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

CRIMINAL CODE SS. 449-452 147
It is a defence to a charge of the offence defined in this section to
prove that the accused person came lawfully by the animal in question.
Inserted by the Criminal Code (Prohibition of Secret Commissions) and
Flurther Amendment Act ot 1931, 22 Geo. 5 No. 40, s. 16; as almended by Act
of 1961, 10 Elk. 2 No. 11, s. 24; Act of 1973, No. 88, s. 10.
Decimal currency reference substituted pursuant to section 7 of Decimal
Currency Act of 1965.
~ ~ ~ A prosecution ~ c ~ for ~ any of Q the ~ offences . defined
in sections four hundred and forty-five, four hundred and forty-seven, and
four hundred and forty-eight aforesaid, may be begun within one year
after the offence is committed, or within one month after the discovery
of the oBence, whichever is the later period.
As amended by the Criminal Code (Prohibition of Secret Commissions) and
Flirther Amend~mment Act of 1931, 22 Geo. 5 No. 40, s. 17; and by Act of 1961, IO
Elk 2 NQ. 11, s. 25.
ittd for Trial, If the justices before whom any person is
~ ~ o ~ charged ~ h t with , any of the offences hereinbefore in this Chapter
defined, are of opinion that there ought to be a prosecution for an indictable
offfence, they may abstain from dealing with. the case summarily, and
commit the defendant to take his trial for the indictable offence.
$51. POSSeSSiOEt Qf Any person in whose
posse n whose prern belongs to a vessel in
distress, or wrecked, or stranded, is found, and which is suspected, on
reasonable grounds, to have been unlawfully taken from the vessel, is
guilty of an offence unless he proves that he came lawfully by the thing
uestio~; and he is liable on summary conviction to imprisonment
hard labour for six months, or to a fine of an amount equal to the
value of the thing so found, and forty dollars in addition.
e justices are required to order the thing in question to be
delivered up to the rightful owner.
It is a defence to a charge of the ofEence defined in this section to
prove that the accused person came lawfully by the thing in question.
Decimal currency reference substituted pursuant to section 7 of Decimd
Currency Act of 1965,
e. Any person who offers or
y thing which is suspected, on reasonable grounds, to
u~lawfully taken from a vessel in distress, or wrecked, or
ilty of an offence unless he proves that he came lawfu~y
estion; and he is liable on summary conviction to
ard labour for six months, or to a h e of an amount
to the value of the thing in question, and forty dollars in additio~~
ublic Service may seize any such thing
If the accused person is convicted, the justices before whom the
charge is tried are required to order the thing in question to be delivered
up to the ~ ~g~tful owner thereof upon payment of a reasonable reward, to
be ascertained by the justices, to the person. who seized the same.
It is a defence to a charge of either of the offences defined in this
section to prove that the accused person came lawfully by the thing in
question.
Decimal currency reference substituted pursuant to section 7 of Decimal
Currency Act of 1965.