Criminal Code Act Compilation Act 1913

 

Criminal Code Act Compilation Act 1913

CONTENTS

Preamble2

1.Short title and commencement3

2.Repeal3

3.Matters and things originated under repealed Acts to enure for the purposes of the compiled Act3

Appendix A — Acts and Parts of Act Repealed

Appendix B — Criminal Code Act 1913

Preamble5

1.Short title5

2.The Criminal Code established5

3.Construction of statutes, statutory rules, and other instruments5

4.Provisions of Code exclusive, with certain exceptions6

5.Civil remedies and saving7

7.Contempt of court7

Schedule — The Criminal Code

Notes

Compilation table 255

Defined Terms

Index

 

 

Criminal Code Act Compilation Act 1913

An Act to enact a compilation of the Criminal Code Act 1902, with its amendments and portion of the Secret Commissions Act 1905, and for other related purposes.


Preamble

Whereas the Legislative Council and Legislative Assembly on 22 December 1911, directed the compilation with its amendments of the Criminal Code Act 1902; and a compilation of the said Act and the Acts amending the same was duly made in accordance with the Statutes Compilation Act (as amended): And whereas it is desirable to repeal the Acts so compiled: And whereas in order to carry out the purposes of the Criminal Code Amendment Act 1913, it is desirable to include in the compilation the further amendments authorised to be so included by that Act, and also the provisions of the Secret Commissions Act 1905 (except section 19 thereof), and to repeal the last‑mentioned Act and the portions of the Criminal Code Amendment Act 1913, containing the said further amendments: And whereas the Acts and the parts of an Act which it is desirable to repeal are set out in the Appendix A; and the compiled Act set out in Appendix B is a true compilation of the Acts and parts of Acts so directed to be compiled or authorised to be included in the compilation as aforesaid, and it is desirable to give such compilation the force of law. Be it therefore enacted 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:

 

1.Short title and commencement

This Act may be cited as the Criminal Code Act Compilation Act 1913 1, and shall come into operation on 1 January 1914.

2.Repeal

The Acts and parts of an Act set out in Appendix “A” are hereby repealed, and the compiled Act set forth in Appendix “B” is hereby enacted under the title of the Criminal Code Act 1913.

3.Matters and things originated under repealed Acts to enure for the purposes of the compiled Act

(1)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.

(2)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:

1.Short title

This Act may be cited as the Criminal Code Act 1913 1.

2.The Criminal Code established

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”.

3.Construction of statutes, statutory rules, and other instruments

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 — 

(1)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:

(2)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:

(3)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:

(4)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:

(5)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 by No. 14 of 1996 s. 4; No. 57 of 1997 s. 45; No. 29 of 2008 s. 27.]

4.Provisions of Code exclusive, with certain exceptions

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 by No. 4 of 2004 s. 58.]

5.Civil remedies and saving

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 by No. 78 of 1995 s. 22.]

7.Contempt of court

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 by No. 13 of 1984 s. 9.]

 

The Criminal Code

CONTENTS

Part I — Introductory

Interpretation: Application: General principles

Chapter I — Interpretation

1.Terms used in this Code25

2.Offence, meaning of32

3.Indictable offences, general provisions as to33

4.Attempts to commit offences, meaning of33

5.Summary conviction penalty, meaning and effect of34

6.Carnal knowledge, carnal connection, meanings of36

Chapter II — Parties to offence

7.Principal offenders36

8.Offences committed in prosecution of common purpose37

9.Counselled offences, mode of execution immaterial38

10. Accessory after the fact, meaning of38

Chapter IIA — Alternative offences

10A.Conviction of alternative offence, when possible39

10B.Alternative offence, meaning and effect of39

10C.Conviction of alternative offence, consequences of40

10D.Charge of offence, alternative convictions of attempt etc.40

10E.Charge of attempt, alternative convictions on40

10F.Charge of conspiracy, alternative convictions on41

10G.Charge of procuring, alternative convictions on41

10H.Charge of attempting to procure, alternative convictions on42

10I.Joined charges of receiving, verdicts on42

Chapter III — Application of criminal law

11.Effect of changes in law43

12.Territorial application of the criminal law43

13.Offences aided, counselled or procured by persons out of Western Australia44

14.Offences procured in Western Australia to be committed out of Western Australia44

15.Defence force not exempt from Code45

17.Former conviction or acquittal a defence45

Chapter V — Criminal responsibility

22.Ignorance of law, honest claim of right45

23.Intention and motive46

23A.Unwilled acts and omissions46

23B.Accident46

24.Mistake of fact47

25.Emergency47

26.Presumption of sanity48

27.Insanity48

28.Intoxication48

29.Immature age49

30.Judicial officers49

31.Lawful authority49

32.Duress50

34.Offences by partners and members of companies with respect to partnership or corporate property51

36.Application of Chapter V51

Part II — Offences against public order

Chapter VII — Sedition

44.Seditious intention, meaning of52

45.Innocent intentions52

46.Seditious enterprises, seditious words, etc., meanings of53

47.Unlawful oaths to kill a person53

48.Other unlawful oaths to commit offences54

49.Compulsion, how far a defence55

51.Unlawful military activities55

52.Sedition56

Chapter VIII — Offences against the executive and legislative power

54.Interference with Governor or Ministers57

55.Interference with the legislature57

56.Disturbing Parliament58

57.False evidence before Parliament58

58.Threatening witness before Parliament58

59.Witnesses refusing to attend or give evidence before Parliament59

60.Member of Parliament receiving bribes60

61.Bribery of member of Parliament60

Chapter IX — Unlawful assemblies: Breaches of the peace

62.Unlawful assembly, riot, riotously assembled, meanings of61

63.Taking part in an unlawful assembly61

64.Unlawful assembly may be ordered to disperse61

65.Taking part in a riot62

66.Rioters may be ordered to disperse62

67.Rioters causing damage63

68.Being armed in a way that may cause fear63

69.Forcibly entering land63

70.Forcibly keeping possession of land64

70A.Trespass64

70B.Trespassers may be asked for name and address65

71.Fighting in public causing fear66

72.Challenge to fight a duel66

73.Prize fight66

74.Threatening violence66

74A.Disorderly behaviour in public67

Chapter X — Offences against political liberty

75.Interfering with political liberty68

Chapter XI — Racist harassment and incitement to racial hatred

76.Terms used in this Chapter68

77.Conduct intended to incite racial animosity or racist harassment69

78.Conduct likely to incite racial animosity or racist harassment69

79.Possession of material for dissemination with intent to incite racial animosity or racist harassment69

80.Possession of material for dissemination if material likely to incite racial animosity or racist harassment70

80A.Conduct intended to racially harass70

80B.Conduct likely to racially harass71

80C.Possession of material for display with intent to racially harass71

80D.Possession of material for display if material likely to racially harass72

80E.Conduct and private conduct72

80F.Belief as to existence or membership of racial group73

80G.Defences73

80H.Consent to prosecutions74

80I.Circumstances of racial aggravation, meaning of74

80J.Forfeiture of unlawful material74

Part III — Offences against the administration of law and justice and against public authority

Chapter XII — Disclosing official secrets

81.Disclosing official secrets76

Chapter XIII — Corruption and abuse of office

82.Bribery of public officer77

83.Corruption77

84.Application of s. 121 to judicial corruption not affected78

85.Falsification of records by public officer78

86.Administering extra judicial oaths78

87.Impersonating a public officer79

88.Bargaining for public office80

Chapter XIV — Offences at elections

93.Terms used in this Chapter80

94.Application of this Chapter81

95.Liability for acts of others81

96.Bribery81

97.Undue influence82

98.Electoral material, printing and publication of83

99.False or defamatory statements or deceptive material, publication of84

100.Postal voting, offences in connection with85

101.Polling place, offences at or near85

102.Voting offences86

103.Ballot paper and ballot box offences87

104.Secrecy offences87

105.Electoral officer, offences by88

106.False statements in connection with an election88

107.Evidentiary matters89

Chapter XVI — Offences relating to the administration of justice

120.Judicial proceeding, meaning of90

121.Judicial corruption90

122.Official corruption not judicial but relating to offences91

123.Corrupting or threatening jurors91

124.Perjury92

125.Penalty for perjury93

127.False evidence before a Royal Commission93

128.Threatening witness before Royal Commission etc.93

129.Fabricating evidence94

130.Corruption of witnesses94

131.Deceiving witnesses95

132.Destroying evidence95

133.Preventing witnesses from attending95

133A.False prosecution, commencing96

134.Conspiracy to bring false accusation96

135.Conspiring to defeat justice96

136.Compounding or concealing offences97

138.Advertising reward etc. for stolen property97

139.Justices acting when personally interested98

141.Bringing fictitious action on penal statute98

142.Inserting advertisement without authority of court98

143.Attempting to pervert course of justice99

Chapter XVII — Escapes: Rescues: Obstructing officers of courts

144.Forcibly freeing certain offenders from custody99

145.Aiding a person to escape from lawful custody99

146.Escaping from lawful custody100

147.Permitting escape100

148.Aiding an escapee100

149.Rescuing, permitting escape of or concealing a person subject to any law relating to mental disorder100

150.Removing etc. property under lawful seizure101

151.Obstructing officers of courts of justice101

Chapter XX — Miscellaneous offences against public authority

169.False statements on oath102

170.False information to officials etc.102

171.Creating false belief103

172.Obstructing public officers104

173.Refusal by public officer to perform duty104

176.Neglect to aid in arresting offenders104

177.Disobedience to statute law104

178.Disobedience to lawful order issued by statutory authority105

Part IV — Acts injurious to the public in general

Chapter XXII — Offences against morality

181.Carnal knowledge of animal106

186.Occupier or owner allowing certain persons to be on premises for unlawful carnal knowledge106

187.Facilitating sexual offences against children outside Western Australia107

190.Being involved with prostitution108

191.Procuring person to be prostitute etc.109

192.Procuring person to have unlawful carnal knowledge by threats, fraud or administering drugs110

199.Abortion111

202.Obscene acts in public111

203.Indecent acts in public112

204.Indecent act with intent to offend113

204A.Showing offensive material to children under 16113

204B.Using electronic communication to procure, or expose to indecent matter, children under 16115

205.Ignorance of age no defence118

206.Supplying intoxicants to people likely to abuse them118

Chapter XXIII — Misconduct relating to corpses

214.Misconduct with regard to corpses119

215.Interfering with corpse to hinder inquiry119

Part V — Offences against the person and relating to parental rights and duties and against the reputation of individuals

Chapter XXVI — Assaults and violence to the person generally: Justification, excuse and circumstances of aggravation

221.Circumstances of aggravation for offences in this Part121

222.Assault, meaning of121

223.Assaults unlawful122

224.Execution of sentence122

225.Execution of process122

226.Execution of warrants122

227.Erroneous sentence or process or warrant123

228.Sentence or process or warrant without jurisdiction123

229.Arrest of wrong person123

230.Irregular process or warrant124

231.Force used in executing process or in arrest124

233.Preventing escape from arrest125

235.Preventing escape or rescue after arrest125

238.Suppression of riot126

239.Riot may be suppressed by justices and police officers126

240.Suppression of riot by person acting under lawful orders126

241.Suppression of riot by person acting without order in case of emergency126

242.Suppression of riot by military personnel127

243.Prevention of violence by mentally impaired person127

244.Defence against home invasion127

245.Provocation, meaning of129

246.Defence of provocation130

247.Prevention of repetition of insult130

248.Self‑defence130

251.Defence of movable property against trespassers132

252.Defence of movable property with claim of right132

253.Defence of movable property without claim of right132

254.Defence of property against trespassers, removal of disorderly persons133

255.Defence of possession of a place with claim of right133

256.Exercise of right‑of‑way or easement134

257.Discipline of children134

258.Discipline on ship or aircraft134

259.Surgical and medical treatment135

259A.Inoculation procedures135

260.Excessive force135

261.Consent to death immaterial136

Chapter XXVII — Duties relating to the preservation of human life

262.Duty to provide necessaries of life136

263.Duty of head of family136

265.Duty of persons doing dangerous acts136

266.Duty of persons in charge of dangerous things137

267.Duty to do certain acts137

Chapter XXVIII — Homicide: Suicide: Concealment of birth

268.Killing of a human being unlawful137

269.When a child becomes a human being137

270.Kill, meaning of138

271.Death by acts done at childbirth138

272.Causing death by threats138

273.Acceleration of death138

274.When injury or death might be prevented by proper precaution138

275.Injuries causing death in consequence of subsequent treatment139

277.Unlawful homicide139

279.Murder139

280.Manslaughter140

281.Unlawful assault causing death141

283.Attempt to murder141

284.Culpable driving (other than of motor vehicle) causing death or grievous bodily harm141

288.Aiding suicide142

290.Killing unborn child143

291.Concealing the birth of children143

Chapter XXIX — Offences endangering life or health

292.Disabling in order to commit indictable offence etc.144

293.Stupefying in order to commit indictable offence144

294.Acts intended to cause grievous bodily harm or prevent arrest144

294A.Dangerous goods on aircraft145

295.Preventing escape from wreck146

297.Grievous bodily harm146

301.Wounding and similar acts149

304.Acts or omissions causing bodily harm or danger150

305.Setting dangerous things for people151

305A.Intoxication by deception152

306.Female genital mutilation153

Chapter XXX — Assaults

313.Common assaults155

317.Assaults occasioning bodily harm155

317A.Assaults with intent156

318.Serious assaults157

318A.Assaults on aircraft’s crew160

Chapter XXXI — Sexual offences

319.Terms used in this Chapter160

320.Child under 13, sexual offences against163

321.Child of or over 13 and under 16, sexual offences against164

321A.Child under 16, persistent sexual conduct with166

322.Child of or over 16, sexual offences against by person in authority etc.168

323.Indecent assault169

324.Aggravated indecent assault169

325.Sexual penetration without consent170

326.Aggravated sexual penetration without consent170

327.Sexual coercion170

328.Aggravated sexual coercion170

329.Relatives and the like, sexual offences by171

330.Incapable person, sexual offences against173

331.Ignorance of age no defence174

331A.Terms used in s. 331B to 331D174

331B.Sexual servitude175

331C.Conducting business involving sexual servitude175

331D.Deceptive recruiting for commercial sexual services175

Chapter XXXIII — Offences against liberty

332.Kidnapping177

333.Deprivation of liberty178

336.Procuring apprehension or detention of persons not suffering from mental illness or impairment178

337.Unlawful detention or custody of persons who are mentally ill or impaired178

Chapter XXXIIIA — Threats

338.Threat, meaning of179

338A.Threats with intent to influence179

338B.Threats180

338C.Statements or acts creating false apprehension as to the existence of threats or danger180

Chapter XXXIIIB — Stalking

338D.Terms used in this Chapter182

338E.Stalking183

Chapter XXXIV — Offences relating to parental rights and duties

343.Child stealing184

343A.Publication of report of child‑stealing unlawful unless approved185

344.Desertion of children under 16186

Chapter XXXV  Criminal defamation

345.Criminal defamation186

Part VI — Offences relating to property and contracts

Division I — Stealing and like offences

Chapter XXXVI — Stealing

370.Things capable of being stolen188

371.Steal, meaning of189

371A.Special case: motor vehicles191

372.Special cases191

373.Funds etc. held under direction192

374.Funds etc. received by agents for sale192

375.Money received for another193

376.Stealing by persons having an interest in the thing stolen193

378.Penalty for stealing193

Chapter XXXVII — Offences analogous to stealing

379.Concealing registers196

380.Concealing wills196

381.Concealing deeds196

382.Killing animals with intent to steal197

383.Severing with intent to steal197

384.Using registered brands with criminal intention197

385.Fraudulently dealing with minerals in mines197

386.Concealing royalty197

387.Removing guano without licence198

388.Bringing stolen goods into Western Australia198

389.Fraudulent disposition of mortgaged goods198

390.Fraudulent appropriation of electricity etc.199

390A.Unlawful use of conveyance199

Chapter XXXVIII — Robbery: Extortion by threats

391.Term used in s. 392 and 393200

392.Robbery201

393.Assault with intent to rob201

396.Demanding property with threats with intent to steal202

397.Demanding property with threats with intent to extort or gain203

398.Attempts at extortion by threats203

399.Procuring execution of deeds etc. by threats204

Chapter XXXIX — Offences in or in respect of buildings etc.

400.Terms used in this Chapter205

401.Burglary207

407.Persons found armed etc. with intent to commit crime209

Chapter XL — Fraud

409.Fraud210

Chapter XLI — Receiving property stolen or fraudulently obtained and like offences

414.Receiving stolen property etc.211

415.Receiving after change of ownership212

416.Taking reward for recovery of property obtained by means of indictable offences212

Chapter XLII — Frauds by trustees and officers of companies and corporations: False accounting

418.False statement relating to companies213

419. Fraud by company directors etc. as to accounts213

420.False statements by officials of companies214

421.False statements by officials of companies with intent to affect price of shares215

422.Defence215

424.Fraudulent falsification of records216

Chapter XLIII — Summary conviction for stealing and like indictable offences

426.Summary conviction penalty for certain stealing and like offences216

427.Summary conviction penalty for certain offences of a fraudulent nature218

Chapter XLIV — Simple offences analogous to stealing

428.Possessing stolen or unlawfully obtained property218

429.Unlawfully using another person’s animal219

436.Unlawful fishing219

437.Unlawfully taking fish etc.219

Chapter XLIVA — Unauthorised use of computer systems

440A.Unlawful use of computers220

Division II — Injuries to property

Chapter XLV — Definitions

441.Unlawful acts222

442.Acts done with intent to defraud222

443.Wilfully destroy or damage, meaning of222

Chapter XLVI — Offences

444.Criminal damage223

445.Damaging property223

446.Costs of cleaning graffiti224

449.Casting away ships224

451.Obstructing and injuring railways225

451A.Endangering the safe use of an aircraft225

451B.Unlawfully interfering with aircraft226

454.Causing explosion likely to do serious injury to property226

455.Attempting to cause explosion likely to do serious injury to property227

456.Attempts to injure mines227

457.Interfering with marine signals228

458.Interfering with navigation works228

459.Communicating infectious diseases to animals229

460.Travelling with infected animals229

461.Removing boundary marks229

462.Obstructing railways230

Division III — Forgery and like offences: Personation

Chapter XLIX — Forgery and uttering

473.Forgery and uttering230

474.Preparation for forgery etc.231

Chapter L — False representations as to status

488.Procuring or claiming unauthorised status231

Chapter LIII — Personation

510.Personation in general232

511.Personation of owner of shares233

512.Falsely acknowledging deeds, recognizances etc.233

513.Personation of a person named in a certificate233

514.Lending certificate for personation234

Division IV — Offences connected with trade and breach of contract, and corruption of agents, trustees, and others

Chapter LIV — Fraudulent debtors

527.Fraudulent dealing by judgment debtors234

Chapter LV — Corruption of agents, trustees, and others in whom confidence is reposed

529.Receipt or solicitation of secret commission by an agent235

530.Gift or offer of secret commission to an agent235

531.Secret gifts to parent etc. of agent deemed gifts to agent236

532.Giving to agent false or misleading receipt or account236

533.Gift or receipt of secret commission in return for advice given237

534.Offer or solicitation of secret commission in return for advice given237

535.Secret commission to trustee in return for substituted appointment238

536.Aiding etc. Chapter LV offences within or outside Western Australia238

537.Liability of directors etc. acting without authority239

538.Penalty for Chapter LV offences239

539.Court may order withdrawal of trifling or technical cases239

540.Protection of witness giving answers criminating himself240

541.Stay of proceedings against such witness240

542.Custom of itself no defence241

543.Burden of proof that gift not secret commission241

546.Terms used in this Chapter241

Chapter LVI — Other offences

547.Concealment by officers of companies on reduction of capital244

548.Falsification of books of companies244

549.Mixing uncertified with certified articles245

Part VII — Preparation to commit offences: Conspiracy: Accessories after the fact

Chapter LVII — Attempts and preparation to commit offences

552.Attempts to commit indictable offences246

553.Incitement to commit indictable offences246

555A.Attempts and incitement to commit simple offences under this Code247

556.Attempts to procure commission of criminal acts248

557.Making or possession of explosives under suspicious circumstances248

Chapter LVIIA — Offences to do with preparing to commit offences

557A.Presumptions249

557C.Forfeiture249

557D.Possessing stupefying or overpowering drug or thing249

557E.Possessing things to assist unlawful entry to places250

557F.Possessing things to assist unlawful use of conveyances250

557G.Possessing things for applying graffiti250

557H.Possessing a disguise250

557I.Possessing bulletproof clothing251

557J.Declared drug traffickers, consorting by252

557K.Child sex offenders, offences by252

Chapter LVIII — Conspiracy

558.Conspiracy to commit indictable offence255

560.Conspiracy to commit simple offence256

Chapter LIX — Accessories after the fact and property laundering

562.Accessories after the fact to indictable offence257

563A.Property laundering257

563B.Dealing with property used in connection with an offence258

Part VIII — Miscellaneous

Chapter LXXIV — Miscellaneous provisions

730.Forfeitures, escheats etc. abolished263

731.Forfeiture etc. of property used to commit offences263

737.Saving of civil remedies264

738.Incriminating answers and discovery264

739.Review of law of homicide264

740A.Review of certain amendments to s. 297 and 318265

740.Transitional provisions (Sch. 1)265

Schedule 1 — Transitional provisions

1.Terms used in this Schedule266

2.Acts or omissions committed before commencement266

3.Offenders serving life term at commencement266

Notes

Compilation table268

Provisions that have not come into operation279

Defined Terms

Index

 

Criminal Code

Part I — Introductory

Interpretation: Application: General principles

Chapter I — Interpretation

1.Terms used in this Code

(1)In this Code, unless the context otherwise indicates — 

The term aircraft includes any machine that can derive support in the atmosphere from the reactions of the air;

The term assault has the definition provided in section 222;

The term Attorney General includes where there is a vacancy in the office of Attorney General the person appointed by the Governor to be Minister for Justice;

The term bodily harm means any bodily injury which interferes with health or comfort;

The term bribe means any property or benefit of any kind, whether pecuniary or otherwise, sought, offered, promised, agreed upon, given or obtained for the person being or to be bribed or any other person, in respect of any act done or to be done, or any omission made or to be made, or any favour or disfavour shown or to be shown, in relation to the performance or discharge of the functions of any office or employment, or the affairs or business of a principal;

The term child means — 

(a)any boy or girl under the age of 18 years; and

(b)in the absence of positive evidence as to age, any boy or girl apparently under the age of 18 years;

The term circumstances of racial aggravation has the meaning given to it in section 80I;

The terms clerk and servant include any person employed for any purpose as or in the capacity of a clerk or servant, or as a collector of money, although temporarily only, or although employed also by other persons than the person alleged to be his employer, or although employed to pay as well as receive money, and any person employed as or in the capacity of a commission agent for the collection or disbursement of money, or in any similar capacity, although he has no authority from his employer to receive money or other property on his account;

The term company means an incorporated company;

The term conveyance means a vehicle, vessel or aircraft made, adapted, used, or intended to be used for the carriage of persons or goods;

The term court of summary jurisdiction means the Children’s Court when constituted so as not to consist of or include a judge of that court, the Magistrates Court, or any other court or any person that another written law says is a court of summary jurisdiction;

The term criminally responsible means liable to punishment as for an offence; and the term criminal responsibility means liability to punishment as for an offence;

The term damage, in relation to animate property, includes injure;

The term damage in relation to a record means to deal with the record so that — 

(a)information recorded or stored upon the record is obliterated or rendered illegible or irrecoverable; or

(b)it can not convey a meaning in a visible or recoverable form;

The term destroy, in relation to animate property, means kill;

The term District Court means The District Court of Western Australia established under the District Court of Western Australia Act 1969;

The term dwelling means any building, structure, tent, vehicle or vessel, or part of any building, structure, tent, vehicle or vessel, that is ordinarily used for human habitation, and it is immaterial that it is from time to time uninhabited;

The term explosive substance includes a gaseous substance in such a state of compression as to be capable of explosion;

The term forge in relation to a record means to make, alter or deal with the record so that the whole of it or a material part of it — 

(a)purports to be what in fact it is not;

(b)purports to be made by a person who did not make it; or

(c)purports to be made by authority of a person who did not give that authority;

The term grievous bodily harm means any bodily injury of such a nature as to endanger, or be likely to endanger life, or to cause, or be likely to cause, permanent injury to health;

The term incites includes solicits and endeavours to persuade;

The term indictment means a written charge of an indictable offence presented to the Supreme Court or District Court in order that the accused person be tried by that court;

The term liable, used alone, means liable on conviction upon indictment;

The term member of the crew in relation to an aircraft means a person having duties or functions on board the aircraft;

The term mental illness means an underlying pathological infirmity of the mind, whether of short or long duration and whether permanent or temporary, but does not include a condition that results from the reaction of a healthy mind to extraordinary stimuli;

The term mental impairment means intellectual disability, mental illness, brain damage or senility;

The term money includes bank notes, bank drafts, cheques, and any other orders, warrants, authorities, or requests for the payment of money;

The term motor vehicle has the same meaning as it has in the Road Traffic Act 1974;

The term night or night‑time means the interval between 9 p.m. and 6 a.m.;

The term obtains includes obtains possession and, in relation to land, includes occupies or acquires the capacity to occupy;

The term person and owner and other like terms, when used with reference to property, include corporations of all kinds, and any other associations of persons capable of owning property: They also, when so used, include Her Majesty;

The term person employed in the Public Service includes members of the defence force and police officers, and persons employed to execute any process of a court of justice, and persons employed by the Commissioner of Railways;

The term possession includes having under control in any manner whatever, whether for the use or benefit of the person of whom the term is used or of another person, and although another person has the actual possession or custody of the thing or property in question;

The term property includes real and personal property and everything, animate or inanimate, capable of being the subject of ownership;

The term public officer means any of the following —

(a)a police officer;

(aa)a Minister of the Crown;

(ab)a Parliamentary Secretary appointed under section 44A of the Constitution Acts Amendment Act 1899;

(ac)a member of either House of Parliament;

(ad)a person exercising authority under a written law;

(b)a person authorised under a written law to execute or serve any process of a court or tribunal;

(c)a public service officer or employee within the meaning of the Public Sector Management Act 1994;

(ca)a person who holds a permit to do high‑level security work as defined in the Court Security and Custodial Services Act 1999;

(cb)a person who holds a permit to do high‑level security work as defined in the Prisons Act 1981;

(d)a member, officer or employee of any authority, board, corporation, commission, local government, council of a local government, council or committee or similar body established under a written law;

(e)any other person holding office under, or employed by, the State of Western Australia, whether for remuneration or not;

The term public place includes —

(a)a place to which the public, or any section of the public, has or is permitted to have access, whether on payment or otherwise;

(b)a privately owned place to which the public has access with the express or implied approval of, or without interference from, the owner, occupier or person who has the control or management of the place; and

(c)a school, university or other place of education, other than a part of it to which neither students nor the public usually have access;

The term railway includes every kind of way on which vehicles are borne upon a rail or rails, whatever may be the means of propulsion;

The term receives includes obtains possession and, in relation to land, includes occupies or acquires the capacity to occupy;

The term record means any thing or process — 

(a)upon or by which information is recorded or stored; or

(b)by means of which a meaning can be conveyed by any means in a visible or recoverable form,

whether or not the use or assistance of some electronic, electrical, mechanical, chemical or other device or process is required to recover or convey the information or meaning;

The terms registered brand and registered mark mean respectively a brand or mark which is registered under the authority of the laws relating to brands;

The term serious disease means a disease of such a nature as to — 

(a)endanger, or be likely to endanger, life; or

(b)cause, or be likely to cause, permanent injury to health;

The term ship includes every kind of vessel used in navigation not propelled by oars;

The term summarily has the meaning given by subsection (5);

The term summary conviction means conviction otherwise than on indictment;

The term thing sent by post includes any letter, newspaper, packet, parcel, or other thing, authorised by law to be transmitted by post, which has been posted or received at a post office for delivery or transmission by post, and which is in course of transmission by post, and any movable receptacle which contains any such thing, and which is in course of transmission by post;

The term utter in relation to a forged record means use or deal with the record knowing that the record is forged;

The term valuable security includes any document which is the property of any person, and which is evidence of the ownership of any property or of the right to recover or receive any property;

The term vehicle includes any thing made, adapted or intended to be propelled or drawn on wheels, tracks or rails by any means;

The term vessel includes a ship, a boat, and every other kind of vessel used in navigation.

(2)For the purposes of this Code — 

(a)a flight of an aircraft shall be taken to commence — 

(i)at the time of the closing of the external door of the aircraft last to be closed before the aircraft first moves for the purpose of taking off from any place; or

(ii)if subparagraph (i) is not applicable, at the time at which the aircraft first moves for the purpose of taking off from any place;

and

(b)a flight of an aircraft shall be taken to end — 

(i)at the time of the opening of the external door of the aircraft first to be opened after the aircraft comes to rest after its next landing after the commencement of the flight; or

(ii)if subparagraph (i) is not applicable, at the time at which the aircraft comes to rest after its next landing after the commencement of the flight,

or, if the aircraft is destroyed, or the flight is abandoned, before either subparagraph (i) or subparagraph (ii) becomes applicable, at the time at which the aircraft is destroyed or the flight is abandoned, as the case may be.

(3)Nothing in this Code empowering the detention in, or committal to, custody of any person (however the power may be expressed) shall be read as limiting the operation of section 4 of the Bail Act 1982.

(4)In this Code, unless the context otherwise indicates — 

(a)a reference to causing or doing bodily harm to a person includes a reference to causing a person to have a disease which interferes with health or comfort;

(b)a reference to intending to cause or intending to do bodily harm to a person includes a reference to intending to cause a person to have a disease which interferes with health or comfort;

(c)a reference to causing or doing grievous bodily harm to a person includes a reference to causing a person to have a serious disease; and

(d)a reference to intending to cause or intending to do grievous bodily harm to a person includes a reference to intending to cause a person to have a serious disease.

(5)In this Code, unless the context otherwise indicates, a reference to a charge being dealt with summarily is a reference to the charge being dealt with otherwise than on an indictment.

(6)Nothing in this Code affects the operation of the Children’s Court of Western Australia Act 1988 and in particular the jurisdiction of the Children’s Court to deal with indictable offences.

[Section 1 amended by No. 55 of 1953 s. 2; No. 53 of 1964 s. 2; No. 21 of 1972 s. 3; No. 38 of 1977 s. 3; No. 87 of 1982 s. 30; No. 119 of 1985 s. 4; No. 106 of 1987 s. 4; No. 70 of 1988 s. 4, 19(2) and 31; No. 101 of 1990 s. 4; No. 37 of 1991 s. 16; No. 14 of 1992 s. 4(1); No. 51 of 1992 s. 3; No. 32 of 1994 s. 10; No. 14 of 1996 s. 4; No. 34 of 1996 s. 4; No. 36 of 1996 s. 4; No. 69 of 1996 s. 6; No. 43 of 1999 s. 20; No. 47 of 1999 s. 10; No. 4 of 2004 s. 27; No. 59 of 2004 s. 80; No. 70 of 2004 s. 4; No. 80 of 2004 s. 4; No. 2 of 2008 s. 4.]

2.Offence, meaning of

An act or omission which renders the person doing the act or making the omission liable to punishment is called an offence.

3.Indictable offences, general provisions as to

(1)This section applies to offences in this Code and in any other written law.

(2)An indictable offence is triable only on indictment, unless this Code or another written law expressly provides otherwise.

(3)A prosecution for an indictable offence, whether or not it may be tried summarily, may be commenced at any time, unless this Code or another written law expressly provides otherwise.

[(4)deleted]

(5)If a person is convicted by a court of summary jurisdiction of an indictable offence, the conviction is to be regarded as being a conviction of a simple offence only, unless the person is convicted of the offence by the Children’s Court under section 19B(4) of the Children’s Court of Western Australia Act 1988 or another written law provides otherwise.

(6)A person may be convicted and punished for an offence on indictment notwithstanding that the person might have been convicted of and punished for that offence summarily.

[Section 3 inserted by No. 4 of 2004 s. 28; amended by No. 59 of 2004 s. 80; No. 70 of 2004 s. 36(1); No. 84 of 2004 s. 28.]

4.Attempts to commit offences, meaning of

When a person, intending to commit an offence, begins to put his intention into execution by doing an act that is more than merely preparatory to the commission of the offence but does not fulfil his intention to such an extent as to commit the offence, he is said to attempt to commit the offence.

It is immaterial, except so far as regards punishment, whether the offender does all that is necessary on his part for completing the commission of the offence, or whether the complete fulfilment of his intention is prevented by circumstances independent of his will, or whether he desists of his own motion from the further prosecution of his intention.

It is immaterial that by reason of circumstances not known to the offender, it is impossible in fact to commit the offence.

The same facts may constitute one offence and an attempt to commit another offence.

[Section 4 amended by No. 106 of 1987 s. 5.]

5.Summary conviction penalty, meaning and effect of

(1)This section applies if —

(a)a provision of this Code, or another written law, provides a summary conviction penalty for an indictable offence; and

(b)a person (the accused) is charged before a court of summary jurisdiction (the court) with committing the indictable offence in circumstances where the summary conviction penalty applies to the offence (the charge).

(2)Despite section 3(2), the court is to try the charge summarily unless —

(a)on an application made by the prosecutor or the accused before the accused pleads to the charge, the court decides under subsection (3) that the charge is to be tried on indictment; or

(b)this Code or another written law expressly provides to the contrary.

(3)The court may decide the charge is to be tried on indictment if and only if it considers —

(a)that the circumstances in which the offence was allegedly committed are so serious that, if the accused were convicted of the offence, the court would not be able to adequately punish the accused;

(b)that the charge forms part of a course of conduct during which other offences were allegedly committed by the accused and the accused is to be tried on indictment for one or more of those other offences;

(c)that a co‑accused of the accused is to be tried on indictment;

(d)that the charge forms part of a course of conduct during which other offences were allegedly committed by the accused and others and the accused or one of the others is to be tried on indictment for one or more of those other offences; or

(e)that the interests of justice require that the charge be dealt with on indictment.

(4)For the purposes of making a decision under subsection (3) the court —

(a)may require the prosecutor to provide any information the court needs and may hear submissions from both the prosecutor and the accused; and

(b)may adjourn the proceedings.

(5)If under subsection (3) the court decides that the charge is to be tried on indictment the court shall —

(a)give reasons for the decision; and

(b)deal with the accused in accordance with section 41 of the Criminal Procedure Act 2004.

(6)A decision cannot be made under subsection (3) after the accused has pleaded to the charge.

(7)A decision made under subsection (3) is final and cannot be appealed.

(8)If the court convicts the accused of the offence charged (whether after a plea of guilty or otherwise), the accused is liable to the summary conviction penalty provided for the offence, unless the court commits the accused for sentence.

(9)If the court —

(a)convicts the accused of the offence charged after a plea of guilty or otherwise; and

(b)considers that any sentence the court could impose on the accused for the offence would not be commensurate with the seriousness of the offence,

the court may commit the accused to a court of competent jurisdiction for sentence.

(10)An accused who is committed for sentence under subsection (9) is liable to the penalty with which the offence is punishable on indictment.

(11)For the purposes of this section and of any summary trial of the charge, the court must be constituted by a magistrate alone.

[Section 5 inserted by No. 4 of 2004 s. 29; amended by No. 59 of 2004 s. 80; No. 84 of 2004 s. 28 and 82.]

6.Carnal knowledge, carnal connection, meanings of

When the term carnal knowledge or the term carnal connection is used in defining an offence, it is implied that the offence, so far as regards that element of it, is complete upon penetration.

Penetration includes penetration of the anus of a female or male person.

[Section 6 amended by No. 32 of 1989 s. 4.]

Chapter II — Parties to offence

7.Principal offenders

When an offence is committed, each of the following persons is deemed to have taken part in committing the offence and to be guilty of the offence, and may be charged with actually committing it, that is to say — 

(a)Every person who actually does the act or makes the omission which constitutes the offence;

(b)Every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence;

(c)Every person who aids another person in committing the offence;

(d)Any person who counsels or procures any other person to commit the offence.

In the fourth case he may be charged either with himself committing the offence or with counselling or procuring its commission.

A conviction of counselling or procuring the commission of an offence entails the same consequences in all respects as a conviction of committing the offence.

Any person who procures another to do or omit to do any act of such a nature that, if he had himself done the act or made the omission, the act or omission would have constituted an offence on his part, is guilty of an offence of the same kind, and is liable to the same punishment as if he had himself done the act or made the omission; and he may be charged with himself doing the act or making the omission.

8.Offences committed in prosecution of common purpose

(1)When 2 or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purpose an offence is committed of such a nature that its commission was a probable consequence of the prosecution of such purpose, each of them is deemed to have committed the offence.

(2)A person is not deemed under subsection (1) to have committed the offence if, before the commission of the offence, the person —

(a)withdrew from the prosecution of the unlawful purpose;

(b)by words or conduct, communicated the withdrawal to each other person with whom the common intention to prosecute the unlawful purpose was formed; and

(c)having so withdrawn, took all reasonable steps to prevent the commission of the offence.

[Section 8 amended by No. 89 of 1986 s. 4.]

9.Counselled offences, mode of execution immaterial

When a person counsels another to commit an offence, and an offence is actually committed after such counsel by the person to whom it is given, it is immaterial whether the offence actually committed is the same as that counselled or a different one, or whether the offence is committed in the way counselled, or in a different way, provided in either case that the acts constituting the offence actually committed are a probable consequence of carrying out the counsel.

In either case the person who gave the counsel is deemed to have counselled the other person to commit the offence actually committed by him.

10. Accessory after the fact, meaning of

(1)A person who, knowing that another person has committed an offence, receives or assists that other person in order to enable that other person to escape punishment is said to become an accessory after the fact to the offence.

(2)A person does not become an accessory after the fact to an offence committed by the person’s spouse by receiving or assisting that spouse.

[Section 10 inserted by No. 89 of 1986 s. 5.]

Chapter IIA — Alternative offences

[Heading inserted by No. 70 of 2004 s. 36(2).]

10A.Conviction of alternative offence, when possible

(1)A person charged with an offence cannot be convicted by the court dealing with the charge of any other offence instead of that offence unless —

(a)the accused is charged with the other offence as an alternative to that offence; or

(b)this Chapter provides otherwise.

(2)This Chapter does not authorise the conviction of a person of an offence if the prosecution for the offence was not commenced within the time (if any) limited by law for commencing a prosecution for the offence.

[Section 10A inserted by No. 70 of 2004 s. 36(2).]

10B.Alternative offence, meaning and effect of

(1)This section applies if a provision of this Code, or of another written law, that creates an offence (offence A) provides one or more alternative offences for offence A.

(2)If a person is charged with an offence (offence A), whether or not on indictment, the person, instead of being convicted as charged, may be convicted of any alternative offence that is provided for offence A.

(3)This section does not prevent —

(a)this Code, or another written law, from providing a simple offence as an alternative offence for an indictable offence; or

(b)a person charged in an indictment with an indictable offence from being found guilty by a jury, and convicted and punished by a superior court, for a simple offence that is an alternative offence for the indictable offence.

(4)This section does not limit the operation of the other sections in this Chapter.

[Section 10B inserted by No. 70 of 2004 s. 36(2).]

10C.Conviction of alternative offence, consequences of

(1)If a person is charged with an offence and, under this Code, is convicted by a court of some other offence, the person is liable to the penalty to which the person would be liable if the person had been charged before that court with the other offence.

(2)If a person charged in an indictment with an indictable offence is convicted of a simple offence that is an alternative offence for the indictable offence, then, for the purposes of any appeal against the conviction, the person is to be taken to have been convicted of the simple offence on indictment.

[Section 10C inserted by No. 70 of 2004 s. 36(2).]

10D.Charge of offence, alternative convictions of attempt etc.

If a person is charged with committing an offence (the principal offence), the person, instead of being convicted as charged, may be convicted of —

(a)attempting to commit;

(b)inciting another person to commit; or

(c)becoming an accessory after the fact to,

the principal offence or any alternative offence of which a person might be convicted instead of the principal offence.

[Section 10D inserted by No. 70 of 2004 s. 36(2).]

10E.Charge of attempt, alternative convictions on

If a person is charged with attempting to commit an offence (the principal offence) other than an offence under section 283, the person, instead of being convicted as charged, may be convicted of —

(a)committing the principal offence; or

(b)committing, or attempting to commit, any alternative offence of which any person charged with the principal offence might be convicted instead of the principal offence,

but the person shall not be liable to a punishment greater than the greatest punishment to which the person would have been liable if convicted of attempting to commit the principal offence.

[Section 10E inserted by No. 70 of 2004 s. 36(2).]

10F.Charge of conspiracy, alternative convictions on

If a person is charged with conspiring to commit an offence (the principal offence), the person, instead of being convicted as charged, may be convicted of —

(a)committing the principal offence;

(b)attempting to commit the principal offence; or

(c)inciting another person to commit the principal offence,

but the person shall not be liable to a punishment greater than the greatest punishment to which the person would have been liable if convicted of conspiring to commit the principal offence.

[Section 10F inserted by No. 70 of 2004 s. 36(2).]

10G.Charge of procuring, alternative convictions on

(1)If a person is charged with procuring the commission of an offence (the principal offence), the person, instead of being convicted as charged, may be convicted of —

(a)attempting to procure the commission of the principal offence; or

(b)procuring the commission of, or attempting to procure the commission of, any offence of which any person charged with the principal offence might be convicted instead of the principal offence.

(2)If a person (the accused) is charged with procuring another person to do an act or make an omission of such a nature that if the accused had done the act or made the omission he or she would be guilty of an offence (the principal offence), the accused, instead of being convicted as charged, may be convicted of procuring the other person to do any other act or make any other omission that is of such a nature that if the accused had done the act or made the omission he or she would be guilty of an offence of which any person charged with the principal offence might be convicted instead of the principal offence.

[Section 10G inserted by No. 70 of 2004 s. 36(2).]

10H.Charge of attempting to procure, alternative convictions on

(1)If a person is charged with attempting to procure the commission of an offence (the principal offence), the person, instead of being convicted as charged, may be convicted of attempting to procure the commission of any other offence of which any person charged with the principal offence might be convicted instead of the principal offence.

(2)If a person (the accused) is charged with attempting to procure another person to do an act or make an omission of such a nature that if the act or omission had occurred an offence (the principal offence) would have been committed, the accused, instead of being convicted as charged, may be convicted of attempting to procure the other person to do any other act or make any other omission that is of such a nature that if the act or omission had occurred an offence would have been committed of such a nature that any person charged with the principal offence might be convicted of it instead of the principal offence.

[Section 10H inserted by No. 70 of 2004 s. 36(2).]

10I.Joined charges of receiving, verdicts on

If 2 or more persons are charged jointly with an offence of which the receiving of any property is an element and the evidence establishes that any one or more of them separately received any part or parts of the property under such circumstances as to constitute an offence, one or more of the accused persons may be convicted of the offence or offences so established by the evidence.

[Section 10I inserted by No. 70 of 2004 s. 36(2).]

Chapter III — Application of criminal law

11.Effect of changes in law

A person cannot be punished for doing or omitting to do an act, unless the act or omission constituted an offence under the law in force when it occurred, nor unless doing or omitting to do the act under the same circumstances would constitute an offence under the law in force at the time when he is charged with the offence.

[Section 11 amended by No. 78 of 1995 s. 26.]

12.Territorial application of the criminal law

(1)An offence under this Code or any other law of Western Australia is committed if — 

(a)all elements necessary to constitute the offence exist; and

(b)at least one of the acts, omissions, events, circumstances or states of affairs that make up those elements occurs in Western Australia.

(2)Without limiting the general operation of subsection (1), that subsection applies even if the only thing that occurs in Western Australia is an event, circumstance or state of affairs caused by an act or omission that occurs outside Western Australia.

(3)This section does not apply to an offence if — 

(a)the law under which the offence is created explicitly or by necessary implication makes the place of commission an element of the offence; or

(b)the law under which the offence is created is a law of extraterritorial operation and explicitly or by necessary implication excludes the need for a territorial nexus between Western Australia and an element of the offence.

[Section 12 inserted by No. 36 of 1996 s. 5(1) 3.]

13.Offences aided, counselled or procured by persons out of Western Australia

When an offence under this Code or any other law of Western Australia is committed, section 7 of this Code applies to a person even if all the acts or omissions of the person in — 

(a)enabling or aiding another person to commit the offence;

(b)aiding another person in committing the offence; or

(c)counselling or procuring another person to commit the offence,

occurred outside Western Australia.

[Section 13 inserted by No. 36 of 1996 s. 5(1) 3.]

14.Offences procured in Western Australia to be committed out of Western Australia

Any person who, while in Western Australia, procures another to do an act or make an omission at a place not in Western Australia of such a nature that, if he had himself done the act or made the omission in Western Australia, he would have been guilty of an offence, and that, if he had himself done the act or made the omission, he would have been guilty of an offence under the laws in force in the place where the act or omission is done or made, is guilty of an offence of the same kind, and is liable to the same punishment, as if the act had been done or the omission had been made in Western Australia, but so that the punishment does not exceed that which he would have incurred under the laws in force in the place where the act was done or the omission was made, if he had himself done the act or made the omission.

[Section 14 amended by No. 36 of 1996 s. 6(1) 4.]

[14A.Deleted by No. 101 of 1990 s. 5.]

15.Defence force not exempt from Code

Members of the defence force are subject to the special laws relating to that force, but are not exempt from the provisions of this Code.

[Section 15 amended by No. 101 of 1990 s. 6.]

[16.Deleted by No. 78 of 1995 s. 26.]

17.Former conviction or acquittal a defence

It is a defence to a charge of any offence to show that the accused person has already been tried, and convicted or acquitted upon an indictment or prosecution notice on which he might have been convicted of the offence with which he is charged, or has already been convicted or acquitted of an offence of which he might be convicted upon the indictment or prosecution notice on which he is charged.

[Section 17 amended by No. 101 of 1990 s. 7; No. 84 of 2004 s. 80.]

[Chapter IV (s. 17A‑17D, 18, 19, 19A, 19B, 20, 21, 21A) deleted by No. 78 of 1995 s. 26.]

Chapter V — Criminal responsibility

22.Ignorance of law, honest claim of right

Ignorance of the law does not afford any excuse for an act or omission which would otherwise constitute an offence, unless knowledge of the law by an offender is expressly declared to be an element of the offence.

But a person is not criminally responsible, as for an offence relating to property, for an act done or omitted to be done by him with respect to any property in the exercise of an honest claim of right and without intention to defraud.

23.Intention and motive

(1)Unless the intention to cause a particular result is expressly declared to be an element of the offence constituted, in whole or part, by an act or omission, the result intended to be caused by an act or omission is immaterial.

(2)Unless otherwise expressly declared, the motive by which a person is induced to do or omit to do an act, or to form an intention, is immaterial so far as regards criminal responsibility.

[Section 23 inserted by No. 29 of 2008 s. 4.]

23A.Unwilled acts and omissions

(1)This section is subject to the provisions in Chapter XXVII relating to negligent acts and omissions.

(2)A person is not criminally responsible for an act or omission which occurs independently of the exercise of the person’s will.

[Section 23A inserted by No. 29 of 2008 s. 4.]

23B.Accident

(1)This section is subject to the provisions in Chapter XXVII relating to negligent acts and omissions.

(2)A person is not criminally responsible for an event which occurs by accident.

(3)If death or grievous bodily harm —

(a)is directly caused to a victim by another person’s act that involves a deliberate use of force; but

(b)would not have occurred but for an abnormality, defect or weakness in the victim,

the other person is not, for that reason alone, excused from criminal responsibility for the death or grievous bodily harm.

(4)Subsection (3) applies —

(a)even if the other person did not intend or foresee the death or grievous bodily harm; and

(b)even if the death or grievous bodily harm was not reasonably foreseeable.

[Section 23B inserted by No. 29 of 2008 s. 4.]

24.Mistake of fact

A person who does or omits to do an act under an honest and reasonable, but mistaken, belief in the existence of any state of things is not criminally responsible for the act or omission to any greater extent than if the real state of things had been such as he believed to exist.

The operation of this rule may be excluded by the express or implied provisions of the law relating to the subject.

25.Emergency

(1)This section does not apply if section 32, 246, 247 or 248 applies.

(2)A person is not criminally responsible for an act done, or an omission made, in an emergency under subsection (3).

(3)A person does an act or makes an omission in an emergency if —

(a)the person believes —

(i)circumstances of sudden or extraordinary emergency exist; and

(ii)doing the act or making the omission is a necessary response to the emergency;

and

(b)the act or omission is a reasonable response to the emergency in the circumstances as the person believes them to be; and

(c)there are reasonable grounds for those beliefs.

[Section 25 inserted by No. 29 of 2008 s. 5.]

26.Presumption of sanity

Every person is presumed to be of sound mind, and to have been of sound mind at any time which comes in question, until the contrary is proved.

27.Insanity

A person is not criminally responsible for an act or omission on account of unsoundness of mind if at the time of doing the act or making the omission he is in such a state of mental impairment as to deprive him of capacity to understand what he is doing, or of capacity to control his actions, or of capacity to know that he ought not to do the act or make the omission.

A person whose mind, at the time of his doing or omitting to do an act, is affected by delusions on some specific matter or matters, but who is not otherwise entitled to the benefit of the foregoing provisions of this section, is criminally responsible for the act or omission to the same extent as if the real state of things had been such as he was induced by the delusions to believe to exist.

[Section 27 amended by No. 69 of 1996 s. 7.]

28.Intoxication

The provisions of the last preceding section apply to the case of a person whose mind is disordered by intoxication or stupefaction caused without intention on his part by drugs or intoxicating liquor, or by any other means.

They do not apply to the case of a person who has intentionally caused himself to become intoxicated or stupefied, whether in order to afford excuse for the commission of an offence or not.

When an intention to cause a specific result is an element of an offence, intoxication whether complete or partial, and whether intentional or unintentional, may be regarded for the purpose of ascertaining whether such an intention in fact existed.

29.Immature age

A person under the age of 10 years is not criminally responsible for any act or omission.

A person under the age of 14 years is not criminally responsible for an act or omission, unless it is proved that at the time of doing the act or making the omission he had capacity to know that he ought not to do the act or make the omission.

[Section 29 amended by No. 74 of 1985 s. 4; No. 49 of 1988 s. 44.]

30.Judicial officers

Except as expressly provided by this Code, a judicial officer is not criminally responsible for anything done or omitted to be done by him in the exercise of his judicial functions, although the act done is in excess of his judicial authority, or although he is bound to do the act omitted to be done.

31.Lawful authority

(1)A person is not criminally responsible for an act done, or an omission made, in any of the following circumstances —

(a)in execution of the law;

(b)in obedience to the order of a competent authority which the person is bound by law to obey, unless the order is manifestly unlawful.

(2)Whether an order is or is not manifestly unlawful is a question of law.

[Section 31 inserted by No. 29 of 2008 s. 6.]

32.Duress

(1)A person is not criminally responsible for an act done, or an omission made, under duress under subsection (2).

(2)A person does an act or makes an omission under duress if —

(a)the person believes —

(i)a threat has been made; and

(ii)the threat will be carried out unless an offence is committed; and

(iii)doing the act or making the omission is necessary to prevent the threat from being carried out;

and

(b)the act or omission is a reasonable response to the threat in the circumstances as the person believes them to be; and

(c)there are reasonable grounds for those beliefs.

(3)Subsections (1) and (2) do not apply if the threat is made by or on behalf of a person with whom the person under duress is voluntarily associating for the purpose of —

(a)doing an act or making an omission of the kind in fact done or made by the person under duress; or

(b)prosecuting an unlawful purpose in which it is reasonably foreseeable such a threat would be made.

[Section 32 inserted by No. 29 of 2008 s. 6.]

[33.Deleted by No. 106 of 1987 s. 6.]

34.Offences by partners and members of companies with respect to partnership or corporate property

A person who, being a member of a co‑partnership, corporation, or joint stock company, does or omits to do any act with respect to the property of the co‑partnership, corporation, or company, which, if he were not a member of the co‑partnership, corporation, or company, would constitute an offence, is criminally responsible to the same extent as if he were not such member.

[35.Deleted by No. 28 of 2003 s. 118(3).]

36.Application of Chapter V

The provisions of this Chapter apply to all persons charged with any offence against the statute law of Western Australia.

Part II — Offences against public order

[Chapter VI (s. 37‑43) deleted by No. 70 of 1988 s. 8(1).]

Chapter VII — Sedition

44.Seditious intention, meaning of

An intention to effect any of the following purposes, that is to say —

(a)To bring the Sovereign into hatred or contempt;

(b)To excite disaffection against the Sovereign, or the Government or Constitution of the United Kingdom, or of the Commonwealth of Australia, or of Western Australia as by law established, or against either House of Parliament of the United Kingdom, of the Commonwealth of Australia, or of Western Australia, or against the administration of justice;

(c)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.

45.Innocent intentions

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 the Commonwealth of Australia, or of Western Australia as by law established, or in legislation, or in the administration of justice, with a view to the reformation of such errors or defects;

(c)To excite in good faith Her Majesty’s subjects to attempt to procure by lawful means the alteration of any matter in the State as by law established; or

(d)To point out in good faith in order to their removal any matters which are producing or have a tendency to produce feelings of ill‑will and enmity between different classes of Her Majesty’s subjects.

