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

CRIMINAL CODE SS. 644-649 203
necessary to prove an intent to injure or deceive or defraud any particular
person, or an intent to enable any particular person to deceive or defraud
any particular person.
644. A ~ ~ ~ An s accused ~ ~ n person § ~ may by himself or his counsel admit
on the trial any fact alleged against him, and such admission is sufficient
proof of the fact without other evidence.
In this section the term “trial” also includes, and it is hereby
declared to have always included, proceedings before justices dealing
summar~y with an indictable offence.
As amended by Act of 1943, 7 Geo. 6 No. 14, s. 25; Act of 1961, 10 Eliz.
2 No. 11, s. 32.
CHAPTER LXIV-VERDICT : JUDGMENT
Person Insane d ring TriaI. If on the trial of any person
charged with an indictable offence it is alleged or appears that he is not
of sound mind, the jury are to be required to consider the matter, and if
the jury find that he is not of sound mind, the finding is to be recorded,
and thereupon the Court is required to order him to be kept in strict
custody, in such place and in such manner as the Court thinks fit, until
he is dealt with under the laws relating to insane persons.
A person so found to be not of sound mind may be again indicted
and tried for the offence.
6 ischarge. of Persons A ~ ~ ~ If i the ~ jury c e find ~ ~ that the accused
P is not guilty, or give any other verdict which shows that he is
not liable to punishment, he is entitled to be discharged from the charge
of which he is so acquitted.
snnd of ~ ~ Provided s that if, ~ on the ~ trial of ~ a .
any indictable offence, it is alleged or appears that
he was not of sound mind at the time when the act or omission alleged
to constitute the offence occurred, the jury are to be required to find
specially, if they find that he is not guilty, whether he was of unsound
mind at the time when such act or omission took place, and to say
whether he is acquitted by them on account of such unsoundncss of
mind; and if they find that he was of unsound mind at the time when
such act or omission took place, and say that he is acquitted by them
on account of such unsoundness of mind, the Court is required to order
him to be kept in strict custody, in such place and in such manner as the
Court thinks fit, until Her Maiesty’s pleasure is known.
In any such case the Governor, in the name of Her Majesty, may
give such order for the safe custody of such person during his pleasure,
in such place of con~ne~ent, and in such manner, as the Governor in
Council may think fit.
on^^^^^^ Person
Cawse. When an accused
n pleads that he i
, and when, upon trial, an
accused person is convicted of any offence, the proper officer is required
to ask him whether he has anything to say why sentence should not be
passed upon him: But an omission to do so does not invalidate the
judgment.
649. Arrest of cent. A person convicted of an indictable offence,
whether on his plea of guilty or otherwise, may at any time before
sentence move that judgment be arrested on the ground that the indict-
ment does not disclose any offence.