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

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

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CRIMINAL CODE ss. 13.14 29<br />

an offence of the same kind, and is liable to the same punishment, as<br />

if that act or omission had occurred in <strong>Queensland</strong>, and he had been in<br />

<strong>Queensland</strong> when it occurred:<br />

But in any such case it is a defence to the charge to prove that<br />

the accused person did not intend that the act or omission should have<br />

effect in <strong>Queensland</strong>.<br />

This section does not extend to a case in which the only material<br />

event that occurs in <strong>Queensland</strong> is the death in <strong>Queensland</strong> of a person<br />

whose death is caused by an act done or omitted to be done at a place<br />

not in <strong>Queensland</strong>, and at a time when he was not in <strong>Queensland</strong>.<br />

~~~~~S on& of<br />

, having while out of <strong>Queensland</strong> procured another to<br />

do or omit to do in <strong>Queensland</strong> an act of such a nature that, if he had<br />

himself done the act or made the omission in <strong>Queensland</strong>, he would have<br />

been guilty of an offence, afterwards comes into <strong>Queensland</strong>, is by such<br />

coming into <strong>Queensland</strong> guilty of an offence of the same kind, and is<br />

liable to the same punishment, as if he had himself done the act or made<br />

ing while out of <strong>Queensland</strong> counselled OX<br />

procured the commission of an offence which is actually committed in<br />

<strong>Queensland</strong>, afterwards comes into <strong>Queensland</strong>, is by such coming into<br />

<strong>Queensland</strong> guilty of an ofEence of the same kind, and is liable to the<br />

same punishment, as if he had been in <strong>Queensland</strong> when the offence<br />

was comm~tted.<br />

make an omission at a place not in ~ueensland of such a nature that,<br />

if he had himself done the act or made the omission in <strong>Queensland</strong>,<br />

he would have been guilty of an offence, and that, if he had himself<br />

done the act or made the omission, he would have been guilty of an<br />

offence under the laws in force in the place where the act or omission is<br />

done or made, is guilty of an offence of the same kind, and is liable to<br />

the same punishment, as if the act had been done or the omission had<br />

been made in <strong>Queensland</strong>, but so that the punishment does not exceed<br />

that which he would have incurred under the laws in force in the place<br />

where the act was done or the omission was made, if he had himself<br />

done the: act or made the omission.<br />

A prosecution cannot be instituted under the provisions of this<br />

section except at the request of the Government of the State having<br />

juri~di~~~n in the place where the act or lolmissioln o'ccurs,<br />

Seas. (1) Any person con-<br />

nected with <strong>Queensland</strong> who, while in on under or over the high seas<br />

within two hundred miles of <strong>Queensland</strong>, does any act or makes any<br />

omission of such a nature that if he had done the <strong>Act</strong> or made the<br />

omission in <strong>Queensland</strong> he would have been guilty of an offence against<br />

the Statute Law of <strong>Queensland</strong> is guilty of an offence and shall be liable<br />

to arrest, prosecution and punishment in all respects as if such act or<br />

omission had occurred in <strong>Queensland</strong> and the courts of <strong>Queensland</strong> shall<br />

have jurisdiction accordingly.<br />

(2) For the purposes of this section, a person connected with<br />

<strong>Queensland</strong> includes a person who-<br />

(a) is or is normally resident or is domiciled in <strong>Queensland</strong>; or<br />

B

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