46.Seditious enterprises, seditious words, etc., meanings of

A seditious enterprise is an enterprise which is undertaken in order to the carrying out of a seditious intention.

Seditious words are words expressive of a seditious intention.

The term seditious writing includes anything intended to be read, and any sign or visible representation, which is expressive of a seditious intention.

47.Unlawful oaths to kill a person

Any person who — 

(1)Administers or is present at and consents to the administering of, any oath, or engagement in the nature of an oath, purporting to bind the person who takes it to kill any person; or

(2)Takes any such oath or engagement, not being compelled to do so; or

(3)Attempts to induce any person to take any such oath or engagement;

is guilty of a crime, and is liable to imprisonment for 20 years.

[Section 47 amended by No. 118 of 1981 s. 4; No. 52 of 1984 s. 10; No. 51 of 1992 s. 16(2); No. 29 of 2008 s. 16(1).]

48.Other unlawful oaths to commit offences

Any person who — 

(1)Administers, or is present at and consents to the administering of, any oath or engagement in the nature of an oath purporting to bind the person who takes it to act in any of the ways following, that is to say — 

(a)To engage in any seditious enterprise;

(b)To commit any indictable offence other than one entailing the killing of a person;

(c)To disturb the public peace;

(d)To be of any association, society, or confederacy formed for the purpose of doing any such act as aforesaid;

(e)To obey the orders or commands of any committee or body of men not lawfully constituted, or of any leader or commander or other person not having authority by law for that purpose;

(f)Not to inform or give evidence against any associate, confederate, or other person;

(g)Not to reveal or discover any unlawful association, society, or confederacy, or any illegal act done or to be done, or any illegal oath or engagement that may have been administered or tendered to or taken by himself or any other person, or the import of any such oath or engagement;

or

(2)Takes any such oath or engagement, not being compelled to do so; or

(3)Attempts to induce any person to take any such oath or engagement;

is guilty of a crime, and is liable to imprisonment for 7 years.

[Section 48 amended by No. 52 of 1984 s. 11; No. 70 of 1988 s. 8(2); No. 51 of 1992 s. 16(2); No. 29 of 2008 s. 16(2).]

49.Compulsion, how far a defence

A person who takes any such oath or engagement as is mentioned in the 2 last preceding sections cannot set up as a defence that he was compelled to do so, unless within 14 days after taking it, or, if he is prevented by actual force or sickness, within 14 days after the termination of such prevention, he declares by information on oath before some member of the Executive Council or justice of the peace, or, if he is on actual service in Her Majesty’s forces by sea or land, either by such information or by information to his commanding officer, the whole of what he knows concerning the matter, including the person or persons by whom and in whose presence, and the place where, and the time when, the oath or engagement was administered or taken.

[50.Deleted by No. 70 of 1988 s. 8(1).]

51.Unlawful military activities

(1)Any person who — 

(a)In contravention of the directions of a proclamation by the Governor in Council in that behalf trains or drills any other person to the use of arms or the practice of military exercise, movements, or evolutions; or

(b)Is present at any meeting or assembly of persons held in contravention of the directions of any such proclamation, for the purpose of there training or drilling any other person to the use of arms or the practice of military exercise, movements, or evolutions;

is guilty of a crime, and is liable to imprisonment for 7 years.

(2)Any person who, at any meeting or assembly held in contravention of the directions of a proclamation of the Governor in Council in that behalf, is trained or drilled to the use of arms or the practice of military exercise, movements, or evolutions, or who is present at any such meeting or assembly for the purpose of being so trained or drilled, is guilty of a crime, and is liable to imprisonment for 2 years.

(3)A prosecution for any of the offences defined in this section must be begun within 6 months after the offence is committed.

[Section 51 amended by No. 119 of 1985 s. 30; No. 51 of 1992 s. 16(2); No. 70 of 2004 s. 34(1).]

52.Sedition

Any person who — 

(1)Conspires with any person to carry into execution a seditious enterprise; or

(2)Advisedly publishes any seditious words or writing;

is guilty of a crime, and is liable to imprisonment for 3 years.

A prosecution for any of the offences defined in this section must be begun within 6 months after the offence is committed.

[Section 52 amended by No. 70 of 1988 s. 31; No. 51 of 1992 s. 16(2); No. 70 of 2004 s. 34(1); No. 84 of 2004 s. 27(1).]

[53.Deleted by No. 44 of 2005 s. 47.]

Chapter VIII — Offences against the executive and legislative power

54.Interference with Governor or Ministers

Any person who — 

(1)Does any act calculated to interfere with the free exercise by the Governor of the duties or authority of his office; or

(2)Does any act calculated to interfere with the free exercise by a member of the Executive Council of the duties or authority of his office as a member of the Executive Council or as a Minister of State;

is guilty of a crime, and is liable to imprisonment for 3 years.

Summary conviction penalty: imprisonment for 2 years and a fine of $24 000.

[Section 54 amended by No. 70 of 1988 s. 9; No. 82 of 1994 s. 12; No. 70 of 2004 s. 34(1) and 35(2).]

55.Interference with the legislature

Any person who, by force or fraud, interferes or attempts to interfere with the free exercise by either House of Parliament of their authority, or with the free exercise by any member of either House of his duties or authority as such member or as a member of a committee of either House, or of a joint committee of both Houses, is guilty of a crime, and is liable to imprisonment for 3 years.

Summary conviction penalty: imprisonment for 2 years and a fine of $24 000.

[Section 55 amended by No. 70 of 1988 s. 9; No. 82 of 1994 s. 12; No. 70 of 2004 s. 34(1) and 35(2).]

56.Disturbing Parliament

Any person who — 

(1)Does any act calculated to disturb either House of Parliament while in session; or

(2)Commits any disorderly conduct in the immediate view and presence of either House of Parliament while in session, calculated and tending to interrupt its proceedings or to impair the respect due to its authority;

is guilty of a crime, and is liable to imprisonment for 3 years.

Summary conviction penalty: imprisonment for 12 months and a fine of $12 000.

[Section 56 amended by No. 70 of 1988 s. 10; No. 70 of 2004 s. 34(1) and 35(1).]

57.False evidence before Parliament

Any person who in the course of an examination before either House of Parliament, or before a committee of either House, or before a joint committee of both Houses, knowingly gives a false answer to any lawful and relevant question put to him in the course of the examination, is guilty of a crime, and is liable to imprisonment for 7 years.

[Section 57 amended by No. 119 of 1985 s. 30; No. 70 of 1988 s. 31; No. 51 of 1992 s. 16(2).]

58.Threatening witness before Parliament

Any person who — 

(1)Threatens to do any injury, or cause any detriment of any kind to another with intent to prevent or hinder that other person from giving evidence before either House of Parliament, or before a committee of either House, or before a joint committee of both Houses; or

(2)Threatens, or in any way punishes, damnifies, or injures, or attempts to punish, damnify, or injure any other person for having given such evidence, or on account of the evidence which he has given, unless such evidence was given in bad faith;

is guilty of a crime, and is liable, on conviction, to imprisonment for 5 years.

Summary conviction penalty: imprisonment for 2 years and a fine of $24 000.

[Section 58 amended by No. 70 of 1988 s. 11; No. 51 of 1992 s. 16(2); No. 82 of 1994 s. 12; No. 70 of 2004 s. 35(2).]

59.Witnesses refusing to attend or give evidence before Parliament

Any person who — 

(1)Being duly summoned to attend as a witness or to produce any book, document, or other thing, in his possession, before either House of Parliament, or before a committee of either House, or before a joint committee of both Houses, authorised to summon witnesses or to call for the production of such things, refuses or neglects without lawful excuse to attend pursuant to the summons or to produce anything which he is summoned to produce, and which is relevant and proper to be produced; or

(2)Being present before either House of Parliament, or before a committee of either House, or before a joint committee of both Houses, authorised to summon witnesses, refuses to answer any lawful and relevant question;

is guilty of a simple offence, and is liable to imprisonment for 2 years and a fine of $24 000.

[Section 59 amended by No. 70 of 1988 s. 12; No. 82 of 1994 s. 12; No. 70 of 2004 s. 35(4).]

60.Member of Parliament receiving bribes

Any person who, being a member of either House of Parliament, asks, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind, whether pecuniary or otherwise, for himself or any other person upon any understanding that his vote, opinion, judgment, or action, in the House of which he is a member, or in any committee thereof, or in any joint committee of both Houses, shall be influenced thereby, or shall be given in any particular manner or in favour of any particular side of any question or matter, is guilty of a crime, and is liable to imprisonment for 7 years.

[Section 60 amended by No. 119 of 1985 s. 30; No. 70 of 1988 s. 13; No. 51 of 1992 s. 16(2).]

61.Bribery of member of Parliament

Any person who, — 

(1)In order to influence a member of either House of Parliament in his vote, opinion, judgment, or action, upon any question or matter arising in the House of which he is a member or in any committee thereof, or in any joint committee of both Houses, or in order to induce him to absent himself from the House or from any such committee, gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, any property or benefit of any kind, whether pecuniary or otherwise, to, upon, or for such member, or to, upon, or for, any other person; or

(2)Attempts, directly or indirectly, by fraud, or by threats or intimidation of any kind, to influence a member of either House of Parliament in his vote, opinion, judgment, or action, upon any such question or matter, or to induce him to so absent himself;

is guilty of a crime, and is liable to imprisonment for 7 years.

[Section 61 amended by No. 119 of 1985 s. 30; No. 70 of 1988 s. 14; No. 51 of 1992 s. 16(2).]

Chapter IX — Unlawful assemblies: Breaches of the peace

62.Unlawful assembly, riot, riotously assembled, meanings of

(1)When 3 or more persons, with intent to carry out some common purpose, assemble in such a manner, or, being assembled, conduct themselves in such a manner as to cause persons in the neighbourhood to fear, on reasonable grounds, that the persons so assembled will tumultuously disturb the peace, or will by such assembly needlessly and without any reasonable occasion provoke other persons tumultuously to disturb the peace, they are an unlawful assembly.

(2)It is immaterial that the original assembling was lawful if, being assembled, they conduct themselves with a common purpose in such a manner as aforesaid.

(3)An assembly of 3 or more persons who assemble for the purpose of protecting the house of any one of them against persons threatening to enter the house in order to commit an indictable offence therein is not an unlawful assembly.

(4)When an unlawful assembly has begun to act in so tumultuous a manner as to disturb the peace, the assembly is called a riot, and the persons assembled are said to be riotously assembled.

[Section 62 amended by No. 4 of 2004 s. 7.]

63.Taking part in an unlawful assembly

Any person who takes part in an unlawful assembly is guilty of an offence and is liable to imprisonment for 12 months and a fine of $12 000.

[Section 63 inserted by No. 70 of 2004 s. 5.]

64.Unlawful assembly may be ordered to disperse

(1)If 3 or more persons form an unlawful assembly, a justice or a police officer may orally order them to disperse within a time that is reasonable and that is stated in the order.

(2)Any person who does not disperse in accordance with an order given under subsection (1) is guilty of a crime and is liable to imprisonment for 3 years.

Summary conviction penalty: imprisonment for 2 years and a fine of $24 000.

[Section 64 inserted by No. 70 of 2004 s. 5.]

65.Taking part in a riot

Any person who takes part in a riot is guilty of a crime and is liable to imprisonment for 5 years.

Summary conviction penalty: imprisonment for 2 years and a fine of $24 000.

[Section 65 inserted by No. 70 of 2004 s. 5.]

66.Rioters may be ordered to disperse

(1)If 12 or more persons are riotously assembled, a justice or a police officer may orally order them to disperse within an hour and shall state so in the order.

(2)Any person who does not disperse in accordance with an order given under subsection (1) is guilty of a crime.

(3)Any person who forcibly prevents a person from giving an order under subsection (1) is guilty of a crime.

(4)If 12 or more persons are riotously assembled, each person who continues to be so assembled knowing that a person has been forcibly prevented from ordering them to disperse is guilty of a crime.

(5)A person who is guilty of a crime under this section is liable to imprisonment for 10 years.

[Section 66 inserted by No. 70 of 2004 s. 5.]

67.Rioters causing damage

(1)If as a result of persons being riotously assembled any property is unlawfully destroyed or damaged, each person among those so assembled is guilty of a crime and is liable to imprisonment for 10 years.

(2)If the property is destroyed or damaged by fire, each person is liable to imprisonment for 14 years.

[Section 67 inserted by No. 70 of 2004 s. 5.]

68.Being armed in a way that may cause fear

(1)A person who is or pretends to be armed with any dangerous or offensive weapon or instrument in circumstances that are likely to cause fear to any person is guilty of a crime and is liable to imprisonment for 7 years.

Summary conviction penalty: imprisonment for 3 years and a fine of $36 000.

(2)It is a defence to a charge under subsection (1) to prove that the accused person had lawful authority to be so armed in such circumstances.

(3)A court that convicts a person of an offence under subsection (1) may make an order for the forfeiture to the Crown, or the destruction or disposal, of the thing in respect of which the offence was committed.

[Section 68 inserted by No. 4 of 2004 s. 8; amended by No. 70 of 2004 s. 35(3).]

69.Forcibly entering land

(1)Any person who, in a manner likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, enters on land which is in the actual and peaceable possession of another is guilty of a crime, and is liable to imprisonment for 2 years.

Summary conviction penalty: $6 000.

(2)It is immaterial whether he is entitled to enter on the land or not.

[Section 69 amended by No. 4 of 2004 s. 9.]

70.Forcibly keeping possession of land

Any person who, being in actual possession of land without colour of right holds possession of it in a manner likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, against a person entitled by law to the possession of the land, is guilty of a crime, and is liable to imprisonment for 2 years.

Summary conviction penalty: $6 000.

[Section 70 amended by No. 4 of 2004 s. 10.]

70A.Trespass

(1)In this section —

person in authority, in relation to a place, means —

(a)in the case of a place owned by the Crown, or an agency or instrumentality of the Crown — the occupier or person having control or management of the place or a police officer; or

(b)in any other case —

(i)the owner, occupier or person having control or management of the place; or

(ii)a police officer acting on a request by a person referred to in subparagraph (i);

police officer means a person who holds an appointment under Part I or IIIA of the Police Act 1892, other than a police cadet;

trespass on a place, means —

(a)to enter or be in the place without the consent or licence of the owner, occupier or person having control or management of the place;

(b)to remain in the place after being requested by a person in authority to leave the place; or

(c)to remain in a part of the place after being requested by a person in authority to leave that part of the place.

(2)A person who, without lawful excuse, trespasses on a place is guilty of an offence and is liable to imprisonment for 12 months and a fine of $12 000.

(3)In a prosecution for an offence under subsection (2), the accused has the onus of proving that the accused had a lawful excuse.

[Section 70A inserted by No. 70 of 2004 s. 6; amended by No. 59 of 2006 s. 17.]

70B.Trespassers may be asked for name and address

(1)In this section —

enclosed land means land that is visibly enclosed, whether by means of artificial structures alone or a combination of artificial structures and natural features, but does not include a road on the land that is open to or used by the public;

owner, in relation to land, includes the occupier and a person who has the control or management of the land.

(2)If the owner of any enclosed land finds a person on the land who has entered the land without the owner’s consent, the owner may request the person to give the person’s name and address to the owner.

(3)A person who does not comply with such a request is guilty of an offence and is liable to a fine of $500.

(4)A person who in response to such a request gives a name or address that is false is guilty of an offence and is liable to a fine of $500.

[Section 70B inserted by No. 70 of 2004 s. 6.]

71.Fighting in public causing fear

A person who in, or in view of, a public place takes part in a fight with another person in circumstances that are likely to cause fear to any person is guilty of a crime, and is liable to imprisonment for 2 years.

Summary conviction penalty: $6 000.

[Section 71 inserted by No. 4 of 2004 s. 11.]

72.Challenge to fight a duel

Any person who challenges another to fight a duel, or attempts to provoke another to fight a duel, or attempts to provoke any person to challenge another to fight a duel, is guilty of a crime, and liable to imprisonment for 2 years.

Summary conviction penalty: $6 000.

[Section 72 amended by No. 51 of 1992 s. 16(2); No. 4 of 2004 s. 12.]

73.Prize fight

Any person who fights in a prize fight or subscribes to or promotes a prize fight, is guilty of a crime, and is liable to imprisonment for 2 years.

Summary conviction penalty: $6 000.

[Section 73 amended by No. 4 of 2004 s. 13.]

74.Threatening violence

Any person who — 

(1)With intent to intimidate or annoy any person, threatens to enter or damage a dwelling; or

(2)With intent to alarm any person in a dwelling, discharges loaded firearms or commits any other breach of the peace;

is guilty of a crime, and is liable to imprisonment for 3 years.

Summary conviction penalty: imprisonment for 12 months and a fine of $12 000.

[Section 74 amended by No. 51 of 1992 s. 16(2); No. 36 of 1996 s. 7; No. 4 of 2004 s. 14; No. 70 of 2004 s. 35(1).]

74A.Disorderly behaviour in public

(1)In this section —

behave in a disorderly manner includes —

(a)to use insulting, offensive or threatening language; and

(b)to behave in an insulting, offensive or threatening manner.

(2)A person who behaves in a disorderly manner —

(a)in a public place or in the sight or hearing of any person who is in a public place; or

(b)in a police station or lock‑up,

is guilty of an offence and is liable to a fine of $6 000.

(3)A person who has the control or management of a place where food or refreshments are sold to or consumed by the public and who permits a person to behave in a disorderly manner in that place is guilty of an offence and is liable to a fine of $4 000.

[Section 74A inserted by No. 70 of 2004 s. 7; amended by No. 59 of 2006 s. 18.]

Chapter X — Offences against political liberty

75.Interfering with political liberty

Any person who by violence, or by threats or intimidation of any kind, hinders or interferes with the free exercise of any political right by another person, is guilty of a crime, and is liable to imprisonment for 3 years.

Summary conviction penalty: imprisonment for 12 months and a fine of $12 000.

[Section 75 amended by No. 70 of 1988 s. 15; No. 51 of 1992 s. 16(2); No. 70 of 2004 s. 34(1) and 35(1).]

Chapter XI — Racist harassment and incitement to racial hatred

[Heading inserted by No. 33 of 1990 s. 3.]

76.Terms used in this Chapter

In this Chapter — 

animosity towards means hatred of or serious contempt for;

display means display in or within view of a public place;

distribute means distribute to the public or a section of the public;

harass includes to threaten, seriously and substantially abuse or severely ridicule;

member of a racial group includes a person associated with a racial group;

publish means publish to the public or a section of the public;

racial group means any group of persons defined by reference to race, colour or ethnic or national origins;

written or pictorial material means any poster, graffiti, sign, placard, book, magazine, newspaper, leaflet, handbill, writing, inscription, picture, drawing or other visible representation.

[Section 76 inserted by No. 33 of 1990 s. 3; amended by No. 80 of 2004 s. 5.]

77.Conduct intended to incite racial animosity or racist harassment

Any person who engages in any conduct, otherwise than in private, by which the person intends to create, promote or increase animosity towards, or harassment of, a racial group, or a person as a member of a racial group, is guilty of a crime and is liable to imprisonment for 14 years.

Alternative offence: s. 78, 80A or 80B.

[Section 77 inserted by No. 80 of 2004 s. 6; amended by No. 70 of 2004 s. 38(3).]

78.Conduct likely to incite racial animosity or racist harassment

Any person who engages in any conduct, otherwise than in private, that is likely to create, promote or increase animosity towards, or harassment of, a racial group, or a person as a member of a racial group, is guilty of a crime and is liable to imprisonment for 5 years.

Alternative offence: s. 80A or 80B.

Summary conviction penalty: imprisonment for 2 years and a fine of $24 000.

[Section 78 inserted by No. 80 of 2004 s. 6; amended by No. 70 of 2004 s. 38(1) and (3).]

79.Possession of material for dissemination with intent to incite racial animosity or racist harassment

Any person who — 

(a)possesses written or pictorial material that is threatening or abusive intending the material to be published, distributed or displayed whether by that person or another person; and

(b)intends the publication, distribution or display of the material to create, promote or increase animosity towards, or harassment of, a racial group, or a person as a member of a racial group,

is guilty of a crime and is liable to imprisonment for 14 years.

Alternative offence: s. 80, 80C or 80D.

[Section 79 inserted by No. 80 of 2004 s. 6; amended by No. 70 of 2004 s. 38(3).]

80.Possession of material for dissemination if material likely to incite racial animosity or racist harassment

If — 

(a)any person possesses written or pictorial material that is threatening or abusive intending the material to be published, distributed or displayed whether by that person or another person; and

(b)the publication, distribution or display of the material would be likely to create, promote or increase animosity towards, or harassment of, a racial group, or a person as a member of a racial group,

the person possessing the material is guilty of a crime and is liable to imprisonment for 5 years.

Alternative offence: s. 80C or 80D.

Summary conviction penalty: imprisonment for 2 years and a fine of $24 000.

[Section 80 inserted by No. 80 of 2004 s. 6; amended by No. 70 of 2004 s. 38(1) and (3).]

80A.Conduct intended to racially harass

Any person who engages in any conduct, otherwise than in private, by which the person intends to harass a racial group, or a person as a member of a racial group, is guilty of a crime and is liable to imprisonment for 5 years.

Alternative offence: s. 78 or 80B.

Summary conviction penalty: imprisonment for 2 years and a fine of $24 000.

[Section 80A inserted by No. 80 of 2004 s. 6; amended by No. 70 of 2004 s. 38(1) and (3).]

80B.Conduct likely to racially harass

Any person who engages in any conduct, otherwise than in private, that is likely to harass a racial group, or a person as a member of a racial group, is guilty of a crime and is liable to imprisonment for 3 years.

Summary conviction penalty: imprisonment for 12 months and a fine of $12 000.

[Section 80B inserted by No. 80 of 2004 s. 6; amended by No. 70 of 2004 s. 38(2).]

80C.Possession of material for display with intent to racially harass

Any person who — 

(a)possesses written or pictorial material that is threatening or abusive intending the material to be displayed whether by that person or another person; and

(b)intends the display of the material to harass a racial group, or a person as a member of a racial group,

is guilty of a crime and is liable to imprisonment for 5 years.

Alternative offence: s. 80 or 80D.

Summary conviction penalty: imprisonment for 2 years and a fine of $24 000.

[Section 80C inserted by No. 80 of 2004 s. 6; amended by No. 70 of 2004 s. 38(1) and (3).]

80D.Possession of material for display if material likely to racially harass

If — 

(a)any person possesses written or pictorial material that is threatening or abusive intending the material to be displayed whether by that person or another person; and

(b)the display of the material would be likely to harass a racial group, or a person as a member of a racial group,

the person possessing the material is guilty of a crime and is liable to imprisonment for 3 years.

Summary conviction penalty: imprisonment for 12 months and a fine of $12 000.

[Section 80D inserted by No. 80 of 2004 s. 6; amended by No. 70 of 2004 s. 38(2).]

80E.Conduct and private conduct

(1)A reference in section 77, 78, 80A or 80B to conduct includes a reference to conduct occurring on a number of occasions over a period of time.

(2)For the purposes of sections 77, 78, 80A and 80B conduct is taken not to occur in private if it —

(a)consists of any form of communication with the public or a section of the public; or

(b)occurs in a public place or in the sight or hearing of people who are in a public place.

[Section 80E inserted by No. 80 of 2004 s. 6.]

80F.Belief as to existence or membership of racial group

For the purposes of proceedings for an offence under section 77, 79, 80A, 80C, 313, 317, 317A, 338B or 444 it does not matter whether a group of persons was a racial group or whether a person was a member of a racial group as long as the accused person believed at the time of the alleged offence that the group was a racial group or that the person was a member of a racial group, as the case may be.

[Section 80F inserted by No. 80 of 2004 s. 6.]

80G.Defences

(1)It is a defence to a charge under section 78 or 80B to prove that the accused person’s conduct was engaged in reasonably and in good faith —

(a)in the performance, exhibition or distribution of an artistic work;

(b)in the course of any statement, publication, discussion or debate made or held, or any other conduct engaged in, for —

(i)any genuine academic, artistic, religious or scientific purpose; or

(ii)any purpose that is in the public interest;

or

(c)in making or publishing a fair and accurate report or analysis of any event or matter of public interest.

(2)It is a defence to a charge under section 80 or 80D to prove that the accused person intended the material to be published, distributed or displayed (as the case may be) reasonably and in good faith —

(a)in the performance, exhibition or distribution of an artistic work;

(b)in the course of any statement, publication, discussion or debate made or held, or any other conduct engaged in, for —

(i)any genuine academic, artistic, religious or scientific purpose; or

(ii)any purpose that is in the public interest;

or

(c)in making or publishing a fair and accurate report or analysis of any event or matter of public interest.

[Section 80G inserted by No. 80 of 2004 s. 6.]

80H.Consent to prosecutions

A prosecution under section 77, 78, 79 or 80 must not be commenced without the consent of the Director of Public Prosecutions.

[Section 80H inserted by No. 80 of 2004 s. 6.]

80I.Circumstances of racial aggravation, meaning of

In sections 313, 317, 317A, 338B and 444 —

circumstances of racial aggravation means circumstances in which —

(a)immediately before or during or immediately after the commission of the offence, the offender demonstrates hostility towards the victim based, in whole or part, on the victim being a member of a racial group; or

(b)the offence is motivated, in whole or part, by hostility towards persons as members of a racial group.

[Section 80I inserted by No. 80 of 2004 s. 6.]

80J.Forfeiture of unlawful material

A court that convicts a person of an offence under section 79, 80, 80C or 80D may make an order for the forfeiture to the State, or the destruction or disposal, of any written or pictorial material in respect of which the offence was committed.

[Section 80J inserted by No. 59 of 2006 s. 19.]

Part III — Offences against the administration of law and justice and against public authority

Chapter XII — Disclosing official secrets

81.Disclosing official secrets

(1)In this section —

disclosure includes —

(a)any publication or communication; and

(b)in relation to information in a record, parting with possession of the record;

government contractor means a person who is not employed in the Public Service but who provides, or is employed in the provision of, goods or services for the purposes of —

(a)the State of Western Australia;

(b)the Public Service; or

(c)the Police Force of Western Australia;

information includes false information, opinions and reports of conversations;

official information means information, whether in a record or not, that comes to the knowledge of, or into the possession of, a person because the person is a public servant or government contractor;

public servant means a person employed in the Public Service;

unauthorised disclosure means —

(a)the disclosure by a person who is a public servant or government contractor of official information in circumstances where the person is under a duty not to make the disclosure; or

(b)the disclosure by a person who has been a public servant or government contractor of official information in circumstances where, were the person still a public servant or government contractor, the person would be under a duty not to make the disclosure.

(2)A person who, without lawful authority, makes an unauthorised disclosure is guilty of a crime and is liable to imprisonment for 3 years.

Summary conviction penalty: imprisonment for 12 months and a fine of $12 000.

[Section 81 inserted by No. 4 of 2004 s. 59; amended by No. 70 of 2004 s. 35(1).]

Chapter XIII — Corruption and abuse of office

[Heading inserted by No. 70 of 1988 s. 16.]

82.Bribery of public officer

Any public officer who obtains, or who seeks or agrees to receive, a bribe, and any person who gives, or who offers or promises to give, a bribe to a public officer, is guilty of a crime and is liable to imprisonment for 7 years.

[Section 82 inserted by No. 70 of 1988 s. 16.]

83.Corruption

Any public officer who, without lawful authority or a reasonable excuse — 

(a)acts upon any knowledge or information obtained by reason of his office or employment;

(b)acts in any matter, in the performance or discharge of the functions of his office or employment, in relation to which he has, directly or indirectly, any pecuniary interest; or

(c)acts corruptly in the performance or discharge of the functions of his office or employment,

so as to gain a benefit, whether pecuniary or otherwise, for any person, or so as to cause a detriment, whether pecuniary or otherwise, to any person, is guilty of a crime and is liable to imprisonment for 7 years.

[Section 83 inserted by No. 70 of 1988 s. 16; amended by No. 8 of 2002 s. 4.]

84.Application of s. 121 to judicial corruption not affected

In sections 82 and 83 public officer does not include the holder of a judicial office within the meaning of section 121.

[Section 84 inserted by No. 70 of 1988 s. 16.]

85.Falsification of records by public officer

Any public officer who, in the performance or discharge of the functions of his office or employment, corruptly — 

(a)makes any false entry in any record;

(b)omits to make any entry in any record;

(c)gives any certificate or information which is false in a material particular;

(d)by act or omission falsifies, destroys, alters or damages any record;

(e)furnishes a return relating to any property or remuneration which is false in a material particular; or

(f)omits to furnish any return relating to any property or remuneration, or to give any other information which he is required by law to give,

is guilty of a crime and is liable to imprisonment for 7 years.

[Section 85 inserted by No. 70 of 1988 s. 16; amended by No. 8 of 2002 s. 5; No. 70 of 2004 s. 8.]

86.Administering extra judicial oaths

(1)Any person who administers an oath or takes a declaration or affirmation without having lawful authority so to do is guilty of a crime and is liable to imprisonment for 2 years.

(2)This section does not apply to an oath, declaration or affirmation administered or taken — 

(a)as authorised or required by law of; or

(b)for purposes lawful in,

another country, State or Territory.

[Section 86 inserted by No. 70 of 1988 s. 16; amended by No. 70 of 2004 s. 34(1).]

87.Impersonating a public officer

(1)For the purposes of this section a person impersonates a public officer if the person —

(a)wears what is or purports to be the uniform of a public officer; or

(b)represents himself or herself by word or conduct to be a public officer,

when the person is not such a public officer.

(2)A person who impersonates a public officer and who —

(a)purports to do or exercise; or

(b)attends any place for the purposes of doing or exercising,

any act or power of such a public officer is guilty of a crime and is liable to imprisonment for 2 years.

Summary conviction penalty: imprisonment for 12 months and a fine of $12 000.

(3)For the purposes of subsection (2) it is immaterial whether the power referred to exists at law.

(4)An allegation in a charge of an offence under this section that at the material time the accused was not a public officer, or not a public officer of the kind that the accused is alleged to have impersonated, must be taken to be proved, unless the contrary is proved.

[Section 87 inserted by No. 70 of 2004 s. 9.]

88.Bargaining for public office

Any person who — 

(a)corruptly asks, receives or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind, whether pecuniary or otherwise, for himself or any other person on account of anything already done or omitted to be done, by him or any other person with regard to the appointment of any person as a public officer, or with regard to any application by any person for employment as a public officer; or

(b)corruptly gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure to, upon, or for any person any property or benefit of any kind, whether pecuniary or otherwise, on account of any such act or omission,

is guilty of a crime and is liable to imprisonment for 7 years.

[Section 88 inserted by No. 70 of 1988 s. 16; amended by No. 8 of 2002 s. 6.]

[89‑92.Deleted by No. 70 of 1988 s. 16.]

Chapter XIV — Offences at elections

[Heading inserted by No. 70 of 2004 s. 10.]

93.Terms used in this Chapter

In this Chapter —

election includes an election held under a written law that provides for the choice of persons to fill a public office;

elector includes any person entitled to vote in an election;

electoral conduct means —

(a)candidature in an election;

(b)withdrawal of candidature from an election;

(c)a vote, or an omission to vote, in an election;

(d)support of, or opposition to, a candidate in an election; or

(e)an application for a postal vote in an election;

electoral officer means a person who is authorised to conduct or assist in conducting an election.

[Section 93 inserted by No. 70 of 2004 s. 10.]

94.Application of this Chapter

This Chapter does not apply to or in respect of parliamentary or local government elections.

[Section 94 inserted by No. 70 of 2004 s. 10.]

95.Liability for acts of others

(1)For the purposes of this Chapter, the act of a candidate’s authorised agent is to be taken to be the act of the candidate unless the candidate proves —

(a)that the act was committed without the candidate’s knowledge or consent; and

(b)that the candidate had neither directly nor indirectly authorised or approved the act.

(2)For the purposes of this Chapter, a person is liable for an illegal act or omission committed directly or indirectly by the person, or by another person on the person’s behalf, except as provided by subsection (1).

[Section 95 inserted by No. 70 of 2004 s. 10.]

96.Bribery

(1)In this section —

reward means a reward in the form of property or any kind of advantage, benefit, consideration or recompense.

(2)A person who —

(a)promises, offers or suggests a reward for, or on account of, or to induce, electoral conduct or a promise of electoral conduct; or

(b)gives, takes or seeks a reward for, or on account of, electoral conduct or a promise of electoral conduct,

is guilty of an offence and is liable to imprisonment for 2 years and a fine of $24 000.

(3)The making of a declaration of public policy or a promise of public action does not give rise to an offence under this section.

[Section 96 inserted by No. 70 of 2004 s. 10.]

97.Undue influence

(1)In this section —

detriment means violence, injury, punishment, damage, loss or disadvantage.

(2)A person who —

(a)threatens, offers or suggests detriment for, or on account of, or to induce, electoral conduct or a promise of electoral conduct;

(b)uses, causes, inflicts or procures detriment for, or on account of, electoral conduct; or

(c)interferes with the free exercise of the franchise of an elector,

is guilty of an offence and is liable to imprisonment for 12 months and a fine of $12 000.

(3)The making of a declaration of public policy or a promise of public action does not give rise to an offence under this section.

[Section 97 inserted by No. 70 of 2004 s. 10.]

98.Electoral material, printing and publication of

(1)In this section —

electoral material means any advertisement, article, handbill, letter, notice, pamphlet, placard or poster the purpose of which is to influence voters in an election but does not include —

(a)a newspaper advertisement announcing the holding of a meeting;

(b)articles of apparel, lapel buttons, lapel badges, pens, pencils or balloons;

(c)business or visiting cards that promote the candidacy of any person in an election;

(d)letters or cards that —

(i)bear the name and address of the sender; and

(ii)do not contain a representation or purported representation of a ballot paper for use in an election;

print includes to photocopy and to reproduce by any means;

publish electoral material, includes to distribute it and to publish it by radio, television or electronic means.

(2)A person who prints or publishes electoral material, or who causes electoral material to be printed or published, is guilty of an offence and is liable to a fine of $2 000 unless there appears at the end of the material —

(a)the name and address (not being a post office box or email address) of the person who authorised the material; and

(b)the name and address (not being a post office box or email address) of the publisher.

[Section 98 inserted by No. 70 of 2004 s. 10.]

99.False or defamatory statements or deceptive material, publication of

(1)In this section —

deceptive material means any matter or thing that is likely to mislead or deceive an elector about how to vote or for whom to vote in an election;

print includes to photocopy and to reproduce by any means;

publish any material or statement, includes to distribute it and to publish it by radio, television or electronic means;

relevant period of an election, means the period beginning when nominations for the election are first officially invited and ending when the entitlement to vote in the election ceases.

(2)If during the relevant period of an election deceptive material is published, a person who made or who authorised the publishing of the material is guilty of an offence and is liable to imprisonment for 12 months and a fine of $12 000.

(3)It is a defence to a charge of an offence under subsection (2) to prove the accused did not know, and could not reasonably have been expected to know, that the material was deceptive material.

(4)If during the relevant period of an election a false or defamatory statement in relation to the personal character or conduct of a candidate in the election is published, a person who made or who authorised the publishing of the statement is guilty of an offence and is liable to imprisonment for 12 months and a fine of $12 000.

(5)It is a defence to a charge of an offence under subsection (4) to prove the accused believed the statement to be true and had reasonable grounds for doing so.

[Section 99 inserted by No. 70 of 2004 s. 10.]

100.Postal voting, offences in connection with

A candidate in an election who —

(a)interferes with an elector while the elector is applying for a postal vote in the election;

(b)communicates or interferes with or assists an elector in the process of completing and lodging a postal vote in the election; or

(c)takes custody of, or causes any other person other than the elector to take custody of, an envelope in which there is an elector’s postal vote in the election,

is guilty of an offence and is liable to imprisonment for 12 months and a fine of $12 000.

[Section 100 inserted by No. 70 of 2004 s. 10.]

101.Polling place, offences at or near

(1)A person who is in, or within 6 metres from an entrance to, a polling place on a polling day in an election and who —

(a)canvasses for votes in the election;

(b)solicits the vote of an elector in the election;

(c)attempts to induce an elector not to vote in the election; or

(d)attempts to induce an elector not to vote for a particular candidate in the election,

is guilty of an offence and is liable to a fine of $2 000.

(2)A person who, at a polling place or at a place where the votes cast in an election are being counted —

(a)interrupts, disturbs or obstructs proceedings in the place;

(b)disobeys the reasonable instructions of an electoral officer; or

(c)wilfully destroys, damages or removes a notice or other document that an electoral officer, acting within the scope of his or her authority, has displayed or caused to be displayed,

is guilty of an offence and is liable to a fine of $2 000.

(3)A person who, while an elector is in a compartment or booth for the purpose of marking a ballot paper —

(a)unlawfully enters the compartment or booth;

(b)unlawfully communicates with the elector; or

(c)unlawfully assists the elector in marking the ballot paper,

is guilty of an offence and is liable to imprisonment for 12 months and a fine of $12 000.

(4)Subsection (3) does not apply to a person who, with the permission of an electoral officer —

(a)having been nominated by the elector to do so, assists an elector who is illiterate or who is so disabled as to be unable to vote without assistance; or

(b)is present to witness the person assisting the elector.

[Section 101 inserted by No. 70 of 2004 s. 10.]

102.Voting offences

(1)A person who votes in an election in the knowledge that he or she is not entitled to vote in the election is guilty of an offence and is liable to imprisonment for 12 months and a fine of $12 000.

(2)A person who, in the knowledge that another person is not entitled to vote in the election, procures that person to vote in the election, is guilty of an offence and is liable to imprisonment for 12 months and a fine of $12 000.

(3)A person who personates an elector is guilty of an offence and is liable to imprisonment for 12 months and a fine of $12 000.

(4)A person who votes more often in an election than the person is entitled is guilty of an offence and is liable to imprisonment for 12 months and a fine of $12 000.

(5)A person who is entitled to cast more than one vote in an election and who casts more votes in the election than the person is entitled to cast is guilty of an offence and is liable to imprisonment for 12 months and a fine of $12 000.

[Section 102 inserted by No. 70 of 2004 s. 10.]

103.Ballot paper and ballot box offences

(1)A person who —

(a)forges a ballot paper;

(b)fraudulently damages or destroys a ballot paper;

(c)fraudulently puts a ballot paper in a ballot box; or

(d)wilfully and without authority destroys, takes, opens or otherwise interferes with a ballot paper or ballot box,

is guilty of an offence and is liable to imprisonment for 12 months and a fine of $12 000.

(2)A person who —

(a)supplies a ballot paper without authority;

(b)is in possession of an unauthorised ballot paper;

(c)marks a ballot paper without authority; or

(d)takes a ballot paper from a polling place without authority,

is guilty of an offence and is liable to imprisonment for 12 months and a fine of $12 000.

[Section 103 inserted by No. 70 of 2004 s. 10.]

104.Secrecy offences

(1)A person who without authority —

(a)looks at the ballot paper of any particular elector; or

(b)ascertains how any particular elector voted in an election,

is guilty of an offence and is liable to imprisonment for 12 months and a fine of $12 000.

(2)A person who discloses the vote of any particular elector is guilty of an offence and is liable to imprisonment for 12 months and a fine of $12 000.

[Section 104 inserted by No. 70 of 2004 s. 10.]

105.Electoral officer, offences by

An electoral officer who —

(a)attempts to influence the vote of an elector;

(b)by any unauthorised act or omission attempts to influence the result of an election; or

(c)discloses, except under compulsion of law, knowledge officially acquired concerning the vote of a particular elector,

is guilty of an offence and is liable to imprisonment for 12 months and a fine of $12 000.

[Section 105 inserted by No. 70 of 2004 s. 10.]

106.False statements in connection with an election

(1)A person who makes a statement that is false in a material particular —

(a)in a nomination to be a candidate in an election;

(b)in an application to be included on a list of electors in an election;

(c)in any other application or in any declaration, form, certificate or other document that the person completes in connection with an election; or

(d)in an answer to a question in connection with an election that is put by an electoral officer with authority to do so,

is guilty of an offence and is liable to imprisonment for 12 months and a fine of $12 000.

(2)A person who induces another person to commit an offence under subsection (1) is also guilty of an offence under that subsection.

[Section 106 inserted by No. 70 of 2004 s. 10.]

107.Evidentiary matters

In a prosecution for an offence under this Chapter in relation to an election, a certificate purporting to be signed by the officer responsible for conducting the election —

(a)as to when nominations for the election were first officially invited and when the entitlement to vote in the election ceased;

(b)that a person named in the certificate was or was not a candidate in the election;

(c)that a person named in the certificate was or was not an elector in the election;

(d)that a place was or was not a polling place for the purpose of the election;

(e)that a day was or was not a polling day for the election; or

(f)that the election was duly held,

is admissible without calling the officer and is proof of its contents in the absence of evidence to the contrary.

[Section 107 inserted by No. 70 of 2004 s. 10.]

[108‑118.Deleted by No. 70 of 2004 s. 10.]

[Chapter XV (s. 119) deleted by No. 70 of 1988 s. 17.]

Chapter XVI — Offences relating to the administration of justice

120.Judicial proceeding, meaning of

In this Chapter the term judicial proceeding includes any proceeding had or taken in or before any court, tribunal, or person, in which evidence may be taken on oath.

121.Judicial corruption

Any person who — 

(1)Being the holder of a judicial office, corruptly asks, receives, or obtains, or agrees or attempts to receive or obtain any property or benefit of any kind for himself or any other person on account of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by him in his judicial capacity; or

(2)Corruptly gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure to, upon, or for any person holding a judicial office, or to, upon, or for any other person, any property or benefit of any kind on account of any such act or omission on the part of the person holding the judicial office;

is guilty of a crime, and is liable to imprisonment for 14 years.

The term holder of a judicial office in this section includes an arbitrator or umpire and any member of any board or court of conciliation or arbitration; but in the case of an offence committed by or with respect to any such person, the longest term of imprisonment is 7 years.

A prosecution for an offence under paragraph (1) can not be begun except — 

(a)by a public officer acting in the course of his duties; or

(b)by or with the consent of the Attorney General.

[Section 121 amended by No. 119 of 1985 s. 30; No. 101 of 1990 s. 8; No. 51 of 1992 s. 16(2); No. 73 of 1994 s. 4.]

122.Official corruption not judicial but relating to offences

Any person who — 

(1)Being a justice not acting judicially, or being a person employed in the Public Service in any capacity not judicial, for the prosecution or detention or punishment of offenders, corruptly asks, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or any other person, on account of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by him, with a view to corrupt or improper interference with the due administration of justice, or the procurement or facilitation of the commission of any offence, or the protection of any offender or intending offender from detection or punishment; or

(2)Corruptly gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, to, upon, or for any such person, or to, upon, or for any other person, any property or benefit of any kind, on account of any such act or omission on the part of the justice or other person so employed;

is guilty of a crime, and is liable to imprisonment for 14 years.

[Section 122 amended by No. 119 of 1985 s. 30; No. 51 of 1992 s. 16(2); No. 73 of 1994 s. 4.]

123.Corrupting or threatening jurors

Any person who — 

(1)Attempts by threats or intimidation of any kind, or by benefits or promises of benefit of any kind, or by other corrupt means, to influence any person, whether a particular person or not, in his conduct as a juror in any judicial proceeding, whether he has been sworn as a juror or not; or

(2)Threatens to do any injury or cause any detriment of any kind to any person on account of anything done by him as a juror in any judicial proceeding; or

(3)Accepts any benefit or promise of benefit on account of anything to be done by him as a juror in any judicial proceeding, whether he has been sworn as a juror or not, or on account of anything already done by him as a juror in any judicial proceeding;

is guilty of a crime, and is liable to imprisonment for 5 years.

[Section 123 amended by No. 101 of 1990 s. 9; No. 51 of 1992 s. 16(2); No. 70 of 2004 s. 34(1).]

124.Perjury

Any person who, in any judicial proceeding, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question then depending in that proceeding, or intended to be raised in that proceeding, is guilty of a crime which is called perjury.

It is immaterial whether the testimony is given on oath or under any other sanction authorised by law.

The forms and ceremonies used in administering the oath or in otherwise binding the person giving the testimony to speak the truth are immaterial, if he assents to the forms and ceremonies actually used.

It is immaterial whether the false testimony is given orally or in writing.

It is immaterial whether the court or tribunal is properly constituted, or is held in the proper place, or not, if it actually acts as a court or tribunal in the proceeding in which the testimony is given.

It is immaterial whether the person who gives the testimony is a competent witness or not, or whether the testimony is admissible in the proceeding or not.

[Section 124 amended by No. 119 of 1985 s. 30.]

125.Penalty for perjury

Any person who commits perjury is liable to imprisonment for 14 years.

If the offender commits the crime in order to procure the conviction of another person for a crime punishable with imprisonment for life, he is liable to imprisonment for life.

[Section 125 amended by No. 52 of 1984 s. 14; No. 51 of 1992 s. 16(2); No. 29 of 2008 s. 16(3).]

[126.Deleted by No. 70 of 1988 s. 31.]

127.False evidence before a Royal Commission

Any person who, in the course of an examination before a Royal Commission, knowingly gives a false answer to any lawful and relevant question put to him in the course of the examination is guilty of a crime, and is liable to imprisonment for 7 years.

[Section 127 amended by No. 119 of 1985 s. 30; No. 70 of 1988 s. 31; No. 51 of 1992 s. 16(2).]

128.Threatening witness before Royal Commission etc.

Any person who — 

(1)Threatens to do any injury, or cause any detriment of any kind to another, with intent to prevent or hinder that other person from giving evidence before any Royal Commission or on other public inquiry; or

(2)Threatens, or in any way punishes, damnifies, or injures, or attempts to punish, damnify, or injure any other person for having given such evidence, or on account of the evidence which he has given, unless such evidence was given in bad faith;

is guilty of a crime, and is liable to imprisonment for 2 years.

[Section 128 amended by No. 51 of 1992 s. 16(2); No. 70 of 2004 s. 34(1).]

129.Fabricating evidence

Any person who, with intent to mislead any tribunal in any judicial proceeding — 

(1)Fabricates evidence by any means other than perjury or counselling or procuring the commission of perjury; or

(2)Knowingly makes use of such fabricated evidence;

is guilty of a crime, and is liable to imprisonment for 7 years.

[Section 129 amended by No. 119 of 1985 s. 30; No. 51 of 1992 s. 16(2).]

130.Corruption of witnesses

Any person who — 

(1)Gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, any property or benefit of any kind to, upon, or for any person, upon any agreement or understanding that any person called or to be called as a witness in any judicial proceeding shall give false testimony or withhold true testimony; or

(2)Attempts by any other means to induce a person called or to be called as a witness in any judicial proceeding to give false testimony or to withhold true testimony; or

(3)Asks, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or any other person, upon any agreement or understanding that any person shall, as a witness in any judicial proceeding, give false testimony or withhold true testimony,

is guilty of a crime, and is liable to imprisonment for 7 years.

[Section 130 amended by No. 119 of 1985 s. 30; No. 51 of 1992 s. 16(2).]

131.Deceiving witnesses

Any person who practises any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token, or writing, to any person called or to be called as a witness in any judicial proceeding, with intent to affect the testimony of such person as a witness, is guilty of a crime, and is liable to imprisonment for 3 years.

[Section 131 amended by No. 51 of 1992 s. 16(2); No. 70 of 2004 s. 34(1).]

132.Destroying evidence

Any person who, knowing that any book, document, or other thing of any kind, is or may be required in evidence in a judicial proceeding, wilfully destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence, is guilty of a crime, and is liable to imprisonment for 7 years.

[Section 132 amended by No. 51 of 1992 s. 16(2); No. 8 of 2002 s. 7.]

133.Preventing witnesses from attending

Any person who wilfully prevents or attempts to prevent any person who has been duly summoned to attend as a witness before any court or tribunal from attending as a witness, or from producing anything in evidence pursuant to the subpoena or summons, is guilty of a crime, and is liable to imprisonment for one year.

[Section 133 amended by No. 70 of 2004 s. 34(1).]

133A.False prosecution, commencing

Any person who knowingly signs a prosecution notice under the Criminal Procedure Act 2004 which, in any material particular, is to his knowledge false, is guilty of a crime and is liable to imprisonment for 7 years.

[Section 133A inserted by No. 10 of 1999 s. 3; amended by No. 59 of 2004 s. 80; No. 84 of 2004 s. 28.]

134.Conspiracy to bring false accusation

Any person who conspires with another to charge any person or cause any person to be charged with any offence, whether alleged to have been committed in Western Australia, or elsewhere, knowing that such person is innocent of the alleged offence, or not believing him to be guilty of the alleged offence, is guilty of a crime.

If the offence is such that a person convicted of it is liable to be sentenced to imprisonment for life, the offender is liable to imprisonment for 20 years.

If the offence is such that a person convicted of it is liable to be sentenced to imprisonment, but for a term less than life, the offender is liable to imprisonment for 14 years.

In any other case the offender is liable to imprisonment for 7 years.

[Section 134 amended by No. 118 of 1981 s. 5; No. 52 of 1984 s. 15; No. 119 of 1985 s. 30; No. 51 of 1992 s. 16(2); No. 29 of 2008 s. 16(4).]

135.Conspiring to defeat justice

Any person who conspires with another to obstruct, prevent, pervert, or defeat the course of justice is guilty of a crime, and is liable to imprisonment for 7 years.

[Section 135 amended by No. 119 of 1985 s. 30; No. 51 of 1992 s. 16(2).]

136.Compounding or concealing offences

(1)In this section —

compound, in relation to an offence, includes —

(a)to abstain from, to discontinue, and to delay, prosecuting the offence; and

(b)to withhold evidence in relation to the offence.

(2)A person who obtains, or who seeks or agrees to receive, any property or benefit, pecuniary or otherwise, for any person, upon an agreement or understanding that the person will compound or conceal an offence is guilty of a crime and is liable to imprisonment for 7 years.

[Section 136 inserted by No. 70 of 2004 s. 11.]

[137.Deleted by No. 70 of 2004 s. 11.]

138.Advertising reward etc. for stolen property

(1)A person who, in any public offer of a reward for the return of any stolen or lost property, uses any words to the effect that no questions will be asked of, or that no action will be taken against, the person returning the property is guilty of an offence and is liable to a fine of $2 000.

(2)A person who offers publicly to pay another person who may have purchased any stolen or lost property or advanced any money by way of loan on the security of any such property —

(a)a refund of the purchase price or the money loaned; or

(b)a reward or any other sum of money for the return of any such property,

is guilty of an offence and is liable to a fine of $2 000.

(3)A person who prints or publishes an offer of the kind referred to in subsection (1) or (2) is guilty of an offence and is liable to a fine of $2 000.

[Section 138 inserted by No. 70 of 2004 s. 12.]

139.Justices acting when personally interested

Any person who — 

[(1)deleted]

(2)Being a justice, wilfully and perversely exercises jurisdiction in any matter in which he has a personal interest;

is guilty of a crime, and is liable to imprisonment for 2 years.

[Section 139 amended by No. 87 of 1982 s. 31; No. 73 of 1994 s. 4; No. 70 of 2004 s. 34(1).]

[140.Deleted by No. 87 of 1982 s. 32.]

141.Bringing fictitious action on penal statute

Any person who, in the name of a fictitious plaintiff, or in the name of a real person, but without his authority, brings an action against another person upon a penal statute for the recovery of a penalty for any offence committed or alleged to have been committed by him, is guilty of a crime, and is liable to imprisonment for 2 years.

[Section 141 amended by No. 70 of 2004 s. 34(1).]

142.Inserting advertisement without authority of court

Any person who, without authority, or knowing the advertisement to be false in any material particular, inserts or causes to be inserted in the Government Gazette, or in any newspaper an advertisement purporting to be published under the authority of any court or tribunal, is guilty of a crime, and is liable to imprisonment for 2 years.

[Section 142 amended by No. 51 of 1992 s. 16(2); No. 70 of 2004 s. 34(1).]

143.Attempting to pervert course of justice

Any person who attempts to obstruct, prevent, pervert, or defeat the course of justice is guilty of a crime, and is liable to imprisonment for 7 years.

[Section 143 inserted by No. 106 of 1987 s. 26.]

Chapter XVII — Escapes: Rescues: Obstructing officers of courts

144.Forcibly freeing certain offenders from custody

Any person who forcibly frees, or attempts to free, from lawful custody any person serving a sentence for, or charged with, an offence that is punishable with imprisonment for life, or for 20 years or more, is guilty of a crime and is liable to imprisonment for 20 years.

[Section 144 inserted by No. 29 of 2008 s. 15.]

145.Aiding a person to escape from lawful custody

(1)In this section —

prison includes any place where a person is or may be held in lawful custody.

(2)A person who conveys anything or causes anything to be conveyed into a prison with intent to facilitate the escape of a person from that or another prison is guilty of a crime and is liable to imprisonment for 7 years.

Summary conviction penalty: imprisonment for 3 years and a fine of $36 000.

(3)A person who aids a person in escaping or attempting to escape from lawful custody is guilty of a crime and is liable to imprisonment for 7 years.

Summary conviction penalty: imprisonment for 3 years and a fine of $36 000.

[Section 145 inserted by No. 70 of 2004 s. 13.]

146.Escaping from lawful custody

A person who escapes from lawful custody is guilty of a crime and is liable to imprisonment for 7 years.

