CRIMINAL LAW CONSOLIDATION ACT 1935

South Australian Consolidated Acts

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CRIMINAL LAW CONSOLIDATION ACT 1935

TABLE OF PROVISIONS

Long Title

PART 1--Preliminary

1. Short title
5. Interpretation
5AA. Aggravated offences
5A. Abolition of capital punishment
5B. Proof of lawful authority or lawful or reasonable excuse
5D. Abolition of historical classifications

PART 1A--Territorial application of the criminal law

5E. Interpretation
5F. Application
5G. Territorial requirements for commission of offence against a law of this State
5H. Procedural provisions
5I. Double criminality

PART 2--Treason

6. Repeal
7. Treason
8. Time within which prosecution shall be commenced and warrant issued
9. In informations more than one overt act may be charged
10. Nothing herein to affect 25 Edward III Stat. 5, c. 2
10A. Penalty for treason

PART 3--Offences against the person

Division 1--Homicide

11. Murder
12. Conspiring or soliciting to commit murder
12A. Causing death by an intentional act of violence
13. Manslaughter
13A. Criminal liability in relation to suicide

Division 1A--Criminal neglect

14. Criminal liability for neglect where death or serious harm results from unlawful act

Division 2--Defence of life and property

15. Self defence
15A. Defence of property etc
15B. Reasonable proportionality
15C. Requirement of reasonable proportionality not to apply in case of an innocent defence against home invasion

Division 3--Miscellaneous

16. Petit treason
18. Abolition of year-and-a-day rule

Division 4--Unlawful threats

19. Unlawful threats

Division 5--Stalking

19AA. Unlawful stalking

Division 6--Serious vehicle and vessel offences

19AAB. Interpretation
19A. Causing death or harm by dangerous use of vehicle or vessel
19AB. Leaving accident scene etc after causing death or harm by careless use of vehicle or vessel
19AC. Dangerous driving to escape police pursuit etc
19B. Alternative verdicts

Division 7--Assault

20. Assault

Division 7A--Causing physical or mental harm

21. Harm
22. Conduct falling outside the ambit of this Division
23. Causing serious harm
24. Causing harm
25. Alternative verdicts
29. Acts endangering life or creating risk of serious harm
30. Failing to provide food etc in certain circumstances
31. Possession of object with intent to kill or cause serious harm
32. Possession of a firearm with intent to commit an offence

Division 7B--Throwing objects at vehicles

32A. Throwing objects at vehicles
32B. Alternative verdicts

Division 7C--Food and beverage spiking

32C. Spiking of food or beverages

Division 8--Female genital mutilation

33. Definitions
33A. Prohibition of female genital mutilation
33B. Removal of child from State for genital mutilation

Division 9--Kidnapping and unlawful child removal

38. Interpretation
39. Kidnapping
40. Unlawful removal of child from jurisdiction

Division 11--Rape and other sexual offences

48. Rape
49. Unlawful sexual intercourse
56. Indecent assault
57. Consent no defence in certain cases
57A. Power to take plea without evidence
58. Acts of gross indecency
59. Abduction of male or female person
60. Procuring sexual intercourse
61. Householder etc not to permit unlawful sexual intercourse on premises

Division 11A--Child pornography and related offences

62. Interpretation
63. Production or dissemination of child pornography
63A. Possession of child pornography
63B. Procuring child to commit indecent act etc
63C. Pornographic nature of material

Division 12--Commercial sexual services and related offences

65A. Definitions relating to commercial sexual services
66. Sexual servitude and related offences
67. Deceptive recruiting for commercial sexual services
68. Use of children in commercial sexual services

Division 13--Miscellaneous sexual offences

68A. Abolition of crime of sodomy
69. Offences with animals
72. Incest

Division 14--Procedure in sexual offences

72A. Former time limit abolished
73. Offences involving sexual intercourse
74. Persistent sexual abuse of a child
75. Alternative verdict on charge of rape etc
76. Corroborative evidence in certain cases

