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

CRIMINAL CODE SS. 442M, 443 143
442~. (1 ) Custom o~E its no Defence. In any prosecution under this
Chapter it does not amount to a defence to show that the receiving,
soliciting, giving, or offering of any valuable consideration therein
mentioned or referred to is customary in any trade, business, or calling.
sion. pf in. any
le consideratior.
has been received or solicited by an agent from or given or offered to an
agent by any person having business relations with the principal, without
the assent of the principal, the burden of proving that such valuable
consideration was not received, solicited, given, or ogered in contravention
of any of the provisions of this Chapter shall be on the accused.
(3 ) Consent It0 rosecution. No prosecution under this Chapter shall
be commenced without the consent of a Crown Law Officer.
Inserted by Criminal Code (Prohibition of Secret Com~issions) and Further
Amendment Act of 1931, 22 Geo. 5 No. 40, s. 13.
CHAPTER XLIII-SUMMARY CQNVICTIQN
INDICTABLE OFFENCES
FOR STEALING AND LIKE
following, that is to say,-
(a) Stealing anything of such a kind and under such circum-
stances that the greatest punishment to which am offender
convicted of the offence is liable does not exceed imprison-
ment for three years with hard labour;
(b) Killing, with intent to steal the skin or carcass or any part
of the skin or carcass, any animal of such a kind that the
greatest punishment to which an offender convicted of the
offence of stealing the animal is liable does not excee
imprisonment for three years with hard labour;
(c) Stealing anything from the person of another;
(ca) Stealing by a person employed in the Public Service of
anything that is the property of Her Majesty or that came
into his possession by virtue of' his employment;
(d) Stealing by a clerk OF servant of anything which is the
property of his employer, or wbich came into his possession
on account of his employer;
(e) Making anything moveable with intent to steal it, without
circumstances of aggravation;
(ea) Any offence defined in section 406;
(eb) Any offence defined in sections 419, 420, 422. and 422
where-
(i) the indictable olffence intended or, as the case may be,
committed is stealing;
(ii) the offender was not, at the time the offence was committed,
armed with a dangerous weapon nor equipped with
an instrument of safebreaking nor in company with a person
so armed or equipped;
(iii) the value of any property stolen does not exceed five
hundred dollars;
(ec) Any offence defined in section 425;
(f) Obtaining or procuring the delivery of anything by a false
pretence or wilfully false promise, or partly by a false pretence
and partly by a wilfully false promise, with intent to