Summary conviction penalty: imprisonment for 3 years and a fine of $36 000.

[Section 146 inserted by No. 70 of 2004 s. 13.]

147.Permitting escape

Any person who, being an officer of a prison or police officer, and being charged for the time being, with the custody of a prisoner or a person under arrest upon a charge of an offence, wilfully permits him to escape from custody, is guilty of a crime, and is liable to imprisonment for 3 years.

[Section 147 amended by No. 51 of 1992 s. 16(2); No. 70 of 2004 s. 34(1).]

148.Aiding an escapee

(1)In this section —

aid includes to harbour, to maintain and to employ.

(2)A person who aids a person who is, to the person’s knowledge, a person who has escaped from lawful custody is guilty of a crime and is liable to imprisonment for 3 years.

Summary conviction penalty: imprisonment for 12 months and a fine of $12 000.

[Section 148 inserted by No. 70 of 2004 s. 14.]

149.Rescuing, permitting escape of or concealing a person subject to any law relating to mental disorder

Any person who — 

(a)rescues, or wilfully permits the escape of, a person who is in custody, or is detained, pursuant to the Mental Health Act 1996 or any law relating to mental impairment; or

(b)conceals a person who — 

(i)is rescued or escapes from that custody or detention; or

(ii)is absent without leave, within the meaning of the Mental Health Act 1996 or any law relating to mental impairment,

is guilty of a crime and is liable to imprisonment for 3 years.

[Section 149 inserted by No. 35 of 1962 s. 3; amended by No. 51 of 1992 s. 16(2); No. 69 of 1996 s. 8; No. 70 of 2004 s. 34(1).]

150.Removing etc. property under lawful seizure

Any person who, when any property has been attached or taken under the process or authority of any court of justice, knowingly, and with intent to hinder or defeat the attachment, or process, receives, removes, retains, conceals, or disposes of such property, is guilty of a crime, and is liable to imprisonment for 3 years.

Summary conviction penalty: imprisonment for 12 months and a fine of $12 000.

[Section 150 amended by No. 51 of 1992 s. 16(2); No. 36 of 1996 s. 8; No. 70 of 2004 s. 34(1) and 35(1).]

151.Obstructing officers of courts of justice

Any person who wilfully obstructs or resists any person lawfully charged with the execution of an order or warrant of any court of justice is guilty of a crime, and is liable to imprisonment for 2 years.

Summary conviction penalty: $6 000.

[Section 151 amended by No. 113 of 1965 s. 8(1); No. 21 of 1972 s. 6; No. 51 of 1992 s. 16(2); No. 36 of 1996 s. 9; No. 50 of 2003 s. 51(10); No. 70 of 2004 s. 34(1) and 35(4).]

[Chapter XVIII (s. 152‑166) deleted by No. 70 of 1988 s. 18.]

[Chapter XIX (s. 167) deleted by No. 70 of 1988 s. 19(1).]

Chapter XX — Miscellaneous offences against public authority

[168.Deleted by No. 52 of 1984 s. 18.]

169.False statements on oath

(1)Any person who, when under oath or any sanction that may be lawfully substituted for an oath, knowingly makes a statement, whether orally or in writing, that is false in a material particular is guilty of a crime and is liable to imprisonment for 7 years.

Summary conviction penalty: imprisonment for 3 years and a fine of $36 000.

(2)Any person who knowingly makes a statement that is false in a material particular in a statutory declaration is guilty of a crime and is liable to imprisonment for 5 years.

Summary conviction penalty: imprisonment for 2 years and a fine of $24 000.

[Section 169 inserted by No. 24 of 2005 s. 41.]

170.False information to officials etc.

(1)Any person who, being required under a written law to give information, whether orally or in writing, to another person, knowingly gives information to the other person that is false in a material particular is guilty of a crime and is liable to imprisonment for 3 years.

Summary conviction penalty: imprisonment for 18 months and a fine of $18 000.

(2)Subsection (1) does not apply if the person is required to give the information on oath or in a statutory declaration.

[Section 170 inserted by No. 24 of 2005 s. 42.]

171.Creating false belief

(1)In this section —

belief means a belief or suspicion that —

(a)an offence has been or is about to be committed;

(b)human safety is or may be endangered;

(c)human life has or may have been lost;

(d)property is or may be endangered;

(e)property has or may have been destroyed;

(f)there is a fire that needs to be put out,

and that is of such a nature as would reasonably call for action by the Police Force or by emergency services.

(2)A person who does or omits to do any act with the intention of creating a false belief is guilty of a crime and is liable to imprisonment for 2 years.

Summary conviction penalty: imprisonment for 12 months and a fine of $12 000.

(3)A court convicting a person of an offence under this section may order the person to pay all or some of the reasonable expenses of or incidental to any action that was reasonably taken as a result of the offence, whether or not by the Police Force or emergency services.

(4)The order must specify the person or persons to whom the amount is to be paid.

(5)Part 16 of the Sentencing Act 1995 applies to and in respect of an order made under subsection (3) as if it were a compensation order made under that Part.

[Section 171 inserted by No. 70 of 2004 s. 15.]

172.Obstructing public officers

(1)In this section —

obstruct includes to prevent, to hinder and to resist.

(2)A person who obstructs a public officer, or a person lawfully assisting a public officer, in the performance of the officer’s functions is guilty of a crime and is liable to imprisonment for 3 years.

Summary conviction penalty: imprisonment for 18 months and a fine of $18 000.

[Section 172 inserted by No. 70 of 2004 s. 16.]

173.Refusal by public officer to perform duty

Any person who, being employed in the Public Service, or as an officer of any court or tribunal, perversely and without lawful excuse omits or refuses to do any act which it is his duty to do by virtue of his employment, is guilty of a crime, and is liable to imprisonment for 2 years.

[Section 173 amended by No. 73 of 1994 s. 4; No. 70 of 2004 s. 34(1).]

[174, 175.Deleted by No. 4 of 2004 s. 15.]

176.Neglect to aid in arresting offenders

Any person who, having reasonable notice that he is required to assist any sheriff, under sheriff, justice, mayor, or police officer, in arresting any person, or in preserving the peace, without reasonable excuse omits to do so, is guilty of a crime, and is liable to imprisonment for one year.

[Section 176 amended by No. 70 of 2004 s. 34(1).]

177.Disobedience to statute law

Any person who, without lawful excuse, the proof of which lies on him, does any act which he is, by the provisions of any public statute in force in Western Australia, forbidden to do or omits to do any act which he is, by the provisions of any such statute, required to do, is guilty of a crime, unless some mode of proceeding against him for such disobedience is expressly provided by statute, and is intended to be exclusive of all other punishment.

The offender is liable to imprisonment for one year.

[Section 177 amended by No. 70 of 2004 s. 34(1).]

178.Disobedience to lawful order issued by statutory authority

Any person who, without lawful excuse, the proof of which lies on him, disobeys any lawful order issued by any court of justice, or by any person authorised by any public statute in force in Western Australia to make the order, is guilty of a crime, unless some mode of proceeding against him for such disobedience is expressly provided by statute, and is intended to be exclusive of all other punishment.

The offender is liable to imprisonment for one year.

[Section 178 amended by No. 70 of 2004 s. 34(1).]

Part IV — Acts injurious to the public in general

[Chapter XXI (s. 179, 180) deleted by No. 70 of 1988 s. 20.]

Chapter XXII — Offences against morality

181.Carnal knowledge of animal

Any person who has carnal knowledge of an animal is guilty of a crime and is liable to imprisonment for 7 years.

[Section 181 inserted by No. 32 of 1989 s. 5.]

[182.Deleted by No. 106 of 1987 s. 14(5).]

[183.Deleted by No. 32 of 1989 s. 6.]

[184.Deleted by No. 3 of 2002 s. 35(1).]

[185.Deleted by No. 14 of 1992 s. 6(2).]

186.Occupier or owner allowing certain persons to be on premises for unlawful carnal knowledge

(1)Any person who, being the owner or occupier of any premises, or having or acting or assisting in the management or control of any premises, induces or knowingly permits any child of such age as in this section is mentioned to resort to or be in or upon such premises for the purpose of being unlawfully carnally known by any person, whether a particular person or not is guilty of a crime, and;

(a)if the child is under the age of 16 years, is liable to imprisonment for 2 years; and

(b)if the child is under the age of 13 years, is liable to imprisonment for 20 years.

Alternative offence: s. 191(1).

(2)It is a defence to a charge under subsection (1) to prove the accused person believed on reasonable grounds that the child was of or above the age of 16 years.

(3)It is no defence to a charge of an offence against this section that the act of the accused person by which the offence was committed was done with the consent of the person with respect to whom the act was done.

[Section 186 inserted by No. 32 of 1989 s. 9; amended by No. 3 of 2002 s. 36; No. 70 of 2004 s. 17 and 36(3).]

187.Facilitating sexual offences against children outside Western Australia

(1)In this section —

prohibited conduct means —

(a)the doing of an act in a place outside Western Australia in respect of a child under the age of 16 years which if done in Western Australia would constitute an offence under Chapter XXXI; or

(b)the commission of an offence under Part IIIA Division 2 of the Crimes Act 1914 of the Commonwealth.

(2)A person —

(a)who does any act for the purpose of enabling or aiding another person;

(b)who aids another person; or

(c)who counsels or procures another person,

to engage in prohibited conduct is guilty of a crime and is liable to imprisonment for 20 years.

[Section 187 inserted by No. 4 of 2004 s. 4.]

[188, 189.Deleted by No. 14 of 1992 s. 6(2).]

190.Being involved with prostitution

(1)Any person who —

(a)keeps or manages, or acts, or assists in the management of any premises for purposes of prostitution;

(b)being the tenant, lessee, or occupier of any premises, permits such premises, or any part thereof, to be used for purposes of prostitution; or

(c)being the lessor or landlord of any premises, or the agent of such lessor or landlord, lets the same, or any part thereof, or collects the rent with the knowledge that such premises, or some part thereof, are or is to be used for purposes of prostitution, or is a party to the continued use of such premises, or any part thereof, for purposes of prostitution,

is guilty of a crime and is liable to imprisonment for 3 years.

Summary conviction penalty: imprisonment for 12 months and a fine of $12 000.

(2)For the purposes of subsection (1)(a), a person who appears, acts, or behaves as the person having control of, or the care or management of, any premises is to be taken to be keeping the premises, whether the person is or is not the real keeper.

(3)Any person who lives wholly or partly on earnings that the person knows are the earnings of prostitution is guilty of a crime and is liable to imprisonment for 3 years.

Summary conviction penalty: imprisonment for 12 months and a fine of $12 000.

(4)For the purposes of subsection (3), if a person lives with, or is habitually in the company of a prostitute, and has no visible means of subsistence, the person shall, unless he or she can satisfy the court to the contrary, be taken to be living on earnings that the person knows are the earnings of prostitution.

[Section 190 inserted by No. 70 of 2004 s. 18.]

191.Procuring person to be prostitute etc.

(1)Any person who — 

(a)Procures a girl or woman who is under the age of 21 years, and is not a common prostitute or of known immoral character to have unlawful carnal connection with a man, either in Western Australia or elsewhere; or

(b)Procures a woman or girl to become a common prostitute either in Western Australia or elsewhere; or

(c)Procures a woman or girl to leave Western Australia, with intent that she may become an inmate of a brothel, elsewhere; or

(d)Procures a woman or girl to leave her usual place of abode in Western Australia, such place not being a brothel, with intent that she may, for the purposes of prostitution, become an inmate of a brothel, either in Western Australia or elsewhere; or

(e)Procures a man or boy for any of the above purposes;

is guilty of a crime, and is liable to imprisonment for 2 years.

Alternative offence for a charge of an offence under subsection (1)(a): s. 186(1).

(2)It is no defence to a charge of an offence against this section that the act of the accused person by which the offence was committed was done with the consent of the person with respect to whom the act was done.

[Section 191 amended by No. 70 of 1988 s. 31; No. 32 of 1989 s. 12; No. 48 of 1991 s. 12(7); No. 51 of 1992 s. 16(2); No. 70 of 2004 s. 19(1), 19(2), 34(1) and 36(4).]

192.Procuring person to have unlawful carnal knowledge by threats, fraud or administering drugs

(1)Any person who — 

(a)By threats or intimidation of any kind procures a woman or girl to have unlawful carnal connection with a man, either in Western Australia or elsewhere; or

(b)By any false pretence procures a woman or girl, who is not a common prostitute or of known immoral character, to have unlawful carnal connection with a man, either in Western Australia or elsewhere; or

(c)Administers to a woman or girl, or causes a woman or girl to take, any drug or other thing with intent to stupefy or overpower her in order to enable any man, whether a particular man or not, to have unlawful carnal knowledge of her; or

(d)Does any of the foregoing acts with respect to a man or boy;

is guilty of a crime, and is liable to imprisonment for 2 years.

(2)It is no defence to a charge of an offence against this section that the act of the accused person by which the offence was committed was done with the consent of the person with respect to whom the act was done.

[Section 192 amended by No. 70 of 1988 s. 31; No. 32 of 1989 s. 13; No. 48 of 1991 s. 12(7); No. 51 of 1992 s. 16(2); No. 70 of 2004 s. 20 and 34(1).]

[193, 194.Deleted by No. 101 of 1990 s. 10.]

[195.Deleted by No. 17 of 2000 s. 64.]

[196‑198.Deleted by No. 14 of 1992 s. 6(2).]

199.Abortion

(1)It is unlawful to perform an abortion unless —

(a)the abortion is performed by a medical practitioner in good faith and with reasonable care and skill; and

(b)the performance of the abortion is justified under section 334 of the Health Act 1911.

(2)A person who unlawfully performs an abortion is guilty of an offence.

Penalty: $50 000.

(3)Subject to section 259, if a person who is not a medical practitioner performs an abortion that person is guilty of a crime and is liable to imprisonment for 5 years.

(4)In this section —

medical practitioner has the same meaning as it has in the Health Act 1911.

(5)A reference in this section to performing an abortion includes a reference to —

(a)attempting to perform an abortion; and

(b)doing any act with intent to procure an abortion,

whether or not the woman concerned is pregnant.

[Section 199 inserted by No. 15 of 1998 s. 4.]

[200, 201.Deleted by No. 15 of 1998 s. 4.]

202.Obscene acts in public

(1)A person who does an obscene act —

(a)in a public place or in the sight of any person who is in a public place; or

(b)in a police station or lock‑up,

is guilty of a crime and is liable to imprisonment for 3 years.

Alternative offence: s. 203(1).

Summary conviction penalty: imprisonment for 12 months and a fine of $12 000.

(2)A person who owns, or has the control or management of, a place to which the public is admitted, whether on payment of consideration or not, and who permits a person to do an obscene act in that place is guilty of a crime and is liable to imprisonment for 3 years.

Alternative offence: s. 203(2).

Summary conviction penalty: imprisonment for 12 months and a fine of $12 000.

(3)It is a defence to a charge of an offence under this section to prove that it was for the public benefit that the act complained of should be done.

(4)Whether the doing of any such act is or is not for the public benefit is a question of fact.

[Section 202 inserted by No. 70 of 2004 s. 21.]

203.Indecent acts in public

(1)A person who does an indecent act —

(a)in a public place or in the sight of any person who is in a public place; or

(b)in a police station or lock‑up,

is guilty of a crime and is liable to imprisonment for 2 years.

Summary conviction penalty: imprisonment for 9 months and a fine of $9 000.

(2)A person who owns, or has the control or management of, a place to which the public is admitted, whether on payment of consideration or not, and who permits a person to do an indecent act in that place is guilty of a crime and is liable to imprisonment for 2 years.

Summary conviction penalty: imprisonment for 9 months and a fine of $9 000.

(3)It is a defence to a charge of an offence under this section to prove that it was for the public benefit that the act complained of should be done.

(4)Whether the doing of any such act is or is not for the public benefit is a question of fact.

[Section 203 inserted by No. 70 of 2004 s. 21.]

204.Indecent act with intent to offend

A person who does an indecent act in any place with intent to insult or offend any person is guilty of a crime and is liable to imprisonment for 3 years.

Summary conviction penalty: imprisonment for 12 months and a fine of $12 000.

[Section 204 inserted by No. 70 of 2004 s. 21.]

204A.Showing offensive material to children under 16

(1)In this section, unless the contrary intention appears — 

material includes — 

(a)an object;

(b)a still visual image of any kind, whether a drawing, painting, photograph, or other representation on a surface of any kind, and whether printed or not;

(c)a moving visual image of any kind, whether produced from a cinematographic film, video tape, or other medium;

(d)a hologram;

offensive material means material that — 

(a)describes, depicts, expresses, or otherwise deals with matters of sex, drug misuse or addiction, crime, cruelty or violence, or revolting or abhorrent phenomena, in a manner that is likely to cause offence to a reasonable adult;

(b)depicts a person (whether engaged in sexual activity or otherwise) who is, or who is apparently, a child under the age of 16 years in a manner that is likely to cause offence to a reasonable adult;

(c)describes, depicts, expresses, or otherwise deals with sexual activity of any kind between a human being and an animal; or

(d)promotes, incites, or instructs in matters of crime or violence,

and includes — 

(e)a publication, within the meaning of the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth, that has been classified RC, Category 1 restricted or Category 2 restricted under that Act;

(f)a film, within the meaning of the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth, that has been classified RC or X under that Act; and

(g)a computer game, within the meaning of the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth, that has been classified RC under that Act.

(2)A person who, with intent to commit a crime, shows offensive material to a child under the age of 16 years is guilty of a crime and is liable to imprisonment for 5 years.

(3)Upon an indictment charging a person with an offence under subsection (2), a certificate issued under an Act referred to in the definition of “offensive material” in subsection (1) as to the status of any material under that Act is, in the absence of evidence to the contrary, proof of the matters in the certificate.

(4)It is a defence to a charge under subsection (2) to prove the accused person —

(a)believed on reasonable grounds that the child was of or over the age of 16 years; and

(b)was not more than 3 years older than the child.

[Section 204A inserted by No. 14 of 1992 s. 5; amended by No. 40 of 1996 s. 152; No. 3 of 2002 s. 37; No. 30 of 2003 s. 42.]

204B.Using electronic communication to procure, or expose to indecent matter, children under 16

(1)In this section —

computer generated image means electronically recorded data capable, by way of an electronic device, of being produced on a computer monitor, television screen, liquid crystal display or similar medium as an image, whether or not the image is in the form of text;

electronic communication has the meaning given to that term in section 5 of the Electronic Transactions Act 2003;

indecent matter includes an indecent film, videotape, audiotape, picture, photograph, or printed or written matter;

picture includes an image, whether or not it is a computer generated image;

victim means a person whom an adult, contrary to subsection (2) or (3), intends to —

(a)procure to engage in sexual activity; or

(b)expose to any indecent matter.

(2)An adult who uses electronic communication —

(a)with intent to —

(i)procure a person under the age of 16 years to engage in sexual activity; or

(ii)expose a person under the age of 16 years to any indecent matter,

either in Western Australia or elsewhere; or

(b)with intent to —

(i)procure a person the offender believes is under the age of 16 years to engage in sexual activity; or

(ii)expose a person the offender believes is under the age of 16 years to any indecent matter,

either in Western Australia or elsewhere,

is guilty of a crime and is liable to imprisonment for 5 years.

(3)An adult who uses electronic communication —

(a)with intent to —

(i)procure a person under the age of 13 years to engage in sexual activity; or

(ii)expose a person under the age of 13 years to any indecent matter,

either in Western Australia or elsewhere; or

(b)with intent to —

(i)procure a person the offender believes is under the age of 13 years to engage in sexual activity; or

(ii)expose a person the offender believes is under the age of 13 years to any indecent matter,

either in Western Australia or elsewhere,

is guilty of a crime and is liable to imprisonment for 10 years.

Alternative offence: subsection (2).

(4)For the purpose of subsection (2)(a)(i) or (b)(i) or (3)(a)(i) or (b)(i), a person engages in sexual activity if the person —

(a)allows a sexual act to be done to the person’s body;

(b)does a sexual act to the person’s own body or the body of another person; or

(c)otherwise engages in an act of an indecent nature.

(5)The acts referred to in subsection (4) are not limited to penetration or acts involving physical contact.

(6)For the purpose of subsection (2)(a)(i) or (b)(i) or (3)(a)(i) or (b)(i), it is not necessary to prove that the accused person intended to procure the victim to engage in any particular sexual activity.

(7)If, despite subsection (6), an intention to procure the victim to engage in any particular sexual activity is alleged, it does not matter that, because of circumstances not known to the accused person, it is impossible in fact for the victim to engage in the sexual activity.

(8)For the purposes of subsection (2) or (3), it does not matter that the victim is a fictitious person represented to the accused person as a real person.

(9)Evidence that the victim was represented to the accused person as being under the age of 16 years, or 13 years, as the case may be, is, in the absence of evidence to the contrary, proof that the accused person believed the victim was under that age.

(10)It is a defence to a charge under subsection (2)(a) to prove the accused person believed on reasonable grounds that the victim was of or over the age of 16 years.

(11)It is a defence to a charge under subsection (3)(a) to prove the accused person believed on reasonable grounds that the victim was of or over the age of 13 years, but that does not prevent the person from being convicted of an offence under subsection (2).

[Section 204B inserted by No. 3 of 2006 s. 4.]

205.Ignorance of age no defence

Except as otherwise expressly stated, it is immaterial, in the case of any of the offences defined in this Chapter committed with respect to a person or child under the specified age, that the accused person did not know that the person or child was under that age, or believed that he or she was not under that age.

[Section 205 inserted by No. 32 of 1989 s. 19.]

[205A.Deleted by No. 74 of 1985 s. 5.]

206.Supplying intoxicants to people likely to abuse them

(1)In this section —

intoxicant means a drug, or a volatile or other substance, capable of intoxicating a person, but does not include liquor as defined in the Liquor Control Act 1988;

volatile substance means a substance that produces a vapour at room temperature.

(2)A person who sells or supplies an intoxicant to another person in circumstances where the person knows, or where it is reasonable to suspect, that that or another person will use it to become intoxicated is guilty of an offence and is liable to imprisonment for 12 months and a fine of $12 000.

[Section 206 inserted by No. 70 of 2004 s. 22; amended by No. 73 of 2006 s. 114.]

Chapter XXIII — Misconduct relating to corpses

[Heading amended by No. 70 of 2004 s. 23(2).]

[207.Deleted by No. 70 of 1988 s. 23.]

[208.Deleted by No. 4 of 2004 s. 17.]

[209.Deleted by No. 70 of 2004 s. 23(1).]

[210, 211.Deleted by No. 108 of 1982 s. 27.]

[212.Deleted by No. 74 of 1987 s. 64.]

[213.Deleted by No. 70 of 2004 s. 23(1).]

214.Misconduct with regard to corpses

Any person who, without lawful justification or excuse, the proof of which lies on him — 

(1)Neglects to perform any duty imposed upon him by law, or undertaken by him, whether for reward or otherwise, touching the burial or other disposition of a human body or human remains; or

(2)Improperly or indecently interferes with, or offers any indignity to, any dead human body or human remains, whether buried or not;

is guilty of a crime, and is liable to imprisonment for 2 years.

Summary conviction penalty: imprisonment for 12 months and a fine of $12 000.

[Section 214 amended by No. 70 of 1988 s. 25; No. 51 of 1992 s. 16(2); No. 70 of 2004 s. 34(1) and 35(1).]

215.Interfering with corpse to hinder inquiry

(1)In this section a person interferes with the corpse of a person if he or she —

(a)conceals the corpse, whether by burying or destroying it or otherwise; or

(b)damages or mutilates or otherwise interferes with the corpse.

(2)Any person who, without lawful justification or excuse, the proof of which lies on him or her, interferes with the corpse of a person with intent to prevent or prejudice any investigation into the circumstances surrounding the death of the person is guilty of a crime and is liable to imprisonment for 10 years.

[Section 215 inserted by No. 4 of 2004 s. 60.]

[Chapter XXIV (s. 216‑219) deleted by No. 70 of 1988 s. 26.]

[Chapter XXV (s. 220) deleted by No. 101 of 1990 s. 11.]

Part V — Offences against the person and relating to parental rights and duties and against the reputation of individuals

[Heading amended by No. 5 of 2008 s. 129(2).]

Chapter XXVI — Assaults and violence to the person generally: Justification, excuse and circumstances of aggravation

[Heading amended by No. 38 of 2004 s. 63.]

221.Circumstances of aggravation for offences in this Part

(1)In this Part —

circumstances of aggravation means circumstances in which —

(a)the offender is in a family and domestic relationship with the victim of the offence;

(b)a child was present when the offence was committed;

(c)the conduct of the offender in committing the offence constituted a breach of an order made or registered under the Restraining Orders Act 1997 or to which that Act applies; or

(d)the victim is of or over the age of 60 years.

(2)In this section —

family and domestic relationship has the same meaning as it has in section 4 of the Restraining Orders Act 1997.

[Section 221 inserted by No. 38 of 2004 s. 64.]

222.Assault, meaning of

A person who strikes, touches, or moves, or otherwise applies force of any kind to the person of another, either directly or indirectly, without his consent, or with his consent if the consent is obtained by fraud, or who by any bodily act or gesture attempts or threatens to apply force of any kind to the person of another without his consent, under such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect his purpose, is said to assault that other person, and the act is called an assault.

The term applies force includes the case of applying heat, light, electrical force, gas, odour, or any other substance or thing whatever if applied in such a degree as to cause injury or personal discomfort.

223.Assaults unlawful

An assault is unlawful and constitutes an offence unless it is authorised or justified or excused by law.

The application of force by one person to the person of another may be unlawful, although it is done with the consent of that other person.

224.Execution of sentence

It is lawful for a person who is charged by law with the duty of executing or giving effect to the lawful sentence of a court to execute or give effect to that sentence.

225.Execution of process

It is lawful for a person who is charged by law with the duty of executing the lawful process of a court, and who is required to arrest or detain another person under such process, and for every person lawfully assisting a person so charged, to arrest or detain that other person according to the terms of the process.

226.Execution of warrants

It is lawful for a person who is charged by law with the duty of executing a lawful warrant issued by any court or justice or other person having jurisdiction to issue it, and who is required to arrest or detain another person under such warrant, and for every person lawfully assisting a person so charged, to arrest or detain that other person according to the directions of the warrant.

227.Erroneous sentence or process or warrant

If the sentence was passed, or the process was issued, by a court having jurisdiction under any circumstances to pass such a sentence, or to issue such process, or if the warrant was issued by a court or justice or other person having authority under any circumstances to issue such a warrant, it is immaterial whether the court or justice or person had or had not authority to pass the sentence or issue the process or warrant in the particular case; unless the person executing the same knows that the sentence or process or warrant was in fact passed or issued without authority.

228.Sentence or process or warrant without jurisdiction

A person who executes or assists in executing any sentence, process, or warrant which purports to be passed or issued by a court, justice, or other person, and who would be justified, under the provisions of the 4 last preceding sections, in executing the same if it had been passed or issued by a court, justice, or person having authority to pass or issue it, is not criminally responsible for any act done in such execution, notwithstanding that the court, justice, or person had no authority to pass the sentence or issue the process or warrant, if in such execution he acted in good faith and in the belief that the sentence, process, or warrant was that of a court, justice, or other person having such authority.

229.Arrest of wrong person

A person who, being duly authorised to execute a warrant to arrest one person, arrests another person, believing in good faith and on reasonable grounds that the person arrested is the person named in the warrant, is not criminally responsible for doing so to any greater extent than if the person arrested had been the person named in the warrant.

Any person who lawfully assists in making such an arrest, believing that the person arrested is the person named in the warrant, or who, being required by the warrant to receive and detain the person named in it, receives and detains the person so arrested, is not criminally responsible for doing so to any greater extent than if the person arrested had been the person named in the warrant.

230.Irregular process or warrant

When any process or warrant is bad in law by reason of some defect in substance or in form apparent on the face of it, a person who, in good faith and believing that it is good in law, acts in the execution of the process or warrant, is not criminally responsible for anything done in such execution to any greater extent than if the process or warrant were good in law.

231.Force used in executing process or in arrest

(1)It is lawful for a person who is engaged in the lawful execution of any sentence, process, or warrant, or in making any arrest, and for any person lawfully assisting him, to use such force as may be reasonably necessary to overcome any force used in resisting such execution or arrest.

(2)In determining whether any process or warrant might have been executed, or any arrest made, in a less forcible manner, the following shall be taken into account —

(a)whether the person executing the process or warrant had it with him or her and produced it at the time;

(b)if it was practicable to do so at the time, whether the person making an arrest, whether with or without a warrant, gave notice of the process or warrant under which the person was acting or of the cause of the arrest.

[Section 231 amended by No. 59 of 2006 s. 20.]

[232.Deleted by No. 59 of 2006 s. 21.]

233.Preventing escape from arrest

(1)When any person is proceeding lawfully to arrest, with or without warrant, another person, and the person sought to be arrested takes to flight, or appears to be about to take to flight, in order to avoid arrest, it is lawful for the person seeking to make the arrest, and for any person lawfully assisting that person, to use such force as may be reasonably necessary to prevent the escape of the person sought to be arrested.

(2)Subsection (1) does not authorise the use of force that is intended or is likely to cause death or grievous bodily harm unless — 

(a)the person who uses that force is a police officer or a person assisting a police officer;

(b)the person sought to be arrested is reasonably suspected of having committed an offence punishable with imprisonment for life; and

(c)the person sought to be arrested is called on to surrender before that force is used.

[Section 233 inserted by No. 119 of 1985 s. 6.]

[234.Deleted by No. 119 of 1985 s. 7.]

235.Preventing escape or rescue after arrest

(1)When any person has lawfully arrested another person for any offence, it is lawful for him to use such force as may be reasonably necessary to prevent the escape or rescue of the person arrested.

(2)Subsection (1) does not authorise the use of force that is intended or is likely to cause death or grievous bodily harm unless the offence referred to in that subsection is punishable with imprisonment for 14 years or upwards, with or without any other punishment.

[Section 235 inserted by No. 119 of 1985 s. 8.]

[236, 237.Deleted by No. 59 of 2006 s. 22.]

238.Suppression of riot

It is lawful for any person to use such force as is necessary to suppress a riot, and is reasonably proportioned to the danger to be apprehended from its continuance.

239.Riot may be suppressed by justices and police officers

It is lawful for a justice to use or order to be used, and for a police officer to use, such force as he believes, on reasonable grounds, to be necessary in order to suppress a riot, and as is reasonably proportioned to the danger which he believes, on reasonable grounds, is to be apprehended from its continuance.

240.Suppression of riot by person acting under lawful orders

It is lawful for any person acting in good faith in obedience to orders, not manifestly unlawful, given by a justice for the suppression of a riot, to use such force as he believes, on reasonable grounds, to be necessary for carrying such orders into effect.

Whether any particular order so given is or is not manifestly unlawful is a question of law.

241.Suppression of riot by person acting without order in case of emergency

When any person, whether subject to military law or not, believes, on reasonable grounds, that serious mischief will arise from a riot before there is time to procure the intervention of a justice, it is lawful for him to use such force as he believes, on reasonable grounds, to be necessary for the suppression of the riot, and as is reasonably proportioned to the danger which he believes, on reasonable grounds, is to be apprehended from its continuance.

242.Suppression of riot by military personnel

It is lawful for a person who is bound by military law to obey the lawful commands of his superior officer to obey any command given him by his superior officer in order to the suppression of a riot, unless the command is manifestly unlawful.

Whether any particular command is or is not manifestly unlawful is a question of law.

243.Prevention of violence by mentally impaired person

It is lawful for any person to use such force as is reasonably necessary in order to prevent a person whom he believes, on reasonable grounds, to be mentally impaired from doing violence to any person or property.

[Section 243 inserted by No. 59 of 2006 s. 23.]

244.Defence against home invasion

(1)It is lawful for a person (the occupant) who is in peaceable possession of a dwelling to use any force or do anything else that the occupant believes, on reasonable grounds, to be necessary —

(a)to prevent a home invader from wrongfully entering the dwelling or an associated place;

(b)to cause a home invader who is wrongfully in the dwelling or on or in an associated place to leave the dwelling or place;

(c)to make effectual defence against violence used or threatened in relation to a person by a home invader who is —

(i)attempting to wrongfully enter the dwelling or an associated place; or

(ii)wrongfully in the dwelling or on or in an associated place;

or

(d)to prevent a home invader from committing, or make a home invader stop committing, an offence in the dwelling or on or in an associated place.

(1A)Despite subsection (1), it is not lawful for the occupant to use force that is intended, or that is likely, to cause death to a home invader unless the occupant believes, on reasonable grounds, that violence is being or is likely to be used or is threatened in relation to a person by a home invader.

(2)A person is a home invader for the purposes of subsection (1) if the occupant believes, on reasonable grounds, that the person —

(a)intends to commit an offence; or

(b)is committing or has committed an offence,

in the dwelling or on or in an associated place.

(3)The authorisation conferred by subsection (1)(a), (b) or (d) extends to a person assisting the occupant or acting by the occupant’s authority.

(4)If under subsection (1)(c) it is lawful for the occupant to use a degree of force, it is lawful for another person acting in good faith in aid of the occupant to use the same degree of force to defend the occupant.

(5)This section has effect even if the conduct it authorises would not otherwise be authorised under this Chapter.

(6)In this section —

associated place means —

(a)any place that is used exclusively in connection with, or for purposes ancillary to, the occupation of the dwelling; and

(b)if the dwelling is one of 2 or more dwellings in one building or group of buildings, a place that occupants of the dwellings use in common with one another;

offence means an offence in addition to any wrongful entry;

place means any land, building or structure, or a part of any land, building or structure.

[Section 244 inserted by No. 45 of 2000 s. 4; amended by No. 29 of 2008 s. 7.]

245.Provocation, meaning of

The term provocation used with reference to an offence of which an assault is an element, means and includes, except as hereinafter stated, any wrongful act or insult of such a nature as to be likely, when done to an ordinary person, or in the presence of an ordinary person to another person who is under his immediate care, or to whom he stands in a conjugal, parental, filial, or fraternal relation, to deprive him of the power of self control, and to induce him to assault the person by whom the act or insult is done or offered.

When such an act or insult is done or offered by one person to another, or in the presence of another, to a person who is under the immediate care of that other, or to whom the latter stands in any such relation as aforesaid, the former is said to give to the latter provocation for an assault.

A lawful act is not provocation to any person for an assault.

An act which a person does in consequence of incitement given by another person in order to induce him to do the act and thereby to furnish an excuse for committing an assault, is not provocation to that other person for an assault.

An arrest which is unlawful is not necessarily provocation for an assault, but it may be evidence of provocation to a person who knows of the illegality.

[Section 245 amended by No. 4 of 2004 s. 61(1).]

246.Defence of provocation

A person is not criminally responsible for an assault committed upon a person who gives him provocation for the assault, if he is in fact deprived by the provocation of the power of self‑control, and acts upon it on the sudden and before there is time for his passion to cool; provided that the force used is not disproportionate to the provocation, and is not intended, and is not such as is likely to cause death or grievous bodily harm.

Whether any particular act or insult is such as to be likely to deprive an ordinary person of the power of self‑control and to induce him to assault the person by whom the act or insult is done or offered, and whether, in any particular case, the person provoked was actually deprived by the provocation of the power of self‑control, and whether any force used is or is not disproportionate to the provocation, are questions of fact.

247.Prevention of repetition of insult

It is lawful for any person to use such force as is reasonably necessary to prevent the repetition of an act or insult of such a nature as to be provocation to him for an assault; provided that the force used is not intended, and is not such as is likely, to cause death or grievous bodily harm.

248.Self‑defence

(1)In this section —

harmful act means an act that is an element of an offence under this Part other than Chapter XXXV.

(2)A harmful act done by a person is lawful if the act is done in self‑defence under subsection (4).

(3)If —

(a)a person unlawfully kills another person in circumstances which, but for this section, would constitute murder; and

(b)the person’s act that causes the other person’s death would be an act done in self‑defence under subsection (4) but for the fact that the act is not a reasonable response by the person in the circumstances as the person believes them to be,

the person is guilty of manslaughter and not murder.

(4)A person’s harmful act is done in self‑defence if —

(a)the person believes the act is necessary to defend the person or another person from a harmful act, including a harmful act that is not imminent; and

(b)the person’s harmful act is a reasonable response by the person in the circumstances as the person believes them to be; and

(c)there are reasonable grounds for those beliefs.

(5)A person’s harmful act is not done in self‑defence if it is done to defend the person or another person from a harmful act that is lawful.

(6)For the purposes of subsection (5), a harmful act is not lawful merely because the person doing it is not criminally responsible for it.

[Section 248 inserted by No. 29 of 2008 s. 8.]

[249, 250.Deleted by No. 29 of 2008 s. 8.]

251.Defence of movable property against trespassers

It is lawful for any person who is in peaceable possession of any movable property, and for any person acting by his authority, to use such force as is reasonably necessary in order to resist the taking of such property by a trespasser, or in order to retake it from a trespasser, provided that the force used is not intended, and is not such as is likely, to cause death or grievous bodily harm to the trespasser.

[Section 251 amended by No. 37 of 1991 s. 8.]

252.Defence of movable property with claim of right

When a person is in peaceable possession of any movable property under a claim of right, it is lawful for him, and for any person acting by his authority, to use such force as is reasonably necessary in order to defend his possession of the property, even against a person who is entitled by law to possession of the property, provided that he does not do bodily harm to such other person.

253.Defence of movable property without claim of right

When a person who is entitled by law to the possession of movable property attempts to take it from a person who is in possession of the property, but who neither claims right to it nor acts by the authority of a person who claims right, and the person in possession resists him, it is lawful for the person so entitled to possession to use such force as is reasonably necessary in order to obtain possession of the property; provided that the force used is not intended, and is not such as is likely, to cause death or grievous bodily harm to the person in possession.

[Section 253 amended by No. 37 of 1991 s. 9.]

254.Defence of property against trespassers, removal of disorderly persons

(1)For the purposes of this section and section 255, the term place means any land, building, structure, tent, or conveyance, or a part of any land, building, structure, tent, or conveyance.

(2)It is lawful for a person (the occupant) who is in peaceable possession of any place, or who is entitled to the control or management of any place, to use such force as is reasonably necessary — 

(a)to prevent a person from wrongfully entering the place;

(b)to remove a person who wrongfully remains on or in the place; or

(c)to remove a person behaving in a disorderly manner on or in the place;

provided that the force used is not intended, and is not such as is likely, to cause death or grievous bodily harm to the person.

(3)The authorisation conferred by subsection (2), as limited by the proviso to that subsection, extends to a person acting by the occupant’s authority except that if that person’s duties as an employee consist of or include any of the matters referred to in subsection (2)(a), (b) or (c) that person is not authorised to use force that is intended, or is likely, to cause bodily harm.

[Section 254 inserted by No. 37 of 1991 s. 10.]

255.Defence of possession of a place with claim of right

When a person is in peaceable possession of any place with a claim of right, it is lawful for him, and for any person acting by his authority, to use such force as is reasonably necessary in order to defend his possession, even against a person who is entitled by law to the possession of the place, provided that he does not do bodily harm to such person.

[Section 255 amended by No. 37 of 1991 s. 11.]

256.Exercise of right‑of‑way or easement

When a person who is lawfully entitled to enter upon land for the exercise of a right‑of‑way or other easement or profit enters upon the land for the purpose of exercising such right‑of‑way, easement, or profit, after notice that his right to use such way or easement or to take such profit is disputed by the person in possession of the land, or having entered persists in his entry after such notice, it is lawful for the person in possession, and for any person acting by his authority, to use such force as is reasonably necessary for the purpose of making the person so entering desist from the entry, provided that he does not do him bodily harm.

257.Discipline of children

It is lawful for a parent or a person in the place of a parent, or for a schoolmaster, to use, by way of correction, towards a child or pupil under his care, such force as is reasonable under the circumstances.

[Section 257 amended by No. 4 of 2004 s. 61(2).]

258.Discipline on ship or aircraft

It is lawful for the master or other person in command of — 

(a)a vessel on a voyage; or

(b)an aircraft on a flight;

and for any person acting under his instructions to use, for the purpose of maintaining good order and discipline on board the vessel or aircraft, such force as he believes, on reasonable grounds, to be necessary, and as is reasonable under the circumstances.

[Section 258 inserted by No. 53 of 1964 s. 3.]

259.Surgical and medical treatment

(1)A person is not criminally responsible for administering, in good faith and with reasonable care and skill, surgical or medical treatment (including palliative care) —

(a)to another person for that other person’s benefit; or

(b)to an unborn child for the preservation of the mother’s life,

if the administration of the treatment is reasonable, having regard to the patient’s state at the time and to all the circumstances of the case.

(2)A person is not criminally responsible for not administering or ceasing to administer, in good faith and with reasonable care and skill, surgical or medical treatment (including palliative care) if not administering or ceasing to administer the treatment is reasonable, having regard to the patient’s state at the time and to all the circumstances of the case.

[Section 259 inserted by No. 15 of 1998 s. 5; amended by No. 25 of 2008 s. 18.]

259A.Inoculation procedures

A person is not criminally responsible for performing, in good faith and with reasonable care and skill, a procedure that involves causing a person to have a disease, if that procedure is performed for inoculation purposes.

[Section 259A inserted by No. 51 of 1992 s. 4.]

260.Excessive force

In any case in which the use of force by one person to another is lawful, the use of more force than is justified by law under the circumstances is unlawful.

261.Consent to death immaterial

Consent by a person to the causing of his own death does not affect the criminal responsibility of any person by whom such death is caused.

Chapter XXVII — Duties relating to the preservation of human life

262.Duty to provide necessaries of life

It is the duty of every person having charge of another who is unable by reason of age, sickness, mental impairment, detention, or any other cause, to withdraw himself from such charge, and who is unable to provide himself with the necessaries of life, whether the charge is undertaken under a contract, or is imposed by law, or arises by reason of any act, whether lawful or unlawful, of the person who has such charge, to provide for that other person the necessaries of life; and he is held to have caused any consequences which result to the life or health of the other person by reason of any omission to perform that duty.

[Section 262 amended by No. 69 of 1996 s. 10.]

263.Duty of head of family

It is the duty of every person who, as head of a family, has the charge of a child under the age of 16 years, being a member of his household, to provide the necessaries of life for such child, and he is held to have caused any consequences which result to the life or health of the child by reason of any omission to perform that duty whether the child is helpless or not.

[264.Deleted by No. 4 of 2004 s. 61(3).]

265.Duty of persons doing dangerous acts

It is the duty of every person who, except in a case of necessity, undertakes to administer surgical or medical treatment (including palliative care) to any other person, or to do any other lawful act which is or may be dangerous to human life or health, to have reasonable skill and to use reasonable care in doing such act; and he is held to have caused any consequences which result to the life or health of any person by reason of any omission to observe or perform that duty.

[Section 265 amended by No. 25 of 2008 s. 19.]

266.Duty of persons in charge of dangerous things

It is the duty of every person who has in his charge or under his control anything, whether living or inanimate, and whether moving or stationary, of such a nature that, in the absence of care or precaution in its use or management, the life, safety, or health of any person may be endangered, to use reasonable care and take reasonable precautions to avoid such danger; and he is held to have caused any consequences which result to the life or health of any person by reason of any omission to perform that duty.

267.Duty to do certain acts

When a person undertakes to do any act the omission to do which is or may be dangerous to human life or health, it is his duty to do that act; and he is held to have caused any consequences which result to the life or health of any person by reason of any omission to perform that duty.

Chapter XXVIII — Homicide: Suicide: Concealment of birth

268.Killing of a human being unlawful

It is unlawful to kill any person unless such killing is authorised or justified or excused by law.

269.When a child becomes a human being

A child becomes a person capable of being killed when it has completely proceeded in a living state from the body of its mother, whether it has breathed or not, and whether it has an independent circulation or not, and whether the navel‑string is severed or not.

270.Kill, meaning of

Any person who causes the death of another, directly or indirectly, by any means whatever, is deemed to have killed that other person.

[Section 270 amended by No. 37 of 1991 s. 5.]

271.Death by acts done at childbirth

When a child dies in consequence of an act done or omitted to be done by any person before or during its birth, the person who did or omitted to do such act is deemed to have killed the child.

272.Causing death by threats

A person who, by threats or intimidation of any kind, or by deceit, causes another person to do an act or make an omission which results in the death of that other person, is deemed to have killed him.

273.Acceleration of death

A person who does any act or makes any omission which hastens the death of another person who, when the act is done or the omission is made, is labouring under some disorder or disease arising from another cause, is deemed to have killed that other person.

274.When injury or death might be prevented by proper precaution

When a person causes a bodily injury to another from which death results, it is immaterial that the injury might have been avoided by proper precaution on the part of the person injured, or that his death from that injury might have been prevented by proper care or treatment.

275.Injuries causing death in consequence of subsequent treatment

When a person does grievous bodily harm to another and such other person has recourse to surgical or medical treatment (including palliative care), and death results either from the injury or the treatment, he is deemed to have killed that other person, although the immediate cause of death was the surgical or medical treatment; provided that the treatment was reasonably proper under the circumstances, and was applied in good faith.

[Section 275 amended by No. 25 of 2008 s. 20.]

[276.Deleted by No. 37 of 1991 s. 6.]

277.Unlawful homicide

Any person who unlawfully kills another is guilty of a crime which, according to the circumstances of the case, may be murder or manslaughter.

[Section 277 inserted by No. 21 of 1972 s. 9; amended by No. 58 of 1974 s. 4; No. 89 of 1986 s. 6; No. 29 of 2008 s. 16(5).]

[278.Deleted by No. 29 of 2008 s. 10.]

279.Murder

(1)If a person unlawfully kills another person and —

(a)the person intends to cause the death of the person killed or another person; or

(b)the person intends to cause a bodily injury of such a nature as to endanger, or be likely to endanger, the life of the person killed or another person; or

(c)the death is caused by means of an act done in the prosecution of an unlawful purpose, which act is of such a nature as to be likely to endanger human life,

the person is guilty of murder.

Alternative offence: s. 280, 281, 283, 284, 290 or 291 or Road Traffic Act 1974 s. 59.

(2)For the purposes of subsection (1)(a) and (b), it is immaterial that the person did not intend to hurt the person killed.

(3)For the purposes of subsection (1)(c), it is immaterial that the person did not intend to hurt any person.

(4)A person, other than a child, who is guilty of murder must be sentenced to life imprisonment unless —

(a)that sentence would be clearly unjust given the circumstances of the offence and the person; and

(b)the person is unlikely to be a threat to the safety of the community when released from imprisonment,

in which case the person is liable to imprisonment for 20 years.

(5)A child who is guilty of murder is liable to either —

(a)life imprisonment; or

(b)detention in a place determined from time to time by the Governor or under another written law until released by order of the Governor.

(6)A court that does not sentence a person guilty of murder to life imprisonment must give written reasons why life imprisonment was not imposed.

[Section 279 inserted by No. 29 of 2008 s. 10.]

280.Manslaughter

If a person unlawfully kills another person under such circumstances as not to constitute murder, the person is guilty of manslaughter and is liable to imprisonment for 20 years.

Alternative offence: s. 281, 284, 290, 291 or 294 or Road Traffic Act 1974 s. 59.

[Section 280 inserted by No. 29 of 2008 s. 11.]

281.Unlawful assault causing death

(1)If a person unlawfully assaults another who dies as a direct or indirect result of the assault, the person is guilty of a crime and is liable to imprisonment for 10 years.

(2)A person is criminally responsible under subsection (1) even if the person does not intend or foresee the death of the other person and even if the death was not reasonably foreseeable.

[Section 281 inserted by No. 29 of 2008 s. 12.]

[281A.Deleted by No. 29 of 2008 s. 13.]

[282.Deleted by No. 29 of 2008 s. 10.]

283.Attempt to murder

Any person who — 

(1)Attempts unlawfully to kill another; or

(2)With intent unlawfully to kill another does any act, or omits to do any act which it is his duty to do, such act or omission being of such a nature as to be likely to endanger human life;

is guilty of a crime, and is liable to imprisonment for life.

Alternative offence: s. 292, 294, 297, 304, 305 or 317.

[Section 283 amended by No. 106 of 1987 s. 7; No. 51 of 1992 s. 16(2); No. 4 of 2004 s. 16; No. 70 of 2004 s. 36(3); No. 29 of 2008 s. 16(6).]

284.Culpable driving (other than of motor vehicle) causing death or grievous bodily harm

(1)In this section —

conveyance does not include a motor vehicle;

drive a conveyance, includes to pilot an aircraft and to navigate a vessel.

(2)For the purposes of this section a person culpably drives a conveyance if the person drives the conveyance in a manner (including at a speed) that, having regard to all the circumstances of the case, is dangerous to any person.

(3)If —

(a)a person culpably drives a conveyance; and

(b)the conveyance is involved in an incident that directly or indirectly causes the death of, or grievous bodily harm to, another person,

the person is guilty of a crime and is liable to imprisonment for —

(c)if death is caused, 10 years; or

(d)if grievous bodily harm is caused, 7 years.

Summary conviction penalty: imprisonment for 3 years and a fine of $36 000.

(4)A court convicting a person of an offence under this section that involves the navigation of a vessel must make an order under the Sentencing Act 1995 section 107(1) for a term of at least 2 years.

[Section 284 inserted by No. 29 of 2008 s. 14.]

[285.Deleted by No. 101 of 1990 s. 12.]

[286.Deleted by No. 106 of 1987 s. 14(5).]

[287.Deleted by No. 29 of 2008 s. 11.]

[287A.Deleted by No. 29 of 2008 s. 13.]

288.Aiding suicide

Any person who — 

(1)Procures another to kill himself; or

(2)Counsels another to kill himself and thereby induces him to do so; or

(3)Aids another in killing himself;

is guilty of a crime, and is liable to imprisonment for life.

[Section 288 amended by No. 51 of 1992 s. 16(2).]

[289.Deleted by No. 21 of 1972 s. 10.]

290.Killing unborn child

Any person who, when a woman is about to be delivered of a child, prevents the child from being born alive by any act or omission of such a nature that, if the child had been born alive and had then died, he would be deemed to have unlawfully killed the child, is guilty of a crime, and is liable to imprisonment for life.

Alternative offence: s. 291.

[Section 290 amended by No. 51 of 1992 s. 16(2); No. 70 of 2004 s. 36(3).]

291.Concealing the birth of children

Any person who, when a woman is delivered of a child endeavours, by any secret disposition of the dead body of the child, to conceal its birth, whether the child died before, at, or after its birth, is guilty of a crime, and is liable to imprisonment for 2 years.

[Section 291 amended by No. 51 of 1992 s. 16(2); No. 70 of 2004 s. 34(1).]

[291A.Deleted by No. 58 of 1974 s. 5.]

Chapter XXIX — Offences endangering life or health

292.Disabling in order to commit indictable offence etc.

Any person who, by means of violence of any kind and with intent to commit or to facilitate the commission of an indictable offence, or to facilitate the flight of an offender after the commission or attempted commission of an indictable offence, renders or attempts to render any person incapable of resistance, is guilty of a crime, and is liable to imprisonment for 20 years.

Alternative offence: s. 301 or 317A.

[Section 292 amended by No. 118 of 1981 s. 4; No. 51 of 1992 s. 16(1) and (2); No. 70 of 2004 s. 36(3).]

293.Stupefying in order to commit indictable offence

Any person who, with intent to commit or to facilitate the commission of an indictable offence, or to facilitate the flight of an offender after the commission or attempted commission of an indictable offence, administers, or attempts to administer any stupefying or overpowering drug or thing to any person, is guilty of a crime, and is liable to imprisonment for 20 years.

[Section 293 amended by No. 118 of 1981 s. 4; No. 51 of 1992 s. 16(2).]

294.Acts intended to cause grievous bodily harm or prevent arrest

Any person who, with intent to maim, disfigure, or disable any person, or to do some grievous bodily harm to any person, or to resist or prevent the lawful arrest or detention of any person — 

(1)unlawfully wounds or does any grievous bodily harm to any person by any means whatever; or

(2)unlawfully attempts in any manner to strike any person with any kind of projectile; or

(3)unlawfully causes any explosive substance to explode; or

(4)sends or delivers any explosive substance or other dangerous or noxious thing to any person; or

(5)causes any such substance or thing to be taken or received by any person; or

(6)puts any corrosive fluid or any destructive or explosive substance in any place; or

(7)unlawfully casts or throws any such fluid or substance at or upon any person, or otherwise applies any such fluid or substance to the person of any person; or

(8)does any act that is likely to result in a person having a serious disease;

is guilty of a crime, and is liable to imprisonment for 20 years.

Alternative offence: s. 297, 304, 317 or 317A.

[Section 294 amended by No. 118 of 1981 s. 4; No. 51 of 1992 s. 5 and 16(2); No. 70 of 2004 s. 36(3).]

294A.Dangerous goods on aircraft

(1)Subject to this section, any person who — 

(a)carries or places dangerous goods on board an aircraft;

(b)delivers dangerous goods to another person for the purpose of those goods being placed on board an aircraft; or

(c)has dangerous goods in his possession on board an aircraft,

is guilty of a crime and is liable to imprisonment for 7 years.

Alternative offence: s. 68 or 451A.

(2)It is a defence to a charge of any offence defined in subsection (1) to prove that — 

(a)the act constituting the offence was consented to by the owner or operator of the aircraft with knowledge by him of the nature of the goods concerned; or

(b)the act was done by authority or permission of or under a law of the Commonwealth or of the State.

(3)In this section, dangerous goods means — 

(a)firearms, ammunition, weapons and explosive substances; and

(b)substances or things that, by reason of their nature or condition, may endanger the safety of an aircraft or of a person on board an aircraft.

[Section 294A inserted by No. 53 of 1964 s. 4; amended by No. 51 of 1992 s. 16(2); No. 70 of 2004 s. 36(3).]

295.Preventing escape from wreck

Any person who unlawfully — 

(1)Prevents or obstructs any person who is on board of or is escaping from a vessel which is in distress or wrecked or cast ashore, in his endeavours to save his life; or

(2)Obstructs any person in his endeavours to save the life of any person so situated;

is guilty of a crime, and is liable to imprisonment for 20 years.

[Section 295 amended by No. 118 of 1981 s. 4; No. 51 of 1992 s. 16(2).]

[296, 296A.Deleted by No. 4 of 2004 s. 18.]

297.Grievous bodily harm

(1)Any person who unlawfully does grievous bodily harm to another is guilty of a crime, and is liable to imprisonment for 10 years.

Alternative offence: s. 304, 313 or 317 or Road Traffic Act 1974 s. 59.

(2)If the offence is committed in the course of conduct that, under section 371 or 371A, constitutes the stealing of a motor vehicle, the offender is liable to imprisonment for 14 years.

(3)If the offence is committed in circumstances of aggravation, the offender is liable to imprisonment for 14 years.

(4)If —

(a)the victim of the offence is a public officer who is performing a function of his office or employment; or

(b)the offence is committed against a public officer on account of his being such an officer or his performance of a function of his office or employment; or

(c)the victim of the offence is the driver or person operating or in charge of —

(i)a vehicle travelling on a railway; or

(ii)a ferry; or

(iii)a passenger vehicle as defined in paragraph (a) of the definition of “passenger vehicle” in section 5(1) of the Road Traffic Act 1974;

or

(d)the victim of the offence is —

(i)an ambulance officer; or

(ii)a member of a FESA Unit, SES Unit or VMRS Group (within the meaning given to those terms by the Fire and Emergency Services Authority of Western Australia Act 1998); or

(iii)a member or officer of a private fire brigade or volunteer fire brigade (within the meaning given to those terms by the Fire Brigades Act 1942),

who is performing his or her duties as such; or

(e)the victim of the offence is a person who —

(i)is working in a hospital; or

(ii)is in the course of providing a health service to the public;

or

(f)the victim of the offence is a contract worker (within the meaning given to that term by the Court Security and Custodial Services Act 1999) who is providing court security services or custodial services under that Act; or

(g)the victim of the offence is a contract worker (within the meaning given to that term by section 15A of the Prisons Act 1981) who is performing functions under Part IIIA of that Act,

the offender is liable to imprisonment for 14 years.

(5)If the offence is committed in prescribed circumstances by a person who has reached 16 but not 18 years of age, then, notwithstanding the Young Offenders Act 1994 and in particular section 46(5a) of it, the court sentencing the offender —

(a)must sentence the offender either —

(i)to a term of imprisonment of at least 3 months, notwithstanding the Sentencing Act 1995 section 86; or

(ii)to a term of detention (as defined in the Young Offenders Act 1994 section 3) of at least 3 months,

as the court thinks fit; and

(b)must not suspend any term of imprisonment imposed under paragraph (a)(i); and

(c)must record a conviction against the offender.

(6)Subsection (5) does not prevent a court from making a direction under the Young Offenders Act 1994 section 118(4) or a special order under Part 7 Division 9 of that Act.

(7)If the offence is committed in prescribed circumstances by a person who has reached 18 years of age, then, notwithstanding any other written law, the court sentencing the offender —

(a)must sentence the offender to a term of imprisonment of at least 12 months; and

(b)must not suspend the term of imprisonment imposed under paragraph (a).

(8)In subsections (5) and (7) —

prescribed circumstances means any of these circumstances —

(a)where the offence is committed in the circumstances set out in subsection (4)(a) or (b) and the public officer is —

(i)a police officer; or

(ii)a prison officer as defined in the Prisons Act 1981 section 3(1); or

(iii)a security officer as defined in the Public Transport Authority Act 2003 section 3;

(b)where the offence is committed in the circumstances set out in subsection (4)(d)(i), (f) or (g).

[Section 297 amended by No. 1 of 1992 s. 4; No. 51 of 1992 s. 16(2); No. 29 of 1998 s. 3; No. 23 of 2001 s. 3; No. 38 of 2004 s. 65; No. 70 of 2004 s. 36(6); No. 2 of 2008 s. 5; No. 21 of 2009 s. 4.]

[298‑300.Deleted by No. 4 of 2004 s. 19.]

301.Wounding and similar acts

Any person who — 

(1)Unlawfully wounds another; or

(2)Unlawfully, and with intent to injure or annoy any person, causes any poison or other noxious thing to be administered to or taken by any person;

is guilty of a crime, and is liable —

(a)if the offence is committed in circumstances of aggravation, to imprisonment for 7 years; or

(b)in any other case, to imprisonment for 5 years.

Summary conviction penalty:

(a)in a case to which paragraph (a) above applies: imprisonment for 3 years and a fine of $36 000; or

(b)in a case to which paragraph (b) above applies: imprisonment for 2 years and a fine of $24 000.

[Section 301 amended by No. 51 of 1992 s. 16(2); No. 82 of 1994 s. 6; No. 23 of 2001 s. 4; No. 38 of 2004 s. 66; No. 70 of 2004 s. 35(4).]

[302.Deleted by No. 4 of 2004 s. 20.]

[303.Deleted by No. 4 of 2004 s. 61(4).]

304.Acts or omissions causing bodily harm or danger

(1)If a person omits to do any act that it is the person’s duty to do, or unlawfully does any act, as a result of which —

(a)bodily harm is caused to any person; or

(b)the life, health or safety of any person is or is likely to be endangered,

the person is guilty of a crime and is liable to imprisonment for 5 years.

Summary conviction penalty: imprisonment for 2 years and a fine of $24 000.

(2)If a person, with an intent to harm, omits to do any act that it is the person’s duty to do, or does any act, as a result of which —

(a)bodily harm is caused to any person; or

(b)the life, health or safety of any person is or is likely to be endangered,

the person is guilty of a crime and is liable to imprisonment for 20 years.

(3)For the purposes of subsection (2) an intent to harm is an intent to —

(a)unlawfully cause bodily harm to any person;

(b)unlawfully endanger the life, health or safety of, any person;

(c)induce any person to deliver property to another person;

(d)gain a benefit, pecuniary or otherwise, for any person;

(e)cause a detriment, pecuniary or otherwise, to any person;

(f)prevent or hinder the doing of an act by a person who is lawfully entitled to do that act; or

(g)compel the doing of an act by a person who is lawfully entitled to abstain from doing that act.

[Section 304 inserted by No. 4 of 2004 s. 21; amended by No. 70 of 2004 s. 35(2).]

305.Setting dangerous things for people

(1)In this section —

dangerous thing means any article, device, substance, or thing, that by reason of its nature (whether chemical, electrical, electronic, mechanical, or otherwise), situation, operation or condition, may endanger the life, health or safety of a person (whether a particular person or not);

set includes construct and place.

(2)For the purposes of subsections (3) and (4), a person wilfully sets a dangerous thing if the person sets the thing —

(a)intending that the thing will kill or cause grievous bodily harm to a person; or

(b)knowing or believing that the thing is likely to kill or cause grievous bodily harm to a person.

(3)A person who wilfully sets a dangerous thing is guilty of a crime and is liable to imprisonment for 3 years.

Alternative offence: s. 305(4)

Summary conviction penalty: imprisonment for 12 months and a fine of $12 000.

(4)A person who, knowing that a dangerous thing has been wilfully set by another person, does not take reasonable measures to make the thing harmless is guilty of a crime and is liable to imprisonment for 3 years.

Summary conviction penalty: imprisonment for 12 months and a fine of $12 000.

(5)A person is not criminally responsible under this section for an act or omission in respect of a dangerous thing set at night in a dwelling for the protection of the occupants of the dwelling.

[Section 305 inserted by No. 4 of 2004 s. 21; amended by No. 70 of 2004 s. 35(1) and 36(3).]

305A.Intoxication by deception

(1)In this section —

harm includes an impairment of the senses or understanding of a person that the person might reasonably be expected to object to in the circumstances;

impair includes further impair and temporarily impair;

intoxicating substance includes any substance that affects a person’s senses or understanding.

(2)For the purposes of this section giving a person drink or food includes preparing the drink or food for the person or making it available for consumption by the person.

(3)This section applies if a person (the provider) causes another person to be given or to consume drink or food —

(a)containing an intoxicating substance that other person is not aware that it contains; or

(b)containing more of an intoxicating substance than that other person would reasonably expect it to contain.

(4)Where this section applies and the provider —

(a)intends a person to be harmed by the consumption of the drink or food; or

(b)knows or believes that consumption of the drink or food is likely to harm a person,

the provider is guilty of a crime and is liable to imprisonment for 3 years.

Summary conviction penalty: imprisonment for 12 months and a fine of $12 000.

(5)It is a defence to a charge under subsection (4) to prove that the accused person had reasonable cause to believe that each person who was likely to consume the drink or food would not have objected to consuming the drink or food if the person had been aware of the presence and quantity of the intoxicating substance in the drink or food.

[Section 305A inserted by No. 31 of 2007 s. 4.]

306.Female genital mutilation

(1)In this section —

child means a person under the age of 18 years;

female genital mutilation means —

(a)the excision or mutilation of the whole or a part of the clitoris, the labia minora, the labia majora, or any other part of the female genital organs;

(b)infibulation or any procedure that involves the sealing or suturing together of the labia minora or the labia majora; or

(c)any procedure to narrow or close the vaginal opening,

but does not include —

(d)a reassignment procedure within the meaning of the Gender Reassignment Act 2000 carried out on a person’s genitals by a medical practitioner within the meaning of the Health Act 1911; or

(e)a medical procedure carried out for proper medical purposes.

(2)A person who performs female genital mutilation on another person is guilty of a crime and is liable to imprisonment for 20 years.

(3)It is not a defence to a charge under subsection (2) that the other person, or a parent or guardian of the other person, consented to the mutilation.

(4)A person who takes a child from Western Australia, or arranges for a child to be taken from Western Australia, with the intention of having the child subjected to female genital mutilation is guilty of a crime and is liable to imprisonment for 10 years.

(5)In proceedings for an offence under subsection (4), proof that —

(a)the accused person took a child, or arranged for a child to be taken from Western Australia; and

(b)the child, while out of Western Australia, was subjected to female genital mutilation,

is proof, in the absence of evidence to the contrary, that the accused person took the child, or arranged for the child to be taken, from Western Australia, as the case may be, with the intention of having the child subjected to female genital mutilation.

[Section 306 inserted by No. 4 of 2004 s. 22.]

[307‑312.Deleted by No. 4 of 2004 s. 21.]

Chapter XXX — Assaults

313.Common assaults

(1)Any person who unlawfully assaults another is guilty of a simple offence and is liable —

(a)if the offence is committed in circumstances of aggravation or in circumstances of racial aggravation, to imprisonment for 3 years and a fine of $36 000; or

(b)in any other case, to imprisonment for 18 months and a fine of $18 000.

(2)A prosecution for an offence under subsection (1) may be commenced at any time.

[Section 313 inserted by No. 106 of 1987 s. 15; amended by No. 23 of 2001 s. 5; No. 38 of 2004 s. 67; No. 70 of 2004 s. 35(4); No. 2 of 2008 s. 6(1).]

[314, 315.Deleted by No. 74 of 1985 s. 7.]

[316.Deleted by No. 119 of 1985 s. 11.]

317.Assaults occasioning bodily harm

(1)Any person who unlawfully assaults another and thereby does that other person bodily harm is guilty of a crime, and is liable —

(a)if the offence is committed in circumstances of aggravation or in circumstances of racial aggravation, to imprisonment for 7 years; or

(b)in any other case, to imprisonment for 5 years.

Alternative offence: s. 313.

Summary conviction penalty:

(a)in a case to which paragraph (a) above applies: imprisonment for 3 years and a fine of $36 000; or

(b)in a case to which paragraph (b) above applies: imprisonment for 2 years and a fine of $24 000.

[(2)deleted]

[Section 317 inserted by No. 119 of 1985 s. 12; amended by No. 106 of 1987 s. 24; No. 70 of 1988 s. 28; No. 82 of 1994 s. 12; No. 23 of 2001 s. 6; No. 38 of 2004 s. 68; No. 70 of 2004 s. 35(4) and 36(3); No. 2 of 2008 s. 7(1).]

317A.Assaults with intent

Any person who — 

(a)assaults another with intent to commit or facilitate the commission of a crime;

(b)assaults another with intent to do grievous bodily harm to any person; or

(c)assaults another with intent to resist or prevent the lawful arrest or detention of any person,

is guilty of a crime, and is liable —

(d)if the offence is committed in circumstances of aggravation or in circumstances of racial aggravation, to imprisonment for 7 years; or

(e)in any other case, to imprisonment for 5 years.

Alternative offence: s. 313 or 317.

Summary conviction penalty:

(a)in a case to which paragraph (d) above applies: imprisonment for 3 years and a fine of $36 000; or

(b)in a case to which paragraph (e) above applies: imprisonment for 2 years and a fine of $24 000.

[Section 317A inserted by No. 82 of 1994 s. 7; amended by No. 23 of 2001 s. 7; No. 38 of 2004 s. 69; No. 70 of 2004 s. 35(4) and 36(3); No. 2 of 2008 s. 8(1).]

318.Serious assaults

(1)Any person who — 

[(a)‑(c)deleted]

(d)assaults a public officer who is performing a function of his office or employment or on account of his being such an officer or his performance of such a function; or

(e)assaults any person who is performing a function of a public nature conferred on him by law or on account of his performance of such a function; or

(f)assaults any person who is acting in aid of a public officer or other person referred to in paragraph (d) or (e) or on account of his having so acted; or

(g)assaults the driver or person operating or in charge of —

(i)a vehicle travelling on a railway; or

(ii)a ferry; or

(iii)a passenger vehicle as defined in paragraph (a) of the definition of “passenger vehicle” in section 5(1) of the Road Traffic Act 1974;

or

(h)assaults —

(i)an ambulance officer; or

(ii)a member of a FESA Unit, SES Unit or VMRS Group (within the meaning given to those terms by the Fire and Emergency Services Authority of Western Australia Act 1998); or

(iii)a member or officer of a private fire brigade or volunteer fire brigade (within the meaning given to those terms by the Fire Brigades Act 1942),

who is performing his or her duties as such; or

(i)assaults a person who —

(i)is working in a hospital; or

(ii)is in the course of providing a health service to the public;

or

(j)assaults a contract worker (within the meaning given to that term by the Court Security and Custodial Services Act 1999) who is providing court security services or custodial services under that Act; or

(k)assaults a contract worker (within the meaning given to that term by section 15A of the Prisons Act 1981) who is performing functions under Part IIIA of that Act,

is guilty of a crime and is liable —

(l)if at or immediately before or immediately after the commission of the offence —

(i)the offender is armed with any dangerous or offensive weapon or instrument; or

(ii)the offender is in company with another person or persons,

to imprisonment for 10 years; or

(m)in any other case, to imprisonment for 7 years.

Summary conviction penalty: in a case to which subsection (1)(m) applies: imprisonment for 3 years and a fine of $36 000.

(2)If a person is convicted of an offence against this section committed in prescribed circumstances at a time when the person had reached 16 but not 18 years of age, then, notwithstanding the Young Offenders Act 1994 and in particular section 46(5a) of it, the court sentencing the person —

(a)must sentence the offender to either —

(i)a term of imprisonment of at least 3 months, notwithstanding the Sentencing Act 1995 section 86; or

(ii)to a term of detention (as defined in the Young Offenders Act 1994 section 3) of at least 3 months,

as the court thinks fit; and

(b)must not suspend any term of imprisonment imposed under paragraph (a)(i); and

(c)must record a conviction against the person.

(3)Subsection (2) does not prevent a court from making a direction under the Young Offenders Act 1994 section 118(4) or a special order under Part 7 Division 9 of that Act.

(4)If a person is convicted of an offence against this section committed in prescribed circumstances at a time when the person had reached 18 years of age, then, notwithstanding any other written law, the court sentencing the person —

(a)if the offence is committed in the circumstances set out in subsection (1)(l) — must sentence the person to a term of imprisonment of at least 9 months;

(b)if the offence is not committed in the circumstances set out in subsection (1)(l) — must sentence the person to a term of imprisonment of at least 6 months,

and must not suspend the term of imprisonment imposed under paragraph (a) or (b).

(5)In subsections (2) and (4) —

prescribed circumstances means any of these circumstances —

(a)where the offence is committed under subsection (1)(d) or (e) against a public officer who is —

(i)a police officer; or

(ii)a prison officer as defined in the Prisons Act 1981 section 3(1); or

(iii)a security officer as defined in the Public Transport Authority Act 2003 section 3,

and the officer suffers bodily harm;

(b)where the offence is committed under subsection (1)(h)(i), (j) or (k) and the person assaulted suffers bodily harm.

[Section 318 inserted by No. 119 of 1985 s. 13; amended by No 106 of 1987 s. 24; No. 70 of 1988 s. 29; No. 82 of 1994 s. 8; No. 70 of 2004 s. 35(3); No. 2 of 2008 s. 9; No. 21 of 2009 s. 5.]

318A.Assaults on aircraft’s crew

Any person who, while on board an aircraft unlawfully assaults a member of the crew of the aircraft or threatens with violence a member of the crew of the aircraft so as to interfere with the performance by the member of his functions or duties connected with the operation of the aircraft or so as to lessen his ability to perform those functions or duties, is guilty of a crime and is liable to imprisonment for 14 years.

Alternative offence: s. 294A, 297, 304, 313, 317 or 317A.

[Section 318A inserted by No. 53 of 1964 s. 6; amended by No. 51 of 1992 s. 16(2); No. 70 of 2004 s. 36(3).]

Chapter XXXI — Sexual offences

[Heading inserted by No. 14 of 1992 s. 6(1).]

319.Terms used in this Chapter

(1)In this Chapter — 

circumstances of aggravation, without limiting the definition of that expression in section 221, includes circumstances in which — 

(a)at or immediately before or immediately after the commission of the offence — 

(i)the offender is armed with any dangerous or offensive weapon or instrument or pretends to be so armed;

(ii)the offender is in company with another person or persons;

(iii)the offender does bodily harm to any person;

(iv)the offender does an act which is likely seriously and substantially to degrade or humiliate the victim; or

(v)the offender threatens to kill the victim;

or

(b)the victim is of or over the age of 13 years and under the age of 16 years;

deals with includes doing any act which, if done without consent, would constitute an assault;

indecent act means an indecent act which is — 

(a)committed in the presence of or viewed by any person; or

(b)photographed, videotaped, or recorded in any manner;

to indecently record means to take, or permit to be taken, or make, or permit to be made, an indecent photograph, film, video tape, or other recording (including a sound recording);

to sexually penetrate means — 

(a)to penetrate the vagina (which term includes the labia majora), the anus, or the urethra of any person with — 

(i)any part of the body of another person; or

(ii)an object manipulated by another person,

except where the penetration is carried out for proper medical purposes;

(b)to manipulate any part of the body of another person so as to cause penetration of the vagina (which term includes the labia majora), the anus, or the urethra of the offender by part of the other person’s body;

(c)to introduce any part of the penis of a person into the mouth of another person;

(d)to engage in cunnilingus or fellatio; or

(e)to continue sexual penetration as defined in paragraph (a), (b), (c) or (d).

(2)For the purposes of this Chapter — 

(a)consent means a consent freely and voluntarily given and, without in any way affecting the meaning attributable to those words, a consent is not freely and voluntarily given if it is obtained by force, threat, intimidation, deceit, or any fraudulent means;

(b)where an act would be an offence if done without the consent of a person, a failure by that person to offer physical resistance does not of itself constitute consent to the act;

(c)a child under the age of 13 years is incapable of consenting to an act which constitutes an offence against the child.

(3)For the purposes of this Chapter, a reference to a person indecently dealing with a child or an incapable person includes a reference to the person — 

(a)procuring or permitting the child or incapable person to deal indecently with the person;

(b)procuring the child or incapable person to deal indecently with another person; or

(c)committing an indecent act in the presence of the child or incapable person.

(4)For the purposes of this Chapter, a person is said to engage in sexual behaviour if the person — 

(a)sexually penetrates any person;

(b)has carnal knowledge of an animal; or

(c)penetrates the person’s own vagina (which term includes the labia majora), anus, or urethra with any object or any part of the person’s body for other than proper medical purposes.

[Section 319 inserted by No. 14 of 1992 s. 6(1); amended by No. 38 of 2004 s. 70.]

320.Child under 13, sexual offences against

(1)In this section child means a child under the age of 13 years.

(2)A person who sexually penetrates a child is guilty of a crime and is liable to imprisonment for 20 years.

Alternative offence: s. 320(4), 321(2) or (4) or 322(2) or (4).

(3)A person who procures, incites, or encourages a child to engage in sexual behaviour is guilty of a crime and is liable to imprisonment for 20 years.

Alternative offence: s. 320(4) or (5), 321(3), (4) or (5) or 322(3), (4) or (5).

(4)A person who indecently deals with a child is guilty of a crime and is liable to imprisonment for 10 years.

Alternative offence: s. 321(4) or 322(4).

(5)A person who procures, incites, or encourages a child to do an indecent act is guilty of a crime and is liable to imprisonment for 10 years.

Alternative offence: s. 321(5) or 322(5).

(6)A person who indecently records a child is guilty of a crime and is liable to imprisonment for 10 years.

Alternative offence: s. 321(6) or 322(6).

[Section 320 inserted by No. 14 of 1992 s. 6(1); amended by No. 70 of 2004 s. 36(3).]

321.Child of or over 13 and under 16, sexual offences against

(1)In this section, child means a child of or over the age of 13 years and under the age of 16 years.

(2)A person who sexually penetrates a child is guilty of a crime and is liable to the punishment in subsection (7).

Alternative offence: s. 321(4) or 322(2) or (4).

(3)A person who procures, incites, or encourages a child to engage in sexual behaviour is guilty of a crime and is liable to the punishment in subsection (7).

Alternative offence: s. 321(4) or (5) or 322(3), (4) or (5).

(4)A person who indecently deals with a child is guilty of a crime and is liable to the punishment in subsection (8).

Alternative offence: s. 322(4).

(5)A person who procures, incites, or encourages a child to do an indecent act is guilty of a crime and is liable to the punishment in subsection (8).

Alternative offence: s. 322(5).

(6)A person who indecently records a child is guilty of a crime and is liable to the punishment in subsection (8).

Alternative offence: s. 322(6).

(7)A person who is guilty of a crime under subsection (2) or (3) is liable to imprisonment for — 

(a)14 years;

(b)where the child is under the care, supervision, or authority of the offender, 20 years; or

(c)where the offender is under the age of 18 years and the child is not under the care, supervision, or authority of the offender, 7 years.

(8)A person who is guilty of a crime under subsection (4), (5) or (6) is liable to imprisonment for — 

(a)7 years;

(b)where the child is under the care, supervision, or authority of the offender, 10 years; or

(c)where the offender is under the age of 18 years and the child is not under the care, supervision, or authority of the offender, 4 years.

(9)Subject to subsection (9a) it is a defence to a charge under this section to prove the accused person —

(a)believed on reasonable grounds that the child was of or over the age of 16 years; and

(b)was not more than 3 years older than the child.

(9a)Where the child is under the care, supervision, or authority of the accused person it is immaterial that the accused person —

(a)believed on reasonable grounds that the child was of or over the age of 16 years; and

(b)was not more than 3 years older than the child.

(10)It is a defence to a charge under subsection (2), (3) or (4) to prove the accused person was lawfully married to the child.

(11)It is a defence to a charge under subsection (5) to prove —

(a)that the indecent act was a private conjugal act; or

(b)that the accused person intended the indecent act to be a private conjugal act.

(12)For the purposes of subsection (11) an indecent act is a private conjugal act if —

(a)it is not committed in the presence of, or viewed by, any person other than a person lawfully married to the child; and

(b)no photograph, film, videotape or other recording is made of it other than for the exclusive and private use of the child and a person lawfully married to the child.

(13)It is a defence to a charge under subsection (6) to prove —

(a)that the accused person was lawfully married to the child; and

(b)that the indecent recording was made for the exclusive and private use of the child and the accused person.

[Section 321 inserted by No. 14 of 1992 s. 6(1); amended by No. 3 of 2002 s. 38; No. 4 of 2004 s. 62; No. 70 of 2004 s. 36(3).]

321A.Child under 16, persistent sexual conduct with

(1)In this section —

prescribed offence means —

(a)an offence under section 320(2) or (4) or 321(2) or (4) or an attempt to commit such an offence; or

(b)an offence under section 320(3) or 321(3) where the child in fact engages in sexual behaviour;

sexual act means an act that would constitute a prescribed offence.

(2)For the purposes of this section a person persistently engages in sexual conduct with a child if that person does a sexual act in relation to the child on 3 or more occasions each of which is on a different day.

(3)For the purposes of subsection (2) —

(a)the sexual acts need not all constitute the same prescribed offence; and

(b)the sexual acts need not all have occurred in this State as long as at least one of them did.

(4)A person who persistently engages in sexual conduct with a child under the age of 16 years is guilty of a crime and is liable to imprisonment for 20 years.

(5)A charge of an offence under subsection (4) —

(a)must specify the period during which it is alleged that the sexual conduct occurred; and

(b)need not specify the dates, or in any other way particularise the circumstances, of the sexual acts alleged to constitute the sexual conduct.

(6)A person charged with an offence under subsection (4) may also be charged, either in the same or a separate indictment, with a prescribed offence that is alleged to have been committed in the period during which it is alleged that the sexual conduct constituting the offence under subsection (4) occurred.

(7)An indictment containing a charge of an offence under subsection (4) must be signed by the Director of Public Prosecutions or the Deputy Director of Public Prosecutions.

(8)A court cannot order the prosecutor to give a person charged with an offence under subsection (4) particulars of the sexual acts alleged to constitute the offence, despite section 131 of the Criminal Procedure Act 2004.

(9)It is a defence to a charge of an offence under subsection (4) to prove the accused person —

(a)believed on reasonable grounds that the child was of or over the age of 16 years; and

(b)was not more than 3 years older than the child.

(10)It is a defence to a charge of an offence under subsection (4) to prove the accused person was lawfully married to the child.

(11)If in a trial by jury of a charge of an offence under subsection (4), there is evidence of sexual acts on 4 or more occasions, the jury members need not all be satisfied that the same sexual acts occurred on the same occasions as long as the jury is satisfied that the accused person persistently engaged in sexual conduct in the period specified.

(12)If an accused person is found not guilty of a charge of an offence under subsection (4), he or she may nevertheless be found guilty of one or more prescribed offences committed in the period specified in the charge if the offence or offences are established by the evidence, despite section 10A.

(13)If a person is sentenced, whether on one or more than one indictment, to —

(a)a term of imprisonment for an offence under subsection (4); and

(b)a term of imprisonment for a prescribed offence committed in the period during which the offence under subsection (4) was committed,

the court must not order the terms to be served wholly or partly cumulatively.

[Section 321A inserted by No. 2 of 2008 s. 10.]

322.Child of or over 16, sexual offences against by person in authority etc.

(1)In this section child means a child of or over the age of 16 years.

(2)A person who sexually penetrates a child who is under his or her care, supervision, or authority is guilty of a crime and is liable to imprisonment for 10 years.

Alternative offence: s. 322(4).

(3)A person who procures, incites, or encourages a child who is under his or her care, supervision, or authority to engage in sexual behaviour is guilty of a crime and is liable to imprisonment for 10 years.

Alternative offence: s. 322(4) or (5).

(4)A person who indecently deals with a child who is under his or her care, supervision, or authority is guilty of a crime and is liable to imprisonment for 5 years.

(5)A person who procures, incites, or encourages a child who is under his or her care, supervision, or authority to do an indecent act is guilty of a crime and is liable to imprisonment for 5 years.

(6)A person who indecently records a child who is under his or her care, supervision, or authority is guilty of a crime and is liable to imprisonment for 5 years.

(7)It is no defence to a charge under this section to prove the accused believed on reasonable grounds that the child was of or over the age of 18 years.

(8)It is a defence to a charge under this section to prove the accused person was lawfully married to the child.

[Section 322 inserted by No. 14 of 1992 s. 6(1); amended by No. 3 of 2002 s. 40; No. 70 of 2004 s. 36(3).]

[322A.Deleted by No. 3 of 2002 s. 41(1).]

323.Indecent assault

A person who unlawfully and indecently assaults another person is guilty of a crime and liable to imprisonment for 5 years.

Summary conviction penalty: imprisonment for 2 years and a fine of $24 000.

[Section 323 inserted by No. 14 of 1992 s. 6(1); amended by No. 36 of 1996 s. 17; No. 70 of 2004 s. 35(2).]

324.Aggravated indecent assault

A person who unlawfully and indecently assaults another person in circumstances of aggravation is guilty of a crime and is liable to imprisonment for 7 years.

Alternative offence: s. 321(4), 322(4) or 323.

Summary conviction penalty: imprisonment for 3 years and a fine of $36 000.

[Section 324 inserted by No. 14 of 1992 s. 6(1); amended by No. 36 of 1996 s. 18; No. 70 of 2004 s. 35(3) and 36(3).]

325.Sexual penetration without consent

A person who sexually penetrates another person without the consent of that person is guilty of a crime and is liable to imprisonment for 14 years.

Alternative offence: s. 322(2) or (4), 323 or 324.

[Section 325 inserted by No. 14 of 1992 s. 6(1); amended by No. 70 of 2004 s. 36(3).]

326.Aggravated sexual penetration without consent

A person who sexually penetrates another person without the consent of that person in circumstances of aggravation is guilty of a crime and liable to imprisonment for 20 years.

Alternative offence: s. 321(2) or (4), 322(2) or (4), 323, 324 or 325.

[Section 326 inserted by No. 14 of 1992 s. 6(1); amended by No. 70 of 2004 s. 36(3).]

327.Sexual coercion

A person who compels another person to engage in sexual behaviour is guilty of a crime and is liable to imprisonment for 14 years.

Alternative offence: s. 322(3), (4) or (5).

[Section 327 inserted by No. 14 of 1992 s. 6(1); amended by No. 70 of 2004 s. 36(3).]

328.Aggravated sexual coercion

A person who compels another person to engage in sexual behaviour in circumstances of aggravation is guilty of a crime and is liable to imprisonment for 20 years.

Alternative offence: s. 321(3), (4) or (5), 322(3), (4) or (5) or 327.

[Section 328 inserted by No. 14 of 1992 s. 6(1); amended by No. 70 of 2004 s. 36(3).]

329.Relatives and the like, sexual offences by

(1)In this section — 

de facto child means a step‑child of the offender or a child or step‑child of a de facto partner of the offender;

lineal relative means a person who is a lineal ancestor, lineal descendant, brother, or sister, whether the relationship is of the whole blood or half‑blood, whether or not the relationship is traced through, or to, a person whose parents were not married to each other at the time of the person’s birth, or subsequently, and whether the relationship is a natural relationship or a relationship established by a written law.

(2)A person who sexually penetrates a child who the offender knows is his or her lineal relative or a de facto child is guilty of a crime and is liable to the punishment in subsection (9).

Alternative offence: s. 321(2) or (4), 322(2) or (4) or 329(4).

(3)A person who procures, incites, or encourages a child who the offender knows is his or her lineal relative or a de facto child to engage in sexual behaviour is guilty of a crime and is liable to the punishment in subsection (9).

Alternative offence: s. 321(3), (4) or (5), 322(3), (4) or (5) or 329(4) or (5).

(4)A person who indecently deals with a child who the offender knows is his or her lineal relative or a de facto child is guilty of a crime and is liable to the punishment in subsection (10).

Alternative offence: s. 321(4) or 322(4).

(5)A person who procures, incites, or encourages a child who the offender knows is his or her lineal relative or a de facto child to do an indecent act is guilty of a crime and is liable to the punishment in subsection (10).

Alternative offence: s. 321(5) or 322(5).

(6)A person who indecently records a child who the offender knows is his or her lineal relative or a de facto child is guilty of a crime and is liable to the punishment in subsection (10).

Alternative offence: s. 321(6) or 322(6).

(7)A person who sexually penetrates a person of or over the age of 18 years who the offender knows is his or her lineal relative is guilty of a crime and is liable to imprisonment for 3 years.

(8)A person of or over the age of 18 years who consents to being sexually penetrated by a person who he or she knows is his or her lineal relative is guilty of a crime and is liable to imprisonment for 3 years.

(9)A person who is guilty of a crime under subsection (2) or (3) is liable to imprisonment for — 

(a)where the child is under the age of 16 years, 20 years; or

(b)where the child is of or over the age of 16 years, 10 years.

(10)A person who is guilty of a crime under subsection (4), (5) or (6) is liable to imprisonment for — 

(a)where the child is under the age of 16 years, 10 years; or

(b)where the child is of or over the age of 16 years, 5 years.

(11)On a charge under this section it shall be presumed in the absence of evidence to the contrary — 

(a)that the accused knew that he or she was related (whether lineally or as otherwise referred to in this section) to the other person; and

(b)that people who are reputed to be related to each other in a particular way (whether lineally or as otherwise referred to in this section) are in fact related in that way.

[Section 329 inserted by No. 14 of 1992 s. 6(1); amended by No. 3 of 2002 s. 42; No. 70 of 2004 s. 36(3).]

330.Incapable person, sexual offences against

(1)In this section a reference to an incapable person is a reference to a person who is so mentally impaired as to be incapable — 

(a)of understanding the nature of the act the subject of the charge against the accused person; or

(b)of guarding himself or herself against sexual exploitation.

(2)A person who sexually penetrates a person who the offender knows or ought to know is an incapable person is guilty of a crime and is liable to the punishment in subsection (7).

Alternative offence: s. 322(2) or (4), 323, 324, 325, 326 or 330(4).

(3)A person who procures, incites, or encourages a person who the offender knows or ought to know is an incapable person to engage in sexual behaviour is guilty of a crime and is liable to the punishment in subsection (7).

Alternative offence: s. 322(3), 322(4), 322(5), 327, 328 or 330(4) or (5).

(4)A person who indecently deals with a person who the offender knows or ought to know is an incapable person is guilty of a crime and is liable to the punishment in subsection (8).

Alternative offence: s. 322(4), 323 or 324.

(5)A person who procures, incites, or encourages a person who the offender knows or ought to know is an incapable person to do an indecent act is guilty of a crime and is liable to the punishment in subsection (8).

Alternative offence: s. 322(5).

(6)A person who indecently records a person who the offender knows or ought to know is an incapable person is guilty of a crime and is liable to the punishment in subsection (8).

Alternative offence: s. 322(6).

(7)A person who is guilty of a crime under subsection (2) or (3) is liable to imprisonment for — 

(a)14 years; or

(b)where the incapable person is under the care, supervision, or authority of the offender, 20 years.

(8)A person who is guilty of a crime under subsection (4), (5) or (6) is liable to imprisonment for — 

(a)7 years; or

(b)where the incapable person is under the care, supervision, or authority of the offender, 10 years.

(9)It is a defence to a charge under this section to prove the accused person was lawfully married to the incapable person.

[Section 330 inserted by No. 14 of 1992 s. 6(1); amended by No. 69 of 1996 s. 11; No. 70 of 2004 s. 36(3).]

331.Ignorance of age no defence

It is no defence to a charge of a crime under section 320 or 329 in respect of which the age of the victim is relevant that the accused person did not know the age of the victim or believed the victim was of or over that age.

[Section 331 inserted by No. 14 of 1992 s. 6(1).]

331A.Terms used in s. 331B to 331D

In sections 331B to 331D —

child means a person under the age of 18 years;

incapable person has the meaning given by section 330(1);

sexual service means the use or display of the body of the person providing the service for the sexual arousal or sexual gratification of others.

[Section 331A inserted by No. 4 of 2004 s. 25.]

331B.Sexual servitude

A person who compels another person to provide or to continue to provide a sexual service is guilty of a crime and is liable —

(a)if the other person is a child or an incapable person, to imprisonment for 20 years; or

(b)otherwise, to imprisonment for 14 years.

[Section 331B inserted by No. 4 of 2004 s. 25.]

331C.Conducting business involving sexual servitude

(1)In this section —

conducting a business includes —

(a)taking part in the management of the business;

(b)exercising control or direction over the business; and

(c)providing finance for the business.

(2)A person who conducts a business that involves any other person being compelled to provide or to continue to provide a sexual service is guilty of a crime and is liable —

(a)if the other person is a child or an incapable person, to imprisonment for 20 years; or

(b)otherwise, to imprisonment for 14 years.

[Section 331C inserted by No. 4 of 2004 s. 25.]

331D.Deceptive recruiting for commercial sexual services

(1)A person who —

(a)offers a person who is neither a child nor an incapable person (the victim) employment or some other form of engagement to provide personal services;

(b)at the time of making the offer knows —

(i)that the victim will in the course of or in connection with the employment or engagement be asked or expected to provide a commercial sexual service; and

(ii)that the continuation of the employment or engagement, or the victim’s advancement in the employment or engagement, will be dependent on the victim’s preparedness to provide a commercial sexual service;

and

(c)does not disclose that knowledge to the victim at the time of making the offer,

is guilty of a crime and is liable to imprisonment for 7 years.

(2)A person who —

(a)offers a child or an incapable person (the victim) employment or some other form of engagement to provide personal services; and

(b)at the time of making the offer knows —

(i)that the victim will in the course of or in connection with the employment or engagement be asked or expected to provide a sexual service; and

(ii)that the continuation of the employment or engagement, or the victim’s advancement in the employment or engagement, will be dependent on the victim’s preparedness to provide a sexual service,

is guilty of a crime and is liable to imprisonment for 20 years.

[Section 331D inserted by No. 4 of 2004 s. 25.]

[Chapter XXXIA deleted by No. 14 of 1992 s. 6(4).]

[Chapter XXXII deleted by No. 48 of 1991 s. 12(9).]

Chapter XXXIII — Offences against liberty

332.Kidnapping

(1)For the purposes of this section and section 333, a person who deprives another person of personal liberty — 

(a)by taking the other person away or enticing the other person away;

(b)by confining or detaining the other person in any place; or

(c)in any other manner,

is said to detain that other person.

(2)Any person who detains another person with intent to — 

(a)gain a benefit, pecuniary or otherwise, for any person;

(b)cause a detriment, pecuniary or otherwise, to any person;

(c)prevent or hinder the doing of an act by a person who is lawfully entitled to do that act; or

(d)compel the doing of an act by a person who is lawfully entitled to abstain from doing that act,

by a threat, or by a demand, or by a threat and a demand, is guilty of a crime and is liable to imprisonment for 20 years.

Alternative offence: s. 333.

(3)In proceedings for an offence against this section it is not necessary to allege or prove that a threat or demand was actually made.

(4)In this section threat means a threat to kill, injure, endanger or cause harm or detriment to any person.

[Section 332 inserted by No. 101 of 1990 s. 14; amended by No. 70 of 2004 s. 36(3).]

333.Deprivation of liberty

Any person who unlawfully detains another person is guilty of a crime and is liable to imprisonment for 10 years.

[Section 333 inserted by No. 101 of 1990 s. 14.]

[334, 335.Deleted by No. 101 of 1990 s. 15.]

336.Procuring apprehension or detention of persons not suffering from mental illness or impairment

Any person who, by the production of a false certificate or other document, knowingly and wilfully, procures any person, not suffering from mental illness (as defined in the Mental Health Act 1996) or mental impairment, to be apprehended or detained, pursuant to that Act or any law relating to mental impairment, upon insufficient or unreasonable grounds, is guilty of a crime and is liable to imprisonment for 3 years.

[Section 336 inserted by No. 69 of 1996 s. 12; amended by No. 70 of 2004 s. 34(1).]

337.Unlawful detention or custody of persons who are mentally ill or impaired

Any person who detains, or assumes the custody of, a person suffering from mental illness (as defined in the Mental Health Act 1996) or mental impairment, contrary to that Act or any law relating to mental impairment, is guilty of a crime and is liable to imprisonment for 2 years.

Summary conviction penalty: imprisonment for 12 months and a fine of $12 000.

[Section 337 inserted by No. 69 of 1996 s. 13; amended by No. 70 of 2004 s. 34(1) and 35(1).]

Chapter XXXIIIA — Threats

[Heading inserted by No. 101 of 1990 s. 17.]

338.Threat, meaning of

In this Chapter a reference to a threat is a reference to a statement or behaviour that expressly constitutes, or may reasonably be regarded as constituting, a threat to — 

(a)kill, injure, endanger or harm any person, whether a particular person or not;

(b)destroy, damage, endanger or harm any property, whether particular property or not;

(c)take or exercise control of a building, structure or conveyance by force or violence; or

(d)cause a detriment of any kind to any person, whether a particular person or not.

[Section 338 inserted by No. 101 of 1990 s. 17.]

338A.Threats with intent to influence

Any person who makes a threat with intent to — 

(a)gain a benefit, pecuniary or otherwise, for any person;

(b)cause a detriment, pecuniary or otherwise, to any person;

(c)prevent or hinder the doing of an act by a person who is lawfully entitled to do that act; or

(d)compel the doing of an act by a person who is lawfully entitled to abstain from doing that act,

is guilty of a crime and is liable — 

(e)where the threat is to kill a person, to imprisonment for 10 years;

(f)in any other case, to imprisonment for 7 years.

Alternative offence: s. 338B.

[Section 338A inserted by No. 101 of 1990 s. 17; amended by No. 70 of 2004 s. 36(3).]

338B.Threats

Any person who makes a threat to unlawfully do anything mentioned in section 338(a), (b), (c) or (d) is guilty of a crime and is liable — 

(a)where the threat is to kill a person, to imprisonment for 7 years or, if the offence is committed in circumstances of racial aggravation, to imprisonment for 14 years;

(b)in the case of any other threat, to imprisonment for 3 years or, if the offence is committed in circumstances of racial aggravation, to imprisonment for 6 years.

Summary conviction penalty in a case to which paragraph (b) applies: imprisonment for 18 months and a fine of $18 000.

[Section 338B inserted by No. 101 of 1990 s. 17; amended by No. 70 of 2004 s. 35(5); No. 80 of 2004 s. 10.]

338C.Statements or acts creating false apprehension as to the existence of threats or danger

(1)Any person who makes a statement or conveys information which that person knows to be false and which expressly indicates, or may reasonably be construed as indicating —

(a)that a threat to unlawfully do anything mentioned in section 338(a), (b), (c) or (d) has been made; or

(b)that there has been, is, or is to be an intention, proposal, plan or conspiracy to unlawfully do anything mentioned in section 338(a), (b), (c) or (d),

is guilty of a crime.

(2)Any person who —

(a)does any act with the intention of creating a belief, suspicion or fear that anything mentioned in section 338(a), (b), (c) or (d) is being, or has been, unlawfully done or attempted; and

(b)knows, at the time of doing that act, that the circumstance with respect to which the belief, suspicion or fear is intended to be created does not exist,

is guilty of a crime.

(3)A person who commits a crime under this section is liable to —

(a)imprisonment for 10 years if the —

(i)threat referred to in subsection (1)(a);

(ii)intention, proposal, plan or conspiracy referred to in subsection (1)(b); or

(iii)belief, suspicion or fear referred to in subsection (2)(a),

relates to something mentioned in section 338(a), (b) or (c); or

(b)imprisonment for 3 years in any other case.

Summary conviction penalty:

(a)in a case to which subsection (3)(a) applies: imprisonment for 3 years and a fine of $36 000; or

(b)in a case to which subsection (3)(b) applies: imprisonment for 18 months and a fine of $18 000.

(4)A court convicting a person of a crime under this section may, in addition to, or without, imposing any penalty, order that person to pay the amount of any wages attributable to, or expenses reasonably incurred with respect to, any investigation, inquiry or search made, whether by a member of the Police Force or otherwise, as a result of the statement, information or act by reason of which the person is convicted.

(5)An order made under subsection (4) —

(a)must specify to whom and in what manner the amount is to be paid; and

(b)may be enforced as though the amount so ordered to be paid were a penalty imposed under this section.

[Section 338C inserted by No. 34 of 2001 s. 3; amended by No. 70 of 2004 s. 35(6); No. 2 of 2008 s. 11.]

Chapter XXXIIIB — Stalking

[Heading inserted by No. 38 of 1998 s. 4.]

338D.Terms used in this Chapter

(1)In this Chapter —

circumstances of aggravation, without limiting the definition of that expression in section 221, includes circumstances in which —

(a)immediately before or during or immediately after the commission of the offence, the offender is armed with any dangerous or offensive weapon or instrument or pretends to be so armed; or

(b)the conduct of the offender in committing the offence constituted a breach of a condition on which bail has been granted to the offender;

intimidate, in relation to a person, includes —

(a)to cause physical or mental harm to the person;

(b)to cause apprehension or fear in the person;

(c)to prevent the person from doing an act that the person is lawfully entitled to do, or to hinder the person in doing such an act;

(d)to compel the person to do an act that the person is lawfully entitled to abstain from doing;

pursue, in relation to a person, includes —

(a)to repeatedly communicate with the person, whether directly or indirectly and whether in words or otherwise;

(b)to repeatedly follow the person;

(c)to repeatedly cause the person to receive unsolicited items;

(d)to watch or beset the place where the person lives or works or happens to be, or the approaches to such a place;

(e)whether or not repeatedly, to do any of the foregoing in breach of a restraining order or bail condition.

(2)For the purpose of deciding whether an accused person has pursued another person —

(a)the accused is not to be regarded as having communicated with or followed that person on a particular occasion if it is proved by or on behalf of the accused that on that occasion the accused did not intend to communicate with or follow that person;

(b)an act by the accused on a particular occasion is not to be taken into account for the purpose of deciding whether the accused watched or beset a place where that person lived, worked or happened to be, or the approaches to such a place, if it is proved by or on behalf of the accused that on that occasion the accused did not know it was such a place.

[Section 338D inserted by No. 38 of 1998 s. 4(1); amended by No. 38 of 2004 s. 71.]

338E.Stalking

(1)A person who pursues another person with intent to intimidate that person or a third person, is guilty of a crime and is liable —

(a)where the offence is committed in circumstances of aggravation, to imprisonment for 8 years; and

(b)in any other case, to imprisonment for 3 years.

Alternative offence: s. 338E(2).

Summary conviction penalty:

(a)in a case to which subsection (1)(a) applies: imprisonment for 2 years and a fine of $24 000;

(b)in a case to which subsection (1)(b) applies: imprisonment for 18 months and a fine of $18 000.

(2)A person who pursues another person in a manner that could reasonably be expected to intimidate, and that does in fact intimidate, that person or a third person is guilty of a simple offence.

Penalty: imprisonment for 12 months and a fine of $12 000.

(3)It is a defence to a charge under this section to prove that the accused person acted with lawful authority.

[Section 338E inserted by No. 38 of 1998 s. 4(1); amended by No. 70 of 2004 s. 35(7), 35(8) and 36(3); No. 2 of 2008 s. 12.]

Chapter XXXIV — Offences relating to parental rights and duties

[Heading amended by No. 70 of 2004 s. 24(2).]

[339‑342.Deleted by No. 70 of 2004 s. 24(1).]

343.Child stealing

Any person who, with intent to deprive any parent, guardian, or other person who has the lawful care or charge of a child under the age of 16 years, of the possession of such child, or with intent to steal any article upon or about the person of any such child — 

(1)Forcibly or fraudulently takes or entices away, or detains the child; or

(2)Receives or harbours the child, knowing it to have been so taken or enticed away or detained;

is guilty of a crime, and is liable to imprisonment for 20 years.

Alternative offence for a charge of an offence under paragraph (1): an offence under paragraph (2).

It is a defence to a charge of any of the offences defined in this section to prove that the accused person claimed a right to the possession of the child, or, in the case of an illegitimate child, is its mother or claimed to be its father or parent under section 6A of the Artificial Conception Act 1985.

[Section 343 amended by No. 25 of 1960 s. 3; No. 118 of 1981 s. 4; No. 51 of 1992 s. 16(2); No. 3 of 2002 s. 43; No. 70 of 2004 s. 36(7).]

343A.Publication of report of child‑stealing unlawful unless approved

(1)Any person who — 

(a)prints or publishes any report of an offence committed or alleged to have been committed under section 343 of this Code in any newspaper or other periodical, radio broadcast or telecast; or

(b)so prints or so publishes any matter that has reference to the commission of the offence or the allegation that the offence has been committed; or

(c)transmits any such report or matter to any person for the purpose of it being so printed or so published,

before the expiration of 7 days from the date on which the offence was committed or alleged to have been committed or before the child in respect of whom the offence was committed or alleged to have been committed, is returned to the parent, guardian, or other person who has the lawful care or charge of the child, whichever event first happens, without the report or matter being first approved by the Commissioner of Police of the State is guilty of an offence and is liable to imprisonment for 12 months and a fine of $12 000.

(2)In this section the term periodical includes any review, magazine, or other writing or print published periodically.

(3)A prosecution for any of the offences defined in this section shall not be commenced unless authorised by the Attorney General in writing.

[Section 343A inserted by No. 25 of 1960 s. 4; amended by No. 113 of 1965 s. 8; No. 73 of 1994 s. 4; No. 70 of 2004 s. 35(9).]

344.Desertion of children under 16

Any person who, being the parent of a child under the age of 16 years, and being able to maintain such child, wilfully and without lawful or reasonable cause deserts the child and leaves it without means of support, is guilty of a crime, and is liable to imprisonment for one year.

[Section 344 amended by No. 70 of 2004 s. 34(1).]

Chapter XXXV  Criminal defamation

[Heading inserted by No. 44 of 2005 s. 47.]

345.Criminal defamation

(1)A person who, without lawful excuse, publishes matter defamatory of another living person (the victim) —

(a)knowing the matter to be false or without having regard to whether the matter is true or false; and

(b)intending to cause serious harm to the victim or any other person or without having regard to whether such harm is caused,

is guilty of a crime and is liable to imprisonment for 3 years.

Summary conviction penalty: imprisonment for 12 months and a fine of $12 000.

(2)In proceedings for an offence under this section the accused person has a lawful excuse for the publication of defamatory matter about the victim if, and only if, subsection (3) applies.

(3)This subsection applies if the accused person would, having regard only to the circumstances happening before or at the time of the publication, have had a defence for the publication if the victim had brought civil proceedings for defamation against the accused person.

(4)The prosecutor bears the onus of negativing the existence of a lawful excuse if, and only if, evidence directed to establishing the excuse is first adduced by or on behalf of the accused person.

(5)On a trial before a jury for an offence under this section —

(a)the question of whether the matter complained of is capable of bearing a defamatory meaning is a question for determination by the judge;

(b)the question of whether the matter complained of does bear a defamatory meaning is a question for the jury; and

(c)the jury may give a general verdict of guilty or not guilty on the issues as a whole.

(6)A prosecution under this section must not be commenced without the consent of the Director of Public Prosecutions.

(7)In this section —

publish and defamatory have the meanings that those terms have in the law of tort (as modified by the Defamation Act 2005) relating to defamation.

[Section 345 inserted by No. 44 of 2005 s. 47.]

[346‑369.Deleted by No. 44 of 2005 s. 47.]

Part VI — Offences relating to property and contracts

Division I — Stealing and like offences

Chapter XXXVI — Stealing

370.Things capable of being stolen

Every inanimate thing whatever which is the property of any person, and which is movable, is capable of being stolen.

Every inanimate thing which is the property of any person, and which is capable of being made movable, is capable of being stolen as soon as it becomes movable, although it is made movable in order to steal it.

Every tame animal, whether tame by nature or wild by nature and tamed, which is the property of any person, is capable of being stolen; but tame pigeons are not capable of being stolen except while they are in a pigeon‑house or on their owner’s land.

Animals wild by nature, of a kind which is not ordinarily found in a condition of natural liberty in Western Australia, which are the property of any person, and which are usually kept in a state of confinement, are capable of being stolen, whether they are actually in confinement or have escaped from confinement.

Animals wild by nature, of a kind which is ordinarily found in a condition of natural liberty in Western Australia which are the property of any person, are capable of being stolen while they are in confinement and while they are being actually pursued after escaping from confinement, but not at any other time.

An animal wild by nature is deemed to be in a state of confinement so long as it is in a den, cage, sty, tank, or other small enclosure, or is otherwise so placed that it cannot escape and that its owner can take possession of it at pleasure.

Animals, which are the property of any person, are capable of being stolen while they are being reared by aquaculture in a place that is the property of, or under the control of, any person.

The term animal includes any living creature and any living aquatic organism other than mankind.

Wild animals in the enjoyment of their natural liberty are not capable of being stolen, but their dead bodies are capable of being stolen.

Everything produced by or forming part of the body of an animal capable of being stolen is capable of being stolen.

[Section 370 amended by No. 4 of 2004 s. 64.]

371.Steal, meaning of

(1)A person who fraudulently takes anything capable of being stolen, or fraudulently converts to his own use or to the use of any other person any property, is said to steal that thing or that property.

(2)A person who takes anything capable of being stolen or converts any property is deemed to do so fraudulently if he does so with any of the following intents, that is to say —

(a)An intent to permanently deprive the owner of the thing or property of it or any part of it;

(b)An intent to permanently deprive any person who has any special property in the thing or property of such special property;

(c)An intent to use the thing or property as a pledge or security;

(d)An intent to part with it on a condition as to its return which the person taking or converting it may be unable to perform;

(e)An intent to deal with it in such a manner that it cannot be returned in the condition in which it was at the time of the taking or conversion;

(f)In the case of money, an intent to use it at the will of the person who takes or converts it although he may intend to afterwards repay the amount to the owner.

The term special property includes any charge or lien upon the thing or property in question, and any right arising from or dependent upon holding possession of the thing or property in question, whether by the person entitled to such right or by some other person for his benefit.

(3)The taking or conversion may be fraudulent, although it is effected without secrecy or attempt at concealment.

(4)In the case of conversion, it is immaterial whether the property converted is taken for the purpose of conversion or whether it is at the time of the conversion in the possession, control or management of the person who converts it. It is also immaterial that the person who converts the property is the holder of a power of attorney for the disposition of it, or is otherwise authorised to dispose of the property.

(5)When the property converted has been lost by the owner and found by the person who converts it, the conversion is not deemed to be fraudulent if at the time of the conversion the person taking or converting the property does not know who is the owner, and believes, on reasonable grounds, that the owner cannot be discovered.

(6)The act of stealing is not complete until the person taking or converting the thing actually moves it or otherwise actually deals with it by some physical act.

(7)In this section, property includes any description of real and personal property, money, debts, bank credits, and legacies and all deeds and instruments relating to or evidencing the title or right to any property or giving a right to recover or receive any money or goods and also includes not only such property as has been originally in the possession or in the control of any person but also any property in which or for which it has been converted or exchanged and anything acquired by the conversion or exchange, whether immediately or otherwise.

[Section 371 amended by No. 20 of 1954 s. 2.]

371A.Special case: motor vehicles

(1)A person who unlawfully — 

(a)uses a motor vehicle; or

(b)takes a motor vehicle for the purposes of using it; or

(c)drives or otherwise assumes control of a motor vehicle,

without the consent of the owner or the person in charge of that motor vehicle, is said to steal that motor vehicle.

(2)This section has effect in addition to section 371 and does not prevent section 371 from applying to motor vehicles.

[Section 371A inserted by No. 37 of 1991 s. 17.]

372.Special cases

(1)When a wild animal in the enjoyment of its natural liberty has been killed by any person, the taking of the dead body of the animal by that person, or by any person acting under his orders, before it has been reduced into actual possession by the owner of the land on which the animal was killed or on which it died, is not deemed to be stealing.

(2)When a factor or agent pledges or gives a lien on any goods or document of title to goods entrusted to him for the purpose of sale or otherwise for any sum of money not greater than the amount due to him from his principal at the time of pledging or giving the lien, together with the amount of any bill of exchange or promissory note accepted or made by him for or on account of his principal, such dealing with the goods or document of title is not deemed to be stealing.

[Section 372 amended by No. 4 of 2004 s. 61(5).]

373.Funds etc. held under direction

When a person receives, either alone or jointly with another person, any money or valuable security, or a power of attorney for the sale, mortgage, pledge, or other disposition, of any property, whether capable of being stolen or not, with a direction in either case that such money or any part thereof, or any other money received in exchange for it, or any part thereof, or the proceeds or any part of the proceeds of such security, or of such mortgage, pledge, or other disposition, shall be applied to any purpose or paid to any person specified in the direction, such money and proceeds are deemed to be the property of the person from whom the money, security, or power of attorney was received, until the direction has been complied with:

Provided that if the person receiving the money, security, or power of attorney, and the person from whom he receives it ordinarily deal with each other on such terms that in the absence of any special direction all money paid to the former on account of the latter would be properly treated as an item in a debtor and creditor account between them, the former cannot be charged with stealing the money or any such proceeds unless the direction is in writing.

374.Funds etc. received by agents for sale

When a person receives, either alone or jointly with another person, any property from another on terms authorising or requiring him to sell it or otherwise dispose of it, and requiring him to pay or account for the proceeds of the property, or any part of such proceeds, or to deliver anything received in exchange for the property, to the person from whom it is received, or some other person, then the proceeds of the property, and anything so received in exchange for it are deemed to be the property of the person from whom the property was so received, until they have been disposed of in accordance with the terms on which the property was received, unless it is a part of those terms that the proceeds, if any, shall form an item in a debtor and creditor account between him and the person to whom he is to pay them or account for them, and that the relation of debtor and creditor only shall exist between them in respect thereof.

375.Money received for another

When a person receives, either alone or jointly with another person, any money on behalf of another, the money is deemed to be the property of the person on whose behalf it is received, unless the money is received on the terms that it shall form an item in a debtor and creditor account, and that the relation of debtor and creditor only shall exist between the parties in respect of it.

376.Stealing by persons having an interest in the thing stolen

When any person takes or converts anything capable of being stolen, under such circumstances as would otherwise amount to stealing, it is immaterial that he himself has a special property or interest therein, or that he himself is the owner of the thing taken or converted subject to some special property or interest of some other person therein; or that he is lessee of the thing; or that he himself is one of 2 or more joint owners of the thing; or that he is a director or officer of a corporation or company or society who are the owners of it.

[377.Deleted by No. 28 of 2003 s. 118(4).]

378.Penalty for stealing

Any person who steals anything capable of being stolen is guilty of a crime, and is liable, if no other punishment is provided, to imprisonment for 7 years.

Alternative offence: s. 382, 383, 388, 390A, 409, 414, 428 or 429.

Punishment in special cases

(1)If the thing stolen is a testamentary instrument, whether the testator is living or dead, the offender is liable to imprisonment for 10 years.

(2)If the thing stolen is a motor vehicle and the offender — 

(a)wilfully drives the motor vehicle in a manner that constitutes an offence under section 60 of the Road Traffic Act 1974 (i.e. the offence known as reckless driving); or

(b)drives the motor vehicle in a manner that constitutes an offence under section 61 of the Road Traffic Act 1974 (i.e. the offence known as dangerous driving),

the offender is liable to imprisonment for 8 years.

[(3), (4)deleted]

(4a)If the thing stolen is an aircraft the offender is liable to imprisonment for 10 years.

(5)If the offence is committed under any of the circumstances following, that is to say — 

(a)If the thing is stolen from the person of another;

(b)If the thing is stolen in a dwelling, and its value exceeds $10 000, or the offender at or immediately before or after the time of stealing uses or threatens to use violence to any person in the dwelling;

(c)If the thing is stolen from any kind of vessel or vehicle or place of deposit used for the conveyance or custody of goods in transit from one place to another;

(d)If the thing is stolen from a vessel which is in distress or wrecked or stranded;

(e)If the thing is stolen from a public office in which it is deposited or kept;

(f)If the offender, in order to commit the offence, opens any locked room, box, or other receptacle by means of a key or other instrument;

the offender is liable to imprisonment for 14 years.

(6)If the offender is a person employed in the Public Service, and the thing stolen is the property of Her Majesty, or came into the possession of the offender by virtue of his employment, he is liable to imprisonment for 10 years.

(7)If the offender is a clerk or servant, and the thing stolen is the property of his employer, or came into the possession of the offender on account of his employer, he is liable to imprisonment for 10 years.

(8)If the offender is a director or officer of a corporation or company, and the thing stolen is the property of the corporation or company, he is liable to imprisonment for 10 years.

(9)If the thing stolen is any of the things following, that is to say —

(a)Property which has been received by the offender with a power of attorney for the disposition thereof;

(b)Money received by the offender with a direction that the same should be applied to any purpose or paid to any person specified in the direction;

(c)The whole or part of the proceeds of any valuable security which has been received by the offender with a direction that the proceeds thereof should be applied to any purpose or paid to any person specified in the direction;

(d)The whole or part of the proceeds arising from any disposition of any property which have been received by the offender by virtue of a power of attorney for such disposition, such power of attorney having been received by the offender with a direction that such proceeds should be applied to any purpose or paid to any person specified in the direction;

the offender is liable to imprisonment for 10 years.

[Section 378 amended by No. 53 of 1964 s. 7; No. 113 of 1965 s. 8(1); No. 1 of 1969 s. 2; No. 106 of 1987 s. 24; No. 101 of 1990 s. 18; No. 1 of 1992 s. 5; No. 51 of 1992 s. 16(2); No. 36 of 1996 s. 20; No. 70 of 2004 s. 36(8); No. 84 of 2004 s. 27(2).]

[378A.Deleted by No. 101 of 1990 s. 19.]

Chapter XXXVII — Offences analogous to stealing

379.Concealing registers

Any person who, with intent to defraud, conceals or takes from its place of deposit any register which is authorised or required by law to be kept for authenticating or recording the title to any property, or for recording births, baptisms, marriages, deaths, or burials, or a copy of any part of any such register which is required by law to be sent to any public officer, is guilty of a crime, and is liable to imprisonment for 14 years.

Alternative offence: s. 424.

[Section 379 amended by No. 51 of 1992 s. 16(2); No. 70 of 2004 s. 36(3).]

380.Concealing wills

Any person who, with intent to defraud, conceals any testamentary instrument, whether the testator is living or dead, is guilty of a crime, and is liable to imprisonment for 14 years.

[Section 380 amended by No. 51 of 1992 s. 16(2).]

381.Concealing deeds

Any person who, with intent to defraud, conceals the whole or part of any document which is evidence of title to any land or estate in land is guilty of a crime, and is liable to imprisonment for 3 years.

[Section 381 amended by No. 51 of 1992 s. 16(2).]

382.Killing animals with intent to steal

Any person who kills any animal capable of being stolen with intent to steal the skin or carcass, or any part of the skin or carcass, is guilty of a crime, and is liable to the same punishment as if he had stolen the animal.

383.Severing with intent to steal

Any person who makes anything movable with intent to steal it is guilty of a crime, and is liable to the same punishment as if he had stolen the thing after it became movable.

384.Using registered brands with criminal intention

Any person who, with intent to facilitate the commission of a crime, brands or marks any animal with a registered brand or registered mark without the permission of the owner of the brand or mark is guilty of a crime, and is liable to imprisonment for 3 years.

[Section 384 amended by No. 51 of 1992 s. 16(2); No. 70 of 2004 s. 34(1).]

385.Fraudulently dealing with minerals in mines

Any person who takes, conceals, or otherwise disposes of any ore of any metal or mineral in or about a mine, with intent to defraud any person, is guilty of a crime, and is liable to imprisonment for 3 years.

[Section 385 amended by No. 51 of 1992 s. 16(2); No. 70 of 2004 s. 34(1).]

386.Concealing royalty

Any person who, being the holder of any lease issued under any Act relating to mining — 

(a)By any device or contrivance defrauds, or attempts to defraud, any person of any royalty or money payable under any such lease; or

(b)Conceals or makes a false statement as to any produce of the mine with intent to defraud;

is guilty of a crime, and is liable to imprisonment for 2 years.

[Section 386 amended by No. 51 of 1992 s. 16(2); No. 70 of 2004 s. 34(1).]

387.Removing guano without licence

Any person who collects or removes guano on or from any part of the territorial dominions of Western Australia without lawful authority is guilty of a crime, and is liable to imprisonment for one year.

[Section 387 amended by No. 51 of 1992 s. 16(2); No. 70 of 2004 s. 34(1).]

388.Bringing stolen goods into Western Australia

Any person who, having at any place, not in Western Australia, obtained any property by any act which, if it had been done in Western Australia, would have constituted the crime of stealing, and which is an offence under the laws in force in the place where it was done, brings such property into Western Australia, or has it in his possession in Western Australia, is guilty of a crime, and is liable to the same punishment as if he had stolen it in Western Australia; but so that the punishment does not exceed that which would be incurred for the same act under the laws in force in the place where the act by which he obtained the property was done.

Alternative offence: s. 378.

[Section 388 amended by No. 70 of 2004 s. 36(3).]

389.Fraudulent disposition of mortgaged goods

Any person who, being the mortgagor of mortgaged goods, removes or disposes of the goods without the consent of the mortgagee and with intent to defraud, is guilty of a crime, and is liable to imprisonment for 3 years.

Any person (being such a mortgagor as aforesaid) who shall destroy, break, injure, kill, or otherwise damage any mortgaged goods with intent to deprive the mortgagee of his security or any part thereof, or to defeat or anywise impair the security, is guilty of a crime and liable to imprisonment for 2 years.

The term mortgaged goods includes any goods and chattels of any kind, and any live animals, and any progeny of any animals and any fixtures, and any crops or produce of the earth, whether growing or severed, which are subject for the time being to the provisions of any written instrument by which a valid charge or lien is created upon them by way of security for any debt or obligation.

The consent of the mortgagee may be either express or implied from the nature of the property mortgaged.

The shearing of sheep, and the sale and disposal of the wool in the ordinary course of business before default is made and possession taken, or demand for payment made, under the instrument by which the charge or lien is created is not an offence under this section.

[Section 389 amended by No. 51 of 1992 s. 16(2); No. 70 of 2004 s. 34(1).]

390.Fraudulent appropriation of electricity etc.

Any person who fraudulently abstracts or diverts to his own use or to the use of any other person any mechanical, illuminating, or electrical power derived from any machine, apparatus, or substance, the property of another person, is guilty of a crime, and is liable to imprisonment for 3 years.

[Section 390 amended by No. 51 of 1992 s. 16(2).]

390A.Unlawful use of conveyance

(1)In this section —

conveyance does not include a motor vehicle;

use a conveyance, includes —

(a)to take the conveyance for the purpose of using it; and

(b)to assume control of the conveyance in any way.

(2)A person who unlawfully uses a conveyance without the consent of the owner or the person in charge of it is guilty of a crime and is liable —

(a)if during the commission of the offence, a person who is not an accomplice of the offender is in the conveyance, to imprisonment for 10 years;

(b)if immediately before or during or immediately after the commission of the offence, the offender —

(i)is armed with any dangerous or offensive weapon or instrument or pretends to be so armed;

(ii)is in company with another person or persons; or

(iii)does bodily harm to any person,

to imprisonment for 10 years;

(c)in any other case, to imprisonment for 7 years.

Summary conviction penalty in a case to which paragraph (c) applies: imprisonment for 3 years and a fine of $36 000.

[Section 390A inserted by No. 70 of 2004 s. 25.]

[390B.Deleted by No. 70 of 2004 s. 26.]

Chapter XXXVIII — Robbery: Extortion by threats

[Heading amended by No. 23 of 2001 s. 8.]

391.Term used in s. 392 and 393

In sections 392 and 393 —

circumstances of aggravation means circumstances in which —

(a)immediately before or at or immediately after the commission of the offence —

(i)the offender is in company with another person or persons;

(ii)the offender does bodily harm to any person; or

(iii)the offender threatens to kill any person;

or

(b)the person to whom violence is used or threatened is of or over the age of 60 years.

[Section 391 inserted by No. 23 of 2001 s. 9.]

392.Robbery

A person who steals a thing and, immediately before or at the time of or immediately after doing so, uses or threatens to use violence to any person or property in order —

(a)to obtain the thing stolen; or

(b)to prevent or overcome resistance to its being stolen,

is guilty of a crime and is liable —

(c)if immediately before or at or immediately after the commission of the offence the offender is armed with any dangerous or offensive weapon or instrument or pretends to be so armed, to imprisonment for life;

(d)if the offence is committed in circumstances of aggravation, to imprisonment for 20 years; or

(e)in any other case, to imprisonment for 14 years.

Alternative offence: s. 68, 297, 313, 317, 317A, 378 or 393.

[Section 392 inserted by No. 23 of 2001 s. 9; amended by No. 70 of 2004 s. 36(3).]

393.Assault with intent to rob

A person who, with intent to steal a thing, uses or threatens to use violence to any person or property in order —

(a)to obtain the thing intended to be stolen; or

(b)to prevent or overcome resistance to its being stolen,

is guilty of a crime and is liable —

(c)if —

(i)immediately before or at or immediately after the commission of the offence the offender is armed with any dangerous or offensive weapon or instrument or pretends to be so armed; and

(ii)the offence is committed in circumstances of aggravation,

to imprisonment for life;

(d)if —

(i)immediately before or at or immediately after the commission of the offence the offender is armed with any dangerous or offensive weapon or instrument or pretends to be so armed; or

(ii)the offence is committed in circumstances of aggravation,

to imprisonment for 14 years; or

(e)in any other case, to imprisonment for 10 years.

Alternative offence: s. 68, 297, 313, 317 or 317A.

[Section 393 inserted by No. 23 of 2001 s. 9; amended by No. 70 of 2004 s. 36(3).]

[394.Deleted by No. 23 of 2001 s. 9.]

[395.Deleted by No. 36 of 1996 s. 21.]

396.Demanding property with threats with intent to steal

Any person who, with intent to steal anything, demands it from any person with threats of any injury or detriment of any kind to be caused to him, either by the offender or by any other person, if the demand is not complied with, is guilty of a crime, and is liable to imprisonment for 3 years.

[Section 396 amended by No. 51 of 1992 s. 16(2).]

397.Demanding property with threats with intent to extort or gain

Any person who, with intent to extort or gain anything from any person, — 

(1)Knowing the contents of the writing, causes any person to receive any writing demanding anything from, or that anything be procured to be done or omitted to be done by any person, without reasonable cause, and containing threats of any injury or detriment of any kind to be caused to any person, either by the offender or any other person, if the demand is not complied with; or

(2)Orally demands anything from, or that anything be procured to be done or omitted to be done by, any person, without reasonable cause, with threats of any injury or detriment of any kind to be caused to any person, either by the offender or any other person, if the demand is not complied with,

is guilty of a crime, and is liable to imprisonment for 14 years.

Alternative offence: s. 338A or 338B.

The term writing includes any gramophone record, wire, tape, or other thing by which words or sounds are recorded and from which they are capable of being reproduced.

[Section 397 inserted by No. 1 of 1969 s. 3; amended by No. 51 of 1992 s. 16(2); No. 70 of 2004 s. 36(9).]

398.Attempts at extortion by threats

Any person who, with intent to extort or gain anything from any person — 

(1)Accuses or threatens to accuse any person of committing any indictable offence, or of offering or making any solicitation or threat to any person as an inducement to commit or permit the commission of any indictable offence; or

(2)Threatens that any person shall be accused by any other person of any indictable offence or of any such act; or

(3)Knowing the contents of the writing, causes any person to receive any writing containing any such accusation or threat as aforesaid;

is guilty of a crime.

If the accusation or threat of accusation is of — 

(a)An offence for which the punishment of imprisonment for life may be inflicted; or

(b)An offence under Chapter XXII or XXXI, or an attempt to commit such an offence; or

(c)An assault with intent to have carnal knowledge of any person against the order of nature, or an unlawful and indecent assault upon a male person; or

[(d)deleted]

(e)A solicitation or threat offered or made to any person as an inducement to commit or permit the commission of any of the offences aforesaid;

the offender is liable to imprisonment for 20 years.

In any other case the offender is liable to imprisonment for 14 years.

It is immaterial whether the person accused or threatened to be accused has or has not committed the offence or act of which he is accused or threatened to be accused.

[Section 398 amended by No. 118 of 1981 s. 4; No. 52 of 1984 s. 21; No. 74 of 1985 s. 11; No. 101 of 1990 s. 22; No. 14 of 1992 s. 6(6); No. 51 of 1992 s. 16(2).]

399.Procuring execution of deeds etc. by threats

Any person who, with intent to defraud, and by means of any unlawful violence to, or restraint of, the person of another, or by means of any threat of violence or restraint to be used to the person of another, or by means of accusing or threatening to accuse any person of committing any indictable offence, or of offering or making any solicitation or threat to any person as an inducement to commit or permit the commission of an indictable offence, compels or induces any person — 

(a)To execute, make, accept, endorse, alter, or destroy the whole or any part of any valuable security; or

(b)To write, impress, or affix any name or seal upon or to any paper or parchment, in order that it may be afterwards made or converted into or used or dealt with as a valuable security;

is guilty of a crime, and is liable to imprisonment for 14 years.

[Section 399 amended by No. 51 of 1992 s. 16(2).]

[399A.Deleted by No. 4 of 2004 s. 65.]

Chapter XXXIX — Offences in or in respect of buildings etc.

[Heading inserted by No. 37 of 1991 s. 12.]

400.Terms used in this Chapter

(1)In this Chapter — 

circumstances of aggravation means circumstances in which —

(a)immediately before or during or immediately after the commission of the offence the offender — 

(i)is or pretends to be armed with a dangerous or offensive weapon or instrument;

(ii)is or pretends to be in possession of an explosive substance;

(iii)is in company with another person or other persons;

(iv)does bodily harm to any person;

(v)threatens to kill or injure any person; or

(vi)detains any person (within the meaning of section 332(1));

or

(b)immediately before the commission of the offence the offender knew or ought to have known that there was another person (other than a co‑offender) in the place;

place means a building, structure, tent, or conveyance, or a part of a building, structure, tent, or conveyance, and includes — 

(a)a conveyance that at the time of an offence is immovable; or

(b)a place that is from time to time uninhabited or empty of property.

(2)For the purposes of this Chapter a person enters or is in a place as soon as — 

(a)any part of the person’s body; or

(b)any part of anything in the person’s possession or under the person’s control,

is in the place.

(3)For the purposes of this Chapter a person is a repeat offender if it is proved to the satisfaction of the court that the offender — 

(a)committed and was convicted of a relevant offence committed in respect of a place ordinarily used for human habitation; and

(b)subsequent to that conviction again committed and was convicted of a relevant offence committed in respect of such a place,

and it does not matter that the sequence described in paragraphs (a) and (b) has occurred more than once.

(4)For the purposes of subsection (3) — 

(a)a relevant offence is an offence against this Chapter (as enacted at any time) other than an offence against section 407;

(b)a conviction includes a finding or admission of guilt that led to a punishment being imposed on the offender, or an order being made in respect of the offender, whether or not a conviction was recorded; and

(c)a conviction that has been set aside or quashed is to be disregarded.

[Section 400 inserted by No. 37 of 1991 s. 13; amended by No. 60 of 1996 s. 4 5; No. 29 of 1998 s. 6.]

401.Burglary

(1)A person who enters or is in the place of another person, without that other person’s consent, with intent to commit an offence in that place is guilty of a crime and is liable — 

(a)if the offence is committed in circumstances of aggravation, to imprisonment for 20 years;

(b)if the place is ordinarily used for human habitation but the offence is not committed in circumstances of aggravation, to imprisonment for 18 years; or

(c)in any other case, to imprisonment for 14 years.

Summary conviction penalty:

(a)in a case to which paragraph (a) applies where the only circumstance of aggravation is that the offender is in company with another person or other persons — imprisonment for 3 years and a fine of $36 000;

(b)in a case to which paragraph (b) applies — imprisonment for 3 years and a fine of $36 000; or

(c)in a case to which paragraph (c) applies — imprisonment for 2 years and a fine of $24 000.

(2)A person who commits an offence in the place of another person, when in that place without that other person’s consent, is guilty of a crime and is liable — 

(a)if the offence is committed in circumstances of aggravation, to imprisonment for 20 years;

(b)if the place is ordinarily used for human habitation but the offence is not committed in circumstances of aggravation, to imprisonment for 18 years; or

(c)in any other case, to imprisonment for 14 years.

Summary conviction penalty (subject to subsection (3)):

(a)in a case to which paragraph (a) applies where the only circumstance of aggravation is that the offender is in company with another person or other persons — imprisonment for 3 years and a fine of $36 000;

(b)in a case to which paragraph (b) applies — imprisonment for 3 years and a fine of $36 000; or

(c)in a case to which paragraph (c) applies — imprisonment for 2 years and a fine of $24 000.

(3)If the offence committed in the place is an offence against property and the value of the property is more than $10 000 the offence is not to be dealt with summarily.

(4)If a person convicted of an offence against subsection (1) or (2) committed in respect of a place ordinarily used for human habitation was a repeat offender at the time of committing that offence, the court sentencing the person shall sentence the offender — 

(a)to at least 12 months imprisonment notwithstanding any other written law; or

(b)if the offender is a young person (as defined in the Young Offenders Act 1994) either to at least 12 months imprisonment or to a term of at least 12 months detention (as defined in that Act), as the court thinks fit, notwithstanding section 46(5a) of that Act.

(5)A court shall not suspend a term of imprisonment imposed under subsection (4).

(6)Subsection (4)(b) does not prevent a court from making a direction under section 118(4) of the Young Offenders Act 1994 or a special order under Division 9 of Part 7 of that Act.

[Section 401 inserted by No. 60 of 1996 s. 5; amended by No. 4 of 2004 s. 66; No. 70 of 2004 s. 35(4).]

[402‑404.Deleted by No. 37 of 1991 s. 13.]

[405, 406.Deleted by No. 1 of 1969 s. 7.]

407.Persons found armed etc. with intent to commit crime

Any person who is found under any of the circumstances following, that is to say — 

(a)Being armed with any dangerous or offensive weapon or instrument, and being so armed with intent to enter a place, and to commit an offence therein;

[(b)deleted]

(c)Having in his possession by night without lawful excuse, the proof of which lies on him, any instrument of housebreaking;

(d)Having in his possession by day any such instrument with intent to commit an offence; or

(e)Having his face masked or blackened or being otherwise disguised, with intent to commit an offence;

is guilty of a crime, and is liable to imprisonment for 3 years.

Summary conviction penalty: imprisonment for 2 years and a fine of $24 000.

[Section 407 amended by No. 37 of 1991 s. 13(2); No. 51 of 1992 s. 16(2); No. 4 of 2004 s. 67; No. 70 of 2004 s. 35(2); No. 84 of 2004 s. 27(3).]

[407A.Deleted by No. 106 of 1987 s. 17.]

Chapter XL — Fraud

[Heading inserted by No. 101 of 1990 s. 24.]

[408.Deleted by No. 101 of 1990 s. 24.]

409.Fraud

(1)Any person who, with intent to defraud, by deceit or any fraudulent means — 

(a)obtains property from any person;

(b)induces any person to deliver property to another person;

(c)gains a benefit, pecuniary or otherwise, for any person;

(d)causes a detriment, pecuniary or otherwise, to any person;

(e)induces any person to do any act that the person is lawfully entitled to abstain from doing; or

(f)induces any person to abstain from doing any act that the person is lawfully entitled to do,

is guilty of a crime and is liable —

(g)if the person deceived is of or over the age of 60 years, to imprisonment for 10 years; or

(h)in any other case, to imprisonment for 7 years.

Alternative offence: s. 378, 414 or 428.

Summary conviction penalty (subject to subsection (2)):

(a)in a case to which paragraph (g) applies: imprisonment for 3 years and a fine of $36 000; or

(b)in a case to which paragraph (h) applies: imprisonment for 2 years and a fine of $24 000.

(2)If the value of — 

(a)property obtained or delivered; or

(b)a benefit gained or a detriment caused;

is more than $10 000 the charge is not to be dealt with summarily.

(3)It is immaterial that the accused person intended to give value for the property obtained or delivered, or the benefit gained, or the detriment caused.

[Section 409 inserted by No. 101 of 1990 s. 24; amended by No. 36 of 1996 s. 23; No. 23 of 2001 s. 11; No. 70 of 2004 s. 35(4) and 36(3).]

[410‑413.Deleted by No. 101 of 1990 s. 24.]

Chapter XLI — Receiving property stolen or fraudulently obtained and like offences

414.Receiving stolen property etc.

Any person who receives any property which has been obtained by means of any act constituting an indictable offence, or by means of any act done at a place not in Western Australia which if it had been done in Western Australia would have constituted an indictable offence, and which is an offence under the laws in force in the place where it was done, knowing the same to have been so obtained, is guilty of a crime.

Alternative offence: s. 378, 409 or 428.

The offender is liable —

(a)if the court is satisfied as to the act by means of which the property was obtained, to the penalty provided for the offence constituted by that act, or to imprisonment for 14 years, whichever is the lesser;

(b)otherwise, to imprisonment for 14 years.

For the purpose of proving the receiving of anything, it is sufficient to show that the accused person has, either alone or jointly with some other person, had the thing in his possession, or has aided in concealing it or disposing of it.

In this section property as well as having the same meaning as that expression has in section 1 of this Code, includes not only such property as has been originally in the possession or under the control of any person, but also any property into or for which it has been converted or exchanged and anything acquired by the conversion or exchange whether immediately or otherwise.

[Section 414 amended by No. 20 of 1954 s. 3; No. 51 of 1992 s. 10; No. 73 of 1994 s. 4; No. 4 of 2004 s. 68; No. 70 of 2004 s. 36(10).]

415.Receiving after change of ownership

When a thing has been obtained by means of any act constituting an indictable offence, or by means of an act done at a place not in Western Australia, which if it had been done in Western Australia would have constituted an indictable offence, and which is an offence under the laws in force in the place where it was done, and another person has acquired a lawful title to it, a subsequent receiving of the thing is not an offence although the receiver knows that the thing had previously been so obtained.

416.Taking reward for recovery of property obtained by means of indictable offences

Any person who corruptly receives or obtains, or corruptly agrees to receive or obtain, any property or benefit of any kind upon an agreement or understanding that he will help any person to recover anything which has been obtained by means of any act constituting an indictable offence, or by means of any act done at a place not in Western Australia which if it had been done in Western Australia would have constituted an indictable offence, and which is an offence under the laws in force in the place where it was done, is, unless he has used all due diligence to cause the offender to be brought to trial for the offence, guilty of a crime, and is liable to imprisonment for 7 years.

[Section 416 amended by No. 51 of 1992 s. 16(2).]

Chapter XLII — Frauds by trustees and officers of companies and corporations: False accounting

[417.Deleted by No. 101 of 1990 s. 25.]

418.False statement relating to companies

Any person who signs any memorandum of association, or any statement, abstract, or document, required by any Act or law relating to companies, containing any particulars false to the knowledge of such person, is guilty of a crime, and is liable to imprisonment for one year and a fine of $12 000.

[Section 418 amended by No. 113 of 1965 s. 8(1); No. 10 of 1982 s. 28; No. 51 of 1992 s. 16(2); No. 70 of 2004 s. 34(1) and 35(4).]

419. Fraud by company directors etc. as to accounts

Any person who — 

(1)Being a director or officer of a corporation or company, receives or possesses himself as such of any of the property of the corporation or company otherwise than in payment of a just debt or demand, and, with intent to defraud, omits either to make a full and true entry thereof in the books and accounts of the corporation or company, or to cause or direct such an entry to be made therein; or

(2)Being a director, officer, or member of a corporation or company, does any of the following acts with intent to defraud, that is to say —

(a)Destroys, alters, mutilates, or falsifies, any book, document, valuable security, or account, which belongs to the corporation or company, or any entry in any such book, document, or account or is privy to any such act; or

(b)Makes or is privy to making any false entry in any such book, document, or account; or

(c)Omits or is privy to omitting any material particular from any such book, document, or account;

is guilty of a crime, and is liable to imprisonment for 7 years.

[Section 419 amended by No. 119 of 1985 s. 30; No. 51 of 1992 s. 16(2).]

420.False statements by officials of companies

Any person who, being a promoter, director, officer, or auditor of a corporation or company, either existing or intended to be formed, makes, circulates, or publishes, or concurs in making, circulating, or publishing any written statement or account which, in any material particular, is to his knowledge false, with intent thereby to effect any of the purposes following, that is to say — 

(a)To deceive or defraud any member, shareholder, or creditor of the corporation or company, whether a particular person or not;

(b)To induce any person, whether a particular person or not, to become a member of, or to intrust or advance any property to the corporation or company, or to enter into any security for the benefit thereof;

is guilty of a crime, and is liable to imprisonment for 7 years.

[Section 420 amended by No. 119 of 1985 s. 30; No. 51 of 1992 s. 16(2).]

421.False statements by officials of companies with intent to affect price of shares

Any person who, being a director, officer, or agent of a company having its share capital listed for dealings on any stock exchange in Western Australia or elsewhere, wilfully makes or is privy to making in any prospectus, return, report, certificate, account, statement of operations, or prospectus, or other document, any statement relating to the business of the company false in any material particular, knowing it to be false with intent to produce or give or having a tendency to produce or give to the stock or shares of the company a greater or less market value than such stock or shares possess, is guilty of a crime, and is liable to imprisonment for 2 years and a fine of $24 000.

[Section 421 amended by No. 113 of 1965 s. 8(1); No. 101 of 1990 s. 26; No. 51 of 1992 s. 16(2); No. 70 of 2004 s. 34(1) and 35(4).]

422.Defence

It is a defence to a charge of any of the offences hereinbefore in this Chapter defined to prove that the accused person, before being charged with the offence, and in consequence of the compulsory process of a court of justice in an action or proceeding instituted in good faith by a party aggrieved, or in a compulsory examination or deposition before a court of justice, disclosed on oath the act alleged to constitute the offence.

A person is not entitled to refuse to answer any question or interrogatory in any civil proceeding in any court, on the ground that his doing so might tend to show that he had committed any such offence.

[423.Deleted by No. 101 of 1990 s. 25.]

424.Fraudulent falsification of records

Any person who with intent to defraud — 

(a)makes a false entry in any record;

(b)omits to make an entry in any record;

(c)gives any certificate or information which is false in a material particular;

(d)by act or omission falsifies, destroys, alters or damages any record; or

(e)knowingly produces or makes use of any record which is false in a material particular,

is guilty of a crime and is liable to imprisonment for 7 years.

Summary conviction penalty: imprisonment for 2 years and a fine of $24 000.

[Section 424 inserted by No. 101 of 1990 s. 27; amended by No. 70 of 2004 s. 35(2).]

[425.Deleted by No. 101 of 1990 s. 28.]

Chapter XLIII — Summary conviction for stealing and like indictable offences

[Heading amended by No. 106 of 1987 s. 18; No. 37 of 1991 s. 13(3).]

426.Summary conviction penalty for certain stealing and like offences

(1)Subsection (2) applies to the following indictable offences — 

(a)an offence under section 378, 382, 383 or 388 in respect of which the greatest term of imprisonment to which an offender convicted of the offence is liable does not exceed 7 years;

(b)an offence under section 378 to which Item (5)(a), (6), or (7) of that section applies;

[(c)deleted]

(d)attempting to commit, or inciting another person to commit any of the offences mentioned in paragraph (a) or (b);

(e)receiving anything that has been obtained by means of an indictable offence of such a nature, or committed under such circumstances, that the offender who committed the indictable offence might be summarily convicted under this Code.

(2)Summary conviction penalty: for an offence to which this subsection applies where the value of the property in question does not exceed $10 000, unless subsection (4) applies — imprisonment for 2 years and a fine of $24 000.

(3)Summary conviction penalty: for an offence —

(a)under section 378 or 414; or

(b)of attempting to commit, or inciting another person to commit, an offence under section 378 or 414,

where the property in question is a motor vehicle, unless subsection (4) applies — imprisonment for 2 years and a fine of $24 000.

(4)Summary conviction penalty: for an offence —

(a)under section 378, 382, 383, 388 or 414; or

(b)of attempting to commit, or inciting another person to commit, an offence under section 378, 382, 383, 388 or 414,

where the value of the property in question does not exceed $1 000 — a fine of $6 000.

[Section 426 inserted by No. 106 of 1987 s. 19; amended by No. 101 of 1990 s. 29; No. 37 of 1991 s. 19; No. 36 of 1996 s. 24; No. 50 of 2003 s. 51(12); No. 4 of 2004 s. 33; No. 70 of 2004 s. 35(4).]

[426A.Deleted by No. 4 of 2004 s. 34.]

427.Summary conviction penalty for certain offences of a fraudulent nature

Summary conviction penalty: for an offence under section 381, 384, 385, 386, 387, 389 or 390 —

(a)if the offence is punishable on indictment with imprisonment for one year or less — a fine of $6 000;

(b)if the offence is punishable on indictment with imprisonment for over one year but not more than 2 years — imprisonment for 12 months and a fine of $12 000;

(c)if the offence is punishable on indictment with imprisonment for more than 2 years — imprisonment for 2 years and a fine of $24 000.

[Section 427 inserted by No. 4 of 2004 s. 35; amended by No. 70 of 2004 s. 35(4) and (10).]

[427A.Deleted by No. 101 of 1990 s. 32.]

Chapter XLIV — Simple offences analogous to stealing

[Heading inserted by No. 70 of 2004 s. 27.]

428.Possessing stolen or unlawfully obtained property

(1)A person who is in possession of any thing capable of being stolen that is reasonably suspected to be stolen or otherwise unlawfully obtained is guilty of an offence and is liable to imprisonment for 2 years and a fine of $24 000.

(2)It is a defence to a charge of an offence under subsection (1) to prove that at the time the accused was allegedly in possession of the thing, the accused had no reasonable grounds for suspecting that the thing was stolen or unlawfully obtained.

[Section 428 inserted by No. 70 of 2004 s. 28.]

429.Unlawfully using another person’s animal

A person who —

(a)unlawfully uses, or unlawfully takes for the purpose of using, any animal that is the property of another person without the consent of the owner or the person in lawful possession of the animal; or

(b)takes any animal that is the property of another person for the purpose of secreting it or obtaining a reward for the return or pretended finding of it or for any fraudulent purpose,

is guilty of an offence and is liable to imprisonment for 2 years and a fine of $24 000.

[Section 429 inserted by No. 70 of 2004 s. 28.]

[430‑432.Deleted by No. 70 of 2004 s. 28.]

[433.Deleted by No. 4 of 2004 s. 36.]

[434, 435.Deleted by No. 70 of 2004 s. 28.]

436.Unlawful fishing

Any person who unlawfully uses any article or substance for the purpose of taking any aquatic organism that is being reared by aquaculture in a place that is the property of, or under the control of, any person is guilty of a simple offence and is liable to imprisonment for 2 years and a fine of $24 000.

[Section 436 inserted by No. 4 of 2004 s. 69; amended by No. 70 of 2004 s. 35(4).]

437.Unlawfully taking fish etc.

Any person who unlawfully takes or destroys, or attempts to take or destroy, any aquatic organism that is —

(a)being reared by aquaculture in a place that is the property of, or under the control of, any person; or

(b)in any water that is private property or in which there is a private right of fishery,

is guilty of a simple offence and is liable to imprisonment for 2 years and a fine of $24 000.

[Section 437 inserted by No. 4 of 2004 s. 69; amended by No. 70 of 2004 s. 35(4).]

[438.Deleted by No. 119 of 1985 s. 18.]

[439, 440.Deleted by No. 70 of 2004 s. 29.]

Chapter XLIVA — Unauthorised use of computer systems

[Heading inserted by No. 101 of 1990 s. 33.]

440A.Unlawful use of computers

(1)In this section —

computer system includes —

(a)a part of a computer system;

(b)an application of a computer system;

password includes a code, or set of codes, of electronic impulses;

restricted‑access computer system means a computer system in respect of which —

(a)the use of a password is necessary in order to obtain access to information stored in the system or to operate the system in some other way; and

(b)the person who is entitled to control the use of the system —

(i)has withheld knowledge of the password, or the means of producing it, from all other persons; or

(ii)has taken steps to restrict knowledge of the password, or the means of producing it, to a particular authorised person or class of authorised person;

use a computer system means —

(a)to gain access to information stored in the system; or

(b)to operate the system in some other way.

(2)For the purposes of this section a person unlawfully uses a restricted‑access computer system —

(a)if the person uses it when he or she is not properly authorised to do so; or

(b)if the person, being authorised to use it, uses it other than in accordance with his or her authorisation.

(3)A person who unlawfully uses a restricted‑access computer system is guilty of a crime and is liable —

(a)if by doing so the person —

(i)gains a benefit, pecuniary or otherwise, for any person; or

(ii)causes a detriment, pecuniary or otherwise, to any person,

of a value of more than $5 000, to imprisonment for 10 years;

(b)if by doing so the person —

(i)gains or intends to gain a benefit, pecuniary or otherwise, for any person; or

(ii)causes or intends to cause a detriment, pecuniary or otherwise, to any person,

to imprisonment for 5 years;

(c)in any other case, to imprisonment for 2 years.

Summary conviction penalty in a case to which paragraph (c) applies: imprisonment for 12 months and a fine of $12 000.

[Section 440A inserted by No. 70 of 2004 s. 30.]

Division II — Injuries to property

Chapter XLV — Definitions

441.Unlawful acts

(1)An act which causes injury to the property of another, and which is done without his consent, is unlawful unless it is authorised, or justified, or excused by law.

(2)It is immaterial that the person who does the injury is in possession of the property injured, or has a partial interest in it.

(3)A person is not criminally responsible for an act that causes an injury to property if —

(a)the person believes the act is necessary to defend or protect the person, another person or property from injury that the person believes is imminent; and

(b)the act is a reasonable response by the person in the circumstances as the person believes them to be; and

(c)there are reasonable grounds for those beliefs.

[Section 441 amended by No. 29 of 2008 s. 9.]

442.Acts done with intent to defraud

When an act which causes injury to property, and which would be otherwise lawful, is done with intent to defraud any person, it is unlawful.

When an act which causes injury to property is done with intent to defraud any person, it is immaterial that the property in question is the property of the offender himself.

443.Wilfully destroy or damage, meaning of

Where a person does an act or omits to do an act — 

(a)intending to destroy or damage property; or

(b)knowing or believing that the act or omission is likely to result in the destruction of or damage to property,

and the act or omission results in the destruction of or damage to property, the person is regarded for the purposes of this division as having wilfully destroyed or damaged property.

[Section 443 inserted by No. 101 of 1990 s. 34.]

Chapter XLVI — Offences

444.Criminal damage

Any person who wilfully and unlawfully destroys or damages any property is guilty of a crime and is liable —

(a)if the property is destroyed or damaged by fire, to imprisonment for 14 years or, if the offence is committed in circumstances of racial aggravation, to imprisonment for 20 years; or

(b)if the property is not destroyed or damaged by fire, to imprisonment for 10 years or, if the offence is committed in circumstances of racial aggravation, to imprisonment for 14 years.

Alternative offence: s. 445.

Summary conviction penalty: for an offence where —

(a)the property is not destroyed or damaged by fire; and

(b)the amount of the injury done does not exceed $25 000,

imprisonment for 3 years and a fine of $36 000.

[Section 444 inserted by No. 4 of 2004 s. 37; amended by No. 70 of 2004 s. 35(4) and 36(3); No. 80 of 2004 s. 11.]

445.Damaging property

A person who unlawfully destroys or damages the property of another person without that other person’s consent is guilty of an offence and is liable to imprisonment for 12 months and a fine of $12 000.

[Section 445 inserted by No. 70 of 2004 s. 31.]

446.Costs of cleaning graffiti

(1)In this section —

offender means a person who is guilty of an offence under section 444 or 445 where the damage consists of —

(a)graffiti that are visible to the public; or

(b)graffiti applied to public property;

public property means property owned by, vested in, or under the control or management of —

(a)the State;

(b)the Crown, or an agent or instrumentality of the Crown;

(c)a body corporate established by a written law; or

(d)a local government or regional local government.

(2)A court convicting an offender may order the offender to pay to any person who has obliterated the graffiti, or caused it to be obliterated, a reasonable amount for doing so.

(3)Such an order is in addition to any penalty imposed for the offence and may be in addition to a compensation order made under Part 16 of the Sentencing Act 1995.

[Section 446 inserted by No. 70 of 2004 s. 31.]

[447.Deleted by No. 101 of 1990 s. 35.]

[448.Deleted by No. 106 of 1987 s. 14(5).]

449.Casting away ships

Any person who — 

(1)Wilfully and unlawfully casts away or destroys any vessel, whether complete or not; or

(2)Wilfully and unlawfully does any act which tends to the immediate loss or destruction of a vessel in distress; or

(3)With intent to bring a vessel into danger interferes with any light, beacon, mark, or signal, used for purposes of navigation, or for the guidance of seamen, or exhibits any false light or signal;

is guilty of a crime, and is liable to imprisonment for 20 years.

[Section 449 amended by No. 118 of 1981 s. 4; No. 51 of 1992 s. 16(2).]

[450.Deleted by No. 106 of 1987 s. 14(5).]

451.Obstructing and injuring railways

Any person who unlawfully, and with intent to obstruct the use of a railway or to injure any property upon a railway — 

(1)Deals with the railway or with anything whatever on or near the railway in such a manner as to endanger the free and safe use of the railway; or

(2)Unlawfully shows any light or signal, or deals with any existing light or signal upon or near the railway; or

(3)By any omission to do any act which it is his duty to do causes the free and safe use of the railway to be endangered;

is guilty of a crime, and is liable to imprisonment for 20 years.

[Section 451 amended by No. 118 of 1981 s. 4; No. 51 of 1992 s. 16(2).]

451A.Endangering the safe use of an aircraft

(1)Any person who with intent to prejudice the safe use of an aircraft or to injure any property on board an aircraft — 

(a)deals with the aircraft or with anything whatever on board or near the aircraft or with anything whatever either directly or indirectly connected with the navigation, control or operation of the aircraft in such a manner as to endanger the free and safe use of the aircraft; or

(b)by any omission to do any act that it is his duty to do causes the free and safe use of the aircraft to be endangered,

is guilty of a crime and is liable to imprisonment for 20 years.

(2)Any person who while on board an aircraft does any act or makes any omission whereby to his knowledge the safety of the aircraft is or is likely to be endangered is guilty of a crime and is liable to imprisonment for 7 years.

[Section 451A inserted by No. 53 of 1964 s. 9; amended by No. 118 of 1981 s. 4; No. 51 of 1992 s. 16(2).]

451B.Unlawfully interfering with aircraft

Any person who unlawfully interferes with the mechanism or parts of any aircraft is guilty of a crime and is liable to imprisonment for 5 years.

[Section 451B inserted by No. 41 of 1972 s. 5; amended by No. 51 of 1992 s. 16(2).]

[452, 453.Deleted by No. 101 of 1990 s. 36.]

454.Causing explosion likely to do serious injury to property

Any person who wilfully and unlawfully causes by any explosive substance, an explosion of a nature likely to cause serious injury to property, whether any injury to property has been actually caused or not, is guilty of a crime, and is liable to imprisonment for 20 years.

[Section 454 amended by No. 118 of 1981 s. 4; No. 51 of 1992 s. 16(2).]

455.Attempting to cause explosion likely to do serious injury to property

Any person who wilfully and unlawfully — 

(1)Does any act with intent to cause by an explosive substance, or conspires to cause by an explosive substance, an explosion in Western Australia of a nature likely to cause serious injury to property; or

(2)Makes or has in his possession or under his control, any explosive substance with intent by means thereof to cause serious injury to property in Western Australia, or to enable any other person by means thereof to cause serious injury to property in Western Australia; or

(3)Puts any explosive substance in any place whatever with intent to destroy or damage any property,

whether any explosion does or does not take place, and whether any injury to property has been actually caused or not, is guilty of a crime, and is liable to imprisonment for 14 years, and to forfeiture of the explosive substance.

The term explosive substance in this section includes any materials for making any explosive substance; also any apparatus, machine, implement, or materials, used or intended to be used or adapted for causing or aiding in causing, any explosion in or with any explosive substance; also any part of any such apparatus, machine, or implement.

[Section 455 amended by No. 51 of 1992 s. 16(2).]

456.Attempts to injure mines

Any person who, with intent to injure a mine or to obstruct the working of a mine — 

(1)Unlawfully, and otherwise than by an act done underground in the course of working an adjoining mine, — 

(a)Causes water to run into the mine or into any subterranean passage communicating with the mine; or

(b)Obstructs any shaft or passage of the mine;

or

(2)Unlawfully obstructs the working of any machine, appliance, or apparatus, appertaining to or used with the mine, whether the thing in question is completed or not; or

(3)Unlawfully, and with intent to render it useless, injures or unfastens a rope, chain, or tackle, of whatever material which is used in the mine or upon any way or work appertaining to or used with the mine;

is guilty of a crime, and is liable to imprisonment for 7 years.

[Section 456 amended by No. 51 of 1992 s. 16(2).]

457.Interfering with marine signals

Any person who wilfully and unlawfully removes, defaces, or renders invisible, any light, beacon, buoy, mark, or signal, used for purposes of navigation, or for the guidance of seamen, or unlawfully attempts to remove, deface, or render invisible, any such thing, is guilty of a crime, and is liable to imprisonment for 7 years.

[Section 457 amended by No. 51 of 1992 s. 16(2).]

458.Interfering with navigation works

Any person who — 

(1)Wilfully and unlawfully removes or disturbs any fixed object or materials used for securing a bank or wall of the sea, or of a river, canal, aqueduct, reservoir, or inland water, or for securing any work which appertains to a port, harbour, dock, canal, aqueduct, reservoir, or inland water, or which is used for purposes of navigation, or lading or unlading goods; or

(2)Unlawfully does any act with intent to obstruct the carrying on, completion, or maintenance, of the navigation of a navigable river or canal, and thereby obstructs such carrying on, completion or maintenance;

is guilty of a crime, and is liable to imprisonment for 7 years.

[Section 458 amended by No. 51 of 1992 s. 16(2).]

459.Communicating infectious diseases to animals

Any person who wilfully and unlawfully causes or is concerned in causing, or attempts to cause, any infectious disease to be communicated to or among any animal or animals capable of being stolen, is guilty of a crime, and is liable to imprisonment for 7 years.

[Section 459 amended by No. 51 of 1992 s. 16(2).]

460.Travelling with infected animals

Any person who causes any four‑footed animal which is infected with an infectious disease to travel, or, being the owner or one of 2 or more joint owners of any four‑footed animal which is infected with an infectious disease, permits or connives at the travelling of any such animal, contrary to the provisions of any statute relating to infected animals of that kind, is guilty of a crime, and is liable to imprisonment for 2 years.

[Section 460 amended by No. 70 of 2004 s. 34(1).]

461.Removing boundary marks

Any person who, wilfully and unlawfully and with intent to defraud, removes or defaces any object or mark which has been lawfully erected or made as an indication of the boundary of any land, is guilty of a crime, and is liable to imprisonment for 3 years.

[Section 461 amended by No. 51 of 1992 s. 16(2); No. 70 of 2004 s. 34(1).]

462.Obstructing railways

Any person who, by any unlawful act, or by any intentional omission to do any act which it is his duty to do, causes any engine or vehicle in use upon a railway to be obstructed in its passage on the railway, is guilty of a crime, and is liable to imprisonment for 2 years.

[Section 462 amended by No. 51 of 1992 s. 16(2); No. 70 of 2004 s. 34(1).]

[463‑463B.Deleted by No. 101 of 1990 s. 37.]

[464.Deleted by No. 119 of 1985 s. 19.]

[Chapter XLVII:
s. 465, 466 deleted by No. 4 of 2004 s. 38;
s. 467 deleted by No. 78 of 1995 s. 26;
s. 468 deleted by No. 1 of 1969 s. 16.]

Division III — Forgery and like offences: Personation

[Chapter XLVIII (s. 469‑472) deleted by No. 101 of 1990 s. 40.]

Chapter XLIX — Forgery and uttering

[Heading inserted by No. 101 of 1990 s. 41.]

473.Forgery and uttering

(1)Any person who with intent to defraud — 

(a)forges a record; or

(b)utters a forged record,

is guilty of a crime and is liable to imprisonment for 7 years.

Summary conviction penalty: imprisonment for 2 years and a fine of $24 000.

(2)It is immaterial that the record is incomplete or that it is not, or does not purport to be, binding in law.

(3)A court that convicts a person of an offence under this section may make an order for the forfeiture to the State, or the destruction or disposal, of any record in respect of which the offence was committed.

[Section 473 inserted by No. 101 of 1990 s. 41; amended by No. 70 of 2004 s. 35(2); No. 59 of 2006 s. 24.]

474.Preparation for forgery etc.

(1)Any person who makes, adapts or knowingly has possession of any thing under such circumstances as to give rise to a reasonable suspicion that it has been, or is being, made, adapted or possessed for a purpose that is unlawful under section 473 is guilty of a crime and is liable to imprisonment for 3 years.

Summary conviction penalty: imprisonment for 18 months and a fine of $18 000.

(2)If a person is convicted of an offence under this section the court may make an order for the forfeiture to the Crown, or the destruction or disposal, of the thing in respect of which the offence was committed.

[Section 474 inserted by No. 29 of 1998 s. 4; amended by No. 70 of 2004 s. 35(11).]

[475‑487.Deleted by No. 101 of 1990 s. 41.]

Chapter L — False representations as to status

[Heading inserted by No. 101 of 1990 s. 41.]

488.Procuring or claiming unauthorised status

Any person who — 

(a)by any false representation procures any authority authorised by any written law to issue certificates testifying that the holders thereof are entitled to any right or privilege, or to enjoy any rank or status, to issue to himself or any other person such a certificate;

(b)falsely represents to any person that he has obtained such a certificate;

(c)by any false representation procures himself or any other person to be registered on any register kept by lawful authority as a person entitled to such a certificate, or as a person entitled to any right or privilege, or to enjoy any rank or status; or

(d)falsely advertises or publishes himself as having obtained such a certificate, or as having been so registered,

is guilty of a crime, and is liable to imprisonment for 3 years.

Summary conviction penalty: imprisonment for 12 months and a fine of $12 000.

[Section 488 inserted by No. 101 of 1990 s. 41; amended by No. 70 of 2004 s. 35(1).]

