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

CRIMINAL CODE §S. 586-590 189
t Practices. If, on the trial of a person charged with an
indictable offence relating to elections the evidence establishes that he is
not guilty of the offence charged, but is guilty of an offence relating to
elections and punishable on summary conviction, he may be convicted of
such lastmentioned offence, and is liable to the same punishment as if he
had been summarily convicted of that offence.
ractices. If, on the trial of a person charged with an offence
relating to elections and punishable on summary conviction, the evidence
establishes that he is guilty of an indictable offence relating to elections,
he is not entitled to have the charge dismissed if the evidence also
establishes that he did any act or acts such as to constitute the offence
with which he is actually charged.
~ ~ of &,&ea a ~ ~ e. If, e on the trial of a person charged with
stealing a horse, mare, gelding, ass, mule, camel, bull, cow, ox, ram,
ewe, wether, goat, or pig, or the young of any such animal, the evidence
establishes that he is not guilty of the offence charged, but is guilty of
any of the offences following, that is to say,-
(a) Unlawfully using the animal without the consent of the
owner, or of the person in lawful possession thereof;
(b) Branding or marking the animal, or knowingly permitting
it to be branded or marked, with his registered brand or
registered mark, knowing that he is not the owner of the
animal;
(c) Altering or defacing, or otherwise rendering undistinguishable,
any registered brand or registered mark upon the animal;
(d) Knowingly permitting any such act as last aforesaid to be
done by any person over whom he has control,
he may be convicted of the offence so established by the evidence, and
is liable to the same punishment as if he had been summarily convicted
of that offence.
989. In en$ for Joint g. Upon an indictment charging two
or more persons jointly with an offence of which the receiving of any
property is an element, if the evidence establishes that one or more of
them separately received any part or parts of the property under such
circumstances as to constitute an offence, such one or more of the
accused persons may be convicted of the oEence or offences so established
by the, evidence.
CHAPTER LXII-TRIAL : ADJ~URN~~~T : PLEAS : PRACTICE
59 . (1) A person committed for trial before any
Court for an indictable offence may, orally or in writing at any time
during any Sittings of the Court held after his conimittal, make
application to the Court to be brought to his trial.
An application pursuant to this section shall be dealt with in open
court and where the application is in writing may be dealt with in the
absence of the applicant.
(2) If an indictment is not presented against the person committed
for trial at some time during the first Sittings of the Court held after his
committal, the Court shall, upon motion made on his behalf on the last
day of those Sittings, admit him to bail unless it appears from evidence
upon oath that some material evidence for the Crown could not be
produced at those Sittings.
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