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

184 s. 568 CRIMINAL CODE
568. Cases in which several Charges may be Joined. (1) In an indictment
against a person for stealing money, the accused person may be
charged and proceeded against for the amount of a general deficiency,
notwithstanding that such general deficiency is made up of any number
of specific sums of money the taking of which extended over any space
of time.
(1~) In an indictment against a trustee to whom The Trust
Accounts Acts, 1923 to 1925, or any Act in amendment thereof or in
substitution therefor, apply or applies, for stealing money or for an offence
under section four hundred and thirty-six of this Code, the Trustee may
be charged and proceeded against for the amount of a general deficiency
notwithstanding that such general deficiency is made up of any number
of specific sums of money, such sums being the property of different
persons, the taking of which extended over any space of time.
(1~) In an indictment against a person for stealing cattle the
property of the same person, the total number of cattle alleged to have
been stolen rnay be included in one charge notwithstanding that such
cattle were stolen at different times, and on the trial of the person so
charged the prosecutor is not to be required to elect to proceed in res
of two or three acts of stealing only.
(2) (Repealed. 1
(4) Charges of stealing any property and ob receiving the same
property, or any part thereof, knowing it to have been stolen, may be
joined in the same indictment, and the accused person may, according to
the evidence, be convicted either of stealing the property or of receiving
it, or any part of it, knowing it to have been stolen.
When such an indictment is preferred against two or more persons,
all or any of the accused persons may, according to the evidence, be
convicted either of stealing the property or of receiving it, or any part
of it, knowing it to have been stolen; or, according to the evidence, one
or more of them may be convicted of stealing the property, and
the other or others of them of receiving it, or any part of it, knowing it to
have been stolen:
Provided that if the jury find specially that the accused person,
or all or any of the accused persons, when the indictment is preferred
against two or more persons, either stole the property, or received it, or
any part of it, knowing it to have been stolen, and that they are unable
to say which of those offences was committed by such person or persons
as the case may be, such person or persons shall not by reason thereof
be entitled to be acquitted, but the judge shall enter a conviction for the
offence for which the lesser punishment is provided.
(5) Any number of persons charged with committing or with pro-
curing the commission of the same offence, although at different times,
or of being accessories after the fact to the same offence, although at
different times, and any number of persons charged with receiving,
although at different times, any property which has been obtained by
means of a crime or misdemeanour, or by means of an act which if it
had been done in Queensland would be a crime or misdemeanour and
which is an offence under the laws in force in the place where it was
done, or any part of any property so obtained, rnay be charged with
substantive offences in the same indictment, and may be tried together
notwithstanding that the principal offender or the person who so obtained
the property is not included in the same indictment, or is not amenable
to justice.