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

186 ss. 573-578 CRIMINAL CODE
573. ~ ~ ~ ~ ~ The ~ lCourt a r may, s . in any case, if it thinks fit, direct
particulars to be delivered to the accused person of any matter alleged in
the indictment, and may adjourn the trial for the purpose of such
delivery.
574. Summq ~Qnv~e~~o s. The provisions of this Chapter relating to
indictments apply to complaints preferred against offenders upon their
trial before justices in order to their summary conviction of an indictable
offence.
CHAPTER
emaces irmvohing ~ ~ ~ of A ~ g ~ ~ $ vExcept a ~ ~ ~ as ~ herein- ~ . ~
after stated, upon an indictment charging a person with an offence
committed with circumstances of aggravation, he may be convicted of
any offence which is established by the evidence, and which is constituted
by any act or omission which is an element of the offence charged, with
or without any of the circumstances of aggravation charged in the
indictment.
~ e
LXI-EFFECT OF INDICTMENT
576. Indictment Csnedlllnlnng Count of rder or ~a~~l~Mg~~er.
Upon an indictment against a person containing a count of the crime
of murder, he may be convicted on that count of the crime of manslaughter
if that crime is established by the evidence but not on that count
of any other offence than that with which he is charged except as otherwise
expressly provided.
Upon an indictment against a person co~t~ning a count of the crime
of manslaughter he cannot on that count be convicted of any other offence
except as otherwise expressly provided.
Substituted by Act of 1976, No. 25, s. 15.
s. 18 of Act of 1976, No. 25 reads as follows:-
“18. Transitional provision. Where a person is charged on indictment
before the commencement of this Act and the trial on indiutment is
continued after that commencement, the propriety of a joinder of charges
shall be judged as if this Act had not been passed.”
i~de of Clhdd. Provided that upon an indictment
charging a person with the murder of any person, or with unlawfully
killing any person, if upon the evidence it appears that the person
alleged to have been killed was a child of which a woman had
recently been delivered, the accused person may be convicted of the
offence of preventing the child from being born alive by an act or
omission of such a nature that, if the child had been born alive and
had then died, he would be deemed to have unlawfully killed the child,
or of the offence of endeavouring by a secret disposition of the dead
body of the child to conceal the birth, if either of those offences is
established by the evidence.
As amended by Act of 1971, No. 41, s.7.
578. Charge of ernees. Upon an indictment charging a
person with the crime of rape or with the crime of having unlawful carnal
knowledge of a girl under the age of twelve years, he may be convicted
of any offence which is established by the evidence, and of which the
unlawful carnal knowledge of a woman or girl, whether of a particular
age or description or not, is an element, and blood relationship is not an
element, or of which procuring the woman or girl to have unlawful carnal
connection with any man is an element: