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

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CRIMINAL CODE fS. 36,37 37<br />

But neither of them can institute criminal proceedings against the<br />

other while they are living together.<br />

Upon the prosecution of a husband on the complaint of his wife<br />

for an offence committed with respect to her property, and upon the<br />

prosecution of a wife on the complaint of her husband for an offence<br />

committed with respect to his property, the wife or husband, as the case<br />

may be, is a competent and compellable witness,<br />

In this section the term “property” used with respect to a wife means<br />

her separate property.<br />

36, A of<br />

e <strong>The</strong> provisions of this Chapter apply to all<br />

persons charged with any offence against the Statute Law of ~~e~nsland.<br />

37. ~~~~~~~~ Any<br />

PART 11-OFFENCES AGAINST PUBLIC 0<br />

CHAPTER VI-TREASON AND OTHER OFFENCES AGAINST<br />

THE SOVEREIGN’S PERSON AND AUTHORITY<br />

person who-<br />

(1) Kills the Sovereign, or does er any bodily harm tending<br />

to Her death, or malm or unding, or imprisonment or<br />

restraint; or<br />

(2) Kills the eldest son and heir-apparent for the time being<br />

of the Sovereign, or the Queen Consort of the reigning King;<br />

or<br />

(3) Forms an intention to do any such act as aforesaid, and<br />

manifests such intention by any overt act; or<br />

(4) Conspires with any other person to kill the Sovereign or to<br />

do Her any bodily ham tending to Her death, or maim or<br />

wounding, or imprisonment or restraint; or<br />

(5 ) Levies war against the Sovereign-<br />

(a) With intent to depose the Sovereign from the style, honour,<br />

and royal name, of the Imperial Crown of the United<br />

Kingdom o€ Great Britain and Ireland, or of any other of<br />

Her Majesty’s dominions; or<br />

(b) In order by force or constraint to compel the Sovereign<br />

to change Her measures or counsels, or in order to put<br />

any force or constraint upon, or in order to intimidate or<br />

overawe, any House of Parliament of any of Her Majesty’s<br />

dominions; or<br />

(6) Conspires with any other person to levy war against the<br />

Sovereign with any such intent or purpose at last aforesaid;<br />

or<br />

any foreigner to make an armed invasion of any<br />

er Majesty’s dominions; or<br />

(8) Assists by any means whatever any public enemy at war<br />

with the Sovereign; or<br />

(9) Violates, whether with her consent or not, a Queen Consort,<br />

or the wife of the eldest son and heir-apparent for the time<br />

being of the Sovereign;<br />

is guilty of a crime, which is called treason, and is liable to imprisonment<br />

with hard labour for life, which cannot. be mitigated or varied under<br />

section nineteen of this <strong>Code</strong>.<br />

As amended by Amendment <strong>Act</strong> of 1922, 13 Geo. 5 No. 2, s. 3 (iv).

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