273 No. 9 ] Criminal Code [2004.

Power to transfer inquiry for offense committed outside jurisdiction Subpart B – Proceeds to Compel Appearance.

P RELIMINARY

• This Code may be cited as the Criminal Code 2004, and is hereinafter referred to as “this Code.”
• This Code comes into force on such day as the Attorney-General may appoint by Notice in the Gazette
• Unless the contrary is expressly provided by an enactment, the provisions of this Code shall apply to all offences under any enactment and
• Without prejudice to section 1083 where no provision is made in this Code with respect to the procedure concerning any criminal
• A person is not criminally responsible in respect of an offence relating to property, if the act done or omitted to be done by him or her with
• A consent is void if it is obtained by means of deceit or duress
• A consent is void if the person giving it is — (a) under seven years of age; or
• A consent is of no effect if it is given by reason of a mistake of fact
• A consent is void if it is obtained by the undue exercise of any official, parental, or other authority; and if such authority is exercised
• A consent given on behalf of a person by his or her parent, guardian, or any other person authorised by law to give or refuse consent
• For the purposes of provisions of this Part relating to consent, exercise of authority is not limited to exercise of authority by way of
• A consent is deemed to have been obtained by means of deceit, duress, or undue exercise of authority, or to have been given by reason of
• A person shall not be prejudiced by the invalidity of any consent if he or she did not know, and could not have known by the exercise of
• Subject to the provisions of sections 17 to 23 the use of force against a person may be justified on the ground of his or her consent to the
• A party to a fight, whether lawful or unlawful, cannot justify any force which he or she uses with intent to cause harm to the other party on
• The killing of a person cannot be justified on the ground of consent
• A wound or grievous harm cannot be justified on the ground of consent, unless the consent is given and the wound or harm is caused in
• Consent to the use of force for purposes of medical or surgical treatment does not extend to any improper or negligent treatment
• Consent to the use of force against person for purposes of medical or surgical treatment, or otherwise for his or her benefit, may be
• Where a person is intoxicated or insensible, or is from any cause unable to give or withhold his or her consent, any force used in good faith
• A person is not to be punished for any act which, by reason of ignorance or mistake of fact in good faith, he or she believes to be lawful
• Except as otherwise expressly provided in this Code, a person shall not be exempt from liability to punishment for any act on the ground of
• A person accused of committing a crime shall be deemed to have been mentally ill at the time he or she committed the act in respect of which
• Any person who aids another person in a justifiable use of force is justified to the same extent and under the same conditions as that other
• Any person who has authority, by warrant or other legal process, or under the provisions of any enactment, to arrest, detain or search
• A person may use such force as is reasonable in the circumstances —
• Subject to the provisions of sections 36 to 46, a person may justify the use of force for the defence of property or possession or for
• A person in actual possession of a house, land or vessel, or goods, or any other person authorised by him or her, may use the force reasonable
• A person in actual possession of a house, land or vessel, or any other person authorised by him or her, may use such force reasonable in
• If a person wrongfully takes possession of or detains any goods, any other person who as against him or her, has a right to the possession
• A person may use such force reasonable in the circumstances as is necessary for the purpose of overcoming any obstruction or
• Any person who in using force against another person in circumstances justifiable under this Part, is obstructed or resisted by a third
• Any person who is authorised to execute any lawful sentence or order of a Court may use the force authorised in the order or sentence
• The master of a vessel, or any person acting by his or her order, may use against any other person on board the vessel, such force
• Any person who is authorised under any enactment to use force may use such reasonable force as is necessary according to the terms and
• For the suppression or dispersion of a riotous or unlawful assembly, reasonable force may be used subject to the provisions of this
• A person is not guilty of an offence if —
• No act of a person which but for this section would constitute an offence is an offence if —

(1) A person under the age of twelve years is not criminally liable for any act he or she does that is contrary to law. A person may, in the circumstances, use such force as is necessary for the purpose of overcoming an obstacle or is necessary for the purpose of overcoming an obstacle or resistance to the exercise by him or her of any legal right.

