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

CRIMINAL CODE SS. 538-542 175
538. Reduction of Bmishent. When a person is convicted of attempting
to commit an offence, if it is proved that he desisted of his own motion
from the further prosecution of his intention, without its fulfilment being
prevented by circumstances independent of his will, he is liable to
one-half only of the punishment to which he would otherwise be liable.
If that punishment is imprisonment with hard labour for life, the greatest
punishment to which he is liable is imprisonment with hard labour for
seven years.
539. Attempts to Procure Commission of Crhhd Acts. Any person who
attempts to procure another to do any act or make any omission, whether
in Queensland or elsewhere, of such a nature that, if the act were done or
the omission were made, an offence would thereby be committed under
the laws of Queensland, or the laws in force in the place where the act
or omission is proposed to be done or made, whether by himself or by
that other person, is guilty of an offence of the same kind and is liable to
the same punishment as if he had himself attempted to do the same act
or make the same omission in Queensland.
Provided that if the act or omission is proposed to be done or made
at a place not in Queensland, the punishment cannot exceed that which
he would have incurred under the laws in force where the act or omission
was proposed to be done or made, if he had himself attempted to do
the proposed act or make the proposed omission.
Provided also that in the last-mentioned case a prosecution cannot
be instituted except at the request of the Government of the State having
jurisdiction in the place where the act or omission was proposed to be
done or made.
As amended by the Criminal Code Correction of Errors Act of 1900, 64 Vic.
No. 7, s. I.
540. Preparation to Commit Crimes wk Posives, etc. Any person who
makes or knowingly has in his possession any explosive substance, or
any dangerous or noxious engine, instrument, or thing whatever, with
intent by means thereof to commit, or for the purpose of enabling any
other person by means thereof to commit, any crime, is guilty of a crime,
and is liable to imprisonment with hard labour for three years, with or
without solitary confinement a
As amended by the Criminal Code Correction of Errors Act of 1900, 64 Vic.
No. 7, s. 1.
CHAPTER LVI-CONSPIRACY
541. Conspiracy to CO it Crime. Any person who conspires with
another to commit any crime, or to do any act in any part of the world
which if done in Queensland would be a crime, and which is an offence
under the laws in force in the place where it is proposed to be done, is
guilty of a crime, and is liable, if no other punishment is provided, to
imprisonment with hard labour for seven years; or, if the greatest
punishment to which a person convicted of the crime in question is liable
is less than imprisonment with hard labour for seven years, then to such
lesser punishment.
542. Conspiracy to Commit other OEences. Any person who conspires
with another to commit any offence which is not a crime, or to do any
act in any part of the world which if done in Queensland would be an
offence but not a crime, and which is an offence under the laws in force
in the place where it is proposed to be done, is guilty of a misdemeanour,
and is liable to imprisonment with hard labour for three years.