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

CRIMINAL CODE s. 19 31
19. C~nstructi0n of provisions of Code as ltcp ~ ~ ~ iIn s the ~ con- ~
struction of this Code it is to be taken that, except when it is otherwise
expressly provided,-
(1 ) A person liable to imprisonment, either with or without hard
labour, for life or for any other period may be sentenced to
similar imprisonment for any shorter term;
(2) A person liable to imprisonment with hard labour may be
sentenced to imprisonment without hard labour;
(3) A person liable to imprisonment, either with or without
sard labour, may be sentenced to pay a fine not exceeding
two thousand dollars in addition to, or instead of, such
imprisonment;
(4) A person liable to a fine of any amount may be sentenced to
pay a fine of any lesser amount;
(5) The punishment of solitary c o ~ e ~ or ~ nof t whipping
cannot be inflicted upon a person who is sentenced to
imprisonment, with or without hard labour, for a longer
term than two years;
(6) A person sentenced on conviction upon indictment to pay
a fine may be sentenced to be imprisoned until the fine is
paid, in addition to any other punishment to which he is
sentenced: but so that the impriso~ent for non-payment
of the fine shall not extend for a term longer than two
years, and shall not, together with the fixed term of imprisonment,
if any, extend for a term longer than the longest term
for which he might be sentenced to be imprisoned without
fine:
Provided that a person sentenced on conviction upon
indictment to pay a fine may be sentenced, in lieu of being
sentenced to be imprisoned until the fme is paid, to be
imprisoned for a term (not exceeding that hereinbefore in
this subsection mentioned) if the fine is not paid within a
specified period which period may be extended by the Court
as it deems fit and in that event, the sentence of imprisonment
shall be suspended accordingly:
And provided further that the Court may give such
directions as it thinks fit as to the enforcement of the sentence
of imprisonment, including a direction that the person
sentenced shall appear at some future sittings of the Court
or when called upon (by notice in the prescribed form) to
show cause why the sentence of ~prisonment should not
be executed because of the non-payment of the fine within
the specified period or any extension thereof.
If the person sentenced so directed to appear, or called
upon by notice in the prescribed form, to show cause why
the sentence of imprisonment should not be executed because
of the non-payment of the fine within the specified period
or any extension thereof, does not appear at the required
time and place, any Judge of the Court may issue a warrant
to arrest the said person and to bring him before a Judge:
of the Court and thereupon such person may be arrested
and brought before the Supreme Court or any Circuit Court
or any District Court as the case may be.
(7) A person convicted upon indictment of an offence may,
instead of, or in addition to, any punishment to which he is
liable, be ordered to enter into his own recognizance, with
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