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Criminal Code Act 1899 - Queensland Legislation

Criminal Code Act 1899 - Queensland Legislation

Criminal Code Act 1899 - Queensland Legislation

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Schedule 1 The <strong>Criminal</strong> <strong>Code</strong>Part 8 ProcedureChapter 60 Indictments[s 566](2) In an indictment for an offence which relates to taking oradministering an oath or engagement, or to giving falsetestimony or to making a false statement on solemndeclaration or otherwise, or to procuring the giving of falsetestimony or the making of a false statement, it is notnecessary to set forth the words of the oath or engagement ortestimony or statement, but it is sufficient to set forth thepurport thereof, or so much of the purport as is material.(3) In an indictment for an offence which relates to giving falsetestimony, or procuring or attempting to procure the giving offalse testimony, it is not necessary to allege the jurisdiction ofthe court or tribunal before which the false testimony wasgiven, or intended or proposed to be given.(5) In an indictment in which it is necessary to mention money,such money may be described simply as money, withoutspecifying any particular form of money.(5A) Such an averment, so far as regards the description of theproperty, will be sustained by proof that the offender obtainedor dealt with anything which is included in the term ‘money’,or any portion of the value, in such a manner as to constitutethe offence, although the thing was delivered to the offenderin order that some part of the value thereof should be returnedto the person who delivered the same or to some other person,and has been returned accordingly.(6) In an indictment in which it is necessary to mention anyco-owners of property it is sufficient to name 1 of suchpersons, adding the words ‘and another’ or ‘and others’, as thecase may be, and to state that the property belonged to theperson so named and another or others, as the case may be.(7) In an indictment against a man for an offence committed byhim with respect to his wife’s separate property, the propertymay be alleged to be the property of the wife.(8) In an indictment for an offence relating to any property of acompany which is authorised to sue and be sued in the nameof a public officer, the property may be alleged to be theproperty of the public officer.Page 342 Current as at 1 December 2014

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