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

CRIMINAL CODE s.480 155
CHAPTER XLVII-SUMMARY CONVICTION FOR CERTAIN OFFENCES
nces wlhicla may be dealt with Sarnmady. When a person is
charged before two justices with any of the indictable offences following,
that is to say,-
(a) Wilfully and unlawfully destroying or damaging any property,
under such circumstances that the greatest punishment to
which an offender convicted of the offence is liable, does not
exceed impriso~ment for three years with hard labour;
(b) Wilfully and unlawfully killing, maiming, or wounding, any
animal capable of being stolen;
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 amount of the injury done does not exceed five hundred
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 amount of the injury done, that
the offender may be adequately punished upon suma~y
conviction;
the justices may, except as hereinafter stated, 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 ob
the charge arose.
The offender is liable on such summary conviction to impriso~~ent
with hard labour for two years, or to a fine of an amount equal to the
amount of the injury done, to be assessed by the justices, and one
thousand dollars in addition.
The justices may order the offender to pay the amount awarded
in respect of the injury either in one sum or by such instalments and at
such times as they think fit.
If it appears that the injury complained of was done in the course
of hunting or fishing, or in the pursuit of game, and was not done with
an intention to destroy or damage the property injured, the justices cannot
deal with the case summarily.
As amended by Act of 1943, 7 Geo. 6 No. 14, s. 23; Act of 1961, 10 Eliz. 2
No. 11, s. 26; Aat of 1964, NO. 14, s. 16; Act of 3975, NO. 27, s. 19; Act of
1976, No. 25, s. 19 Sch.
Courts of petty sessions now Magistrates Courts; see Justices Acts A~end~en~
Act of 1964, s. 2 (4).