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

144 s.443 CRIMINAL CODE
defraud, or obtaining credit by any false pretence or any
wilfully false promise, or partly by a false pretence and partly
by a wilfully false promise, or by any other fraud;
(fa) Obtaining from any other person any chattel, money OF
valuable security by passing a cheque that is not paid on
presentation for payment;
(g) Obtaining by means of a fraudulent trick or device anything
capable of being stolen, or inducing, by means of any such
trick or device, the delivery or payment of any money or
goods or other thing capable of being stolen;
(h) Attempting to commit any of the offences aforesaid;
(i) Receiving anything which has been obtained by means of a
crime or misdemeanour of such a nature, or committed under
such circumstances, that the offender who committed the
crime or misdemeanour might be summarily convicted under
the provisions of this section;
(j) Counselling or procuring the commission of any of the
offences aforesaid;
then, if the age of the accused person at the time of the alleged commission
of the offence was in the opinion of the justices greater than twelve years,
and if- (1) The value of the property in question does not exceed five
hundred dollars; or
(1~) In a case of stealing, the thing stolen is any of the things
following, that is to say, a horse, mare, gelding, ass, mule,
camel, bull, coiw, ox, ram, ewe, wether, goat or pig, or the
young of any such animal and the value thereof does not
exceed one thousand dollars; or
(2) The age of the accused person at the time of the alleged
commission of the offence did not in the opinion of the
justices exceed seventeen years; or
(3) The accused person admits that he is guilty of the offence,
and it appears to the justices that the nature of the offence
is such, whatever may be the value of the property in
question, that the offender may be adequately punished upon
summary conviction;
the justices may deal with the charge summarily.
Provided that the complaint may, with the consent of the accused
person also be heard and determined at a place appointed for holding
Courts of Petty Sessions within the district in which the accused person
was arrested or served with the summons as provided under The Justices
Acts, 1886 to 1942:
Provided further that where a court of summary jurisdiction deals
summarily with any charge under this section such Court shall have
jurisdiction to so deal summarily notwithstanding that more than one
year has elapsed from the time when the matter of complaint in respect
of the charge arose:
Provided further that in a case of stealing, where the thing stolen
is any of the things referred to1 in subparagraph (1~) of this section and
the value thereof exceeds one thousand dollars, the justices shall not
deal with the charge summarily notwithstanding the provisions of subparagraph
(3) of this section.