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

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CRIMINAL CODE s. 567 183<br />

to anything in or taken from a public office, it is not necessary to allege<br />

that the thing in respect of which the offence is committed is the property<br />

of any person.<br />

(12) In an indictment for an offence relating to a document which<br />

is evidence of title to land or an estate in land, the document may be<br />

described as being evidence of the title of the person or some one of the<br />

persons having an estate in the land to which the document relates, the<br />

land or some part thereof being described in some manner sufficient to<br />

identify it.<br />

(13) In an indictment for stealing a chattel or fixture let to the<br />

offender, the chattel or fixture may be described as the property of the<br />

person who actually let it to hire.<br />

(14) In an indictment against a person employed in the Public<br />

Service for an offence committed with respect to anything which came<br />

into his possession by virtue of his employment, the thing in question<br />

may be described as the property of Her Majesty.<br />

(15) In an indictment for an offence respecting any property if it is<br />

uncertain to which of two or more persons the property belonged at the<br />

time when the offence was committed, the property may be described as<br />

being the property of one or other of such persons, naming each of them,<br />

but without specifying which of them; and the indictment will be sus-<br />

tained, so far as regards the allegation of ownership, upon proof that at<br />

the time when the offence was committed the property belonged to one<br />

or other of such persons without ascertaining which of them.<br />

(16) In an indictment for the offence of obtaining or procuring the<br />

delivery of anything capable of being stolen by a false pretence and with<br />

intent to defraud, or of obtaining any property by means of a fraudulent<br />

trick or device, or of inducing by means of any such trick or device the<br />

payment or delivery of any money or goods, or of attempting to commit,<br />

or to procure the commission of, any such offence, it is not necessary<br />

to mention the owner of the property in question.<br />

(17) In an indictment for an offence which involves any fraud or<br />

fraudulent pretence or trick or device, it is not necessary to set forth the<br />

details of the fraud or pretence or trick or device,<br />

(18) In an indictment for an offence relating to an insolvent it is<br />

not necessary to set forth any debt, act of insolvency, adjudication, or<br />

other proceeding in any Court, or any order, warrant or document, made<br />

or issued by or out of, or by the authority of, any Court.<br />

7. ~o~~~~~ of Charges. (1) Except as otherwise expressly<br />

provided, an indictment must charge one offence only and not two or<br />

more offences.<br />

(2) Charges for more than one indictable offence may be joined<br />

in the same indictment against the same person if those charges are<br />

founded on the same facts or are, or form part of, a series of offences of<br />

the same or similar character or a series of offences committed in the<br />

prosecution of a single purpose.<br />

Where more than one offence is charged in the same indictment,<br />

each offence charged shall be set out in the indictment in a separate<br />

paragraph called a count and the several statements of the offences may<br />

be made in the same form as in other cases without any allegation of<br />

cwnection between the offences.<br />

Counts shall be numbered consecutively.<br />

Substituted by <strong>Act</strong> of 1946, No. 25, s. 13.

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