The Criminal Code Act 1899 - Ozcase Queensland Historical Legal ...

110 SS. 345-350 CRIMINAL CODE
If the justices find that the assault is an offence of a sexual nature
and that the person assaulted is a child under the age of seventeen years,
they may in addition to or before sentencing the person found guilty of
such assault proceed to exercise the powers conferred on a court of petty
sessions or justices in such circumstances by Part 1V Of The Criminal
Law Amendment Act of 1945.
This section shall be read as subject to the provisions of section
three hundred and forty-two hereof.
As amended by Act of 1943, 7 Geo. 6 No. 14, s. 12; Act of 1946, 11 Geo. 6
No. 6, s. 6; Act of 1961, 10 Eliz. 2 No. 11, s. 10; Act af 1975, No. 27, S. 9.
Court of petty sessions now Magistrates Court; see Justices Acts Amendment
Act of 1964, s. 2 (4).
345. Effect of ~~~~a~ Conviction or Disidsssal. When a cornplaint of
an assault has been heard upon the merits before justices, on complaint
by or cm behalf of the party aggrieved, under section 343, 343~ or 344,
and they dismiss the complaint, they are required forthwith to make out
a certificate of the fact of such dismissal and to give it to the accused
persoa.
Any person who has obtained such a certificate: of dismissal, or
who has been convicted, and has paid the &e and costs or has endured
the punishment adjudged, if any, is released from all further proceedings,
civil or criminal, for the same cause.
As amended by Act of- 1975,, No. 27, s. 10.
346. Assaults in ~te~ere~c~ with Free m of Trade or
person who assaults another with intent to hinder or prevent him from
working at or exercising his lawful trade, business, or occupation, or
from buying, selling, or otherwise dealing, with any property intended
for sale, is guilty of an offence, and is liable on summary conviction to
imprisonment with hard labour for three months.
CHAPTER XXXPI-ASSAULTS ON FEMALES: AEDUCTION
347. ~~~~~~~~ of e. Any person who has carnal knowledge of a
woman, or girl, no wife, without her consent, or with her consent,
if the consent is obtained by force, or by means of threats or intimidation
of any kind, or by fear of bodily harm, or by means of false and fraudulent
representations as to the nature of the act, or, in the case of a married
woman, by personating her husband, is guilty of a crime, which is called
rape.
As amended by the Criminal Code Correction of Errors Act of 1900, 64 Vic.
No. 7, s. 1.
348. ~~~~~~m~~~ o person who commits the crime of rape
is liable to impriso rd labour for life.
349. A ~ to CO e ~ . ~ Any person ~ who attempts to commit the
crime of rape is e, and is liable to imprisonment with
hard labour for fourteen years.
As amended by Act of 1943, 7 Geo. 6 No. 14, s. 13.
350. ~~~~~~~t Assaults on males. Any person who unlawfully and
indecently assaults a woman or girl is guilty of a misdemeanour, and is
liable to imprisonment with hard labour for seven years.
As amended by Act of 1975, No. 27, s. 41 Sch.