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

28 SS. 9-12 CRIMINAL CODE
9. Mode of Execration 1materia.L When a person counsels another to
commit an offence, and an offence is actually committed after such
counsel by the person to whom it is given, it is immaterial whether the
offence actually committed is the same as that counselled or a different
one, or whether the offence is committed in the way counselled, or in a
different way, provided in either case that the facts constituting the
offence actually committed are a probable consequence of carrying out
the counsel.
In either case the person who gave the counsel is deemed to have
counselled the other person to commit the offence actually committed
by him.
Accessories after the Fact. G person who receives or assists another who
is, to his knowledge, guilty of an offence, in order to enable him to escape
punishment, is said to become an accessory after the fact to the offence.
A married woman does not become an accessory after the fact
to an offence of which her husband is guilty, by receiving or assisting
him in order to enable him to escape punishment; nor by receiving or
assisting, in her husband's presence and by his authority, another person
who is guilty of an offence in the commission of which her husband has
taken part, in order to enable that other person to escape punishment:
Nor does a husband become accessory after the fact to an offence of
which his wife is guilty by receiving or assisting her in order to enable
her to escape punishment.
CHAPTER 111-APPLICATION OF CRIMINAL LAW
PI. Effect ob' Changes in Law. A person cannot be punished for doing or
omitting to do an act unless the act or omission constituted an offence
under the law in force when it occurred; nor unless doing or omitting to
do the act under the same circumstances would constitute an offence
under the law in force at the time when he is charged with the offence.
If the law in force when the act or omission occurred differs from
that in force at the time of the conviction, the offender cannot be punished
to any greater extent than was authorised by the former law, or to any
greater extent than is authorised by the latter law.
n of Code as to OEencs B'vlholly or IEPartiaHy CO
. This Code applies to every person who is in Qu
at the time of his doing any act or making any omission which constitutes
an offence.
With regard to offences which are of such a nature that they comprise
several elements, if any acts or omissions or events actually occur which,
if they all occurred in Queensland, would constitute an offence, and any
of such acts or omissions or events occurs in Queensland, although all or
some of the other acts or omissions or events which, if they occurred in
Queensland, would be elements of the offence occur elsewhere than in
Queensland; then-
(1) If the act or omission which, in the case of an offence wholly
committed in Queensland, would be the initial element of the offence,
occurs in Queensland, the person who does that act or makes that
omission is guilty of an offence of the same kind, and is liable to the
same punishment, as if all the subsequent elements of the offence had
occurred in Queensland; and
(2) If that act or omission occurs elsewhere than in Queensland,
and the person who does that act or makes that omission afterwards
comes into Queensland, he is by such coming into Queensland guilty of