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

CRIMINAL CODE SS. 42-45 39
is guilty of a crime, and is liable tu imprisonment with hard labour for
life, with or without solitary confinement.
A person who has been tried, and convicted or acquitted, on a charge
of any of the crimes defined in this section cannot be afterwards prosecuted
for any other crime defined in this Chapter in respect of the same facts.
$2. ~ s ~ Esc i e s of Prisoners ~ ~ ~ (Bf W. Any person who-
( 1 ) Knowingly and advisedl ids an alien enemy of Mer Majesty,
being a prisoner of war in Queensland, whether such prisoner
is cortfined in a prison or elsewhere or is su€fered to be at
large on his parole, to escape from his prison or place of
Confinement, or, if he is at large on his parole, to escape
from Queensland; or
(2) Being a person who owes allegiance to Her Majesty after
any such prisoner has escaped by sea from any part of Her
Majesty’s dominions, knowingly and advisedly upon the
high seas within the territorial waters of Queensland aids
him in his escape to or towards any other dominion or place;
is guilty of a crime, and is liable to i~prison~ent with hard labour for
life.
ct. In the case of any of the offences defined in this Chapter,
when the manifestation by an overt act o€ an intention to effect any
purpose is an element of the offence, every act of conspiring with any
person to effect that purpose, and every act done in furtherance of the
purpose by any of the persons conspiring, is deemed to be an overt act
manifesting the intention.
CHAPTER VII-SEDITION
44.
&oas ~n~~~~~~~ An intention to effect any of the
following purposes, that is to say-
(a) To bring the Sovereign into hatred or contempt;
(6) To excite disaffection against the Sovereign or the Government
or Constitution of the United Kingdom or of Queensland
as by law esla hed, or against either House of Parliament
of the United or of Queensland, or against the
administration
(6) To excite Her Majesty’s subjects to attempt to procure the
alteration of any matter in the State as by law established
otherwise than by lawful means;
(d) To raise discontent or disaffection amongst Her Majesty’s
subjects;
(e) TO promote feelings of ill-will and enmity between different
classes of Her Majesty’s subjects;
is a seditious intention, unless it is justified by the provisions of the next
following section.
om. It is lawful for any person-
(a) To endeavour in good faith to show that the Sovereign has
been mistaken in any of Her counsels;
(b) To point out in good faith errors or defects in the government
or Constitution of the United Kingdom or of Queensland
as by law established, or in legislation, or in the administra-
tion of justice, with a view to the reformation of such errors
or defects;