L IABILITY AND M ENS R EA

• Where a person intends to commit a particular crime and brings about the elements which constitute that crime he or she may be guilty of
• A person causes an event negligently, if without intending to cause the event, he or she causes it by a voluntary act done —
• Where an act is such that, notwithstanding the exercise of skill and caution, it is likely to cause an event which there is no justification for
• A person causes an event recklessly if the act causing the event involves an obvious and serious risk of causing injury or damage and the
• Any person who, within the jurisdiction of the Courts, aids and abets the doing outside the Courts’ jurisdiction of an act which, if done
• An accomplice who aids and abets a crime commits the crime, if the crime is actually committed as aided and abetted by him or her
• An accomplice who aids and abets a crime where the crime is not actually committed, due to accident, or circumstances or events
• If a person aids and abets a riot or unlawful assembly, with the knowledge that unlawful violence is intended or is likely to be used, he or
• An accomplice who aids and abets a crime may be tried either separately or with the person aided and abetted, notwithstanding that the
• An accomplice who aids and abets a crime may be tried either separately or with any other accomplice, whether or not he or she and such
• The provisions of this Code with respect to exemption, justification, or extenuation in relation to an act shall be applicable in
• A person who aids and abets a crime shall be punishable on indictment or on summary conviction, according as he or she would be
• A person who knowing that another person intends to commit or is committing a crime, fails to use all reasonable means to prevent the
• If two or more persons agree or act together with common purpose of committing a crime, whether with or without any previous
• Any provisions of this Code with respect to exemption, justification or extenuation in relation to an act shall apply with necessary

The provisions of this Code relating to exemption, justification or mitigation in relation to an act shall apply in justification, or mitigation in relation to an act shall apply in respect of the person aiding and abetting the crime, notwithstanding such provisions shall not apply in the case of the person assisted and assisted or any other accomplice. (1) If a person with the intention of committing an offense does an act which is more than merely preparatory to the commission of the offence, he or she commits the offense of attempting to commit the offence.

Where harm is unlawfully caused to a person within the jurisdiction of the Courts, and his or her death is thereby caused, but the

A person commits murder if he or she causes the death of another person —

A person commits murder if he or she causes the death of another person —. vi) any crime of drug trafficking or other drug-related offence. (e) any murder committed in pursuance of a scheme whereby money or other thing of value —. i) transfers or is intended to pass from one person to another or to a third party at the request or direction of that other person; or. ii) is promised by one person to another or to a third person at the request or direction of the other person. as remuneration for the other person who causes or assists in causing the death of a person or advises or procures a person to do an act which causes or assists in causing the death of another person. f) any murder committed by a person in connection with or in furtherance of an act of terrorism, that is, an act involving that person's use of violence which, by its nature and extent, is intended to create a state of fear in the public or any section of the public. In addition to those in para. 5, the court may, if it deems it necessary, make use of reports concerning the perpetrator and the offence. PCS. 1. A homicide committed under conditions other than any of the conditions mentioned in section 86 is not capital murder.

Any person who attempts —

Where a person who is under sentence of penal servitude or imprisonment for three years or more, attempts to commit —

Where on a charge of murder there is evidence on which the jury can find that the person charged was provoked (whether by things done

(1) The person on whom the law assigns a duty or who has taken upon himself any duty intended to preserve life and —. a) who regardless of the life, safety, well-being and health of others, neglects the performance of this duty or performs it negligently and thereby causes the death of another person; or. b) who acts negligently in such a way as to create an obvious and serious risk of causing physical injury to another person, thereby causing the death of that other person; commits the criminal offense of manslaughter. a) the degree of negligence must be higher than what is required to prove negligence for civil liability;.

A person convicted of manslaughter shall be liable on conviction on indictment to life imprisonment

Aiding and abetting suicide, attempt to commit suicide 94. a) aiding and abetting any person to commit suicide, regardless of whether the suicide has actually been committed or not, shall be punished on conviction with imprisonment for twenty years;. (1) When a person, acting in pursuance of a suicidal pact between himself and another, kills the other person or is a party to the killing of the other person by a third party, he or she commits manslaughter and is punishable on conviction on indictment for imprisonment for life. Pursuant to paragraph 1 "suicide pact" means a joint agreement between two or more persons for the purpose of the death of all of them, whether or not each of them is to take his own life, but nothing done by a person entering into a suicide pact shall treated as done by him or her under the covenant unless it occurs while he or she has the firm intention of dying under the covenant.

