to escape from the custody of any such police constable gaoler or officer;
  2. Does not return to the said prison immediately on the expiration of the period mentioned in the order; or
  3. Is guilty of a breach of any of the conditions of the order,

May without any warrant other than this Act be arrested by any member of the police force or by any person thereto authorized in writing by any two members of the Indeterminate Sentences Board and be returned to the reformatory prison; and shall within the meaning of section thirty-four of the Goals Act 1915 be deemed to have escaped or attempted to escape from a gaol and shall be liable to be imprisoned according; and after the expiration of any such term of imprisonment (if any) shall be returned to and continue to be detained in a reformatory prison during the Governor’s pleasure under his original sentence; or if no such term if imprisonment is imposed he shall be returned to the reformatory prison and continue to be detained as aforesaid; and any warrant necessary for the purposes of this section may be issued accordingly.

16. All courts and persons having by law or consent of parties authority to hear receive and examine evidence shall:-
    1. Take judicial notice of the signature of every person heretofore or hereafter a member of the Indeterminate Sentences Board attached or appended to any document by virtue of the Indeterminate Sentences Acts; and
    2. Until the contrary is proved presume that every such signature was properly attached or appended thereto.

 

 

An Act to amend the Crimes Act 1915. [14^th December, 1915] No. 2789.

Be it cited by the King’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):-

1. This Act may be cited as the Crimes Act 1915 (No.2) and shall be read and construed as one with the Crimes Act 1915 which Act and this Act may be cited together as the Crimes Acts.
2. For section four hundred and thirty-two of the Crimes Act 1915 there shall be substituted the following section:-

“432. Every person charged with an offence, and the wife or husband (as the case may be) of the person so charged, shall be a competent witness for the defence at every stage of the proceedings whether the person so charged solely or jointly with any other person.

Provided that:-

1. A person so charged shall not be called as a witness in pursuance of this section except upon his own application:
2. The failure of any person charged with an offence, or of the wife or husband (as the case may be) of the person so charged, to give evidence shall not be made the subject of any comment by the prosecution or unless the accused person elects to make a statement not on oath by the judge or justice:
3. The wife or husband of the person charged shall not, except in any case in which such wife or husband might have been compelled to give evidence before the commencement of this Act, be called as a witness in pursuance of this section except upon the application of the person so charged; Provided that in any case where the husband and wife are jointly charged either of the accused may without the consent of the other be called as a witness on his or her own application; and provided further that the wife or husband of a person charged with bigamy may be called as a witness either for the prosecution or defence and without the consent of the person charged:
4. A person charged and being a witness in pursuance of 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 in pursuance of 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:-
   1. 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
   2. He has personally or by his advocate asked questions of the witnesses for the prosecution with a view to establish 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 witness for the prosecution: Provided that the permission of the judge (to be applied for in the absence of the jury) must first be obtained; or

• He has given evidence against any other person charged with the same offence:

1. Every person called as a witness in pursuance of this section shall unless otherwise ordered by the court or judge or justice give his evidence from the witness-box or other place from which the other witnesses give their evidence:
2. Nothing in this section shall affect the provisions of section forty-five paragraph (a) of sub-section (1) of section forty-six section forty-eight or section forty-nine of the Justices Act 1915 or any right of the person charges to make a statement without being sworn:
3. Where the only witness to the facts of the case called by the defence is the person charged he shall be called as a witness immediately after the close of the evidence for the prosecution:
4. In cases where the right of reply depends upon the question whether evidence has been called for the defence the fact that the person charged has been called as a witness shall not of itself confer on the prosecution the right of reply.”

 

Sourced from Austlii.