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

210 S.6598 CRIMINAL CODE
(ii) Has been previously convicted on at least two occasions-
(a) Of unlawful assaults on a female or on a male child
under the age of fourteen years (or of one such assault
on a female and another such assault on a male child
under the age of fourteen years) and such assaults were
of a sexual nature and were, in the case of summary
conviction, punished as aggravated assaults under the
provisions of section three hundred and forty-four of this
Code; or
(b) On indictment of an offence included in Chapter XXXII
(whether of the same description of offence or not); or
(c) Of offences any of which was an unlawful assault mentioned
in subparagraph (a) of this paragraph which, if a
case of summary conviction, was punished as an aggravated
assault under the provisions of section three hundred and
forty-four of this Code, and any other of which was an
offence included in Chapter XXXII for which conviction
was on indictment,
the court of petty sessions before which the charge is heard, in addition
to sentencing such person to any lawful p~ish~ent as provided by the
said section, shall order that such person be brought before the Supreme
Court or a judge thereof to be dealt with as an habitual criminal.
(4b) Notwithstanding the provisions of subsection four of this
section, where any person-
(i) Is convicted under subparagraph (d) of paragraph (viii) of
subsection one; of section four of The Vagrants, Gaming and
0 t h OEences ~ Acts, 1931 to 1938 of the wilful exposure
of his person in view of any person in any public place; and
(ii) Has been previously convicted on at least two occasions of
the said offence,
the court of petty sessions before which the charge is heard, in addition
to sentencing such person to any lawful F~nishment, may order that such
person be brought before the Supreme Court or a judge thereof to be
dealt with as an. habitual criminal.
(5) In any of the cases mentioned in the last four preceding
subsections, the Supreme Court or a judge thereof may declare any such
person to be an habitual criminal, and may direct that on the expiration
of his sentence he shall be detained in a reformatory prison under this
Code.
(6) This section applies whether such previous convictions took
place within Queensland or for similar offences under similar laws out of
Queensland, and either before or after the first day of January, one
thousand nine hundred and fifteen.
(7) For the purposes of this section a committal for sentence under
The Justices Acts, 1886 to 1909, or any Act amending or in substitution
for those Acts, shall be deemed to be a previous conviction on indictment.
Inserted by Act of 1914, 5 Geo. 5 No. 22, ss. 2 (2), 5; Amended by Act of
1945, 9 Geo. 6 No. 11, s. 13; Act of 1961, 10 Eliz. 2, No. 11, s. 34.
Court of petty sessions now Magistrates Court; see Justices Acts Amendment
Act of 1964, s. 2 (4).
~~Q~~~~~~~ ~ ~ Q ~ ~ .
(1) The Governor in Council may from
time to time, by Order in Council, set apart any prison or other suitable
place to be a reformatory prison for the detention of habitual criminals,