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

188 ss. 583-585 CRIMINAL CODE
of an offence, such last-named offence being itself of such a nature that
a person may be convicted of it upon an indictment charging him with
committing the offence of which the accused person would have been
guilty if he had himself done the act or made the omission which he is
alleged to have procured to be done or made.
3. ~ ~ ~ for ~ A ~ C ~ ~ n enrce. r Upon an indictment
charging a person with committing any offence, he may be convicted of
attempting to commit that offence, or of attempting to commit any other
offence of which he might be convicted upon the indictment.
Upon an indictment charging a person with procuring the commission
of any offence, he may be convicted of att~mpting to procure
the commission of that offence, or of attempting to procure the commission
of any other offence of such a nature that a person may be convicted of
it upon an indictment charging him with ~mmitting the offence of
which the accused person is alleged to have procured the commission.
Upon an indictment charging a person with attempting to commit
any offence, he may be convicted of attempting to commit any other
offence of such a nature that a person rnay be convicted of it upon an
indictment charging him with committing the o-hlFence which the accused
person is alleged to have attempted to commit.
Upon an indictment charging a person with attempting to procure
the commission of any offence, he rnay be convicted of attempting to
procure the commission of any other offence of such a nature that a
person may be convicted of it upon an indictment charging him with
Committing the offence of which the accused person is alleged to have
attempted to procure the commission.
Upon an indictment charging a person with attempting to procure
another to do an act or make an omission of such a nature that if the
act had been done or the omission had been made, an offence would
thereby have been committed he may be convicted of attempting to
procure that other person to do any other act or make any other omission
of such a nature that if the act had been done or the omission had been
made an offence would thereby have been comm~tted, such last-mentioned
offence being itself of such a nature that a person may be convicted of it
upon an in~ictment charging him with doing the act or making the
omission which the accused person is alleged in the indictment to have
attempted to procure that other person to do or make.
re. If, on the trial
e, the evidence establishes
that he is guilty of another indictable offence of such a nature that upon
an indictment charging him with it he might have been convicted of the
offence with which he is actually charged, he may be convicted of the
offence with which he is so charged.
A person so tried is not liable to be afterwards prosecuted €or
the offence so established by the evidence, unless the Court before which
the trial is had thinks fit to discharge the jury from giving any verdict,
and to direct the accused person to be indicted for that offence; in which
case he may be dealt with in all respects as if he had not been put
upon his trial for the offence with which he is actually charged.
p1. A person convicted under any of the foregoing
provisions of this Chapter is liable to the same punishment as if he had
been convicted on an indictment charging him with the offence of which
he is actually convicted.