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

200 ss. 631-435 CRIMINAL CODE
(3) If he pleads guilty, or if upon trial he is convicted of the
subsequent offence, he is then, and not before, to be asked
whether he had been previously convicted as alleged in the
indictment:
(4) If he answers that he had been so previously convicted,
the Court may proceed to pass sentence upon him accordingly:
(5) If he denies that he had been so previously convicted, or
will not answer directly to the question, the jury are then
to be charged to inquire concerning the previous conviction
or convictions; and in that case it is not necessary that the
jury should be sworn afresh, but the oath already taken by
them is deemed to extend to such last-mentioned inquiry.
Provided that, if on the trial of a person charged with a subsequent
offence, he offers evidence of his good character, the Crown may, in
answer thereto, and before any verdict is given, offer evidence of his
conviction of the previous offence or offences, and in that case the jury
are required to inquire concerning the previous conviction or convictions
at the same time that they inquire concerning the subsequent offence.
31. em. When the issues raised by any plea or pleas, except
the plea of not guilty, have been found against an accused person wha
has not pleaded the plea of not guilty, he is to be called upon to plead
afresh, and, if those issues have been tried by a jury, the Court may
direct the issues raised by any fresh plea to be tried by the same jury or
by another jury. If the Court directs them to be tried by the same jury,
it is iiot necessary that the jury should be sworn afresh, but the oath
already taken by them is to be deemed to extend to the trial of such fresh
issues.
CHAPTER LXIHI-EVIDENCE : P~ES~M~TIONS QF FACT
%ces. A person cannot be convicted of an offence on the
uncorroborated testimony of an accomplice or accomplices.
33. ~ v on d= ~ ~ SQB. ~ On the ~ trial c of a person ~ charged
with treason evidence cannot be admitted of any overt act not alleged
in the indictment.
. On the trial of a
person charged with an offence of which the giving of false testimony
by any person at the trial of a person charged with an offence is an
element, a certificate setting out the substance and effect only, without
the formal parts, of the indictme~t or co~plaint, and the proceedings at
the trial, and purporting to be signed by the oficer having the custody
of the records of the Court where the indictment or complaint was tried,
or by his deputy, is sufficient evidence of the trial, without proof of the
signature or official character of the person who appears to have signed
the certificate.
635. Evidence of reviows Convietion. On the trial of a person charged
with an offence alleged to have been co~m~tted after a previous con-
viction, a certificate setting out the substance and effect only, without the
formal parts, of the indictment, verdict, and judgment, or of the complaint
and conviction, purporting to be signed by the officer having the custody
Qf the records of the Court where the accused person was first convicted,
or by his deputy is, upon proof of the identity of the person of the