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

194 ss. 599-603 CRIMINAL CODE
(6) That he has received the Royal pardon for the offence
charged in the indictment; or
(7) That the Court has no jurisdiction to try him for the
offence,
Two or more pleas may be pleaded together, except that the plea of
guilty cannot be pleaded with any other plea to the same charge.
An accused person may plead and demur together.
As amended by Act of 1976, No. 25, s. 17.
5 efelace of nut
A person charged with the unlawful publication of defamatory matter,
who sets up as a defence that the dcfamatory matter is true and that
it was for the public benefit that the publication should be made, must
plead that matter specially, and may plead it with any other plea, except
the plea of guilty.
dted for Sentence. When a person has been committed
by a justice for sentence for an offence, he is to be called upon to plead to
the indictment in the same manner as other persons, and may plead either
that he is guilty of the offence charged in the indictment or, with the
consent of the Crown, of any other offence of which he might be convicted
upon the ~n~ictment.
If he pleads that he is not guilty, the Court, upon being satisfied
that he duly admitted before the justice that he was guilty of the offence
charged in the indictment, is to direct a plea of guilty to be entered,
notwithstanding his plea of not guilty. A plea SO entered has the same
effect as if it had been actually pleaded.
If the Court is not so satisfied, or if, notwithstanding that the
accused person pleads that he is guilty, it appears to the Court upon
examination of the depositions of the witnesses that he has not in fact
committed the offence charged in the indictment or any other offence
of which he might be convicted upon the indictment, the plea of not
guilty is to be entered, and the trial is to proceed as in other cases when
that plea is pleaded.
A person who has been co~mitted for sentence may plead any of
the other pleas mentioned in the last preceding section but one.
01. ~~a~~~~~ Mute. If an accused person, on being called upon to plead
to an indictment, will not plead or answer directly to the indictment, the
Court may, if it thinks fit, order a plea of not guilty to be entered on
behalf of the accused person. A plea so entered has the same effect as
if it had been actually pleaded,
nit. In a plea that the
'accused person has already been convicted or acquitted, it is sufficient
to state that he has been lawfully convicted or acquitted, as the case may
be, of the offence charged in the indictment, or of the other offence of
which he alleges that he has been convicted or acquitted, and, in the latter
case, to describe the offence by any term by which it is commonly known.
Ilea to the ~ ~ ~ ~ ~ ~ c
Upon a plea to the jurisdiction of
the Court, the Court is to proceed to satisfy itself in such manner and
upon such evidence as it thinks fit, whether it has jurisdiction or not,
and may ascertain the fact by the verdict of a jury or otherwise.