[489‑493.Deleted by No. 101 of 1990 s. 41.]

[Chapters LI (s. 494‑495) and LII (s. 496‑509) deleted by No. 101 of 1990 s. 42.]

Chapter LIII — Personation

510.Personation in general

Any person who, with intent to defraud any person, falsely represents himself to be some other person living or dead, is guilty of an offence which unless otherwise stated, is a crime; and he is liable to imprisonment for 3 years.

If the representation is that the offender is a person entitled by will or operation of law to any specific property, and he commits the offence with intent to obtain such property, or possession thereof, he is guilty of a crime, and is liable to imprisonment for 14 years.

[Section 510 amended by No. 51 of 1992 s. 16(2); No. 70 of 2004 s. 34(1).]

511.Personation of owner of shares

Any person who falsely and deceitfully personates any owner of any share or interest in any company, or of any share certificate or coupon issued under any Act or law relating to companies, and thereby obtains, or endeavours to obtain any such share or interest, or share certificate or coupon or receives or endeavours to receive any money due to any such owner, as if the offender were the true and lawful owner, is guilty of a crime, and is liable to imprisonment for 20 years.

[Section 511 amended by No. 118 of 1981 s. 4; No. 10 of 1982 s. 28; No. 51 of 1992 s. 16(2).]

512.Falsely acknowledging deeds, recognizances etc.

Any person who, without lawful authority or excuse, the proof of which lies on him, makes, in the name of any other person, before any court or person lawfully authorised to take such an acknowledgement, an acknowledgement of liability of any kind, or an acknowledgement of a deed or other instrument, is guilty of a crime, and is liable to imprisonment for 7 years.

Summary conviction penalty: imprisonment for 2 years and a fine of $24 000.

[Section 512 amended by No. 51 of 1992 s. 16(2); No. 36 of 1996 s. 27; No. 70 of 2004 s. 35(2).]

513.Personation of a person named in a certificate

Any person who utters any document which has been issued by lawful authority to another person, and whereby that other person is certified to be a person possessed of any qualification recognized by law for any purpose, or to be the holder of any office, or to be entitled to exercise any profession, trade, or business, or to be entitled to any right or privilege, or to enjoy any rank or status, and falsely represents himself to be the person named in the document, is guilty of an offence of the same kind, and is liable to the same punishment as if he had forged the document.

514.Lending certificate for personation

Any person who, being a person to whom any document has been issued by lawful authority, whereby he is certified to be a person possessed of any qualification recognized by law for any purpose, or to be the holder of any office, or to be entitled to exercise any profession, trade, or business, or to be entitled to any right or privilege, or to enjoy any rank or status, lends the document to another person with intent that that other may represent himself to be the person named therein, is guilty of a crime, and is liable to imprisonment for 3 years.

Summary conviction penalty: imprisonment for 18 months and a fine of $18 000.

[Section 514 amended by No. 51 of 1992 s. 16(2); No. 36 of 1996 s. 28; No. 70 of 2004 s. 34(1) and 35(11).]

Division IV — Offences connected with trade and breach of contract, and corruption of agents, trustees, and others

Chapter LIV — Fraudulent debtors

[515‑526.Deleted by No. 51 of 1992 s. 11.]

527.Fraudulent dealing by judgment debtors

(1)Any person who, with intent to defraud the person’s creditors or any of them, conceals or removes any property — 

(a)before a judgment or order for payment of money is obtained against the person; or

(b)while a judgment or order for payment of money obtained against the person remains unsatisfied,

is guilty of a crime, and is liable to imprisonment for 7 years.

Summary conviction penalty (subject to subsection (2)): imprisonment for 2 years and a fine of $24 000.

(2)If the value of the property concealed or removed is more than $10 000 the charge is not to be dealt with summarily.

[Section 527 inserted by No. 51 of 1992 s. 12; amended by No. 36 of 1996 s. 29; No. 70 of 2004 s. 35(12).]

[528.Deleted by No. 51 of 1992 s. 11.]

Chapter LV — Corruption of agents, trustees, and others in whom confidence is reposed

529.Receipt or solicitation of secret commission by an agent

If any agent corruptly receives or solicits from any person, for himself or for any other person, any valuable consideration — 

(a)as an inducement or reward for, or otherwise on account of, doing or forbearing to do or having done or forborne to do any act in relation to his principal’s affairs or business; or

(b)the receipt or any expectation of which would in any way tend to influence him to show or to forbear to show favour or disfavour to any person in relation to his principal’s affairs or business,

he shall be guilty of a crime.

[Section 529 amended by No. 101 of 1990 s. 43.]

530.Gift or offer of secret commission to an agent

If any person corruptly gives or offers to any agent any valuable consideration — 

(a)as an inducement or reward for, or otherwise on account of, doing or forbearing to do or having done or forborne to do any act in relation to his principal’s affairs or business; or

(b)the receipt or any expectation of which would in any way tend to influence him to show or forbear to show favour or disfavour to any person in relation to his principal’s affairs or business,

he shall be guilty of a crime.

[Section 530 amended by No. 101 of 1990 s. 43.]

531.Secret gifts to parent etc. of agent deemed gifts to agent

(1)Any valuable consideration given or offered to any parent, husband, wife, de facto partner, or child of any agent, or to his partner, clerk or employee, or at the agent’s request to any person by any person having business relations with the principal of such agent, shall be deemed to have been given or offered to the agent.

(2)Any valuable consideration received or solicited by any parent, husband, wife, de facto partner, or child of any agent, or by his partner, clerk, or employee, from any person having business relations with the principal of such agent shall be deemed to have been received or solicited by the agent, unless it be proved that the valuable consideration was so received or solicited without the consent, knowledge, or privity of the agent.

[Section 531 amended by No. 28 of 2003 s. 33.]

532.Giving to agent false or misleading receipt or account

If, with intent to deceive or defraud the principal, any person gives to any agent, or if any agent receives or uses or gives to the principal, any receipt, invoice, account, or document in respect of which or in relation to a dealing, transaction, or matter in which the principal is interested and which — 

(a)contains any statement which is false or erroneous or defective in any important particular, or is in any way likely to mislead the principal; or

(b)omits to state explicitly and fully the fact of any commission, percentage, bonus, discount, rebate, repayment, gratuity, or deduction having been made, given, or allowed or agreed to be made, given, or allowed,

he shall be guilty of a crime.

[Section 532 amended by No. 101 of 1990 s. 43.]

533.Gift or receipt of secret commission in return for advice given

Whenever any advice is given by one person to another, and such advice is in any way likely or intended to induce or influence the person advised — 

(a)to enter into a contract with any third person; or

(b)to appoint or join with another in appointing, or to vote for or to aid in obtaining the election or appointment, or to authorise or join with another in authorising the appointment, of any third person as trustee,

and any valuable consideration is given by such third person to the person giving the advice without the assent of the person advised, the gift or receipt of the valuable consideration shall be a crime, but this section shall not apply when the person giving the advice was, to the knowledge of the person advised, the agent of such third person, or when the valuable consideration was not given in respect of such advice.

[Section 533 amended by No. 101 of 1990 s. 43.]

534.Offer or solicitation of secret commission in return for advice given

Any offer or solicitation of a valuable consideration in respect of any advice given or to be given by one person to another with a view to induce or influence the person advised — 

(a)to enter into a contract with the person offering or solicited; or

(b)to appoint or join with another in appointing, or to vote for or to aid in obtaining the election or appointment, or to authorise or join with another in authorising the appointment, of the person offering or solicited as trustee,

and with the intent that the gift or receipt of such valuable consideration is not to be made known to the person advised, shall be a crime, but this section shall not apply when such first‑mentioned person is the agent of the person offering or solicited.

[Section 534 amended by No. 101 of 1990 s. 43.]

535.Secret commission to trustee in return for substituted appointment

If any person offers or gives any valuable consideration to a trustee, or if any trustee receives or solicits any valuable consideration for himself or for any other person, without the assent of the persons beneficially entitled to the estate, or of a Judge of the Supreme Court, as an inducement or reward for appointing or having appointed or for joining or having joined with another in appointing, or for authorising or having authorised or for joining or having joined with another in authorising any person to be appointed in his stead or instead of him and any other person as trustee he shall be guilty of a crime.

[Section 535 amended by No. 101 of 1990 s. 43.]

536.Aiding etc. Chapter LV offences within or outside Western Australia

Any person who, being within Western Australia, knowingly aids, abets, counsels, or procures, or who attempts or takes part in or is in any way privy to — 

(a)doing any act or thing in contravention of this Chapter;

(b)doing any act or thing outside Western Australia, or partly within and partly outside Western Australia, which if done within Western Australia, would be in contravention of this Chapter;

shall be guilty of a crime.

[Section 536 amended by No. 101 of 1990 s. 43.]

537.Liability of directors etc. acting without authority

Any director, manager, or officer of a company, or any person acting for another, who knowingly takes part in or is in any way privy to doing or who attempts to do any act or thing without authority which, if authorised, would be in contravention of any of the provisions of this Chapter shall be guilty of a crime.

[Section 537 amended by No. 101 of 1990 s. 43.]

538.Penalty for Chapter LV offences

Any person, on conviction of a crime under any of the provisions of this Chapter, shall — 

(a)be liable, in the case of a corporation, to a fine of $250 000 and in any other case to imprisonment for 7 years; and

(b)in addition, be liable to be ordered to pay to such person, and in such manner as the court directs, the amount or value, according to the estimation of the court, of any valuable consideration received or given by him or any part thereof; and such order shall be enforceable in the same manner as a judgment of the court.

[Section 538 amended by No. 113 of 1965 s. 8(1); No. 101 of 1990 s. 43 and 44.]

539.Court may order withdrawal of trifling or technical cases

Upon the trial of a person for any offence under this Chapter, if it appears to the court that the offence charged is in the particular case of a trifling or merely technical nature, or that in the particular circumstances it is inexpedient to proceed to a conviction, the court may in its discretion, and for reasons stated on the application of the accused, withdraw the case from the jury, and this shall have the same force and effect as if the jury had returned a verdict of not guilty, except that the court may, if it think fit, make the order mentioned in the last preceding section.

540.Protection of witness giving answers criminating himself

A person who is called as a witness in any proceedings before a court shall not be excused from answering any question relating to any offence under this Chapter on the ground that the answer thereto may criminate or tend to criminate him:

Provided that — 

(a)a witness who, in the judgment of the court, answers truly all questions which he is required by the court to answer shall be entitled to receive a certificate from the court stating that such witness has so answered; and

(b)an answer by a person to a question put by or before the court in any proceeding under this Chapter shall not, except in the case of any criminal proceedings for perjury in respect of such evidence, be in any proceeding civil or criminal admissible in evidence against him.

[Section 540 amended by No. 59 of 2004 s. 80.]

541.Stay of proceedings against such witness

When a person has received a certificate as aforesaid, and any criminal proceeding is at any time instituted against him in respect of the offence which was in question in the proceeding in which the said person was called as a witness, the court dealing with the case shall, on proof of the certificate and of the identity of the offence in question in the 2 cases, stay the proceedings.

[Section 541 amended by No. 59 of 2004 s. 80.]

542.Custom of itself no defence

In any prosecution under this Chapter it shall not amount to a defence to show that any such valuable consideration as is mentioned in this Chapter is customary in any trade or calling.

543.Burden of proof that gift not secret commission

For the purposes of this Chapter, where it is shown that any valuable consideration has been received or solicited by an agent from or given or offered to any agent by any person having business relations with the principal, without the assent of the principal, the burden of proving that such valuable consideration was not received, solicited, given, or offered in contravention of any of the provisions of this Chapter shall be on the accused.

[544.Deleted by No. 101 of 1990 s. 45.]

[545.Deleted by No. 101 of 1990 s. 46.]

546.Terms used in this Chapter

In the construction of this Chapter, the following provisions shall apply — 

(1)The word agent shall include any corporation or other person acting or having been acting or desirous or intending to act for or on behalf of any corporation or other person, whether as agent, partner, co‑owner, clerk, servant, employee, banker, broker, auctioneer, architect, clerk of works, engineer, solicitor, surveyor, buyer, salesman, foreman, trustee, executor, administrator, liquidator, trustee in bankruptcy or of a personal insolvency agreement, receiver, director, manager or other officer or member of committee or governing body of any corporation, club, partnership, or association, or in any other capacity, either alone or jointly with any other person, and whether in his own name or in the name of his principal, or otherwise; and a person serving under the Crown is an agent within the meaning of this Chapter:

(2)The word principal shall include a corporation or other person for or on behalf of whom the agent acts, has acted, or is desirous or intending to act:

(3)The word trustee shall include trustee, executor, administrator, liquidator, trustee in bankruptcy or of a personal insolvency agreement, receiver, director, committee of the estate of an insane person having power to appoint a trustee or person entitled to obtain probate of the will or letters of administration to the estate of a deceased person:

(4)The words valuable consideration shall include any money, loan, office, place, employment, agreement to give employment, benefit, or advantage whatsoever, and any commission or rebate, deduction, or percentage, bonus, or discount, or any forbearance to demand any money or money’s worth or valuable thing; and the acceptance of any of the said things shall be deemed the receipt of a valuable consideration:

(5)The words valuable consideration, when used in connection with the offer thereof, shall include any offer of any agreement or promise to give, and every holding out of any expectation of valuable consideration:

(6)The words valuable consideration, when used in connection with the receipt thereof, shall include any acceptance of any agreement, promise, or offer to give, and of any holding out of any expectation of valuable consideration:

(7)The word contract shall include contract of sale or of employment or any other contract whatever:

(8)Any act or thing prohibited by this Chapter is prohibited whether done directly or indirectly by the person mentioned or by or through any other person:

(9)The words solicit any valuable consideration, and valuable consideration solicited, and words to the like effect shall be construed with the following direction, namely: — That every agent who shall divert, obstruct, or interfere with the proper course of business or manufacture, or shall impede or obstruct, or shall fail to use due diligence in the prosecution of any negotiation or business with the intent to obtain the gift of any valuable consideration from any person interested in the said negotiation or business or with intent to injure any such person shall be deemed to have solicited a valuable consideration from a person having business relations with the principal of such agent:

(10)The words person having business relations with the principal shall include every corporation or other person, whether as principal or agent, carrying on or having carried on or desirous or intending to carry on any negotiation or business with or engaged or having been engaged or desirous or intending to be engaged in the performance of any contract with or in the execution of any work or business for or in the supply of any goods or chattels to any principal, and shall also include any agent of such corporation or other person:

(11)The words in relation to his principal’s affairs or business shall imply the additional words “whether within the scope of his authority or course of his employment as agent or not”: and

(12)The words advice given and words to the like effect shall include every report, certificate, statement, and suggestion intended to influence the person to whom the same may be made or given, and every influence exercised by one person over another.

[Section 546 amended by No. 18 of 2009 s. 26.]

Chapter LVI — Other offences

547.Concealment by officers of companies on reduction of capital

Any person who, being a director or officer of a joint stock company, the capital of which is proposed to be reduced — 

(1)Conceals the name of any creditor of the company who is entitled to object to the proposed reduction; or

(2)Knowingly misrepresents the nature or amount of the debt or claim of any creditor of the company; or

(3)Is privy to any such concealment or misrepresentation as aforesaid;

is guilty of a crime, and is liable to imprisonment for 3 years.

[Section 547 amended by No. 51 of 1992 s. 16(2); No. 70 of 2004 s. 34(1).]

548.Falsification of books of companies

Any person who, being a director, officer, or contributory of a company which is in course of being wound up, under the provisions of the laws relating to companies, does any of the following acts with intent to deceive or defraud, or to cause or enable another person to deceive or defraud, that is to say — 

(1)Conceals, destroys, alters, mutilates, or falsifies any book, document, valuable security, or account relating to the affairs of the company, or any entry in any such book, document, or account, or is privy to any such act; or

(2)Makes or is privy to making any false entry in any book, document, or account, belonging to the company;

is guilty of a crime, and is liable to imprisonment for 2 years.

[Section 548 amended by No. 10 of 1982 s. 28; No. 51 of 1992 s. 16(2); No. 70 of 2004 s. 34(1).]

549.Mixing uncertified with certified articles

When a mark has been attached to any article, or a certificate has been given with respect to any article, under the authority of any statute, for the purpose of denoting the quality of the article, or the fact that it has been examined or approved by or under the authority of some public body or public officer, any person who mixes with the article so marked or certified any other article which has not been so examined or approved, is guilty of a crime, and is liable to imprisonment for 3 years.

Summary conviction penalty: imprisonment for 12 months and a fine of $12 000.

[Section 549 amended by No. 51 of 1992 s. 16(2); No. 36 of 1996 s. 30; No. 70 of 2004 s. 34(1) and 35(1).]

[550, 551.Deleted by No. 82 of 1994 s. 9(2).]

Part VII — Preparation to commit offences: Conspiracy: Accessories after the fact

Chapter LVII — Attempts and preparation to commit offences

552.Attempts to commit indictable offences

(1)Any person who attempts to commit an indictable offence (the principal offence) is guilty of a crime.

(2)A person guilty of a crime under subsection (1) is liable —

(a)if the principal offence is punishable on indictment with imprisonment for life — to imprisonment for 14 years;

(b)in any other case — to half of the penalty with which the principal offence is punishable on indictment.

Summary conviction penalty: for an offence where the principal offence may be dealt with summarily, the lesser of —

(a)the penalty with which the principal offence is punishable on summary conviction; or

(b)the penalty that is half of the penalty with which the principal offence is punishable on indictment.

(3)The summary conviction penalty in subsection (2) does not apply to an offence to which section 426 applies.

[Section 552 inserted by No. 4 of 2004 s. 39; amended by No. 70 of 2004 s. 34(2) and (3).]

553.Incitement to commit indictable offences

(1)Any person who, intending that an indictable offence (the principal offence) be committed, incites another person to commit the principal offence, is guilty of a crime.

(2)A person guilty of a crime under subsection (1) is liable —

(a)if the principal offence is punishable on indictment with imprisonment for life — to imprisonment for 14 years;

(b)in any other case — to half of the penalty with which the principal offence is punishable on indictment.

Summary conviction penalty: for an offence where the principal offence may be dealt with summarily, the lesser of —

(a)the penalty with which the principal offence is punishable on summary conviction; or

(b)the penalty that is half of the penalty with which the principal offence is punishable on indictment.

(3)The summary conviction penalty in subsection (2) does not apply to an offence to which section 426 applies.

[Section 553 inserted by No. 4 of 2004 s. 40; amended by No. 70 of 2004 s. 34(4) and (5).]

[554, 555.Deleted by No. 4 of 2004 s. 41.]

555A.Attempts and incitement to commit simple offences under this Code

(1)Any person who attempts to commit a simple offence under this Code is guilty of a simple offence and is liable to the punishment to which a person convicted of the first‑mentioned offence is liable.

(2)Any person who, intending that a simple offence under this Code be committed, incites another person to commit the offence, is guilty of a simple offence and is liable to the punishment to which a person convicted of the first‑mentioned offence is liable.

(3)A prosecution for an offence under subsection (1) or (2) may be commenced at any time if the offence alleged to have been attempted or incited is one for which prosecutions may be commenced at any time.

[Section 555A inserted by No. 101 of 1990 s. 47.]

556.Attempts to procure commission of criminal acts

Any person who attempts to procure another to do any act or make any omission, whether in Western Australia or elsewhere, of such a nature that, if the act were done or the omission were made, an offence would thereby be committed under the laws of Western Australia, or the laws in force in the place where the act or omission is proposed to be done or made, whether by himself or by that other person, is guilty of an offence of the same kind, and is liable to the same punishment as if he had himself attempted to do the same act or make the same omission in Western Australia.

Provided that if the act or omission is proposed to be done or made at a place not in Western Australia, the punishment cannot exceed that which he would have incurred under the laws in force where the act or omission was proposed to be done or made, if he had himself attempted to do the proposed act or make the proposed omission.

Provided also, that in the last‑mentioned case, a prosecution cannot be instituted except at the request of the Government of the State having jurisdiction in the place where the act or omission was proposed to be done or made.

557.Making or possession of explosives under suspicious circumstances

(1)Any person who makes, or knowingly has in his possession or under his control, any dangerous or explosive substance under such circumstances as to give rise to a reasonable suspicion that he is not making it, or does not have it in his possession or under his control for a lawful object, unless he can show that he made it, or had it in his possession or under his control for a lawful purpose, is guilty of a crime, and is liable to imprisonment for 14 years, and forfeiture of the dangerous or explosive substance.

Summary conviction penalty: imprisonment for 3 years and a fine of $36 000.

(2)In this section explosive substance includes any materials for making any explosive substance; also any apparatus, machine, implement, or materials used or intended to be used or adapted for causing or aiding in causing any explosion in or with any explosive substance; also any part of any such apparatus, machine, or implement.

[Section 557 amended by No. 51 of 1992 s. 16(2); No. 70 of 2004 s. 32.]

Chapter LVIIA — Offences to do with preparing to commit offences

[Heading inserted by No. 70 of 2004 s. 33.]

557A.Presumptions

A person is presumed to have an intention referred to in this Chapter in relation to a thing in the person’s possession if —

(a)the person is in possession of the thing in circumstances that give rise to a reasonable suspicion that the person has the intention; and

(b)the contrary is not proved.

[Section 557A inserted by No. 70 of 2004 s. 33.]

[557B.Deleted by No. 59 of 2006 s. 25.]

557C.Forfeiture

A court that convicts a person of an offence under this Chapter may order that the thing giving rise to the offence be forfeited to the State.

[Section 557C inserted by No. 70 of 2004 s. 33.]

557D.Possessing stupefying or overpowering drug or thing

A person who is in possession of a stupefying or overpowering drug or thing with the intention of using it to facilitate —

(a)the commission of an offence; or

(b)the flight of an offender after the commission or attempted commission of an offence,

is guilty of an offence and is liable to imprisonment for 2 years and a fine of $24 000.

[Section 557D inserted by No. 70 of 2004 s. 33.]

557E.Possessing things to assist unlawful entry to places

A person who is in possession of a thing with the intention of using it to facilitate the unlawful entry of any place is guilty of an offence and is liable to imprisonment for 12 months and a fine of $12 000.

[Section 557E inserted by No. 70 of 2004 s. 33.]

557F.Possessing things to assist unlawful use of conveyances

A person who is in possession of a thing with the intention of using it to facilitate the unlawful use of a conveyance is guilty of an offence and is liable to a fine of $6 000.

[Section 557F inserted by No. 70 of 2004 s. 33.]

557G.Possessing things for applying graffiti

A person who is in possession of a thing with the intention of using it to cause damage consisting of graffiti is guilty of an offence and is liable to a fine of $6 000.

[Section 557G inserted by No. 70 of 2004 s. 33.]

557H.Possessing a disguise

A person who is in possession of a thing with the intention of using it as a disguise in connection with committing an offence is guilty of an offence and is liable to a fine of $6 000.

[Section 557H inserted by No. 70 of 2004 s. 33.]

557I.Possessing bulletproof clothing

(1)In this section —

bulletproof clothing means a protective jacket, vest, or other article of clothing, designed to resist the penetration of bullets or other missiles discharged from firearms;

Commissioner means the Commissioner of Police appointed under the Police Act 1892.

(2)A person who is in possession of bulletproof clothing is guilty of an offence and is liable to a fine of $6 000.

(3)Subsection (2) does not apply to —

(a)a person who —

(i)holds an appointment under Part I, III or IIIA of the Police Act 1892, other than a police cadet;

(ii)is employed in the department of the Public Service principally assisting in the administration of the Police Act 1892;

(iii)is a prison officer within the meaning of the Prisons Act 1981;

(iv)is employed or appointed under an Act of the Commonwealth, another State or a Territory,

and who is lawfully in possession of bulletproof clothing in the course of duty;

(b)a person who is in possession of bulletproof clothing in accordance with a permit given under subsection (4);

(c)a person who is in possession of bulletproof clothing in the course of and for the purpose of supplying it to a person referred to in paragraph (a) or (b) to fulfil a request previously made for its supply.

(4)The Commissioner, by a written permit, may permit a person or a class of persons to possess bulletproof clothing on any conditions (to be specified in the permit) that the Commissioner thinks fit.

(5)The Commissioner may at any time amend or cancel such a permit.

[Section 557I inserted by No. 70 of 2004 s. 33.]

557J.Declared drug traffickers, consorting by

(1)In this section, unless the contrary intention appears —

consort includes to communicate in any manner;

declared drug trafficker means a person who is declared to be a drug trafficker under section 32A(1) of the Misuse of Drugs Act 1981.

(2)A person who is a declared drug trafficker and who, having been warned by a police officer —

(a)that another person is also a declared drug trafficker; and

(b)that consorting with the other person may lead to the person being charged with an offence under this section,

habitually consorts with the other person is guilty of an offence and is liable to imprisonment for 2 years and a fine of $24 000.

(3)It is a defence to a charge of an offence under subsection (2) to prove that the accused person —

(a)was the spouse or de facto partner of the other person; or

(b)was a de facto child or a lineal relative (as those terms are defined in section 329(1)) of the other person.

[Section 557J inserted by No. 70 of 2004 s. 33.]

557K.Child sex offenders, offences by

(1)In this section, unless the contrary intention appears —

child means a person under 18 years of age;

child sex offender means a person who has been convicted of —

(a)an offence under any of these Chapters of this Code that was committed against, in respect of, or in the sight of, a child —

(i)Chapter XXII — Offences against morality;

(ii)Chapter XXXI — Sexual offences;

(iii)Chapter XXXIII — Offences against liberty;

(b)an offence under Chapter XXXIIIB that was committed against or in respect of a child;

(c)an offence under any of these repealed enactments of this Code that was committed against a child —

(i)section 315 (Indecent assault on males);

(ii)Chapter XXXIA — Sexual assaults;

(iii)Chapter XXXII — Assaults on females: Abduction;

(d)an offence under section 59 of the Classification (Publications, Films and Computer Games) Enforcement Act 1996 that was committed in circumstances in which an indecent or obscene article was sold, supplied or offered to a child;

(e)an offence under section 60 of the Classification (Publications, Films and Computer Games) Enforcement Act 1996;

(f)an offence under section 101 of the Classification (Publications, Films and Computer Games) Enforcement Act 1996 that was committed in circumstances in which —

(i)objectionable material was transmitted or demonstrated to a child; or

(ii)the objectionable material was child pornography;

(g)an offence under section 102 of the Classification (Publications, Films and Computer Games) Enforcement Act 1996;

(h)an offence committed under section 5(1), 6(1), 15, 16, 17 or 18 of the Prostitution Act 2000 committed against or in respect of a child;

(i)an offence under this section;

(j)an offence under the repealed section 66(11) of the Police Act 1892 committed in the sight of a child; or

(k)an offence against a law of a jurisdiction other than Western Australia that is substantially similar to an offence referred to in any of paragraphs (a) to (j);

consort includes to communicate in any manner.

(2)A reference in paragraph (a) or (b) of the definition of “child sex offender” in subsection (1) to a Chapter of this Code includes a reference to the Chapter as enacted at any time.

(3)A reference in paragraph (c) of the definition of “child sex offender” in subsection (1) to an enactment of this Code includes a reference to the enactment as enacted at any time before it was repealed.

(4)A person who is a child sex offender and who, having been warned by a police officer —

(a)that another person is also a child sex offender; and

(b)that consorting with the other person may lead to the person being charged with an offence under this section,

habitually consorts with the other person is guilty of an offence and is liable to imprisonment for 2 years and a fine of $24 000.

(5)It is a defence to a charge of an offence under subsection (4) to prove that the accused person —

(a)was the spouse or de facto partner of the other person; or

(b)was a de facto child or a lineal relative (as those terms are defined in section 329(1)) of the other person.

(6)A child sex offender who, without reasonable excuse, is in or near a place that is —

(a)a school, kindergarten or child care centre; or

(b)a public place where children are regularly present,

and where children are at the time is guilty of an offence and is liable to imprisonment for 2 years and a fine of $24 000.

[Section 557K inserted by No. 70 of 2004 s. 33; amended by No. 10 of 2006 s. 4(2).]

Chapter LVIII — Conspiracy

558.Conspiracy to commit indictable offence

(1)Any person who conspires with another person —

(a)to commit an indictable offence (the principal offence); or

(b)to do any act or make any omission in any part of the world which, if done or made in Western Australia, would be an indictable offence (the principal offence) and which is an offence under the laws in force in the place where it is proposed to be done or made,

is guilty of a crime.

(2)A person guilty of a crime under subsection (1) is liable —

(a)if the principal offence is punishable on indictment with imprisonment for life — to imprisonment for 14 years;

(b)in any other case — to half of the penalty with which the principal offence is punishable on indictment.

Summary conviction penalty: for an offence where the principal offence may be dealt with summarily — the penalty with which the principal offence is punishable on summary conviction.

(3)Without limiting subsection (1), the application of subsection (1) extends to a conspiracy under which an offence is to be committed, or an act or omission done or made, by a person other than the persons conspiring with each other.

[Section 558 inserted by No. 4 of 2004 s. 42; amended by No. 70 of 2004 s. 34(6) and (7).]

[559.Deleted by No. 4 of 2004 s. 43.]

560.Conspiracy to commit simple offence

(1)Any person who conspires with another person — 

(a)to commit any simple offence; or

(b)to do any act or make any omission in any part of the world which, if done or made in Western Australia, would be a simple offence and which is an offence under the laws in force in the place where it is proposed to be done or made,

is guilty of a simple offence and is liable to a punishment equal to the greatest punishment to which a person convicted of the offence referred to in paragraph (a) or (b) is liable.

(2)Without limiting subsection (1) the application of that subsection extends to a conspiracy under which an offence is to be committed, or an act or omission done or made, by a person other than the persons conspiring with each other.

(3)A prosecution for an offence under subsection (1) may be commenced at any time.

[Section 560 inserted by No. 106 of 1987 s. 9.]

[561.Deleted by No. 106 of 1987 s. 10.]

Chapter LIX — Accessories after the fact and property laundering

[Heading amended by No. 15 of 1992 s. 10.]

562.Accessories after the fact to indictable offence

(1)Any person who becomes an accessory after the fact to an indictable offence (the principal offence) is guilty of a crime.

(2)A person guilty of a crime under subsection (1) is liable —

(a)if the principal offence is punishable on indictment with imprisonment for life — to imprisonment for 14 years;

(b)in any other case — to half of the penalty with which the principal offence is punishable on indictment.

Summary conviction penalty: for an offence where the principal offence may be dealt with summarily, the lesser of —

(a)the penalty with which the principal offence is punishable on summary conviction; or

(b)the penalty that is half of the penalty with which the principal offence is punishable on indictment.

[Section 562 inserted by No. 4 of 2004 s. 44; amended by No. 70 of 2004 s. 34(8) and (9).]

[563.Deleted by No. 4 of 2004 s. 45.]

563A.Property laundering

(1)A person who — 

(a)in Western Australia engages, directly or indirectly, in a transaction that involves; or

(b)brings into Western Australia, or in Western Australia receives, possesses, conceals, disposes of or deals with,

any money or other property that is the proceeds of an offence is guilty of a crime and is liable to imprisonment for 20 years.

(1a)For the purpose of deciding whether money or other property is proceeds of an offence, the money or other property does not cease to be proceeds of an offence only as a result of —

(a)being credited to an account; or

(b)being given away, or exchanged for other property that is not proceeds of an offence.

(2)It is a defence in proceedings for a crime under subsection (1) — 

(a)to prove that the accused — 

(i)did not know; and

(ii)did not believe or suspect; and

(iii)did not have reasonable grounds to believe or suspect,

that the relevant money or other property was the proceeds of an offence; or

(b)to prove that the accused engaged in the act or omission alleged to constitute that crime in order to assist the enforcement of a law of the Commonwealth or of a State or Territory.

(3)In this section — 

offence means an offence against a law of Western Australia, the Commonwealth, another State or a Territory;

proceeds, in relation to an offence, means money or other property that is derived or realized, directly or indirectly, by any person from the commission of the offence;

transaction includes the receiving or making of a gift.

[Section 563A inserted by No. 15 of 1992 s. 11; amended by No. 26 of 2004 s. 4; No. 84 of 2004 s. 82.]

563B.Dealing with property used in connection with an offence

(1)A person who deals with any money or other property that is being used, or is intended to be used, in connection with an offence is guilty of a crime and is liable to imprisonment for 20 years.

(2)A person may be convicted of a crime under subsection (1) regardless of whether —

(a)the person does anything to facilitate or procure the commission of the offence;

(b)the person does or omits to do anything that constitutes all or part of the offence;

(c)anyone who does or omits to do, or who intended or intends to do or omit, anything that constitutes all or part of the offence is identified;

(d)anyone is charged with or convicted of the offence; or

(e)the offence is subsequently committed.

(3)It is a defence in proceedings for a crime under subsection (1) —

(a)to prove that the accused —

(i)did not know;

(ii)did not believe or suspect; and

(iii)did not have reasonable grounds to believe or suspect,

that the money or other property was being used or was intended to be used in connection with the offence; or

(b)to prove that the accused engaged in the act or omission alleged to constitute the crime in order to assist the enforcement of a law of Western Australia, the Commonwealth, another State or a Territory.

(4)A prosecution under this section must not be commenced without the consent of the Director of Public Prosecutions.

(5)In this section —

deals with, in relation to money or other property, means —

(a)receives or has possession or control of the money or other property;

(b)conceals or attempts to conceal the money or other property;

(c)passes the money or other property to another person; or

(d)disposes of the money or other property in any other way;

offence means an offence against a law of Western Australia, the Commonwealth, another State or a Territory;

used in connection with an offence means used in or in connection with —

(a)the commission of an offence; or

(b)facilitating or procuring an offence.

[Section 563B inserted by No. 26 of 2004 s. 5; amended by No. 5 of 2008 s. 129(3).]

Part VIII — Miscellaneous

[Heading inserted by No. 84 of 2004 s. 21.]

[Chapter LX:
Heading deleted by No. 59 of 2006 s. 26;
s. 564 deleted by No. 59 of 2006 s. 26;
s. 565 deleted by No. 119 of 1985 s. 21;
s. 565A deleted by No. 59 of 2006 s. 26;
s. 566, 567 deleted by No. 119 of 1985 s. 23;
s. 568, 569 deleted by No. 59 of 2006 s. 26.]

[Chapter LXA:
Heading deleted by No. 59 of 2006 s. 26;
s. 570‑570H deleted by No. 59 of 2006 s. 26.]

[Chapter LXI:
s. 571 deleted by No. 84 of 2004 s. 22;
s. 572 deleted by No. 4 of 2004 s. 47;
s. 573 deleted by No. 87 of 1982 s. 32;
s. 574 deleted by No. 4 of 2004 s. 48;
s. 575‑577 deleted by No. 84 of 2004 s. 22.]

[Chapter LXII:
s. 578‑588 deleted by No. 84 of 2004 s. 22;
s. 589 deleted by No. 32 of 1918 s. 23;
s. 590‑593 deleted by No. 84 of 2004 s. 22.]

[Chapter LXIII:
s. 594‑596 deleted by No. 70 of 2004 s. 36(11);
s. 596A, 596AA‑596AC deleted by No. 14 of 1992 s. 7;
s. 596AD deleted by No. 32 of 1989 s. 22;
s. 597‑607B deleted by No. 70 of 2004 s. 36(11).]

[Chapter LXIV:
s. 608‑628 deleted by No. 84 of 2004 s. 24;
s. 629 deleted by No. 50 of 1957 s. 2;
s. 630 deleted by No. 84 of 2004 s. 24;
s. 631 deleted by No. 69 of 1996 s. 16;
s. 632‑648 deleted by No. 84 of 2004 s. 24;
s. 649 deleted by No. 32 of 1918 s. 23;
s. 650, 651 deleted by No. 84 of 2004 s. 24.]

[Chapter LXIVA (s. 651A‑651C) deleted by No. 84 of 2004 s. 24.]

[Chapter LXV:
s. 652‑656 deleted by No. 84 of 2004 s. 24;
s. 656A deleted by No. 78 of 1995 s. 26;
s. 657, 658 deleted by No. 52 of 1984 s. 23;
s. 659 deleted by No. 51 of 1992 s. 16(4);
s. 660 deleted by No. 84 of 2004 s. 24;
s. 661‑666 deleted by No. 78 of 1995 s. 26;
s. 667 deleted by No. 21 of 1963 s. 4;
s. 668 deleted by No. 21 of 1963 s. 5;
s. 668A deleted by No. 58 of 1974 s. 8;
s. 669 deleted by No. 78 of 1995 s. 26;
s. 669A deleted by No. 63 of 1963 s. 17;
s. 670 deleted by No. 51 of 1992 s. 16(4);
s. 671, 672 deleted by No. 119 of 1985 s. 27;
s. 673 deleted by No. 4 of 2004 s. 50.]

[Chapter LXVI (s. 674‑677) deleted by No. 84 of 2004 s. 24.]

[Chapter LXVII:
s. 678 deleted by No. 52 of 1984 s. 26;
s. 679 deleted by No. 78 of 1995 s. 26;
s. 680 deleted by No. 51 of 1992 s. 16(4);
s. 681, 682 deleted by No. 84 of 2004 s. 24;
s. 682A deleted by No. 92 of 1994 s. 11.]

[Chapter LXVIII (s. 683‑686) deleted by No. 84 of 2004 s. 24.]

[Chapter LXIX:
s. 687‑697 deleted by No. 84 of 2004 s. 24;
s. 698 deleted by No. 101 of 1990 s. 52;
s. 699‑701 deleted by No. 84 of 2004 s. 24;

s. 702 deleted by No. 45 of 2004 s. 30(4);
s. 703, 704 deleted by No. 84 of 2004 s. 24;
s. 705, 706 deleted by No. 78 of 1995 s. 26;
s. 706A deleted by No. 91 of 1965 s. 9;
s. 707 deleted by No. 78 of 1995 s. 26.]

[Chapter LXX (s. 708) deleted by No. 91 of 1965 s. 10.]

[Chapter LXXI (s. 709‑710) deleted by No. 91 of 1965 s. 10.]

[Chapter LXXII:
Heading deleted by No. 59 of 2006 s. 27;
s. 711‑712 deleted by No. 59 of 2006 s. 27;
s. 713 deleted by No. 70 of 1988 s. 8(1);
s. 714‑716 deleted by No. 59 of 2006 s. 27;
s. 716A‑719 deleted by No. 78 of 1997 s. 26.]

[Chapter LXXIII (s. 720‑729) deleted by No. 84 of 2004 s. 25.]

Chapter LXXIV — Miscellaneous provisions

730.Forfeitures, escheats etc. abolished

Forfeitures (except under a written law), escheats, attainders and corruptions of blood on account of crime or conviction stand abolished.

[Section 730 inserted by No. 84 of 2004 s. 26.]

731.Forfeiture etc. of property used to commit offences

(1)A court that convicts a person of an offence under this Code may make an order for the forfeiture to the State, or the destruction or disposal, of any thing that was used in or in connection with the commission of the offence.

(2)A court must not make an order under subsection (1) in respect of any property unless the owner or any person who claims to be the owner of it has been afforded the opportunity to show cause why the order should not be made.

[Section 731 inserted by No. 59 of 2006 s. 28.]

[732.Deleted by No. 59 of 2004 s. 80.]

[733.Deleted by No. 84 of 2004 s. 28.]

[734.Deleted by No. 101 of 1990 s. 55.]

[735.Deleted by No. 55 of 1963 s. 5.]

[736.Deleted by No. 14 of 1992 s. 9.]

737.Saving of civil remedies

Except when expressly so provided, the prosecution or conviction of a person for an offence does not affect any civil remedy which any person aggrieved by the offence may have against the offender.

738.Incriminating answers and discovery

No person shall in any civil or criminal proceeding be excused from answering any question put either viva voce or by interrogatory or from making any discovery of documents on the ground that the answer or discovery may criminate or tend to criminate him in respect of any offence against Chapter XXXV or Chapter LV:

Provided that his answer shall not be admissible in evidence against him in any criminal proceedings other than a prosecution for perjury.

739.Review of law of homicide

(1)The Minister must carry out a review of the operation and effectiveness of the amendments to this Code and the Sentencing Act 1995 made by the Criminal Law Amendment (Homicide) Act 2008 as soon as is practicable after the fifth anniversary of the commencement of section 17 of that Act.

(2)The Minister must prepare a report based on the review and, as soon as is practicable after the report is prepared, cause it to be laid before each House of Parliament.

[Section 739 inserted by No. 29 of 2008 s. 17.]

740A.Review of certain amendments to s. 297 and 318

(1)The Minister shall carry out a review of the operation and effectiveness of the amendments made to this Code by the Criminal Code Amendment Act 2009 as soon as practicable after the third anniversary of the day on which those amendments came into operation.

(2)The Minister shall prepare a report based on the review made under subsection (1), and shall, as soon as is practicable after that preparation, cause the report to be laid before each House of Parliament.

[Section 740A inserted by No. 21 of 2009 s. 6]

740.Transitional provisions (Sch. 1)

Schedule 1 sets out transitional provisions.

[Section 740 inserted by No. 29 of 2008 s. 17.]

[741.Deleted by No. 84 of 2004 s. 28.]

[742, 743.Deleted by No. 59 of 2004 s. 80.]

[744‑746, 746A, 747.Deleted by No. 84 of 2004 s. 28.]

[748.Deleted by No. 32 of 1918 s. 34.]

 

Schedule 1 — Transitional provisions

[s. 740]

[Heading inserted by No. 29 of 2008 s. 17.]

1.Terms used in this Schedule

In this Schedule —

amendment Act means the Criminal Law Amendment (Homicide) Act 2008;

commencement means the day on which the amendment Act, other than Part 1, comes into operation.

[Clause 1 inserted by No. 29 of 2008 s. 17.]

2.Acts or omissions committed before commencement

(1)In this clause —

unamended Code means this Code as if it had not been amended by the amendment Act.

(2)Despite section 11, if a person does an act or makes an omission before commencement that is an element of or constitutes an offence under the unamended Code, then after commencement this Code applies to and in respect of the person and the act or omission as if it had not been amended by the amendment Act.

(3)Despite subclause (2) and the Sentencing Act 1995 section 10, if —

(a)a person is convicted of murder or wilful murder under the unamended Code before commencement but is not sentenced for the offence before commencement; or

(b)a person is convicted of murder or wilful murder under the unamended Code as it applies under subclause (2),

the person must be sentenced under section 279(4) to (6) as inserted by the amendment Act as if he or she had been convicted of murder under section 279(1) as inserted by that Act.

[Clause 2 inserted by No. 29 of 2008 s. 17.]

3.Offenders serving life term at commencement

(1)If immediately before commencement a person is serving a sentence of life imprisonment for an offence other than murder or wilful murder, the person is eligible to be released on parole when he or she has served 7 years of the sentence.

(2)If immediately before commencement a person is serving a sentence of life imprisonment for murder or wilful murder in respect of which a minimum period was set under the Sentencing Act 1995 section 90 as it was before commencement, the person must not be released before he or she has served that minimum period.

(3)If immediately before commencement a person is serving a sentence of strict security life imprisonment in respect of which a minimum period was set under the Sentencing Act 1995 section 91(1) as it was before commencement, the person must not be released before he or she has served that minimum period.

(4)If immediately before commencement a person is serving a sentence of strict security life imprisonment in respect of which an order was made under the Sentencing Act 1995 section 91(3) as it was before commencement, the person must not be released on parole.

(5)Any order for the release of a person to whom this clause applies must be made in accordance with the Sentence Administration Act 2003 Part 3.

(6)If immediately before commencement a person is serving a sentence of strict security life imprisonment, any order made after commencement in relation to the person in the exercise of the Royal Prerogative of Mercy is subject to the Sentencing Act 1995 section 142 as it was immediately before commencement.

(7)If immediately before commencement a person is serving a sentence of —

(a)life imprisonment imposed for murder or wilful murder; or

(b)strict security life imprisonment imposed for wilful murder,

then the Sentence Administration Act 2003 sections 12A, 25 and 26 as they were immediately before commencement continue to apply to and in respect of the person.

[Clause 3 inserted by No. 29 of 2008 s. 17.]

 

Notes

1This is a compilation of the Criminal Code Act Compilation Act 1913 and includes the amendments made by the other written laws referred to in the following table 1a, 2. The table also contains information about any reprint.

Compilation table

Short title

Number and year

Assent

Commencement

Criminal Code Act Compilation Act 1913 6

28 of 1913 (4 Geo. V No. 28)

30 Dec 1913

1 Jan 1914 (see s. 1)

Criminal Code Amendment Act 1918

32 of 1918 (9 Geo. V No. 22)

24 Dec 1918

24 Dec 1918

Criminal Code (Chapter XXXVII) Amendment Act 1932

51 of 1932 (23 Geo. V No. 51)

30 Dec 1932

30 Dec 1932

Criminal Code Amendment Act 1942

15 of 1942 (6 Geo. VI No. 15)

26 Nov 1942

26 Nov 1942

Criminal Code Amendment Act 1945

40 of 1945 (9 & 10 Geo. VI No. 40)

30 Jan 1946

30 Jan 1946

Criminal Code Amendment Act 1952

27 of 1952 (1 Eliz. II No. 27)

28 Nov 1952

28 Nov 1952

Criminal Code Amendment Act 1953

55 of 1953 (2 Eliz. II No. 55)

9 Jan 1954

9 Jan 1954

Criminal Code Amendment Act 1954

20 of 1954 (3 Eliz. II No. 20)

28 Sep 1954

28 Sep 1954

Betting Control Act 1954 s. 5

63 of 1954 (3 Eliz. II No. 63)

30 Dec 1954

1 Aug 1955 (see s. 2(1) and Gazette 29 Jul 1955 p. 1767)

Limitation Act 1935 s. 48A(1)

35 of 1935 (26 Geo. V No. 35) (as amended by No. 73 of 1954 s. 8)

14 Jan 1955

Relevant amendments (see s. 48A and Second Sch. 7) took effect on 1 Mar 1955 (see No. 73 of 1954 s. 2 and Gazette 18 Feb 1955 p. 343)

Reprint of the Criminal Code Act Compilation Act 1913 approved 29 Jun 1955 in Vol. 8 of Reprinted Acts (includes amendments listed above)

Criminal Code Amendment Act 1956

11 of 1956 (5 Eliz. II No. 11)

11 Oct 1956

11 Oct 1956

Criminal Code Amendment Act (No. 2) 1956

43 of 1956 (5 Eliz. II No. 43)

18 Dec 1956

18 Dec 1956

Traffic Act Amendment Act (No. 3) 1956 s. 25(2)

74 of 1956 (5 Eliz. II No. 74)

14 Jan 1957

14 Jan 1957

Juries Act 1957 s. 2

50 of 1957 (6 Eliz. II No. 50)

9 Dec 1957

1 Jul 1960 (see s. 1(2) and Gazette 6 Mar 1959 p. 539)

Criminal Code Amendment Act 1960

25 of 1960 (9 Eliz. II No. 25)

21 Oct 1960

21 Oct 1960

Criminal Code Amendment Act 1961

28 of 1961 (10 Eliz. II No. 28)

23 May 1962

29 Jun 1962 (see Interpretation Act 1918 s. 8 and Gazette 29 Jun 1962 p. 1657)

Reserved for Royal Assent 31 Oct 1961

Criminal Code Amendment Act 1962 8

35 of 1962 (11 Eliz. II No. 35)

29 Oct 1962

1 Jul 1966 (see s. 2 and Gazette 11 Mar 1966 p. 701)

Criminal Code Amendment Act 1963

21 of 1963 (12 Eliz. II No. 21)

13 Nov 1963

1 Jan 1965 (see s. 2 and Gazette 11 Dec 1964 p. 3995)

Criminal Code Amendment Act (No. 2) 1963

55 of 1963 (12 Eliz. II No. 55)

17 Dec 1963

1 Jul 1964 (see s. 2 and Gazette 26 Jun 1964 p. 2525)

Convicted Inebriates’ Rehabilitation Act 1963 s. 17

63 of 1963 (12 Eliz. II No. 63)

18 Dec 1963

1 Jul 1966 (see s. 2 and Gazette 11 Mar 1966 p. 702)

Traffic Act Amendment Act (No. 3) 1963 s. 8

74 of 1963 (12 Eliz. II No. 74)

19 Dec 1963

1 Mar 1964 (see s. 2 and Gazette 28 Feb 1964 p. 906)

Criminal Code Amendment Act 1964

53 of 1964 (13 Eliz. II No. 53)

30 Nov 1964

30 Nov 1964

Criminal Code Amendment Act 1965

91 of 1965

8 Dec 1965

8 Dec 1965

Decimal Currency Act 1965

113 of 1965

21 Dec 1965

Act other than s. 4‑9: 21 Dec 1965 (see s. 2(1));
s. 4
‑9: 14 Feb 1966 (see s. 2(2))

Criminal Code Amendment Act 1966

89 of 1966

12 Dec 1966

12 Dec 1966

Criminal Code Amendment Act 1969

1 of 1969

21 Apr 1969

21 Apr 1969

Reprint of the Criminal Code Act Compilation Act 1913 approved 9 Jul 1969 (includes amendments listed above)

Criminal Code Amendment Act 1972

21 of 1972

26 May 1972

1 Jul 1972 (see s. 2 and Gazette 30 Jun 1972 p. 2097)

Criminal Code Amendment Act (No. 2) 1972

41 of 1972

16 Jun 1972

1 Jul 1972 (see s. 2 and Gazette 30 Jun 1972 p. 2098)

Metric Conversion Act 1972

94 of 1972 (as amended by No. 19 and 83 of 1973 and 42 of 1975)

4 Dec 1972

Relevant amendments (see Second Sch. 9) took effect on 1 Jan 1974 (see s. 4(2) and Gazette 2 Nov 1973 p. 4109)

Reprint of the Criminal Code Act Compilation Act 1913 approved 9 Jul 1974 (includes amendments listed above)

Acts Amendment (Road Traffic) Act 1974 Pt. I

58 of 1974

3 Dec 1974

29 Aug 1975 (see s. 2 and Gazette 29 Aug 1975 p. 3085)

Criminal Code Amendment Act 1975

49 of 1975

18 Sep 1975

18 Sep 1975

Criminal Code Amendment Act 1976

35 of 1976

9 Jun 1976

3 Sep 1976 (see s. 2 and Gazette 3 Sep 1976 p. 3271)

Criminal Code Amendment Act (No. 2) 1976 10

62 of 1976

16 Sep 1976

16 Sep 1976

Criminal Code Amendment Act (No. 3) 1976

133 of 1976

9 Dec 1976

9 Dec 1976

Criminal Code Amendment Act 1977

38 of 1977

7 Nov 1977

7 Nov 1977

Criminal Code Amendment Act (No.  3) 1977

71 of 1977

28 Nov 1977

28 Nov 1977

Reprint of the Criminal Code Act Compilation Act 1913 approved 8 Dec 1978 (includes amendments listed above)

Acts Amendment (Master, Supreme Court) Act 1979 Pt. XVIII

67 of 1979

21 Nov 1979

11 Feb 1980 (see s. 2 and Gazette 8 Feb 1980 p. 383)

Criminal Code Amendment Act 1979

68 of 1979

21 Nov 1979

21 Nov 1979

Criminal Code Amendment Act (No. 2) 1979

107 of 1979

17 Dec 1979

17 Dec 1979

Acts Amendment (Strict Security Life Imprisonment) Act 1980 Pt. I

96 of 1980

9 Dec 1980

9 Dec 1980

Acts Amendment (Lotto) Act 1981 Pt. II

103 of 1981

2 Dec 1981

18 Dec 1981 (see s. 2 and Gazette 18 Dec 1981 p. 5163)

Acts Amendment (Prisons) Act 1981 Pt. I

116 of 1981

14 Dec 1981

1 Aug 1982 (see s. 2 and Gazette 23 Jul 1982 p. 2841)

Acts Amendment (Jurisdiction of Courts) Act 1981 Pt. I

118 of 1981

14 Dec 1981

1 Feb 1982 (see s. 2 and Gazette 22 Jan 1982 p. 175)

Companies (Consequential Amendments) Act 1982 s. 28

10 of 1982

14 May 1982

1 Jul 1982 (see s. 2(1) and Gazette 25 Jun 1982 p. 2079)

Acts Amendment (Criminal Penalties and Procedure) Act 1982 Pt. II

20 of 1982

27 May 1982

27 May 1982

Acts Amendment (Bail) Act 1982 Pt. III

87 of 1982

17 Nov 1982

6 Feb 1989 (see s. 2 and Gazette 27 Jan 1989 p. 263)

Acts Amendment (Betting and Gaming) Act 1982 Pt. III

108 of 1982

7 Dec 1982

31 Dec 1982 (see s. 2 and Gazette 31 Dec 1982 p. 4968)

Acts Amendment (Trade Promotion Lotteries) Act 1983 Pt. II

21 of 1983

22 Nov 1983

22 Nov 1983

Reprint of the Criminal Code Act Compilation Act 1913 approved 13 Dec 1983 (includes amendments listed above except those in the Acts Amendment (Bail) Act 1982)

Criminal Code Amendment Act 1983

77 of 1983

22 Dec 1983

22 Dec 1983

Reprints Act 1984 s. 9(2)

