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

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

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CRIMINAL CODB SS. 358-361 113<br />

awfnl C~st~dly of Insane Person:Any person who detains or<br />

assumes the custody of an insane person contrary to the provisions of the<br />

laws relating to insane persons is guilty of a misdemeanour, and is liable<br />

to imprisonment for two years.<br />

359. Threats. Any person who threatens to do any injury, or cause any<br />

detriment, of any kind to another with intent to prevent or hinder that<br />

other person from doing any act which he is lawfully entitled to do, or<br />

with intent to compel him to do any act which he is lawfully entitled to<br />

abstain from doing, is guilty of a misdemeanour, and is liable to imprison-<br />

ment for one year or to a fine of four hundred dollars.<br />

As amended by <strong>Act</strong> of 1961, 10 Eh. 2 No. 11, s. 12.<br />

Decimal currency reference substituted pursuant to section 7 of Decimal<br />

Currency <strong>Act</strong> of 1965.<br />

CHAPTER XXXIV-OFFENCES RELATING<br />

RIGHTS<br />

TO MARRIAGE AND PARENTAL<br />

AND DUTIES<br />

360, y. Any person whoeing<br />

married, goes through the form of marriage with any<br />

other person during the life of his or her wife or husband;<br />

or<br />

(2) Goes through the form of marriage with any person whom<br />

he or she knows to be married;<br />

is guilty of a crime, and is liable to imprisoIi~ent with hard labour for<br />

seven years.<br />

It is a defence to a charge of either of the offences defined in this<br />

section to prove that at the time of committing the alleged offence the<br />

wife or husband of the person already married had been continually absent<br />

from him or her for the space of seven years then last past, unless it is<br />

shown that the accused person knew that such wife or husband was living<br />

within that time.<br />

<strong>The</strong> wife or husband as the case may be of the accused person shall<br />

be a competent witness for the prosecution or defence with or without the<br />

consent of such accused person, but shall not be a compellable witness<br />

against such accused person.<br />

As amended by <strong>Act</strong> of 1943, 7 Geo. 6 No. 14, s. 14.<br />

arriage. Any person who-<br />

( 1 ) Celebrates, or attempts or professes to celebrate, the marriage<br />

of any person who, to his knowledge, is under the age of<br />

eighteen years, and is not a widower or widow, without<br />

the written consent of some person authorised by law to give<br />

such consent, or with a written consent which, to his know-<br />

ledge, is not given by a person authorised by law to give it;<br />

or<br />

(2) Celebrates, or attempts or professes to celebrate, any marriage<br />

contrary to the provisions of the laws relating to the<br />

solemnization of marriage; or<br />

(3) Celebrates, or attempts or professes to celebrate, any marriage<br />

in any case in which any provision of those laws has not<br />

been complied with, knowing that it has not been complied<br />

with; or

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