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

132 SS. 425~427 CRIMINAL CODE
(f) Being in any building whatever by night with intent to
commit an indictable oEence therein;
is guilty of a crime, and is liable to imprisonment with hard labour for
hree years.
If the offender has been previously convicted of‘a crime relating to
property, he is liable to ~ m~riso~ent with hard labour for seven years.
As amended by Act of 1976, No. 25, s. 10.
ses of ter* For the purposes of this
’ includ tent, caravan, railway vehicle,
ship, aircraft or vessel and any part of a building.
F5r the purposes of sections 421 and 422 the term “place” means-
‘a) a building or structure and any part thereof other than a
d welling-h ou s e;
ab) a tent, caravan, railway vehicle, ship, aircraft or ve
c> any place declared by the Governor in Council by
Council tol be a place for the purposes of those smtions.
Inserted by Act of 1943, 7 Ceo. Eh No. 14, s. 16; substituted by Act of 1975,
No. 21, s. 16.
PRETENCES: CHEATING
CHAPTER X~r---@iTRIMING ROPERTY BY FALSE
Heading as amended by the Criminal Code Correction of Errors AGt of 1900,
64 Vic. No. 7, s. 1.
~~~~~~~~* Any representation made by words or otherwise of a
mttter of fact, either past or present, which representation is false in fact,
and which the person making it knows to be false or does not believe to
bf\ true, is a false pretence.
A promise made by words or otherwise to do or omit to do anything
b$l a person who at the time of making the promise does not intend to
giicrfom it or does not believe he will be able to perform it is a wilfully
false promise.
As amended by Act of 1961, 20 Eliz. 2 No. 11, s. 4.
ny persoil who by any false pretence or wilfully false
promise or partly by a false pretence and partly by a wilfully false
promise and with intent to defraud obtains from any other person any
chattel, money or valuable security or induces any other person to
deliver to any person any chattel, money or valuable security is guilty
of a crime and is liable to imprisonment with hard labour for five years.
It is immaterial that the thing is obtained or its delivery is induced
through the medium of a contract induced by the false pretence or the
wi~u~y false promise or partly by a false pretence and partly by a wilfully
false promise as the case may be.
(2) Any person incurring any debt or liability who obtains credit
by any false pretence or by any vdfully false promise or partly by a
false pretence and partly by a wilfully false promise or by any other
fraud is guilty of a misdemeanour and is liable tu imprisonment with
hard labour for one year.
43) The oEender cannot be arrested without warrant for any offence
against this section unless found committing the offence.
Substituted by Act of 1961, 10 Eliz. 2 No. 11, s. 17.