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

CRTMINAL CODE ss. 444,445 145
The offender is liable on such summary conviction to imprisonment
with hard labour for two years, OT to a fine of one thousand ddlars.
As amended by Act of 1943, 7 Geo. 6 No. 14, s. 20; Act of 1961, 10 Elk.
2 No. 12, s. 19; Act o€ 1973, No. 88, s. 6; Act of 1975, No. 27, s. 18; Act of 1976,
No. 25, ss 11, 19 Sch.
Courts of petty sessions now Magistrates Courts; see Justices Acts Amendment
Act of 2964, s. 2 (4).
are. Before the accused person is asked to show cause why
he should not be convicted, the justices are required to explain to him
that he is entitled to be tried by a jury, and is not obliged to make any
defence before them, and to ask him whether he objects to the charge
ealt with summarily.
If the accused person, or, in a case where the age of the accused
at the time of the alleged commission of the offence did not, in
nion of the justices, exceed seventeen years, his parent or guardian,
ot object to the justices dealing with the charge summarily, the
justices are required to reduce the charge to writing and to read it to the
accused person, and then to ask him whether he is guilty or not guilty
of the oAFence; and if he says that he is guilty they are to convict him
ence, but if he says that he is not guilty they are required to hear
his defence, and then deal with the charge su~marily.
If the justices find that the charge is proved, they may, whether
they impose any punishment or not, order the oRender to make restitution
of the property, if any, in respect of which the offence was committed,
to the owner thereof; and if the property is not at once restored, they may
order the offender to pay the amount of its value, to be assessed by them,
to the owner, either in one sum or by such instalments, and at such
times, as they think fit.
(1) If 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, and his parent or guardian
objects to the charge being dealt with summarily; or
(2) (Repealed.)
(3) If for any reason the justices are of opinion that the charge
is a fit subject for prosecution by indictment;
the justices are required to abstain from dealing with the case s ~ m ~ i l ~ ,
As amended by Act of 1964, No. 14, s. 13; Act of 1976, No. 25, s. 12.
CHAPTER XLIV-OFFENCES ANALOGOUS TO STEALING PUNISHABLE ON
SUMMARY CONVICTION
e. Any person who unlawfully uses a horse,
ss, mule, camel, bull, cow, ox, ram, ewe, wether, goat,
oung of any such animal, without the consent of the
owner, or of the person in lawful possession thereof, is guilty of an offence,
and is liable on summary conviction to imprisonment with hard labour
for one year, or to a fine of two hundred dollars for every animal so used.
ithout in any wise limiting the meaning of the term “unlawfully
uses,” such term shall, for the purposes of this section, also mean and
include the unlawful possession, by any person, of any horse, mare,
gelding, ass, mule, camel, bull, cow, ox, ram, ewe, wether, goat, or pig,
or the young of any such animal, without the consent of the owner or
of the person in lawful possession thereof, and with intent to deprive the
owner or person in lawful possession thereof of the use and/or possession