13 of 1984

31 May 1984

1 Feb 1985 (see s. 2 and Gazette 11 Jan 1985 p. 175)

Acts Amendment (Abolition of Capital Punishment) Act 1984 Pt. I

52 of 1984

5 Sep 1984

3 Oct 1984

Acts Amendment (Department for Community Services) Act 1984 Pt. XI

121 of 1984

19 Dec 1984

1 Jan 1985 (see s. 2 and Gazette 28 Dec 1984 p. 4197)

Artificial Conception Act 1985 s. 8

14 of 1985

12 Apr 1985

1 Jul 1985 (see s. 2 and Gazette 28 Jun 1985 p. 2291)

Acts Amendment (Sexual Assaults) Act 1985 Pt. II

74 of 1985

20 Nov 1985

1 Apr 1986 (see s. 2 and Gazette 28 Feb 1986 p. 605)

Criminal Law Amendment Act 1985 Pt. II

119 of 1985

17 Dec 1985

1 Sep 1986 (see s. 2 and Gazette 8 Aug 1986 p. 2815)

Criminal Law Amendment Act 1986 Pt. II 11

89 of 1986

10 Dec 1986

s. 3‑9: 14 Mar 1988 (see s. 2 and Gazette 11 Mar 1988 p. 781);
s. 11 and 12: 1 Jan 1989 (see s. 2 and
Gazette 2 Dec 1988 p. 4781)

Acts Amendment (Corrective Services) Act 1987 Pt. V

47 of 1987

3 Oct 1987

11 Dec 1987 (see s. 2 and Gazette 11 Dec 1987 p. 4363)

Acts Amendment and Repeal (Gaming) Act 1987 Pt. IX

74 of 1987

26 Nov 1987

2 May 1988 (see s. 2 and Gazette 29 Apr 1988 p. 1292)

Criminal Code Amendment Act (No. 2) 1987 12

106 of 1987

16 Dec 1987

s. 1 and 2: 16 Dec 1987;
Act other than s. 1 and 2: 14 Mar 1988 (see s. 2 and
Gazette 11 Mar 1988 p. 781)

Acts Amendment (Imprisonment and Parole) Act 1987 Pt. IV

129 of 1987

21 Jan 1988

15 Jun 1988 (see s. 2 and Gazette 20 May 1988 p. 1664)

Criminal Law Amendment Act 1988 Pt. 2 (s. 3‑33) 13

70 of 1988

15 Dec 1988

s. 3, 32 and 33: 15 Dec 1988 (see s. 2(3));
Pt. 2 other than s. 3, 32 and 33: 1 Feb 1989 (see s. 2(1) and
Gazette 20 Jan 1989 p. 110)

Acts Amendment (Children’s Court) Act 1988 Pt. 4

49 of 1988

22 Dec 1988

1 Dec 1989 (see s. 2 and Gazette 24 Nov 1989 p. 4327)

Law Reform (Decriminalization of Sodomy) Act 1989 Pt. 1

32 of 1989

19 Dec 1989

23 Mar 1990 (see s. 2 and Gazette 23 Mar 1990 p. 1469)

Criminal Code Amendment (Racist harassment and incitement to racial hatred) Act 1990

33 of 1990

9 Oct 1990

6 Nov 1990

Criminal Law Amendment Act 1990 Pt. 2

101 of 1990

20 Dec 1990

s. 51: 20 Dec 1990 (see s. 2(2));
Pt. 2 other than s. 51: 14 Feb 1991 (see s. 2(1))

Reprint of the Criminal Code Act Compilation Act 1913 as at 31 May 1991
(includes amendments listed above)

Criminal Law Amendment Act 1991 14

37 of 1991

12 Dec 1991

Act other than s. 4 and 7 and Pt. 4‑5: 12 Dec 1991 (see s. 2(1));
s. 4 and 7 and Pt. 4
‑5: 10 Feb 1992 (see s. 2(2) and Gazette 31 Jan 1992 p. 477)

Acts Amendment (Evidence) Act 1991 Pt. 3 15

48 of 1991

17 Dec 1991

31 Mar 1992 (see s. 2 and Gazette 24 Mar 1992 p. 1317)

Criminal Law Amendment Act 1992 Pt. 2

1 of 1992

7 Feb 1992

9 Mar 1992 (see s. 2)

Acts Amendment (Confiscation of Criminal Profits) Act 1992 Pt. 3

15 of 1992

16 Jun 1992

16 Jun 1992 (see s. 2)

Acts Amendment (Sexual Offences) Act 1992 Pt. 2 16

14 of 1992

17 Jun 1992

1 Aug 1992 (see s. 2 and Gazette 28 Jul 1992 p. 3671)

Criminal Law Amendment Act (No. 2) 1992

51 of 1992

9 Dec 1992

6 Jan 1993

Acts Amendment (Jurisdiction and Criminal Procedure) Act 1992 Pt. 2

53 of 1992

9 Dec 1992

s. 3, 4, 6 and 7: 1 Mar 1993 (see s. 2(1) and Gazette 26 Jan 1993 p. 823);
s. 5: 4 Nov 1996 (see s. 2(1) and
Gazette 25 Oct 1996 p. 5631)

Acts Amendment (Ministry of Justice) Act 1993 Pt. 6 17

31 of 1993

15 Dec 1993

1 Jul 1993 (see s. 2)

Reprint of the Criminal Code Act Compilation Act 1913 as at 17 Dec 1993
(includes amendments listed above except those in the Acts Amendment (Jurisdiction and Criminal Procedure) Act 1992 s. 5)

Acts Amendment (Public Sector Management) Act 1994 s. 10

32 of 1994

29 Jun 1994

1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)

Statutes (Repeals and Minor Amendments) Act 1994 s. 4

73 of 1994

9 Dec 1994

9 Dec 1994 (see s. 2)

Criminal Law Amendment Act 1994 Pt. 2‑4

82 of 1994

23 Dec 1994

20 Jan 1995 (see s. 2(2))

Acts Amendment (Fines, Penalties and Infringement Notices) Act 1994 Pt. 5

92 of 1994

23 Dec 1994

1 Jan 1995 (see s. 2(1) and Gazette 30 Dec 1994 p. 7211)

Sentencing (Consequential Provisions) Act 1995 Pt. 19, 20 and s. 147 18

78 of 1995

16 Jan 1996

4 Nov 1996 (see s. 2 and Gazette 25 Oct 1996 p. 5632)

Local Government (Consequential Amendments) Act 1996 s. 4

14 of 1996

28 Jun 1996

1 Jul 1996 (see s. 2)

Criminal Code Amendment Act 1996

34 of 1996

27 Sep 1996

27 Sep 1996 (see s. 2)

Criminal Law Amendment Act 1996 Pt. 2 3, 4

36 of 1996

10 Oct 1996

10 Oct 1996 (see s. 2)

Censorship Act 1996 s. 152(1) and (2)

40 of 1996

10 Oct 1996

5 Nov 1996 (see s. 2 and Gazette 5 Nov 1996 p. 5845)

Criminal Code Amendment Act (No. 2) 1996 5

60 of 1996

11 Nov 1996

s. 1 and 2: 11 Nov 1996;
Act other than s. 1 and 2: 14 Nov 1996 (see s. 2 and
Gazette 13 Nov 1996 p. 6439)

Mental Health (Consequential Provisions) Act 1996 Pt. 4 19

69 of 1996

13 Nov 1996

13 Nov 1997 (see s. 2)

Reprint of the Criminal Code Act Compilation Act 1913 as at 21 Apr 1997
(includes amendments listed above except those in the Mental Health (Consequential Provisions) Act 1996)

Restraining Orders Act 1997 s. 83

19 of 1997

28 Aug 1997

15 Sep 1997 (see s. 2 and Gazette 12 Sep 1997 p. 5149)

Sunday Observance Laws Amendment and Repeal Act 1997 s. 5

49 of 1997

10 Dec 1997

10 Dec 1997 (see s. 2)

Statutes (Repeals and Minor Amendments) Act 1997 s. 45

57 of 1997

15 Dec 1997

15 Dec 1997 (see s. 2(1))

Acts Amendment (Abortion) Act 1998 Pt. 2

15 of 1998

26 May 1998

26 May 1998 (see s. 2)

Criminal Law Amendment Act (No. 2) 1998 Pt. 2

29 of 1998

6 Jul 1998

3 Aug 1998

Criminal Law Amendment Act (No. 1) 1998 Pt. 2

38 of 1998

25 Sep 1998

23 Oct 1998

Acts Repeal and Amendment (Births, Deaths and Marriages Registration) Act 1998 s. 10

40 of 1998

30 Oct 1998

14 Apr 1999 (see s. 2 and Gazette 9 Apr 1999 p. 1433)

Acts Amendment (Video and Audio Links) Act 1998 Pt. 2

48 of 1998

19 Nov 1998

18 Jan 1999 (see s. 2 and Gazette 15 Jan 1999 p. 109)

Acts Amendment (Criminal Procedure) Act 1999 Pt. 2

10 of 1999

5 May 1999

1 Oct 1999 (see s. 2 and Gazette 17 Sep 1999 p. 4557)

Reprint of the Criminal Code Act Compilation Act 1913 as at 2 Oct 1999
(includes amendments listed above)

Criminal Code Amendment Act 1999

35 of 1999

18 Oct 1999

15 Nov 1999

Prisons Amendment Act 1999 s. 20

43 of 1999

8 Dec 1999

18 Dec 1999 (see s. 2(2) and Gazette 17 Dec 1999 p. 6175)

Court Security and Custodial Services (Consequential Provisions) Act 1999 Pt. 5

47 of 1999

8 Dec 1999

18 Dec 1999 (see s. 2 and Gazette 17 Dec 1999 p. 6175‑6)

Prostitution Act 2000 s. 64

17 of 2000

22 Jun 2000

29 Jul 2000 (see s. 2 and Gazette 28 Jul 2000 p. 3987)

Criminal Code Amendment (Home Invasion) Act 2000

45 of 2000

17 Nov 2000

17 Nov 2000 (see s. 2)

Acts Amendment (Evidence) Act 2000 Pt. 5

71 of 2000

6 Dec 2000

3 Jan 2001

Reprint of the Criminal Code Act Compilation Act 1913 as at 9 Feb 2001
(includes amendments listed above)

Criminal Law Amendment Act 2001 s. 2‑9 and 11

23 of 2001

26 Nov 2001

24 Dec 2001

Criminal Code Amendment Act 2001

34 of 2001

7 Jan 2002

7 Jan 2002 (see s. 2)

Acts Amendment (Lesbian and Gay Law Reform) Act 2002 Pt. 7

3 of 2002

17 Apr 2002

21 Sep 2002 (see s. 2 and Gazette 20 Sep 2002 p. 4693)

Criminal Investigation (Identifying People) Act 2002 s. 96

6 of 2002

4 Jun 2002

20 Nov 2002 (see s. 2 and Gazette 19 Nov 2002 p. 5505)

Criminal Code Amendment (Corruption Penalties) Act 2002

8 of 2002

28 Jun 2002

28 Jun 2002 (see s. 2)

Criminal Law (Procedure) Amendment Act 2002 Pt. 3

27 of 2002

25 Sep 2002

27 Sep 2002 (see s. 2 and Gazette 27 Sep 2002 p. 4875)

Reprint 10 2: The Criminal Code Act Compilation Act 1913 as at 7 Feb 2003 (includes amendments listed above)

Juries Amendment Act 2003 s. 24

25 of 2003

16 May 2003

18 Jun 2003 (see s. 2 and Gazette 17 Jun 2003 p. 2201)

Acts Amendment (Equality of Status) Act 2003 Pt. 12 and s. 118

28 of 2003

22 May 2003

1 Jul 2003 (see s. 2 and Gazette 30 Jun 2003 p. 2579)

Censorship Amendment Act 2003 s. 42

30 of 2003

26 May 2003

1 Jul 2003 (see s. 2 and Gazette 27 Jun 2003 p. 2383)

Corruption and Crime Commission Act 2003 s. 62 20

48 of 2003

3 Jul 2003

1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5723)

Sentencing Legislation Amendment and Repeal Act 2003 s. 51

50 of 2003

9 Jul 2003

15 May 2004 (see s. 2 and Gazette 14 May 2004 p. 1445)

Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 s. 26, 89, 123

65 of 2003

4 Dec 2003

1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5722)

Statutes (Repeals and Minor Amendments) Act 2003 s. 150(2)

74 of 2003

15 Dec 2003

15 Dec 2003 (see s. 2)

Corruption and Crime Commission Amendment and Repeal Act 2003 s. 74(2)

78 of 2003

22 Dec 2003

7 Jul 2004 (see s. 2 and Gazette 6 Jul 2004 p. 2697)

Criminal Code Amendment Act 2004

4 of 2004

23 Apr 2004

21 May 2004 (see s. 2)

Reprint 11 2: The Criminal Code Act Compilation Act 1913 as at 3 Sep 2004 (includes amendments listed above)

Criminal Law Amendment (Criminal Property) Act 2004 Pt. 2

26 of 2004

7 Oct 2004

7 Oct 2004 (see s. 2(1))

Acts Amendment (Family and Domestic Violence) Act 2004 Pt. 4

38 of 2004

9 Nov 2004

1 Dec 2004 (see s. 2 and Gazette 26 Nov 2004 p. 5309)

Acts Amendment (Court of Appeal) Act 2004 s. 30

45 of 2004

9 Nov 2004

1 Feb 2005 (see s. 2 and Gazette 14 Jan 2005 p. 163)

Criminal Law Amendment (Sexual Assault and Other Matters) Act 2004 Pt. 2

46 of 2004

9 Nov 2004

1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130)

Courts Legislation Amendment and Repeal Act 2004 Pt. 9

59 of 2004

23 Nov 2004

1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)

Criminal Law Amendment (Simple Offences) Act 2004 Pt. 2  21, 22

70 of 2004 (as amended by No. 24 of 2005 s. 63; No. 2 of 2008 s. 76(2))

8 Dec 2004

Pt. 2 other than s. 37 and 39: 31 May 2005 (see s. 2 and Gazette 14 Jan 2005 p. 163)

Criminal Code Amendment (Racial Vilification) Act 2004 23

80 of 2004 (as amended by No. 2 of 2008 s. 6(2), 7(2) and 8(2))

8 Dec 2004

8 Dec 2004 (see s. 2)

Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 Pt. 5, s. 80 and 82 24, 25

84 of 2004 (as amended by No. 2 of 2008 s. 78(7))

16 Dec 2004

2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53))

Reprint 12 2: The Criminal Code Act Compilation Act 1913 as at 1 Jun 2005 (includes amendments listed above)

Oaths, Affidavits and Statutory Declarations (Consequential Provisions) Act 2005 Pt. 11

24 of 2005

2 Dec 2005

1 Jan 2006 (see s. 2(1) and Gazette 23 Dec 2005 p. 6244)

Defamation Act 2005 s. 47

44 of 2005

19 Dec 2005

1 Jan 2006 (see s. 2)

Criminal Code Amendment (Cyber Predators) Act 2006 s. 3‑6

3 of 2006

30 Mar 2006

s. 3‑5: 30 Mar 2006 (see s. 2(1));
s. 6: 7 Apr 2006 (see s. 2(2) and
Gazette 7 Apr 2006 p. 1489)

Censorship Amendment Act 2006 s. 4(2)

10 of 2006

8 May 2006

10 Jun 2006 (see s. 2 and Gazette 9 Jun 2006 p. 2029)

Nurses and Midwives Act 2006 s. 114 26

50 of 2006

6 Oct 2006

19 Sep 2007 (see s. 2 and Gazette 18 Sep 2007 p. 4711)

Criminal Investigation (Consequential Provisions) Act 2006 Pt. 5 27

59 of 2006

16 Nov 2006

1 Jul 2007 (see s. 2 and Gazette 22 Jun 2007 p. 2838)

Liquor and Gaming Legislation Amendment Act 2006 s. 114

73 of 2006

13 Dec 2006

7 May 2007 (see s. 2(2) and Gazette 1 May 2007 p. 1893)

Criminal Code Amendment (Drink and Food Spiking) Act 2007

31 of 2007

21 Dec 2007

s. 1 and 2: 21 Dec 2007 (see s. 2(a));
Act other than s. 1 and 2: 22 Dec 2007 (see s. 2(b))

Reprint 13 2: The Criminal Code Act Compilation Act 1913 as at 18 Jan 2008 (includes amendments listed above)

Criminal Law and Evidence Amendment Act 2008 Pt. 2

2 of 2008

12 Mar 2008

27 Apr 2008 (see s. 2 and Gazette 24 Apr 2008 p. 1559)

Acts Amendment (Justice) Act 2008 s. 129

5 of 2008

31 Mar 2008

30 Sep 2008 (see s. 2(d) and Gazette 11 Jul 2008 p. 3253)

Acts Amendment (Consent to Medical Treatment) Act 2008 Pt. 4

25 of 2008

19 Jun 2008

27 Jun 2009 (see s. 2 and Gazette 26 Jun 2009 p. 2565)

Criminal Law Amendment (Homicide) Act 2008 Pt. 2 and s. 27

29 of 2008

27 Jun 2008

1 Aug 2008 (see s. 2(d) and Gazette 22 Jul 2008 p. 3353)

Reprint 14 2: The Criminal Code Act Compilation Act 1913 as at 3 Oct 2008 (includes amendments listed above except those in the Acts Amendment (Consent to Medical Treatment) Act 2008)

Acts Amendment (Bankruptcy) Act 2009 s. 26

18 of 2009

16 Sep 2009

17 Sep 2009 (see s. 2(b))

Criminal Code Amendment Act 2009

21 of 2009

21 Sep 2009

s. 1 and 2: 21 Sep 2009 (see s. 2(a));
Act other than s. 1 and 2: 22 Sep 2009 (see s. 2(b))

1aOn the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation

Short title

Number and year

Assent

Commencement

Prostitution Amendment Act 2008 s. 30 28

13 of 2008

14 Apr 2008

To be proclaimed (see s. 2(b))

2Reprints before Reprint 10 are not numbered. Reprint 10 and subsequent reprints are numbered consecutively but are out by one number.

3The Criminal Law Amendment Act 1996 s. 5(2) is a transitional provision.

4The Criminal Law Amendment Act 1996 s. 6(2) is a transitional provision.

5The Criminal Code Amendment Act (No. 2) 1996 s. 4(3) is a transitional provision.

6The Criminal Code is the Schedule to the Criminal Code Act 1913 which is Appendix B to the Criminal Code Act Compilation Act 1913.

7The Limitation Act 1935 s. 48A and the Second Schedule were inserted by No. 73 of 1954 s. 8.

8The Criminal Code Amendment Act 1962 s. 8 was repealed by No. 63 of 1963 s. 17.

9The Metric Conversion Act 1972 Second Schedule was inserted by the Metric Conversion Act Amendment Act 1973.

10The Criminal Code Amendment Act (No. 2) 1976 s. 3 is a validation provision.

11The Criminal Law Amendment Act 1986 s. 10 was repealed by No. 106 of 1987 s. 14(7).

12The Criminal Code Amendment Act (No. 2) 1987 s. 25 is a savings provision.

13The Criminal Law Amendment Act 1988 s. 50 deletes Schedule 2 item 8 of the Acts Amendment (Public Service) Act 1987 which had purported to amend The Criminal Code s. 384(1). Item 8 was ineffective and never took effect.

14The Criminal Law Amendment Act 1991 s. 6(3) and (4) are savings provisions.

15The Acts Amendment (Evidence) Act 1991 s. 3 is a transitional provision.

16The Acts Amendment (Sexual Offences) Act 1992 s. 6(7) and Sch. 1 are transitional and savings provisions.

17The Acts Amendment (Ministry of Justice) Act 1993 s. 68 and 69 are savings and transitional provisions respectively.

18The Sentencing (Consequential Provisions) Act 1995 s. 27 is a transitional provision.

19The Mental Health (Consequential Provisions) Act 1996 s. 20 is a transitional provision.

20The Corruption and Crime Commission Act 2003 Sch. 3 was renumbered as Sch. 4 by the Corruption and Crime Commission Amendment and Repeal Act 2003 s. 35(12) and the reference to it in s. 62 was amended by the Corruption and Crime Commission Amendment and Repeal Act 2003 s. 35(13).

21The Criminal Law Amendment (Simple Offences) Act 2004 s. 37 was repealed by the Criminal Law and Evidence Amendment Act 2008 s. 76(2).

22The amendment in the Criminal Law Amendment (Simple Offences) Act 2004 s. 35(4) to The Criminal Code s. 635A(5) is not included because s. 635A was repealed by the Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 24 before s. 35(4) commenced.

23The amendments in the Criminal Code Amendment (Racial Vilification) Act 2004 s. 7‑9 were repealed by the Criminal Law and Evidence Amendment Act 2008 s. 6(2), 7(2) and 8(2).

24The amendment in the Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 82 to The Criminal Code s. 5(11) is not included because s. 5(11) was amended by the Courts Legislation Amendment and Repeal Act 2004 s. 80 before s. 82 commenced.

25The amendment in the Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 Sch. 2 cl. 36 to amend s. 133A was deleted by the Criminal Law and Evidence Amendment Act 2008 s. 78(7).

26The amendment in the Nurses and Midwives Act 2006 s. 114 is not included because the section it sought to amend had been repealed by the Criminal Investigation (Consequential Provisions) Act 2006 s. 22 before the amendment purported to come into operation.

27The Criminal Investigation (Consequential Provisions) Act 2006 Pt. 5 Div. 2 reads as follows:

Division 2 — Transitional provisions

29.Search warrants and related matters

(1)In this section —

repeal day means the day on which section 27 comes into operation.

(2)This section does not limit the operation of the Interpretation Act 1984 Part V.

(3)If immediately before repeal day a warrant issued under The Criminal Code section 711 is in force but not executed, then, subject to the terms of the warrant, the warrant may be executed on or after repeal day and, if any thing is seized under it —

(a)despite section 711 and the warrant, the thing must not be taken before a justice to be dealt with according to law; and

(b)the Criminal and Found Property Disposal Act 2006 applies to and in respect of the thing.

(4)If immediately before repeal day a warrant issued under The Criminal Code section 716 is in force but not executed, then, subject to the terms of the warrant, the warrant may be executed on or after repeal day and, if any person is found under it, then, despite section 716 and the warrant, the person must be released unless another written law provides to the contrary.

(5)If immediately before repeal day a person is in possession of any thing seized or taken under The Criminal Code, then on repeal day, subject to any order previously made in respect of the thing under The Criminal Code section 714, the thing is to be taken to be seized property for the purposes of the Criminal and Found Property Disposal Act 2006 and that Act applies to and in respect of it accordingly.

(6)If immediately before repeal day proceedings under The Criminal Code section 714A in respect of any property are pending in the Magistrates Court, then section 714A operates in respect of the property on and after repeal day despite its repeal on repeal day.

”.

28On the date as at which this compilation was prepared, the Prostitution Amendment Act 2008 s. 30 had not come into operation. It reads as follows:

30.The Criminal Code amended

(1)The amendments in this section are to The Criminal Code.

(2)Section 190 is repealed.

(3)Section 191 is repealed.

(4)Section 557K(1) paragraph (h) of the definition of “child sex offender” is amended by deleting “Prostitution Act 2000” and inserting instead —

Sexual Services Act 2000 ”.

”.

 

Defined Terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined TermProvision(s)

accessory after the fact10

accused5(1)(b), 10G(2), 10H(2)

advice given546(12)

agent546(1)

aid148(1)

aircraft1(1)

alternative offence10B

amendment ActSch. 1 cl. 1

animal370

animosity towards76

applies force222

assault1(1), 222

associated place244(6)

attempts to commit offences4

Attorney General1(1)

behave in a disorderly manner74A(1)

belief171(1)

bodily harm1(1)

bribe1(1)

bulletproof clothing557I(1)

carnal connection6

carnal knowledge6

charge5(1)(b)

child1(1), 306(1), 320(1), 321(1), 322(1), 331A, 557K(1)

child sex offender557K(1)

circumstances of aggravation221(1), 319(1), 338D(1), 391, 400(1)

circumstances of racial aggravation80I

clerk1(1)

commencementSch. 1 cl. 1

Commissioner557I(1)

company1(1)

compound136(1)

computer generated image204B(1)

computer system440A(1)

conducting a business331C(1)

consent319(2)(a)

consort557J(1), 557K(1)

contract546(7)

conveyance1(1), 284(1), 390A(1)

court5(1)(b)

court of summary jurisdiction1(1)

criminal responsibility1(1)

criminally responsible1(1)

damage1(1)

dangerous goods294A(3)

dangerous thing305(1)

de facto child329(1)

deals with319(1), 563B(5)

deceptive material99(1)

declared drug trafficker557J(1)

defamatory345(7)

destroy1(1)

detriment97(1)

disclosure81(1)

display76

distribute76

District Court1(1)

drive284(1)

dwelling1(1)

election93

elector93

electoral conduct93

electoral material98(1)

electoral officer93

electronic communication204B(1)

enclosed land70B(1)

explosive substance1(1), 455, 557(2)

family and domestic relationship221(2)

female genital mutilation306(1)

forge1(1)

government contractor81(1)

grievous bodily harm1(1)

harass76

harm305A(1)

harmful act248(1)

holder of a judicial office121

home invader244(2)

impair305A(1)

in relation to his principal’s affairs or business546(11)

incapable person331A

incites1(1)

indecent act319(1)

indecent matter204B(1)

indictment1(1)

information81(1)

intimidate338D(1)

intoxicant206(1)

intoxicating substance305A(1)

judicial proceeding120

kill270

liable1(1)

lineal relative329(1)

material204A(1)

medical practitioner199(4)

member76

member of the crew1(1)

mental illness1(1)

mental impairment1(1)

money1(1)

mortgaged goods389

motor vehicle1(1)

night1(1)

night‑time1(1)

obstruct172(1)

obtains1(1)

offence2, 244(6), 563A(3), 563B(5)

offence A10B(1) and (2)

offender446(1)

offensive material204A(1)

official information81(1)

owner1(1), 70B(1)

password440A(1)

periodical343A(2)

person1(1)

person employed in the Public Service1(1)

person having business relations with the principal546(10)

person in authority70A(1)

picture204B(1)

place244(6), 254(1), 400(1)

police officer70A(1)

possession1(1)

prescribed offence321A(1)

principal546(2)

principal offence10D, 10E, 10F, 10G(1) and (2), 10H(1) and (2), 552(1), 553(1),

562(1), 558(1)

print98(1), 99(1)

prison145(1)

proceeds563A(3)

prohibited conduct187(1)

property1(1), 371(7), 414

provider305A(3)

provocation245

public officer1(1), 84

public place1(1)

public property446(1)

public servant81(1)

publish76, 98(1), 99(1), 345(7)

pursue338D(1)

racial group76

railway1(1)

receives1(1)

record1(1)

registered brand1(1)

registered mark1(1)

relevant period99(1)

restricted‑access computer system440A(1)

reward96(1)

riot62

riotously assembled62

seditious enterprises46

seditious intention44

seditious words46

seditious writing46

serious disease1(1)

servant1(1)

set305(1)

sexual act321A(1)

sexual service331A

ship1(1)

solicit any valuable consideration546(9)

special property371(2)

steal371

summarily1(1)

summary conviction1(1)

summary conviction penalty5

the occupant244(1), 254(2)

thing sent by post1(1)

threat332(4), 338

to indecently record319(1)

to sexually penetrate319(1)

transaction563A(3)

trespass70A(1)

trustee546(3)

unamended CodeSch. 1 cl. 2(1)

unauthorised disclosure81(1)

unlawful assembly62

use390A(1), 440A(1)

used in connection with an offence563B(5)

utter1(1)

valuable consideration546, (4), (5) and (6)

valuable consideration solicited546(9)

valuable security1(1)

vehicle1(1)

vessel1(1)

victim204B(1), 331D(1)(a) and (2)(a), 345(1)

volatile substance206(1)

wilfully destroy or damage443

writing397

written or pictorial material76

 

Index

References are to sections of The Criminal Code unless the following are mentioned:

Criminal Code Act Compilation Act 1913 (“CompAct”)

Criminal Code Act 1913 (“CCAct”)

A

Subject

Section

Abduction of child under 16

343

Abortion, performing, attempting to perform, act with intent to procure

199

Abuse of office— 

administering oath without authority

exercising jurisdiction when interested

generally

interfering with political liberty

by judge

by justice

by personating public officer

by public officer

 

86

139(2)

82, 83, 85

75

121

122

87

82‑85, 122

Accessory after the fact—

becoming, alternative conviction of

defined

offences generally

spouse, exception for

to indictable offence, offence of becoming

 

10D

10

562-563B

10

562

Accessory before the fact See Counselling

procuring

 

7(d)

Accident, no criminal responsibility for

23B

Account— 

agent, giving false to

falsification or destruction of—

by director or officer of company

defence to charge of

required in evidence

 

532

 

419, 420, 548

422

132

Accused person, search, arrest, interview, detention of etc. See Criminal Investigation Act 2006; Criminal Investigation (Identifying People) Act 2002

 

Acknowledgment of deed, false

512

Acquittal, former See Autrefois acquit

 

Act of Parliament See Statute

 

Action— 

civil, not affected by prosecution or conviction

fictitious, bringing on penal statute

none in respect of Act declared lawful by Code

saving of, commenced before compiled Act

saving of right of

 

737

141

CCAct s 5

CompAct s 3

CCAct s 5

Administration of justice, offences relating to

120‑143

Advertisement— 

as to reward for return of stolen property

inserting without authority of court

 

138

142

Affidavit, false statement in

169

Affirmation See Oath

 

Age— 

belief as to immaterial except where otherwise stated

immature, how it affects criminal responsibility

 

205, 331

29

Aged person, duty to provide necessaries for

262

Agent— 

commission agent included in term “clerk” or “servant”

corruption of See Secret commission

funds held under direction by

ownership of money received by

pledge or lien by, when not deemed stealing

funds received by agent for sale

stealing by

 

1

 

373

375

372(2)

374

372‑375, 378(9)

Aggravation See Circumstance of aggravation

 

Aiding See Counselling; Arrest

commission of offence

escape of prisoner

escapee

execution of— 

process

warrant

police officer, force by, to prevent escape

punishment for not in arresting offender or preserving the peace

Secret commissions, in offences in regard to

self defence, in

suicide

 

7(c), 187

145

148

 

225, 230, 231

226, 229, 230

233

176

536

248

288

Aircraft See also Conveyance

assaults on crew of

carrying dangerous goods

commencement and end of flight, interpretation of

discipline of

endangering safety of aircraft and passengers

piloting causing death or grievous bodily harm

stealing of

unauthorised use of

unlawful interference with mechanism of

 

318A

294A

1(2)

258

451A

284

378(4a)

390A

451B

Alcohol See Intoxicant; Intoxication

 

Alteration of— 

document, by director

valuable security, procuring by threat

 

548

399

Alternative offences, convictions— 

accessory after the fact

attempt to commit

generally

inciting another to commit the offence

to—

charge of attempt

charge of attempting to procure

charge of conspiracy

charge of procuring

joint charge of receiving

 

10D

10D

10A-10C

10D

 

10E

10H

10F

10G

10I

Animal— 

capable of being stolen

carnal knowledge of

confinement, when deemed in state of

defined

infected, travelling with

infectious disease, communicating to

injuring or killing See “damage”

killing, with intent to steal skin, etc

mortgaged, fraudulent disposition of

dead body of wild

tame

unlawfully using, taking

wild, taking dead body of

 

370

181, 319(4)

370

370

460

459

1

382, 426

389, 427

372(1)

370

429

372(1)

Answer— 

false (see Perjury)

in examination before Parliament

in examination before Royal Commission

to questions at elections

incriminating in civil or criminal proceedings

refusal to give before Parliament, etc

 

 

57

127

106

422, 738

59(2)

Appeals See Criminal Appeals Act 2004

 

Applies force, defined

222

Appropriation— 

fraudulent See Stealing

of electricity etc

of property, by director or officer

defence

 

 

390, 427

419

422

Aquaculture—

destroying organisms being reared by

taking organisms being reared by

when aquatic organisms may be stolen

 

437

436, 437

370

Aqueduct, interfering with work appertaining to

458

Arbitrator, corruption of

121

Armed, being— 

circumstance of aggravation, is

 

in a way that may cause fear

loaded, discharging to alarm persons in dwelling

with intent to enter and commit crime

 

319, 338D, 390A,

392, 393, 400

68

74(2)

407(a)

Arrest See also Criminal Investigation Act 2006

acts intended to prevent

aiding

of wrong person

punishment for not

assault to prevent

lawful, under process or warrant

making, use of force etc.

of offender, neglect to aid in

police officer, by See Police Officer

process, in execution of

rescue after, preventing

resisting

unlawful, not necessarily provocation for assault

warrant for

wrongful

 

294

225, 226

229

176

317A

225, 226

231

176

 

225

235

172

245

226

229

Arson See Damage, criminal

 

Articles of Association, false statement in

418

Asportation, in stealing

371(6)

Assault See Violence

aircraft crew

bodily harm, occasioning

causing death, consent immaterial

common

defined

excessive force is

grievous bodily harm, occasioning See Bodily harm

in defence of property against trespasser See Trespasser

in self‑defence See Self‑defence

indecent See Indecent assault

lawful— 

correction of child for

discipline of ship or aircraft, to maintain

escape or rescue, to prevent

repetition of insult, to prevent

riot, to suppress

sentence, process or warrant, to execute

violence by mentally impaired person, to prevent

person in charge of train, ferry or passenger vehicle

provocation for, defence of

serious

sexual See Sexual assault

surgical operation, to perform

unlawful

with intent— 

commit a crime, to

grievous bodily harm, to do

resist or prevent arrest or detention, to

 

318A

317

261

313

1, 222

260

294, 317A

252‑256

 

 

 

257

258

233, 235

247

238‑242

224‑231

243

318

245, 246

318

 

259

223

 

317A

317A

317A

Assembly, unlawful See Breach of the Peace; Riot; Unlawful assembly

 

Assisting See Aiding

 

Association— 

included in terms “person”, “owner”, etc

officer, etc, of, immaterial that person converting is

stealing by officer of

unlawful— 

defence of compulsion by person who has joined

oath in connection with, attempt to induce person to take

oath not to reveal

oath to join

oath, to obey order of

 

1

376

376

 

49

48(3)

48(1)(f), (g)

48(1)(d), (2)

48(1)(e), (2)

Attainders abolished

730

Attachment, removal of property to defeat

150

Attempt— 

indictable offence, to commit, offence of

offence, to commit—

alternative convictions, on charge of

defined

pervert justice

procure commission of offence, to— 

alternative convictions, on charge of

commission of crime out of Western Australia

simple offence under Code, to commit, offence of

 

552

 

10E

4

143

 

10H

556

555A

Attorney General— 

defined

consent of needed for prosecution

 

1

121, 343A

Auditor of company, false statement by

420

Authority— 

abuse of See Abuse of Office

false information to person in

interference with, of— 

Governor or Minister

Parliament

Parliament of, impairing, respect due to

proof of See Onus of Proof

public, offences against

statutory, disobedience to order under

 

 

170

 

54

55

56(2)

 

169‑178

178

Autrefois acquit, plea of

17

Autrefois convict, plea of

17

B

Subject

Section

Bail See Bail Act 1982

Bail Act 1982 not affected by Code

 

1(3)

Ballot papers See Elections

 

Bank draft included in term “money”

1

Bank note, included in term “money”

1

Bank or wall of canal, sea, river, etc., interfering with

458

Bargaining for office in public service

88

Beacon, marine— 

interfering with

with intent to endanger vessel

 

449(3)

457

Besetting See Stalking

 

Bestiality

181

Bill of sale, fraudulent removal of goods

389, 427

Bird, included in term “animal”

370

Birth See also Abortion

concealment of

killing child at

killing child before

 

291

269, 271

290

Boat See Ship; Vessel

1

Bodily harm— 

assault, occasioning

death, resulting in

defined

grievous— 

acts intended to cause

assault with intent to do

death following infliction of

defined

doing

murder resulting from intention to commit

setting or not removing dangerous thing likely to cause

use of force likely to cause— 

to prevent escape

upon provocation

in defence of property See Trespasser

negligent omission causing

robbery by person causing

threat to commit See Threat

unlawful act causing

 

317

274

1

 

294

317A

275

1

297

279

305

 

233, 235

246, 247

251‑256

304

392, 393

338

304

Book— 

account, of See Account

company, of, falsifying or destroying

destroying, required in evidence

falsification of See Account

refusal to produce, before Parliament

 

 

419(2), 548

132

 

59(1)

Boundary mark, removing

461

Box, opening locked, with intent to steal

378(5)(f)

Boy See Child

abduction of See Abduction

belief as to age See Defence of accused

under 14, deemed incapable of having carnal knowledge

under 16, permitting carnal connection with on premises

under 18— 

procuring, to be prostitute etc.

procuring, for carnal connection, by threats, fraud, etc.

 

 

 

29

186

 

191

192

Brand, registered— 

defined

using, with criminal intention

 

1

384, 427

Breach of the peace See also Riot; Unlawful assembly

generally

 

62-74A

Breaking— 

and entering See Burglary

dwelling, threats as to

 

 

74

Bribery— 

defined

election, in

holder of judicial office, of

juror, of

member of Parliament, of…

prosecution, to prevent or delay

public officer, of

witness, of

 

1

96

121(2)

123

60, 61

136

82

130

Brothel See also Prostitution

procuring person to become inmate of

 

191

Brother See also Child relative

insult to, may be provocation

 

245

Bulletproof clothing, possession of

557I

Buoy, marine, interfering with

457

Burden of proof See Onus of proof

 

Burglary— 

defence of dwelling from

generally

repeat offender of, defined (“three strikes”)

repeat offender of, punishment of

 

244

400, 401

400(3), (4)

401(4)-(6)

By‑law, construction of

CCAct s 3

C

Subject

Section

Canal, interfering with

458

Candidate at elections See Elections

 

Capable— 

of being killed, defined

of being stolen, what is

 

269

370

Capital of Company, concealment by officer on reduction of

547

Carcase, killing animal with intent to steal

382, 426

Carnal connection— 

animal, of an

defined

incapable person, with

procuring

relative, with

 

181

6

330

191, 192

329

Casting away ship

449

Cattle See also Animal; Brand

 

Certificate— 

false— 

procuring confinement of sane person on

 

 

336

public officer, by

lending, for personation

mixing articles bearing, with uncertified articles

personation of person named in

85

514

549

513

Challenge to fight duel

72

Charge— 

conspiracy to make false

fraudulent disposition of goods subject to

of indictable offence, threatening to make— 

for extortion

to induce crime

of offence, compounding or concealing

 

134

389, 427

 

398

398

136

Cheque See also Valuable Security

included in term “money”

 

1

Child See also Young Offenders Act 1994— 

abduction of See Abduction

birth, killing at

concealing birth of

correction by force

defined

desertion of

human being, when it becomes

illegitimate, taking away, by father

killing at birth

killing unborn

necessaries for

relative, offences against

sex offenders, consorting

stealing

article on person of

publication of report without authority, unlawful

unborn— 

killing

surgical operation upon

under 10, not criminally responsible

under 13, sexual offences against

under 14, criminal responsibility of

under 16—

outside WA, facilitating offences against

sexual offences against

under 18, sexual offences against

 

 

269, 271

291

257

1

344

269

343

269, 271

290

262, 344

329

557K

343

343

343A

 

290

259

29

204B, 320

29

 

187

204A, 204B, 321, 321A

322, 331B-331D

Children’s Court of Western Australia, jurisdiction of not affected by Code

1(6)

Circumstance of aggravation— 

defined for burglary

defined for Part V

defined for sexual assaults

defined for stalking

 

400

221

319

338D

Circumstances of racial aggravation, defined

1, 80I

Civil servant See Officer, public

 

Claim of right— 

defence of— 

land or vessel under

movable property under

movable property without

easement, in respect of

honest, defence of

obtaining possession of movable property held without

right of way, in respect of

 

 

255

252

253

256

22

253

256

Clerk or servant— 

defined

stealing by

 

1

378(7), 426

Code— 

application of, to offences— 

partially committed in WA

procured in WA to be committed out of WA

procured or counselled out of WA

application of, to sexual offences committed outside WA

commencement of operation of

defined

establishment of

provisions of, exclusive

rules of law, when unaffected by

repealed Acts, matters originating under to enure

saving of remedies

saving of proceedings instituted before commencement of

 

 

12, 415

14

13

187

CompAct s 1

CCAct s 2

CCAct s 2

CCAct s 4

CompAct s 3

CompAct, s 3

CCAct s 5, 737

CompAct s 3

Coercion See Sexual offences

 

Commercial sexual services, deceptive recruiting for

331D

Commission, secret See Secret commission

 

Common— 

law, certain consequences of on conviction, abolished

law, indictment for offence at, abolished

purpose, offence committed in prosecution of

 

730

CCAct s 4

8

Commonwealth of Australia, statutes of, indictable offence when triable and punishable under

 

CCAct s 4

Company— 

defined

false statement to induce person to become member of

false statement with intent to defraud member or

creditor of

falsification or destruction of books, etc, of

member of, criminal responsibility of

officer, etc, of— 

Attorney General to consent to prosecution

concealment by, on reduction of capital

defence to charge of fraud, etc, against

false statement by

false statement by, with intent to affect price of shares

falsification of books, etc, by

fraudulently appropriating property

stealing by

signing memorandum of association, etc, containing false statement

when included in terms “person”, “owner”

 

1

420(b)

 

420(a)

419(2), 548

34

 

421

547

422

420

421

419, 548

419

376, 378(8)

 

418

1

Compensation—

criminal injuries for See Criminal Injuries Compensation Act 2003

false belief, for expenses of investigating

graffiti, cost of cleaning

 

 

171

446

Complaint See Prosecution notice

 

Compounding offence

136

Compulsion, defence of, in case of unlawful oath

49

Computer system, unlawful operation of See also electronic communication

440A

Concealing— 

birth of child

deed

documents— 

by director, etc

evidence of title

names of creditors on reduction of capital of company

offence, giving or taking benefit with a view to

ore in mine

property— 

fraudulent

to defeat attachment

register

rescued or escaped mentally impaired person

royalty

stolen property, aiding in

will

 

291

381, 427

 

548

381, 427

547

136

385, 386, 427

 

527

150

379

149

386, 427

414, 426

380

Confinement, animal when deemed in state of

370

Consent— 

assault, notwithstanding

defined for provisions about Sexual assault

no defence in offences against morality

 

222, 223

319(2)

186, 191, 192

Consorting—

child sex offenders

declared drug traffickers

 

557K

557J

Conspiracy— 

alternative convictions, on charge of

defence of duress not available to person guilty of

false accusation, to bring

generally

indictable offence, to commit

justice, to defeat

seditious enterprise, to carry out

simple offence, to commit

unlawful purpose, to prosecute, each person liable in case of

 

10F

32

134

558‑560

558

135

52(1)

560

8

Construction, legal

reference to repealed Acts

terms, in statutes, by‑laws, etc

 

CCAct s 3(5)

CCAct s 3

Contempt of Court— 

authority of courts of record to punish for, not limited

disobedience to order of court

 

CCAct s 7

178

Contract, public officer interested in

84

Contributory of company, falsification of books by

548

Conversion, fraudulent See Stealing

defined

 

371(2)

Conveyance See also Aircraft; Vehicle; Vessel

defined

driving of (not motor vehicle) causing death or grievous bodily harm

unlawful use of—

motor vehicle

other

possession of thing to facilitate

 

1

284

 

371A

390A

557F

Conviction— 

alternative See Alternative offences, convictions

civil remedy, how affected by

not twice for contempt and offence

previous See Autrefois convict

summary See Summary conviction

 

 

737

CCAct s 7

 

 

Corporation See Company; Local government; Secret commission

 

Corpse, see Dead body

 

Corrosive fluid, putting anywhere, to do grievous bodily harm See Noxious thing

 

294(6), (7)

Corruption See also Abuse of Office; Bribery; Secret Commission, agents,

trustees, etc, of

bargaining for public office

judicial

jurors, of

official

official, not judicial, but relating to offences

receiving benefit for recovery of property, stolen, etc

trustees, etc, of

witness, of

 

529‑546

88

121

123

83

122

416

529‑546

130

Counselling See also Procuring

commission of offence

by person out of Western Australia

person counselling, is a “principal offender”

suicide

 

7, 9

12, 13

7

288(2)

Court See also Judge; Supreme Court

advertisement, inserting, without authority of

constitution of, before which perjury committed immaterial

contempt of See Contempt of Court

disobedience to order of

obstructing officer executing order of

of record, power of, to punish for contempt of court

officer of— 

obstruction of

refusal by, to perform duty

 

142

124

 

178

151

CCAct s 7

 

151

173

Court of summary jurisdiction See also Justice of the Peace

charge that may be dealt with summarily, procedure on

defined

effect of conviction of indictable offence by

 

5

1

3

Creditor— 

company of, false statement to defraud

concealment of name of, on reduction of capital

concealing or removing property to defraud

 

420(a)

547(1), (2)

527

Crime See also Criminal responsibility

accessory after the fact to See Accessory

arrest without warrant for See Arrest

attempt to commit or to procure commission of See Attempt

compounding

conspiracy to commit

person found armed, etc, with intent to commit

preparation to commit

prevention of See Criminal Investigation Act 2006

proceeds of See Proceeds of crime; Property laundering

term “felony” in statute, by‑law, etc, means

 

562

 

4, 552, 556

136

558

407

474, 557

 

 

CCAct s 3(1)

Criminal damage

444

Criminal investigation See Criminal Investigation Act 2006; Criminal Investigation (Identifying People) Act 2002

 

Criminal law, application of

11‑17

Criminal procedure See Criminal Procedure Act 2004

 

Criminal responsibility— 

age, immature, how it affects

arrest of wrong person, in case of

defined

delusion on some specific matter, how it affects

emergency, in

execution of illegal sentence, process, or warrant, in case of

execution of irregular process, or warrant, in case of

ignorance of law, how it affects

intention, how it affects

intoxication, how it affects

judicial officer, of

killing person, for, notwithstanding consent

mistake of fact, how it affects

motive is in general immaterial as regards none See also Defence

none for act or omission under duress

none for act or omission under lawful authority

none for injury to property caused in self‑defence

none for unwilled act or omission

none in case of accident

none when honest claim of right

partner and member of company, of

sanity, presumption of

unsoundness of mind, how it affects

 

29

229

1

27

25

227, 228

230

22

23

28

30

261

24

23

32

31

441

23A

23B

22

34

26

27

Criminally responsible, defined

1

Crops, fraudulent disposition of mortgaged

389, 427

Crown See also Sovereign

included in terms “person”, “owner”, etc

 

1

Culpable driving (not of motor vehicle) causing death

284

Custody See also Escape; Rescue

freeing offender serving sentence of life or more than 20 years from

unlawful, of person suffering from mental disorder

 

144

337

Custom, defence of

542

D

Subject

Section

Damage See also Destruction; Graffiti; Injury

criminal

defined in relation to animate property

defined in relation to a record

definition of “wilfully destroy or damage”

false belief as to, creating

unlawful

 

444

1

1

443

171

445

Dangerous See also Endangering; Explosive substance

act— 

carelessness in doing

duty of person doing

goods, on aircraft

instrument See Armed; Instrument

 

 

substance, possession of in suspicious circumstances

thing— 

duty of person in charge of

sending, to do grievous bodily harm

setting or not removing

 

 

267

265

294A

 

 

 

557

 

266

294(4), (5), (6)

305

Daughter, sexual offences against

329

Dead body— 

interfering with to hinder inquiry

misconduct with regard to

of child, secreting

of wild animal is capable of being stolen

 

215

214

291

370, 372(1)

Dealing with— 

defined for provisions about Sexual assault

indecently See Indecent dealing

mineral in mine, fraudulent

property used in connection with offence

property, fraudulently

uttering includes

 

319(1)

 

385, 427

563B

527

1

Death— 

acceleration of

causing, is “killing”

childbirth, by acts done at

consent to, by deceased is no excuse for homicide

culpable driving of conveyance (not motor vehicle) causing

deceit, cause by

false belief as to, creating

following infliction of bodily harm

necessaries, caused by not supplying

prevention of, by proper precaution

setting or not removing dangerous thing likely to cause

surgical treatment, in consequence of

threat, caused by

use of force likely to cause— 

to prevent escape

upon provocation

want of skill or care in treatment, caused by

 

273

270

271

261

284

272

171

274, 275

262, 263

274

305

275

272

 

233, 235

246, 247

265

Debt, misrepresentation as to by director, on reduction of capital

547(2)

Deceit See also False; Forgery; Fraudulent

causing death by

intoxicating by

practising, to affect testimony of witness

recruiting for sexual services, when

 

272

305A

131

331D

Declaration, false statement in See also Oath

169

Declared drug traffickers, consorting

557J

Deed See also Document; Valuable Security

concealing

falsely acknowledging

procuring execution of, by threat

 

381, 427

512

399

Defacing— 

boundary mark

marine light, beacon, etc See Marine light

 

461

457

Defamation

345

Defence See also Criminal responsibility; Evidence; Onus of proof; Plea

of accused— 

accident

against harmful act

autrefois acquit See Autrefois acquit

autrefois convict See Autrefois convict

belief that child was 13 or over

belief that child was 16 or over

 

 

belief that child was 18 or over

claim of right See Claim of right

defence of property

duress

emergency

former acquittal See Autrefois acquit

former conviction See Autrefois convict

home invasion against

ignorance of law

intoxication or stupefaction

lawful authority

married to victim

 

necessity

provocation

self defence

surgical operation for benefit of patient

unwilled act or omission

of custom, in cases of corruption of agents, etc

of person against harmful act

of property, against trespasser See Trespasser

of want of knowledge— 

on indictment for attempting offence

of age of victim

on charge of— 

child‑stealing

consorting with child sex offender

consorting with declared drug trafficker

dealing with property used in connection with offence

defamation

fraud, against trustee or officer of company

injuring property

permitting carnal connection with child on premises

possessing property suspected of being stolen etc.

property laundering

taking unlawful oath, compulsion, how far a

self See Self‑defence

 

 

23B

248

17

17

204B(11)

186, 204A(4), 204B(10), 321(9), 321A(9)

322(7)

22

251‑255

32

25

17

17

244

22

28

31

321(10), 321A(10), 322(8), 330(9)

265

246

248

259

23A

542

248

251‑256

 

4

205, 331

 

343

557K

557J

563B

345

422

441

186

428

563A

49

Defence Force, officer of— 

giving information of, unlawful oath to

order by, as to suppression of riot

subject to Code and special Laws

 

49

242

15

Defendant See Accused person

 

Definitions See list of Defined Terms after the notes to this compilation

 

Delusion, criminal responsibility in case of

27

Demanding property, with threats

396, 397

Depot, stealing from

378(5)(c)

Deprivation of liberty

333

Desertion of child under 16

344

Destroy— 

defined in relation to animate property

definition of “wilfully destroy or damage”

 

1

443

Destruction of See also Damage; Injury

documents, accounts, etc See Account

evidence

fish or other aquatic organisms

property— 

by explosive, attempt to cause

ship See Ship

valuable security, procuring See Valuable Security

 

 

132

437

 

454, 455

449

399(a)

Detention See also Arrest

assault, to prevent

child, of, fraudulent

disabling person to prevent arrest or

mentally impaired person, of

necessaries for person in case of

process or warrant under lawful

 

317A

343(1)

294

337

262

225, 226

Detriment— 

causing, by deceit or fraudulent means

kidnapping, with to intent to cause

threats to cause

threats with intent to cause

 

409

332

338B

338A

Director See Company, officer of

 

Director of Public Prosecutions, consent of needed for prosecution

80H, 321A, 345, 563B

Disabling, with intent to commit offence

292, 294

Discipline— 

domestic

of ship or aircraft

 

257

258

Disclosure— 

of fraud, by trustee or officer of company when a defence

of official secrets See Secrets

 

422

81

Discovery of documents, no excuse from making in certain cases

738

Disease— 

infectious— 

communicating, to animal

travelling animal with

serious— 

defined

transmitting

transmitting

 

 

459

460

 

1

1(4)

1(4)

Disfigure, unlawful act with intent to

294

Disguise—

possessing thing for use as when committing offence

wearing with intent to commit offence

 

557H

407(e)

Disobedience to— 

lawful order, issued under statute

statute law

 

178

177

Disorderly— 

behaviour in public

conduct in presence of Parliament

person, removal of, from premises

 

74A

56(2)

254

Disposing of See also Fraudulent disposition

dead body of child, to conceal birth

stolen property, aiding in

 

291

414, 426

DNA See Forensic procedures

 

Dock, interfering with work appertaining to

458

Doctor See Medical practitioner

 

Document— 

alteration of See Alteration

company of See Company

concealment of See Concealment

execution of See Execution

false, acknowledging

falsification or destruction of— 

company, of

required in evidence

giving false to agent

lending for personation

official secret, containing, communicating

personating person by uttering

production of before Parliament or Committee

title of See Title

uttering See Uttering

valuable security, which is

 

 

 

 

 

512

 

419, 420, 548

132

532

514

81

513

59(1)

 

 

1

Domestic discipline

257

Draft, bank, term “money” includes

1

Drink spiking

305A

Drug See also Intoxicant; Misuse of Drugs Act 1981

administering— 

indictable offence, to commit

injure, with intent to

procure carnal connection, to

possession of with intent to facilitate offence etc.

traffickers, declared, consorting

 

 

293

301(2)

