s 1Short title and commencement
This Act may be cited as the Criminal Code Act Compilation Act 1913, and shall come into operation on 1 January 1914.
This Act may be cited as the Criminal Code Act Compilation Act 1913, and shall come into operation on 1 January 1914.
The Acts and parts of an Act set out in Appendix A are hereby repealed, and the compiled Act set forth in Appendix B is hereby enacted under the title of the Criminal Code Act 1913.
All offices, appointments, regulations, rules, convictions, sentences, judgments, orders, registers, records, certificates, and instruments, and generally all acts of authority, which originated or were operative or subsisting under any enactment repealed by this Act and hereby re‑enacted with or without modification, and which are subsisting or in force on or immediately prior to the commencement of the compiled Act shall, subject to that Act, enure for the purposes thereof as fully and effectually as if they had originated under the corresponding provisions of that Act, and accordingly shall, where necessary, be deemed to have so originated.
All offences committed against and all pending matters and proceedings commenced under any such enactment may be prosecuted, continued, and completed under and subject to the provisions of the compiled Act.
Appendix A
Acts and Parts of Act Repealed.
1 and 2 Edw. VII No. 14 — The Criminal Code Act 1902
2 Edw. VII No. 29 — The Criminal Code Amendment Act 1902
No. 13 of 1905 — The Secret Commissions Act 1905
No. 31 of 1906 — The Criminal Code Amendment Act 1906
No. 28 of 1911 — The Criminal Code Amendment Act 1911
No. 52 of 1911 — The Criminal Code Amendment Act 1911
Sections 2 to 29 (both inclusive) of Act No. 15 of 1913 — The Criminal Code Amendment Act 1913
Appendix B
An Act to establish a Code of Criminal Law.
Preamble
Whereas it is desirable to declare and consolidate the Criminal Law: Be it enacted and declared by the King’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:
This Act may be cited as the Criminal Code Act 1913.
The provisions contained in the Code of Criminal Law set forth in the Schedule to this Act, and hereinafter called the Code, shall be the law of Western Australia with respect to the several matters therein dealt with.
The said Code may be cited as “The Criminal Code”.
The following rules shall, unless the context otherwise indicates, apply with respect to the construction of statutes, statutory rules, local laws, by‑laws, and other instruments, that is to say —
When in any statute, statutory rule, local law, by‑law, or other instrument, public or private, the term felony is used, or reference is made to an offence by the name of felony, it shall be taken that reference is intended to an offence which is a crime under the provisions of the Code:
When in any statute, statutory rule, local law, by‑law, or other instrument, public or private, the term murder is used, it shall be taken that reference is intended to include the crime that was called wilful murder under the Code as it was before the commencement of the Criminal Law Amendment (Homicide) Act 2008:
When in any statute, statutory rule, local law, by‑law, or other instrument, public or private, the term larceny is used, it shall be taken that reference is intended to the crime of stealing:
When in any statute, statutory rule, local law, by‑law, or other instrument, public or private, reference is made to any offence by any specific name, it shall be taken that reference is intended to the offence which, under the provisions of the Code, is constituted by the act or omission that would heretofore have constituted the offence referred to:
When in any statute, statutory rule, local law, by‑law, or other instrument, public or private, reference is made to any of the statutory provisions hereby repealed, it shall be taken that reference is intended to the corresponding provisions or substituted provisions of the Code.
[Section 3 amended: No. 14 of 1996 s. 4; No. 57 of 1997 s. 45; No. 29 of 2008 s. 27.]
No person shall be liable to be tried or punished in Western Australia as for an offence, except under the express provisions of the Code, or some other statute law of Western Australia, or under the express provisions of some statute of the Commonwealth of Australia, or of the United Kingdom which is expressly applied to Western Australia, or which is in force in all parts of His Majesty’s dominions not expressly excepted from its operation, or which authorises the trial and punishment in Western Australia of offenders who have, at places not in Western Australia, committed offences against the laws of the Commonwealth of Australia or of the United Kingdom.
[Section 4 amended: No. 4 of 2004 s. 58.]
When, by the Code, any act is declared to be lawful, no action can be brought in respect thereof.
Except as aforesaid, the provisions of this Act shall not affect any right of action which any person would have had against another if this Act had not been passed; nor shall the omission from the Code of any penal provision in respect of any act or omission, which before the time of the coming into operation of the Code constituted an actionable wrong, affect any right of action in respect thereof.
[6. Deleted: No. 78 of 1995 s. 22.]
Nothing in this Act or in the Code shall affect the authority of courts of record to punish a person summarily for the offence commonly known as “contempt of court”; but so that a person cannot be so punished, and also punished under the provisions of the Code for the same act or omission.
[8. Deleted: No. 13 of 1984 s. 9.]
Schedule
The Criminal Code
Contents
Chapter IIA — Alternative offences
10A. Conviction of alternative offence, when possible 44
10B. Alternative offence, meaning and effect of 45
10C. Conviction of alternative offence, consequences of 45
10D. Charge of offence, alternative convictions of attempt etc. 46
10E. Charge of attempt, alternative convictions on 46
10F. Charge of conspiracy, alternative convictions on 47
10G. Charge of procuring, alternative convictions on 47
10H. Charge of attempting to procure, alternative convictions on 48
Chapter IIB — Charges where date of offence, or age of victim, is uncertain
10J. Application of Chapter 49
10K. Terms used 49
10L. Charge of indictable offence committed in period when written law amended 49
10M. Charge of sexual offence committed in period when victim has birthday 50
10N. Charge of sexual offence when victim’s age uncertain 51
Chapter XXVA — Intimate images
221BA. Terms used 163
221BB. Term used: consent 164
221BC. Term used: distributes 165
221BD. Distribution of intimate image 166
221BE. Court may order rectification 168
Showing the first 12 of 24 provisions. See all provisions