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

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62 S. 122-125 CRIMINAL CODE<br />

person, any property or benefit of any kind, on account of<br />

any such act or omission on the part of the justice or other<br />

person so employed;<br />

is guilty of a crime, and is liable to imprisonment with hard labour for<br />

fourteen years, and to be fined at the discretion of the Court;<br />

<strong>The</strong> offender cannot be arrested without warrant.<br />

122. Corrupting or Threatening Jurors. Any person who-<br />

(1) Attempts by threats or intimidation of any kind, or by bene-<br />

fits or promises of benefit of any kind, or by other corrupt<br />

means, to influence any person, whether a particular person<br />

or not, in his conduct as a juror in any judicial proceeding,<br />

whether he has been sworn as a juror or not; or<br />

(2) Threatens to do any injury or cause any detriment of any kind<br />

to any person on account of anything done by him as a<br />

juror in any judicial proceeding; or<br />

(3) Accepts any benefit or promise of benefit on account of<br />

anything to be done by him as a juror in any judicial pro-<br />

ceeding, whether he has been sworn as a juror or not, or on<br />

account of anything already done by him as a juror in any<br />

judicial proceeding;<br />

is guilty of a misdemeanour, and is liable to imprisonment with hard<br />

labour for three years.<br />

123. Perjury. Any person who in any judicial proceeding, or for the<br />

purpose of instituting any judicial proceeding, knowingly gives false<br />

testimony touching any matter which is material to any question then<br />

depending in that proceeding, or intended to be raised in that proceeding,<br />

is guilty of a crime, which is called perjury.<br />

It is immaterial whether the testimony is given on oath or under<br />

any other sanction authorised by law.<br />

<strong>The</strong> forms and ceremonies used in administering the oath or in<br />

otherwise binding the person giving the testimony to speak the truth are<br />

immaterial, if he assents to the forms and ceremonies actually used.<br />

It is immaterial whether the false testimony is given orally or in<br />

writing.<br />

It is immaterial whether the court or tribunal is properly constituted,<br />

or is held in the proper place, or not, if it actually acts as a court or<br />

tribunal in the proceeding in which the testimony is given.<br />

It is immaterial whether the person who gives the testimony is a<br />

competent witness or not, or whether the testimony is admissible in the<br />

proceeding or not.<br />

<strong>The</strong> offender cannot be arrested without warrant.<br />

enf of Perjury. Any person who commits perjury is liable<br />

to imprisonment with hard labour for fourteen years.<br />

If the offender commits the crime in order to procure the conviction<br />

of another person for a crime punishable with imprisonment with hard<br />

labour for life, he is liable to imprisonment with hard labour for life.<br />

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

125. Evidence on Charge of Perjury. A person cannot be convicted of<br />

committing perjury or of counselling or procuring the commission of<br />

perjury upon the uncorroborated testimony of one witness,

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