192

557D

557J

Duel, challenge to fight

72

Duress, act or omission under, criminal responsibility for

32

Duty— 

neglect to perform See Neglect; Negligence

preservation of human life, relating to

refusal of public officer to perform

 

 

262‑267

173

Dwelling See also House

being armed with intent to break

committing offence in

defence of

defined

discharging firearms to alarm person in

entering, with intent to commit offence

protection of, by persons is not unlawful assembly

setting dangerous thing at night in

stealing from

threat to break or injure

 

407(a), (b)

401

244, 254, 255

1

74(2)

401

62

305

378(5)(b)

74(1)

E

Subject

Section

Easement, exercise of right‑of‑way or

256

Elections—

application of Ch XIV

ballot papers for, forging etc.

bribery in

candidate in, offences by

electoral officers for, offences by

evidentiary provisions for prosecutions of offences at

false statements in connection with

generally

impersonating elector in

interference in franchise at

material for—

deceptive, false or defamatory matter in

identification of publisher etc., to carry

polling places for, offences at

postal voting at, offences

secrecy of ballot at, breaching

threats in

undue influence in

voting when not entitled

 

94

103

96

95, 100

105

107

106

93-107

102

97

 

99

98

101

100

104

97

97, 105

102

Electric power, fraudulent appropriation of

390, 427

Electronic communication, using to—

expose child under 16 to indecent matter

procure sexual activity by child under 16

 

204B

204B

Embezzlement See Stealing

 

Embracery

123

Emergency— 

criminal responsibility in

suppression of riot in case of

 

25

241

Employer See also Master

escaped prisoner of

 

148

Endangering people— 

aircraft members or passengers

child

death resulting from act that endangers

generally

life, health or safety of person

 

294A, 451A

344

279

292‑306

265, 266, 267,

304, 305

Enticing away See Abduction

 

Entry— 

building etc of, defined

dwelling, of See Dwelling

land, upon See Land

property, of, by trespasser See Trespasser

ship, upon, force to prevent

to prevent or investigate offence See Criminal Investigation Act 2006

wrongful See Trespass; Trespasser

 

400

 

 

251‑256

254, 255

Escape— 

aiding

harbouring, maintaining, employing prisoner after

lawful custody, from

mentally impaired person, of

offender, of, disabling with intent to facilitate

permitting, of accused or prisoner

preventing— 

from wreck

of accused or prisoner

prisoner, by

punishment, assisting spouse to

rescue of mentally impaired person after

 

145

148

146

149

292, 293

147

 

295

233, 235

146

10

149

Escheats abolished

730

Evidence See also Affidavit; Defence; Onus of Proof; Presumption; Witness

destroying

fabricating

false See also— 

Parliament, before

Royal Commission, before

oath not to give, is unlawful

 

on charge of— 

sexual offence by relative

showing child indecent matter or procuring sexual activity

stealing child under 16

preventing witness from producing

provocation for assault, of

withholding for a benefit

witness, refusing to give, before Parliament

 

132

129

 

57

127

48(1)(f)

 

 

329(11)

204B(9)

343

133

245

136

59

Excessive force See Force

260

Excuse See also Defence

ignorance of law in general, is not

onus of proof on person alleging See Onus of proof

 

22

 

Execution of— 

deeds, etc, procuring, by threat

judgment See Judgment

law, no criminal responsibility in respect of act done in

process See Process

sentence See Sentence

warrant See Warrant

 

399

 

31

 

224

Executive Council, member of, interference with

54

Explosion— 

attempting to cause, etc

likely to injure property, causing

 

455

454

Explosive substance— 

attempt to destroy property by

defined

exploding, to do grievous bodily harm

making or having in possession

placing or throwing, to do grievous bodily harm

sending, to do grievous bodily harm

 

455

1, 455

294(3)

455, 557

294(6), (7)

294(4)

Extortion— 

attempt at, by threat

demanding property by written threat with object of

 

397, 398

397

F

Subject

Section

Fabricating evidence

129

Face, disguising, with intent to commit crime

407(e)

Fact— 

accessory after the See Accessory

mistake of, criminal responsibility how affected by

 

 

24

Factor, pledge or lien by, when not deemed stealing

372(2)

False See also Fraudulent

accounting See Account

accusation, conspiracy to bring

acknowledgment of deed, recognizance, etc

belief as to offence, fire etc., creating

books of account, etc, keeping See Account

certificate See Certificate

claim See Claim

declaration See Declaration

document See Document; Forgery

evidence See Evidence; Perjury

information to official

light or signal See Marine light; Railway light

pretence See also Fraud

procuring person for carnal connection, by

representation— 

certificate, as to being person named in

debt of creditor, as to, on reduction of capital

public officer, as to being

testimony of witness, to affect

report as to offence, fire etc., making

return as to moneys received by public officer

statement— 

as to the existence of threats

official of company, by

on oath or in statutory declaration

public officer, by, touching remuneration

security, to induce person to enter into

testimony of witness, to affect

testimony See Perjury

writing See Document; Forgery; Writing

 

 

134

512

171

 

 

 

 

 

 

170

 

 

192

 

513

547(2)

87

131

171

85

 

338C

420, 421, 422

169

85

420(b)

131

Falsification of records, fraudulent

424

Family, duty of head of, to provide necessaries

263

Father See also Guardian; Parent

sexual offences by

 

329

Fear See also Duress; Threats

being armed in a way that may cause

 

68

Felony, construction of term, in statute, by law, etc

CCAct s 3(1)

Female See Girl; Woman

 

Female genital mutilation

306

Fight— 

challenge to, a duel

in public that may cause fear, taking part in

prize

 

72

71

73

Film See Picture

 

Finding, stealing by

371(5)

Fingerprints See Forensic procedures

 

Fire—

damage by

false belief about, creating

 

444

171

Firearms See Armed; Firearms Act 1973

 

Fish—

destroying

fishing unlawfully

when may be stolen

 

437

436, 437

370

Flooding mine

456(1)(a)

Fluid, corrosive, unlawful use of

294(6), (7)

Food See also Necessaries

spiking

 

305A

Forensic procedures—

on suspects etc. to look for evidence See Criminal Investigation Act 2006

on suspects etc. to obtain identifying material See Criminal Investigation (Identifying People) Act 2002

 

Force See also Duress

disorderly person, to remove, from land, vessel, etc

domestic discipline, to maintain

excessive

what is

land— 

wrongful entry on, by

wrongfully holding possession of, by

private person, by— 

to prevent offences See Criminal Investigation Act 2006

to suppress riot— 

under order of justice

without order of justice

provocation, in case of

sentence, process, or warrant, to execute

use of, to prevent— 

offences or violence See Criminal Investigation Act 2006

entry on vessel

entry upon land

escape

home invasion

injury to person or property

movable property being taken by trespasser See Trespasser

repetition of insult

riot

 

254

257

233

260

 

69

70

 

 

 

240

241

246

231

 

 

254, 255

254, 256

233, 235

244

441

251‑253

247

238, 239, 242

Forcible entry on land

69

Forcible detainer of land

70

Foreign government, prosecution only at request

556

Forfeiture to State of things related to offence—

general power to order for any offence

under Ch. XI

under Ch. LVIIA

 

731

80J

557C

Forfeitures at common law, abolished

730

Forge, defined

1

Forgery and uttering

preparation for

473

474

Former acquittal See Autrefois acquit

 

Former conviction See Autrefois convict

 

Fraud

409

Fraudulent See also False

accounting See Account

acts— 

injury to property, causing

testimony of witness, to affect

trustees and officers of company, or corporation, by

appropriation See Appropriation

attempt to influence member of Parliament

conversion See Stealing

defined

dealing with— 

mineral in mine

property to defraud creditors

detention of child

device See False Pretences; Fraudulent trick

disposition of— 

mortgaged goods

ore in mine

falsification of records

intention— 

acts causing injury to property done with

claim of right without

onus of proof as to See Onus of proof

means, property recovered by, taking reward, in case of

procuring carnal connection

representation See False Representation

taking, defined

 

 

 

442

131

419

 

61(2)

 

371(2)

 

385, 427

527

343(1)

 

 

389, 427

385, 427

424

 

442

22

 

416

192

 

371

G

Subject

Section

Gaseous substance— 

fraudulent appropriation of

included in term “explosive substance”

 

390, 427

1

Gazette, unauthorised advertisement in

142

Girl See Child

administering drug, etc, to See Drug

belief as to age See Defence of accused

genital mutilation of

under 16, permitting carnal connection with on premises

under 18— 

procuring, to be prostitute etc.

procuring, for carnal connection, by threats, fraud, etc.

 

 

 

306

186

 

191

192

Glue See Intoxicant

 

Good faith— 

arrest of wrong person in

claim of right in

executing— 

illegal sentence, process, or warrant in

irregular process or warrant in

mistake of fact in

operation upon patient or unborn child in

seditious intention, when material on charge of

surgical or medical treatment applied in, death from

using force in— 

in aid of persons provoked

under order of justice

 

229

22

 

227, 228

230

24

259

45

275

 

250

240

Goods— 

capable of being stolen

dangerous on aircraft

defence of— 

against trespasser

with claim of right

without claim of right

duties as to, of person in control of

in transit, stealing

making movable, with intent to steal

mortgaged, fraudulent disposition of

obtained by fraud

seizure of See Seizure

shipwrecked See Shipwrecked goods

stolen See Stolen Property

 

370

294A

 

251

252

253

266

378(5)(c)

383, 426

389, 427

409

 

Government— 

foreign See Foreign Government

seditious intention against

 

 

44, 45

Governor, interference with

54

Graffiti See Damage

cost of cleaning

possession of thing with intent to cause

 

446

557G

Grievous bodily harm See Bodily harm

 

Guano, removing without licence

387, 427

Guardian— 

abduction from custody of See Abduction

insult to, with respect to child may be “provocation”

sexual offences by

stealing child from

use of force by, by way of correction

 

 

245

321, 322, 330

343

257

Gun See Armed; Firearms

 

Gunpowder See Explosive substance

 

H

Subject

Section

Harbour, interfering with work appertaining to

458

Harbouring— 

escaped prisoner

spouse

stolen child

 

148

10

343(2)

Harm See Bodily harm; Injury

 

Health— 

bodily injury causing permanent injury to, is grievous bodily harm

bodily injury interfering with, is bodily harm

disease, transmitting is bodily harm

duties to preserve

endangering

offences endangering, see Endangering

serious disease, transmitting is grievous bodily harm

 

1

1

1(4)

262, 263, 265, 266

304, 305

292‑306

1(4)

Hide See Skin

 

Hindering See Obstruction

 

Holder of a judicial office, defined

121

Home invasion, defence against

244

Homicide See Killing; Manslaughter; Murder; Suicide

 

Honest claim of right effect on criminal responsibility

22

House See also Dwelling

defence of

 

244, 254, 255

Housebreaking See also Dwelling; Burglary

possessing instrument for

 

407(c), (d), 557E

Householder— 

permitting defilement of young girls on premises

permitting defilement of males under 21 on premises

 

186

186

Husband See Spouse

 

I

Subject

Section

Ignorance of law in general no excuse

22

Illegal See also Branding; Elections; Unlawful

 

Illegitimate child, taken away, by father

343

Immorality, offences relating to

181‑205

Imperial Statutes— 

indictable offence, when triable and punishable under

 

CCAct s 4

Impersonation See Personation

 

Incapable person, sexual offences against

330, 331B-331D

Incest

329

Incitement to—

commit offence, alternative conviction of

commit indictable offence

commit simple offence under Code

racial hatred

 

10D

553

555A

76‑80I

Incriminating answers—

no excuse from giving in certain cases

protection for giving in certain cases

 

738

540, 541

Indecent— 

acts

act with intent to offend

assault

aggravated

dealing— 

child relative, with

child under 13, with

child under 16, with

child under 18, with

defined

incapable person, with

interference with dead body

matter, using electronic communication to expose child to

recording— 

child relative, of

child under 13, of

child under 16, of

child under 18, of

defined

incapable person, of

 

203, 319(1)

204

323

324

 

329(4)

320(4)

321(4)

322(4)

319(3)

330(4)

214(2)

204B

 

329(6)

320(6)

321(6)

322(6)

319(1)

330(6)

Indictable offence— 

accessories after the fact to

attempt to commit

conspiracy to commit

effect of summary conviction for

incitement to commit

procedure on charge of

receiving thing obtained by See Stolen property

summary conviction for See Summary conviction

taking reward for recovery of property obtained by means of

threatening to make charge of

time for prosecution of

triable and punishable only under Code or other statute

 

562

552

558

3

553

3

414, 426

 

416

398, 399

3

CCAct s 4

Infanticide See Murder

 

Infectious disease See Disease

 

Injury to See also Alteration; Damage; Defacing; Destruction

bank or wall of sea, etc See Bank or Wall

person See Bodily Harm

false belief as to, creating

prevention of, by proper precaution

property— 

on Railway See Railway

self‑defence, caused in, no criminal responsibility for

“unlawful act”, with reference to

unlawful, if done with intent to defraud

 

 

 

171

274

 

451

441

441, 442

442

Inoculation See Medical treatment

 

Insanity See Incapable person; Mental impairment; Unsoundness of mind

 

Instrument See also Document

dangerous See also Armed

being armed with

for housebreaking

person armed with when stealing intending to steal

possessing, to commit offence

setting, to injure trespasser

testamentary See Will

title of See Title

using, to open locked room, etc, when stealing

 

 

407(a), (b)

407(c)

392, 393

407(c), (d)

305

 

 

378(5)

Insult— 

amounting to “provocation”

indecent act, with intent to

insulting behaviour, language

prevention of repetition of

 

245, 246

204

74A

247

Intent to influence with threats

338A

Intention

common, to prosecute unlawful purpose

fraudulent See Fraudulent intention

how far material, on charge of— 

attempting to commit offence

murder

unlawful assembly, taking part in

material, on charge of fraudulent conversion

not seditious

particular result, to cause, in general material

seditious See Sedition

defined

to defraud See Fraudulent intention

23

8

 

 

4

279

62

371(2)

45

23

 

44

 

Interest— 

in thing injured, injury by person having

in thing stolen, stealing by person having

justice having personal, exercising jurisdiction

 

441

376

139(2)

Interference with See also Injury; Obstruction; Removal

administration of justice See Justice

bank or wall of sea, etc See Bank or wall

boundary mark

dead body

elections, secrecy at

elector

Governor

Minister

navigation works

Parliament

political liberty

possession of land See Land

railway See Railway

 

122(1)

 

461

214(2)

104

97, 100, 101

54

54

458

55

75

 

451, 462

Internet See computer, electronic communication

 

Interpretation of terms See list of Defined Terms after the notes to this compilation

 

Interrogatory, answer to

738

Intoxicant—

administering deceptively

defined

offence committed under influence of, liability for

supplying to people likely to abuse

 

305A

206

28

206

Intoxication, effect of on criminal responsibility

28

Invoice, giving false to agent

532

Irregular process or warrant, execution of

230

J

Subject

Section

Judge— 

or judicial officer, corruption of

criminal responsibility of

interested in property adjudicated upon

not criminally responsible for judicial acts

 

121

30

85

30

Judgment—

concealing or removing property, before satisfied

execution of, no criminal responsibility for act done in

 

527

31

Judicial—

corruption

officer See Judge

proceeding, defined

 

121

 

120

Jurisdiction— 

execution of sentence, process or warrant without

justice exercising, when personally interested

territorial, of Western Australia See Western Australia

 

228

139(2)

 

Jury See also Criminal Procedure Act 2004; Juries Act 1957

corrupting or threatening

threatening

 

123

123

Justice, administration of— 

acts and offences relating to

attempt to pervert

conspiracy to defeat

escape from See Escape

giving or taking benefit, with a view to interference with

obstructing officer executing order concerning

seditious intention against— 

what is

what is not

 

121, 143

143

135

 

122

151

 

44(b)

45(b)

Justice of the Peace— 

corruption of

not acting judiciously

disqualification of, when interested

information to, as to unlawful oaths

interested, acting when

oppressively, acting

 

121

122

139(2)

49

139

139

not assisting, to arrest offender or preserve the peace

riot, suppression of— 

by

by order of

without order of

unlawful assembly, suppression of

176

 

66, 239

240

241

64

Justification of act or omission See Onus of proof

31

K

Subject

Section

Key, opening room, box, etc, with, when deemed stealing

378(5)(f)

Kidnapping

332

Kill, oath to, administering, taking etc.

47

Killing See also Manslaughter; Murder

animal, with intent to steal skin, etc

consent to death no excuse for

deceit, by

defined

hastening death by

in self defence

threats, by

unborn child

unlawful

unlawful, is murder or manslaughter

when death caused by subsequent treatment

when death preventable by proper treatment

 

382, 426

261

272

270

273

248

272

199, 259, 290

268, 277

277

275

274

L

Subject

Section

Land See also Dwelling

animal, wild, on, when capable of being stolen

boundary mark on, removal etc. of

disorderly person on, lawfulness of acts to remove

dwelling on, lawfulness of acts in defence of

entering, forcibly

“obtains”, defined in relation to

pigeons in pigeon-house on, capable of being stolen

possession of, keeping forcibly when not entitled

possession, rightful, of, defending

“receives”, defined in relation to

right-of-way over etc., lawfulness of acts to prevent exercise of

title to, concealing fraudulently

 

372

461

254

244

69

1

370

70

255

1

256

381

trespasser on—

name and address of, may be asked for

lawfulness of acts in defence against

trespassing on

 

70B

254

70A

Legislature See Parliament

 

Liable, defined

1

Libel See Defamation

 

Liberty— 

deprivation of

mentally impaired person, of, unlawful interference with

political, interfering with

threat to interfere with personal

 

333

337

75

338

Lien See also Mortgage; Pledge

fraudulent disposition of goods subject to

giving, by factor or agent, when not deemed stealing

included in term “special property”

 

389, 427

372(2)

371(2)

Life— 

endangering

offences endangering health or See Endangering; Health

preservation of— 

duty relating to

operation for

saving, obstruction of person, in case of shipwreck

 

304, 305

292‑306

 

262‑267

259

295

Light See Marine; Railway

 

Limitation of time for prosecution in case of—

indictable offence

military activities, unlawful

sedition

 

3(3)

51(3)

52

Liquor See Intoxicant

 

Loan advanced against stolen or lost property, offer to repay

138

Local government elections, Ch XIV of Code, not to apply to

94

Lost property—

advertisement for return of

conversion of, when not stealing

 

138

371(5)

M

Subject

Section

Machinery, mine in, obstructing working of

456

Magistrate See Justice of the Peace

 

Maiming, acts done with intention of

294

Maintenance See also Necessaries

of escaped prisoner

 

148

Man See Boy; Spouse

 

Manslaughter See also Killing

killing in excessive self defence is

277, 280

248

Mantrap, setting or not removing

305

Marine— 

light, mark, or signal, interfering with or removing

light or mark, exhibiting false

 

449(3), 457

449(3)

Mark See also Brand; Branding; Marine

boundary, removing

goods with, mixing with unmarked goods

 

461

549

Mask, wearing, with intent to commit offence

407(e)

Master of Ship, See Employer; Ship

use of force by to maintain discipline

 

258

Mayor, not assisting, to arrest offender or preserve the peace

176

Mechanical power, fraudulent appropriation of

390, 427

Medical— 

practitioner, responsibility of for surgical operation

treatment— 

death arising from, after grievous bodily harm

death caused by improper, when immaterial

duty in case of surgical or

inoculation, no liability for

 

259

 

275

274

265

259A

Meeting—

for unlawful military activities

in unlawful assembly See Unlawful assembly

 

51(1)(b), (2)

62

Member of— 

company See Company

Executive Council, interference with

Parliament— 

bribing

interference with

intimidation of

receiving bribes

 

 

54

 

61

55

61(2)

60

Memorandum, of association, signing false

418

Mental illness, mental impairment, person suffering from— 

defined

false certificate respecting

necessaries, duty to provide for

prevention of crime or violence by

rescuing or permitting escape of

unlawful custody of

 

1

336

262

243

149

337

Metal, in mine, concealment of

385, 427

Military See also Defence Force

activities, unlawful

law, suppression of riot by person bound by

 

51

242

Mine— 

attempt to injure

concealment of ore in

fraudulent dealing with mineral in

obstructing working of

unfastening rope, chain, or tackle in

 

456

385, 427

385, 427

456

456(3)

Minister of Crown, interference with

54(2)

Minor See Age; Child

 

Mistake of fact, criminal responsibility, how affected by

24

Mixing uncertified with certified articles

549

Money See also Bribery

advanced on stolen property, offer to return

agent for sale, received by

stealing

collector of is “clerk” or “servant”

defined

direction in writing, held under

stealing

company, to, to induce person to make false statement

fraudulently dealing with property to defeat order for

immaterial on charge of exhibiting indecent show, etc

order for, is “money”

received— 

by agent for sale, stealing

for another, is deemed the property of that other

reward for See Reward

stealing See Stealing

 

138(2)

374

378(9)

1

1

373

378(9)

420(b)

527

202, 203

1

 

374, 378(9)

375

Morality, offences against

181‑205

Mortgage See also Lien; Pledge

goods subject to, destroying, damaging, fraudulent disposition of

included in term “special property”

 

389, 427

371(2)

Mother See Guardian; Parent

 

Motive, immaterial in general

23

Motor vehicle— 

defined

unauthorised use etc

stealing, punishment for

 

1

371A

378(2)

Moveable property See Goods

 

moving, is an element of stealing

371(6)

Murder See also Killing

accessory after the fact to

attempt to

construction of term, in statute, by‑law, etc

crime of

 

10

283

CCAct s 3(2)

277, 279

N

Subject

Section

Navigation works, interfering with

449, 457, 458

Necessaries— 

duty to provide

failure to supply

parent, etc, duty of, to provide

 

262, 263, 344

344

263

Necessity, doing dangerous act in case of

265

Neglect, See also Negligence

burial, with respect to

by person administering medical treatment

by person doing dangerous acts

by person in charge of dangerous things

child under 16, to maintain

information to give, with respect to taking unlawful oath

necessaries, to supply

Parliamentary Committee, to obey summons of

to aid in arresting offender or preserving the peace

 

214(1)

265, 275

265, 267

266

344

48

344

59(1)

176

Negligence See also Neglect

bodily harm, causing

life, health or safety, endangering

 

304

304

Negotiable instrument See also Bank note; Valuable security

 

Night— 

having housebreaking instrument at

night‑time, defined

setting dangerous thing in house at, not unlawful

threatening violence at

 

407(c)

1

305

74

Notice— 

right of way, as to disputed

warrant or process, of, to be given if practicable

 

256

231

Noxious thing See also Drug; Explosive

causing to be administered

possessing with intent to commit crime

sending, to do grievous bodily harm

 

301(2)

557

294(4), (5)

O

Subject

Section

Oath See also Affidavit; Declaration

administering extra‑judicial

compulsion to take, when a defence

false statement in statement made under

falsely assuming authority to administer

not to inform against confederate

not to reveal unlawful association

to commit offence other than capital offence

to kill

to obey order of unlawful association

 

86

49

169

86

48(1)(f)

48(1)(g)

48, 49

47

48(1)(e)

Obscene See also Indecent; Offensive material

act in public

 

202

Obstruction of See also Interference; Resisting

election, proceedings at

justice See Justice, administration of

navigation See Navigation

officer of court of justice

person dispersing riot

person saving life of person wrecked

public officer

railway See Railway

wreck, of person escaping from

 

101

135, 143, 151

458(2)

151

66

295(2)

172

462

295(1)

Obtains, defined

1

Occupier, permitting defilement of young persons on premises

186

Offence— 

alternative convictions on charge of See Alternative offences

attempt to commit See Attempt

construction of reference to, by specific name, in statute, by‑law, etc

counselling commission of See Counselling

defined

inciting commission of See Incitement

indictable See Indictable offence

parties to

preparation to commit

prevention of See Criminal Investigation Act 2006

principal offender, by

procuring commission of See Procuring

property used in connection with, dealing with

Western Australia, partially committed in See Western Australia

 

 

 

CCAct s 3(4)

 

2

 

 

7‑10

474, Part VII

 

7

7

563B

12‑14, 556

Offensive act, behaviour See Disorderly behaviour in public; Indecent act; Obscene act; Racial group

 

Offensive weapon See Armed

 

Offensive material— 

defined

showing to child under 16

 

204A(1)

204A(2)

Offering for sale See Sale, exposing for

 

Office See also Officer

abuse of See Abuse; Corruption

public— 

bargaining for

stealing from

 

 

 

88

378(5)(e)

Officer— 

company, of See Company

Court, of See Court

Defence Force, of See Defence Force

“employed in Public Service”, defined

friendly society, of, is clerk or servant

judicial See Judge

medical See Medical practitioner

military See Defence Force

police See Police officer

prison See Prison

public— 

abuse of office by

bribery of

corruption of

not judicial but relating to offences

defined

falsification of records by

impersonating

interested in property being dealt with by him

interfering with political liberty

mixing articles certified to by, with uncertified articles

obstructing or resisting

refusal of, to perform duty

resisting

stealing by

ship, of See Ship, master or officer of

 

 

 

 

1

1

 

 

 

 

 

 

83

82, 122

82, 83

122

1

85

87

85

75

549

172

173

172

378(6), 426

Official See Officer, public

 

Official corruption

82, 83, 122

Official secrets, disclosure of

81

Onus of proof See also Defence; Evidence

as to age of child in sexual offences See Defence of accused

of authority or excuse on charge of falsely acknowledging deed etc

of excuse on charge of— 

disobedience to— 

lawful order of court or under statute

law

housebreaking, having at night instrument of

of justification or excuse on charge of— 

child stealing

corpse, misconduct with regard to

of unsoundness of mind

on charge under Ch. LVIIA

secret commission, that gift not

 

 

512

 

 

178

177

407(c)

 

343

214

26

557A

543

Operation See Medical

surgical, criminal responsibility for

 

259

Ore in mine, concealment of

385, 427

Overt act, attempt to commit offence indicating

4

Owner— 

defined

premises, of, permitting defilement of young persons

stealing by, of thing subject to special property of another

 

1

186

376

Ownership, receiving property after change of

415

Oysters, when capable of being stolen

370

P

Subject

Section

Painting See Picture

 

Parent See also Child; Guardian

deserting child

duty of, to supply necessaries

insult to, with respect to child, may be “provocation”

of Agent, giving or receiving secret gift

sexual offences by

use of force by, by way of correction

 

344

263, 344

245

531

329

257

Parliament— 

Committee of— 

false evidence before

interference with member of

witness refusing to give evidence before

disqualification from sitting in, after conviction See Disqualification

disturbing

false evidence before

interference with

member of See Member

paper issued by See Paper, Parliamentary

seditious intention against

threatening witness before

witness refusing to give evidence before

 

 

57

55

59

 

56

57

55

 

 

44, 45

58

59

Parliamentary elections, Ch XIV not to apply to

94

Parties to offence

7‑10

Partner— 

criminal responsibility of

of Agent, giving or receiving secret gift

stealing by

 

34

531

376

Passion, assault in heat of

246

Pawn See Pledge

 

Peace— 

breach of the See Breach

neglect to aid in preserving

oath to disturb public

 

 

176

48(1)(c)

Penal statute, bringing fictitious action on

141

Penalty, omission in Code as to, not to affect certain rights of action

CCAct s 5

Performance See also Indecent act; Obscene act

indecent by child— 

procuring etc

 

recording

 

indecent by child relative— 

procuring etc

recording

indecent by incapable person— 

procuring etc

recording

 

 

320(5), 321(5), 322(5)

320(6), 321(6), 322(6)

 

329(5)

329(6)

 

330(5)

330(6)

Periodical, unauthorised advertisement in

142

Perjury See also Declaration; False statement

evidence on charge of

generally

incriminating answers admissible in evidence on charge of

Parliament, before

procuring witness to commit

punishment of

Royal commission, before

 

127

124

738

57

130(1)

125

127

Person— 

defined, with reference to property

employed in public service, defined See Officer, public

injury to See Bodily harm

private See Private person

stealing from the

 

1

1

 

 

378(5), (1)

Personation— 

certificate, of person named in

elections, at

falsely acknowledging deed, by

generally

lending certificate for

of owner of shares

property, to obtain

public officer, of

 

513

102

512

510

514

511

510

87

Petrol See Intoxicant

 

Photograph See Picture

 

Picture, offensive, showing to child under 16

204A, 204B

Pigeon, when capable of being stolen

370

Place See also Dwelling; Land 

defence of, against trespasser See Trespasser

defined in connection with trespass

defined in connection with burglary

out of Western Australia, offence partly conceived or committed at

 

254

254

400

12‑14

Plaintiff, fictitious, action in name of

141

Pledge See also Lien; Mortgage

by factor or agent, when not deemed stealing

taking property to use as

 

372(2)

371(2)(c)

Poaching

370, 378

Poison See Drug, Noxious thing

 

Police officer— 

aiding See Aiding

escape from arrest, preventing

not aiding, in arresting offender or preserving the peace

permitting escape

powers of to investigate offences See Criminal Investigation Act 2006

preventing escape from arrest

riot, suppression of, by

 

 

233

176

147

 

233

239

Police station—

indecent act in

obscene act in

 

203

202

Political liberty, offence against

75

Polling‑booth See Elections

 

Port, damaging or interfering with work appertaining to

458

Possession of See also Using; Uttering

instrument to commit crime See Instrument

material for display to harass a racial group

material for publication etc to incite racial hatred

property, defending See Trespasser

property suspected of being stolen etc., of

stolen property See Stolen property

things, includes control

things to facilitate offences

 

 

80C, 80D

79, 80

251‑256

428

388, 414, 415, 426

1

557D-557I

Post, things sent by, defined

1

Postal voting at elections See Elections

 

Power, electrical, etc, fraudulent appropriation of

390, 427

Power of attorney See also Authority

conversion by person holding

stealing funds, etc, by person holding

stealing proceeds of property received by virtue of

stealing property received under

 

371(4)

373, 374, 378

378(9)(d)

378(9)(d)

Preparation for See also Attempt; Conspiracy

commission of offences

forgery

 

552‑560

474

Prerogative of Mercy, Royal See Sentencing Act 1995

 

Preservation of life— 

duty relating to

operation for

 

262‑267

259

Presumption— 

as to incapacity of male under 14 to have carnal knowledge

as to intention of person in possession of thing under Ch LVIIA

soundness of mind, of

 

29

557A

26

Previous conviction See Autrefois convict

 

Principal— 

and agent See Agent

offender, defined

 

 

7

Print See Picture; Periodical

 

Printing— 

advertisement offering reward for stolen property

election notice without name of publisher, etc

 

138

99

Prison— 

conveying things into to facilitate escape

escape from See Escape

officer of, permitting escape

 

145

 

147

Prisoner See also Accused

duty to provide necessaries for

escape of See Escape

 

262

Private person— 

suppression of riot by

use of force by See Force

 

240, 241

Private property, taking or destroying fish or aquatic organisms on

437

Prize fight, subscribing to or promoting

73

Proceedings— 

civil See Action

commenced before Code in operation, continuation of

judicial, defined

 

 

CompAct s 3

120

Proceeds of— 

crime See Property laundering; Restitution; Criminal Property Confiscation Act 2000

property— 

held under direction

received by agent for sale

stealing

valuable security, stealing

 

 

 

 

373

374

378(9)(d)

374, 378(9)(c)

Process, execution of— 

assault, lawful in

erroneous

irregular

issued without authority in the particular case

issued without jurisdiction

removal, etc, of property to defeat

use of force in

 

225

227

230

227

228

150

231

Proclamation, military activities, as to

51

Procuring See also Counselling

abortion See Abortion

apprehension or detention of sane person by production of false document

attempt, alternative conviction, on charge of

commission of criminal acts in and out of Western Australia

commission of offence

alternative conviction, on charge of

in Western Australia, to be committed out of Western Australia

person, is a “principal offender”

persons out of Western Australia, by

conviction for offence, perjury

execution of deeds, etc, by threat

indecent act by child

 

indecent act by child relative

indecent act by incapable person

person to be prostitute etc.

person for carnal knowledge, by threats, fraud, administering drugs

sexual activity by child under 16

suicide

 

 

 

336

10H

556

7

10G

14

7

13

125

399

320(5), 321(5),

322(5)

329(5)

330(5)

191

192

204B

288

Production of— 

document— 

before Parliament or Committee

warrant or process by person executing it

 

 

59(1)

231

Projectile, attempt to strike with

294(2)

Promise of benefit See Bribery

 

Promissory note See Valuable security

 

Promoter of company, false statement by

420

Proof See Evidence; Onus of proof

 

Property— 

corruptly obtaining See Bribery

concealing or removing, with intent to defraud

connected with offence, dealing with

damage to—

false belief as to, creating

generally

riot in

defined

defined for purposes of receiving

delivery of See Delivery

laundering

lost See Lost property

movable See Goods

partnership or company, of offence in respect of

“person” defined with reference to

private, taking or destroying fish or aquatic organisms on

real See Land

removal of See Removal

sale of See Sale

special, meaning of term, in connection with stealing

stolen See Stolen property

value of See Value

 

 

527

563B

 

171

441-446

67

1

414

 

563A

 

 

34

1

437

 

 

 

371

Prosecution— 

civil remedy unaffected by

commenced before compiled Act in operation, continuation of

commencement of for indictable offence

compounding

foreign Government, only at request of

time for See Limitation of time

 

737

CompAct s 3

3(3)

136

556

Prosecution notice under Criminal Procedure Act 2004, false

133A

Prostitution See also Prostitution Act 2000

being involved with

procuring person for purposes of

 

190

191

Provocation— 

defence of

defined

force to prevent repetition of act amounting to

 

246

245

247

Public— 

authority See Authority, public

benefit, defence as to obscene or indecent act being for

health See Health

office See Office

officer, public See Officer, public

place—

defined

indecent act in

obscene act in

property, graffiti on

service See Officer, public

bribery to obtain appointment in

 

 

202, 203

 

 

 

 

1

203

202

446

 

82

Publication See also Printing

advertisement, of— 

offering reward for return of stolen property

without authority of Court

child stealing, report of, without approval

electoral material, of—

containing deceptive or defamatory matter

without name of publisher

false statement by director, etc. of

official secret, of

report, of See Report

seditious words or writing, of

 

 

138

142

343A

 

99

98

421, 422

81

 

52(2)

Publisher See Periodical

 

Punishment See also Sentence

change of statutory penalty, effect of on

contempt of court, for, apart from Code

 

11

CCAct s 7

Pupil, force towards, by way of correction

257

R

Subject

Section

Racial aggravation, circumstances of, defined

1, 80I

Racial group— 

belief as to existence or membership of

conduct intended to harass

conduct intended to incite animosity to harassment of

conduct likely to harass

defence to

conduct likely to incite animosity to or harassment of

defence to

consent of DPP needed for prosecution of offences re

possession of material for display—

likely to harass

with intent to harass

possession of material for dissemination—

likely to incite animosity, harassment

with intent to incite animosity, harassment

 

80F

80A

77

80B

80G

78

80G

80H

 

80D

80C

 

80

79

Railway— 

light or signal, interfering with or removing

defined

obstructing or injuring

 

451(2)

1

451, 462

Rape See Sexual offences

 

Real property See Land

 

Receipt, giving false to agent

532

Receives, defined

1

Receiving See also Receipt

after change of ownership of property obtained outside WA

joint charge of, convictions open

stolen child under 16

stolen property, etc See Stolen property

 

415

10I

343(2)

414, 426

Recent possession See Suspicion

 

Recognizance See also Bail; Security

falsely acknowledging

 

512

Record, defined

1

Recording, indecent See Indecent recording

 

Records, fraudulent falsification

424

Recovery of property See Restitution; Stolen property

 

Reduction of— 

capital, concealment by officer of company on

 

547

Reference to— 

certain terms in statute, by‑law, etc, how construed

repeal provisions, how construed

 

CCAct s 3

CCAct s 3(5)

Register, concealing, with intent to defraud

379

Registered brand or mark See Brand

 

Removal of See also Interference

boundary mark

disorderly person from premises

goods, mortgaged

light, etc See Marine light; Railway light

mineral from mine

navigation works

property— 

to defraud creditors

taken under lawful seizure

 

461

254

389, 427

 

385, 427

458(1)

 

527

150

Repeal, Acts and parts of Act

CompAct s 2

Repealed Acts, matters and things originating under, to enure

reference to, in statute, by‑law, etc, how construed

CompAct s 3

CCAct s 3(5)

Repetition of insult, prevention of

247

Report of child stealing without authority unlawful

343A

Representation See False pretence; Fraudulent representation; Impersonation

 

Rescue See also Custody

of person serving sentence of life or 20 years or more

of person suffering from mental disorder

preventing, after arrest

 

144

149

235

Residence See Dwelling

 

Resisting See also Obstruction

arrest, disabling, etc, with object of

arrest or detention, by assault

disabling to prevent person

execution of process or arrest, use of force to overcome force used in

officer of court of justice

public officer

trespasser See Trespasser

 

294

317A

292

231

151

172

251

Restitution See Compensation; Sentencing Act 1995

 

Return of stolen property, reward for

138, 416

Reward— 

stolen property, offering, for return of

taking, for recovery of property fraudulently obtained

 

138

416

Right— 

claim of See Claim of right

of action, saving of See Action

of way, defending possession of

 

 

CCAct s 5

254

Riot— 

damaging or destroying property, in

defined

ordering rioters to disperse in case of

suppression of— 

justice or police officer, by

military officer, by

order of justice, by

private person, by

use of force in

 

67

62

66

 

66, 239

242

240

240, 241

238

without order, in case of emergency

taking part in

241

65, 66

River, bank or wall of, interfering with

458

Robbery See also Stealing

circumstances of aggravation, defined for purposes of

offence

 

391

392

Room, opening with key, etc, when stealing

378(5)(f)

Royal Commission—

false evidence before

threatening witnesses

 

127

128

Royal prerogative of mercy See Sentencing Act 1995

 

Royalty concealing

386, 427

S

Subject

Section

Safety of person

endangering

on aircraft, endangering

 

266, 304, 305

294A, 451A

Sale— 

intoxicant of, to person likely to abuse

property, of

held under direction

received by agent

 

206

 

373

374

Samples See Forensic procedures

 

Sanity, presumed

26

Schoolmaster, use of force by, by way of correction

257

Sea, bank or wall of See also Marine

interfering with

 

458

Seal, procuring affixing of by threats

399(b)

Search powers See Criminal Investigation Act 2006

 

Secrecy— 

disposition of dead body of child, as to

elections at, interference with

not essential to fraudulent taking

 

291

104

371(3)

Secret commission— 

account, giving false receipt or, to agent

advice given, giving or receiving, in return for

advice given, offering or soliciting, in return for

contract, to enter into

trustee, to appoint third person as

where not applicable

“Advice given”, defined

agent, gift or offer of, to

gift to or received by parent, wife, etc, of

giving false receipt or account to

“Agent”, defined

aiding and abetting offence in regard to

attempting offences

child of agent, giving or receiving secret gift

clerk or employee of agent, giving or receiving secret gift

“Contract”, defined

corporation, penalty on, on conviction

Court may order withdrawal of trifling or technical cases

custom, defence of, not sufficient

directors, etc, liability of, acting without authority in regard to

discovery of documents

document, giving false, to agent

gift or receipt of, in return for advice given

incriminating answers

indirect acts prohibited

“in relation to his principal’s affairs of business”, defined

invoice, giving false to agent

offer or solicitation of in return for advice given

onus of proof that gift not secret commission

parent of agent giving or receiving secret gift

partner of agent giving or receiving secret gift

penalties

“person having business relations with the principal”, defined

“principal”, defined

receipt, giving false to agent

“solicit any valuable consideration”, defined

trifling or technical cases, withdrawal of

“trustee”, defined

trustee in return for substituted appointment, offering to or receiving

“valuable consideration”, defined

“valuable consideration solicited”, defined

valuable consideration, agent receiving or soliciting as commission

giving or offering to agent as commission

valuable consideration to be repaid in event of conviction

witness—

protection of giving criminating answers

stay in proceeding against

 

532

533

534

533(a), 534(a)

533(b), 534(b)

533, 534

546(12)

530

531

532

546(1)

536

536

531

531

546(7)

538

539

542

537

738

532

534

738

546(8)

546(11)

532

534

543

531

531

538

546(10)

546(2)

532

546(9)

539

546(3)

535

546(4)-(6)

546(9)

529

530

538

 

540, 738

541

Secret Commissions Act 1905, repealed

CompAct, Appx A

Secret Gift See Secret commission

 

Secrets, disclosure of official

81

Security—

false acknowledgment of

false statement to induce person to enter into

lost or stolen property, advanced on, offer to repay etc.

valuable See Valuable security

 

512

420(b)

138

Sedition— 

and like offences

defined

punishment for

 

44‑52

52

52

Seditious— 

enterprise— 

conspiracy to carry out

defined

oath to engage in

intention— 

defined

to carry out seditious enterprise

writing— 

defined

publication of

 

 

52(1)

46

48(1)(a)

 

44, 45

46

 

46

52

Seizing evidence See Criminal Investigation Act 2006; Criminal and Found Property Disposal Act 2006

 

Seizure, removing property, etc, under lawful

150

Self‑defence See also Defence

against harmful acts

no criminal responsibility for injury to property caused in

 

248

441

Sentence See also Punishment; Sentencing Act 1995

executing— 

duty of officer

erroneous

passed without jurisdiction

use of force for purposes of

 

 

224

227

228

231

Servant See Clerk or servant; Master; Public officer

 

Setting or not removing man‑trap

305

Severing with intent to steal

383, 426

Sex offenders, child, consorting

557K

Sexual behaviour— 

compelling a person to engage in

aggravated offence

 

327, 331B

328

engaging in, defined

procuring etc

319(4)

204B, 320(3), 321(3), 322(3), 329(3), 330(3)

Sexual offences— 

child, against

 

child under 16 against, outside WA, facilitating

child relative, against

defined

incapable person, against

indecent assault

aggravated offence

relative, by

sexual coercion

aggravated offence

sexual penetration without consent

aggravated offence

sexual servitude

 

204A, 204B, 320, 321, 321A, 322 187

329

319

330

323

324

329

327

328

325

326

331B, 331C

Sexual conduct with child under 16

321A

Sexual services, deceptive recruiting for

331D

Shaft of mine, obstructing

456(1)(a)

Shares— 

false statement by official with intent to affect price of

Attorney General to consent to proceedings

defence to charge

 

421

421

422

Shareholder, false statement with intent to defraud

420(a)

Shares, personation of owner of

511

Sheep See Animal

 

Sheriff, not aiding, in arresting offender or preserving the peace

176

Ship— 

casting away or destroying

defence of— 

against trespasser

under claim of right

defined

destroying

discipline of, on voyage

entry upon, force to prevent

loss of, act tending to cause

removal of disorderly person from

stealing goods from

wrecked— 

goods, stealing

preventing escape from

wrecking

 

449

 

254

255

1

449

258

254, 255

449(2)

254

378(5)(c), (d)

 

378(5)(d)

295(1)

449

Shipping See Navigation works; Ship

 

Sickness, necessaries for person in case of

262

Signal— 

marine See Marine

railway See Railway

 

Simple offence, attempts and incitement to commit

555A

Sister See also Child relative

insult to, may be provocation

 

245

Skin, killing animal with intent to steal

382, 426

Slander See Defamation

 

Solemn declaration See Declaration

 

Sound mind presumed

26

Sovereign—

included in terms “person”, “owner”, etc

seditious intention against

stealing property of

 

1

44, 45

378(6)

Special property— 

defined, in connection with stealing

in thing stolen, immaterial

 

371

376

Spouse—

accessory after the fact, is not, in respect of guilty spouse

insult to, when deemed provocation

 

10

245

Stalking

338E

Statement, false See False statement

 

Statement, witness by See Depositions

 

Status, procuring or claiming unauthorised

488

Statutes See also Imperial Statutes

disobedience to order issued under

matters and things originating under repealed Acts to enure for purposes of compiled Act

penal, bringing fictitious action on

resisting officer discharging duty under

rules as to construction of

unrepealed, construction of, not affected

 

177, 178

 

CompAct s 3

141

172

CCAct s 3

CCAct s 4

Statutory declaration, false statement in

169

Stealing See also Robbery; Stolen

agent, etc, by

 

aircraft of

 

analogous offences—

indictable offences

simple offences

child under 16, or article on, of

circumstances of aggravation, with

clerk or servant, by See Clerk or servant

defined

demanding property with intention of

director or officer of company, by

dwelling, from See Dwelling

when value over $10 000

with violence

factor, pledge or lien by, when not deemed

from the person

goods in transit, etc

interest in stolen thing, by person having

joint owner, by

money— 

received for another

received with direction

motor vehicle

opening locked room, box, etc, for purposes of

partner, by

person, from the

pledge by factor or agent, when not deemed

power of attorney, property received under

proceeds of property received under power of attorney

public office, from

public service, by person in

punishment for

security, taking with intent to use as, is

severing, with intention of

sheep See Sheep

ship, from

skin or carcase, killing animal with intention of

summary conviction for, in certain cases

summary conviction for indictable offences analogous to

suspicion of See Suspicion

term “larceny” in statute, by‑law, etc, means

things capable of being stolen, meaning of expression

valuable security, proceeds of

value of $10 000, property of

will

with violence See Robbery

 

372(2), 373, 374, 375, 378(9)

378(4a)

 

 

379-390A, 427

428-437

343

378

378(7)

371

396

376, 378(8)

 

378(5)(b)

378(5)(b)

372(2)

378(5)(a)

378(5)(c)

376

376

 

375

373, 374, 378(9)(b)

371A

378(5)(f)

376

378(5)(a)

372(2)

373, 374, 378(9)(a)

373, 374, 378(9)(a)

378(5)(e)

378(6)

378, 426

371(2)(c)

383, 426

 

378(5)(c), (d)

382, 426

426

427

 

CCAct s 3(3)

370

373, 374, 378(9)(c)

378(5)(b)

378(1)

391‑393

Stock See Animal; Public debt

 

Stolen child under 16, receiving

343(2)

Stolen property See also Stealing

bringing into Western Australia

offering reward for return of

possessing

possession of suspected

receiving

after change of ownership of property obtained outside WA

joint charge of, convictions open

stealing by person having interest in

taking reward for recovery of

 

388, 426

138

388, 414, 415, 426

428

414, 426

415

10I

376

416

Structure See Dwelling

 

Stupefying thing See Drug

 

Subornation of perjury See Perjury

 

Subscribing See Signature

to prize fight

 

73

Suffocating, with intent to commit indictable offence

292

Suicide, aiding

288

Summary conviction, defined

1

Summary conviction of indictable offences—

generally

procedure on See Criminal Procedure Act 2004

stealing and analogous indictable offences

value of property, relevance to See Value of property

 

1(5), 5

 

426, 427

Summary conviction penalty, meaning and effect of

5

Summary jurisdiction See Summary conviction

contempt of Court, in respect of

 

CCAct s 7

Sureties See Bail Act 1982; Recognizance

 

Surgical operation See Medical

criminal responsibility with reference to

inoculation

 

259, 265

259A

Surrender to be demanded before extreme force used

233

Suspected stolen property, possession of

428

T

Subject

Section

Taking, fraudulent, defined

371

Tame animals, stealing

370

Testimony See Evidence; Perjury

 

Theft See Stealing

 

Thing— 

capable of being stolen See Stealing

sent by post, defined

 

370

1

Threat See also Duress

assault, may constitute

carnal connection, to procure

death caused by

defined

demanding property with

dwelling, to injure

election, at

execution of deeds, etc, to procure

extortion by

false statements as to the existence of

generally

injure, to

juror, to

member of Parliament, to

obtaining entrance into building by, is breaking and entering

penalty

political liberty, interfering with

sexual offence, consent obtained by

stealing, with See Robbery

threatening behaviour, language

violence of

when intending to steal

when stealing

from dwelling

with intent to influence

with intent to steal

witness before Parliament, against

witness before Royal Commission, against

written, demanding property by

 

222

192

272

338

396, 397

74

97

399

397, 398

338C

338

338

123

61

400

338B

75

319(2)

392

74A

74

393

392

378(5)(b)

338A

393

58

128

397

Time— 

dispersing, for, after order made to people in—

riot

unlawful assembly

limitation of See Limitation

night, what is

oath, for giving information as to unlawful

 

 

66

64

 

1

49

Title— 

to land— 

concealing document which is evidence of

forcible detainer against person having

having, is no justification of forcible entry

to property— 

concealing register authenticating

receiving stolen property after another has acquired, is lawful

 

 

381, 427

70

69

 

379

415

Transfer of property, to defraud creditor

527

Trespass, unlawful

70A

Trespasser— 

defence of— 

dwelling against

land against

to maintain right‑of‑way

with claim of right

moveable property against

under claim of right

without claim of right

vessel against

forcible detainer by

forcible entry by

name and address, may be asked to give

setting dangerous thing to harm

use of force against See Force

 

 

244, 254, 255

254, 255

256

255

251

252

253

254, 255

70

69

70B

305

251, 256, 441

Trick See Fraud

 

Trustee, corruption of See Secret commission

 

U

Subject

Section

Umpire, corruption of

121

Unauthorised use of computer systems

440A

Unauthorised status, procuring or claiming

488

Unauthorised use of conveyances See Unlawful use

 

Unborn child— 

abortion of

killing

surgical operation on

 

199

290

259

Undue influence at election

98

Unlawful See also Illegal; Unlawful use

act, with reference to injury to property

assembly See also Breach of the peace; Riot

defined

dispersing

taking part in

training to the use of arms, for

association See Association

damage

detention of person suffering from mental disorder

detention

entry to place See also Burglary

possession of thing to facilitate

killing, See Killing

military activities

oath, to commit offence See Oath

operation of computer system

possession See Possession

publication of child stealing

wounding See Wounding

 

441, 442

 

62

64

63, 64

51(1)(b), (2)

 

445

337

332, 333

 

557E

268, 277

51

47‑49

440A

 

343A

294(1), 301(1)

Unlawful use— 

animal owned by another, of

conveyance (not motor vehicle), of

conveyance, of, possession of thing to facilitate

motor vehicle, of

 

429

390A

557F

371A

Unlawfully obtained property, possession of suspected

428

Unsoundness of mind—

criminal responsibility, none in case of

defined

drugs, caused by

intoxication, caused by

 

27

27

28

28

Unwilled act or omission, criminal responsibility for

23B

Use of vehicles or aircraft, unauthorised

371A, 390A

Using See also Possession; Unlawful use; Uttering

dangerous thing carelessly

force See Force

registered brand with criminal intention

term “uttering” includes

 

266

 

384, 427

1

Utter, defined

1

Uttering— 

document or writing, personation, for purposes of

forgery and

 

513

473, 474

V

Subject

Section

Valuable consideration See Secret commission

 

Valuable security— 

defined

execution or destruction of, procuring by threat

falsification or destruction of, company, of

procuring the writing of name, etc, on paper, to use as

stealing, proceeds of

 

1

399(a)

419, 548

399(b)

373, 374, 378(9)(c)

Value of property, where relevant to charge or penalty

378(5), 401(3), 409(2), 426(2), (4), 440A(3), 527(2), 538

Vehicle See also Conveyance; Motor vehicle

defined

railway, obstructing

stealing goods from

unauthorised use of

 

1

462

378(5)(c)

371A

Vessel Also see Conveyance; Ship

defined

navigantion of causing death or grievous bodily harm

 

1

284

Violence See also Assault

execution of deed, etc, procuring, by

interfering with political liberty by

mentally impaired person, by, prevention of

stealing with See Robbery

threatening See also Threat

to person in dwelling with stealing

 

399

75

243

392

74

378(5)(b)

Voting See Elections

 

W

Subject

Section

Wall of the sea, river, etc, interfering with

458

Warder permitting escape

147

Warrant— 

arrest of wrong person under

arrest without See Arrest

execution of

erroneous

irregular

issued without jurisdiction

obstructing officer in

use of force in

production of, if required

search See Criminal Investigation Act 2006

 

229

 

226

227

230

228

151

231

231

 

Water, causing to run into mine

456(1)(a)

Weapon See Armed; Instrument; Firearms Act 1973; Weapons Act 1999

 

Western Australia— 

attempt to procure commission of criminal acts out of

offence occurring partly in

offence procured in, to be committed out of

offence procured or counselled by person out of

sexual offences outside, facilitating

statutes of, repealed

stolen goods, bringing, into

 

556

12

14

13

187

CompAct s 2

388, 426

Wharf, interfering with

458

Wife See Spouse

 

Wild animal, when capable of being stolen

370, 372(1)

Wilful murder See Murder

 

Wilfully destroy or damage, defined

443

Will See also Intention

concealing

stealing

 

380

378(1)

Witness See also Evidence, Depositions

corruption of

deceiving

preventing attendance of

Parliament, before, threatening

protection of

refusing to attend or give evidence before Parliament

Royal commission, before, threatening

 

130

131

133

58

738

59

128

Woman See Girl; Spouse

 

Wounding See also Assault; Bodily harm

unlawfully

with intent to do grievous bodily harm, etc

 

301(1)

294(1)

 

Subject

Section

Writing See also Document; Uttering

accusation, containing, for purpose of extortion

false, to affect testimony of witness

on paper, procuring, to use as valuable security

seditious See Seditious

threats in See threats, written

uttering See Uttering

 

398(3)

131

399(b)

46

Wrongful arrest

229