Any person who intentionally or recklessly —

(1) A person who commits assassination commits an offense and is liable on conviction on indictment to imprisonment for —. a) life, if it is committed by force and without the consent of the other person;. Any person who commits bigamy is liable on conviction on indictment to imprisonment for seven years. (1) Where an officer of a legal person or unincorporated association (or person pretending to act as such), with the intention of misleading members or creditors of the legal person or association about its affairs, a written publishes or agrees to the publication of a statement or account which according to his or her knowledge is or may be misleading, false or fraudulent in a material particular, he or she is liable on conviction on indictment to imprisonment for seven years.

(1) Whoever intentionally or recklessly uses an explosive to cause damage to a building, machine, machine or road or thing (movable or immovable property) shall be punished by indictment with a prison sentence of twenty years. Any person not subject to any war or navy articles aiding and abetting any act of disobedience by a person subject to such articles shall, on indictment, be punished with imprisonment for five years. Any person who, not subject to any of the war or navy articles, aids and abets mutiny by any person to whom such articles apply, shall, on indictment, be imprisoned for twenty years.

A person who forcibly attempts to prevent the execution of the person sentenced to death shall be punished with life imprisonment. A person who attempts to resist or prevent the execution of the law by resisting the lawful arrest of himself or of any other person for any reason other than a criminal offense shall, upon conviction upon indictment, be liable to a two years' imprisonment. Any juror or elector who commits the crime of corruption in relation to the discharge of the duties of his or her office shall, upon conviction upon indictment, be liable to imprisonment for ten years.

A public servant or juror guilty of extortion in connection with the performance of the duties of his office shall be liable upon conviction. (1) A civil servant or a juror who commits the crime of deliberate oppression in the performance of his duties shall be punished by indictment with a prison sentence of five years.

S UMMARY O FFENCES

Any person who deceives or misleads any other person by any false pretense shall, on indictment, be liable to imprisonment for five years, and if the deception is committed in relation to a notified plant or plant product, to imprisonment for six months. Any person who without lawful authority or excuse (whose proof rests upon him) mutilates, cuts, tears or pierces any bank-note, either by writing, printing, drawing or stamping thereon, or by attaching or affixing anything in the nature or form of a proclamation is subject to the summary penalty of a fine of one thousand dollars. 433.— (1) It shall be an offense for any person without lawful authority or justification (of which he or she is proof) to have in his or her custody or possession any false or forged bank-note resembling or is intended to resemble or pass for, any note of any foreign state or country, or any kind of note which is not a legal note, but which resembles or is apparently intended to resemble or pass for, any such note, or any other note of less value than the note of any foreign state or country. (2) A person who commits an offense under subsection (1) shall be liable on summary conviction to a fine of one thousand dollars for each false and counterfeit bank note found in his or her custody or possession, and in addition the Magistrate shall order confiscation and destruction of such false or.

Where any cattle, or carcase, head, skin or any part thereof is found in the possession or on the premises of any person, and that person does not satisfy the court that he or she was lawfully derived from such cattle, carcase, head, skin, or other part thereof, or of which he or she had no knowledge, he or she is liable on summary conviction to a fine of one thousand dollars. Where the whole or any part of any fence, or iron or wooden post, paling, rail, wire, post or gate is in the possession or on the premises of a person and that person does not obey the Court that he or she came lawful or that he or she was not aware thereof, he or she is liable on summary conviction to a fine of one thousand dollars and for any subsequent conviction for the same offense to imprisonment for one year. When the whole or part of any plant or plant product is found in the possession or on the premises of a person and that person does not satisfy the court that he or she came lawfully or that he or she had no knowledge of it. , he or she is liable on summary conviction to a fine of one thousand dollars, and for each subsequent conviction for the same offense, to imprisonment for one year.

A person who takes possession of a lost thing to deliver it to the owner or legal authority.