Division 15--Bigamy

78. Bigamy
79. Defences in cases of bigamy

Division 16--Abduction of children

80. Abduction of child under 16 years

Division 17--Abortion

81. Attempts to procure abortion
82. Procuring drugs etc to cause abortion
82A. Medical termination of pregnancy

Division 18--Concealment of birth

83. Concealment of birth

PART 3A--Offences relating to public order

83A. Interpretation
83B. Riot
83C. Affray

PART 4--Offences with respect to property

84. Preliminary
85. Damaging property
85A. Recklessly endangering property
85B. Special provision for causing a bushfire
86. Possession of object with intent to damage property
86A. Using motor vehicle without consent

PART 4A--Computer offences

86B. Interpretation
86C. Meaning of unauthorised access to or modification of computer data
86D. Meaning of unauthorised impairment of electronic communication
86E. Use of computer with intention to commit, or facilitate the commission of, an offence
86F. Use of computer to commit, or facilitate the commission of, an offence outside the State
86G. Unauthorised modification of computer data
86H. Unauthorised impairment of electronic communication
86I. Possession of computer viruses etc with intent to commit serious computer offence

PART 5--Offences of dishonesty

Division 1--Preliminary

130. Interpretation
131. Dishonesty
132. Consent of owner
133. Operation of this Part

Division 2--Theft

134. Theft (and receiving)
135. Special provision with regard to land and fixtures
136. General deficiency

Division 3--Robbery

137. Robbery

Division 4--Money laundering and dealing in instruments of crime

138. Money laundering
138A. Dealing in instruments of crime

Division 5--Deception

139. Deception

Division 6--Dishonest dealings with documents

140. Dishonest dealings with documents

Division 7--Dishonest manipulation of machines

141. Dishonest manipulation of machines

Division 8--Dishonest exploitation of advantage

142. Dishonest exploitation of position of advantage

Division 9--Miscellaneous offences of dishonesty

143. Dishonest interference with merchandise
144. Making off without payment

PART 5A--Identity theft

144A. Interpretation
144B. False identity etc
144C. Misuse of personal identification information
144D. Prohibited material
144E. Attempt offence excluded
144F. Application of Part

PART 6--Secret commissions

Division 1--Preliminary

145. Interpretation

Division 2--Unlawful bias in commercial relationships

146. Fiduciaries
147. Exercise of fiduciary functions
148. Unlawful bias
149. Offence for fiduciary to exercise unlawful bias
150. Bribery

Division 3--Exclusion of defence

151. Exclusion of defence

PART 6A--Serious criminal trespass

167. Sacrilege
168. Serious criminal trespass
169. Serious criminal trespass--non-residential buildings
170. Serious criminal trespass--places of residence
170A. Criminal trespass--places of residence

PART 6B--Blackmail

171. Interpretation
172. Blackmail

PART 6C--Piracy

173. Interpretation
174. Piracy

PART 7--Offences of a public nature

Division 1--Preliminary

237. Definitions
238. Acting improperly
239. General attempt offence excluded
240. Parliamentary privilege not affected

Division 2--Impeding investigation of offences or assisting offenders

241. Impeding investigation of offences or assisting offenders

Division 3--Offences relating to judicial proceedings

242. Perjury and subornation
243. Fabricating, altering or concealing evidence
244. Offences relating to witnesses
245. Offences relating to jurors
246. Confidentiality of jury deliberations and identities
247. Harassment to obtain information about jury's deliberations
248. Threats or reprisals relating to persons involved in criminal investigations or judicial proceedings

Division 4--Offences relating to public officers

249. Bribery or corruption of public officers
250. Threats or reprisals against public officers
251. Abuse of public office
252. Demanding or requiring benefit on basis of public office
253. Offences relating to appointment to public office

Division 5--Escape, rescue and harbouring of persons subject to detention

254. Escape or removal from lawful custody
255. Harbouring or employing escapee etc

Division 6--Attempt to obstruct or pervert course of justice or due administration of law

256. Attempt to obstruct or pervert course of justice or due administration of law

Division 7--Criminal defamation

257. Criminal defamation

Division 8--Offences limited in relation to industrial disputes and restraint of trade

258. Offences limited in relation to industrial disputes and restraint of trade

PART 7A--Goods contamination and comparable offences

259. Interpretation
260. Unlawful acts of goods contamination or other acts prejudicing the health or safety of the public
261. Goods contamination unrelated to issues of public health and safety

PART 7B--Accessories

267. Aiding and abetting

PART 8--Intoxication

267A. Definitions
268. Mental element of offence to be presumed in certain cases
269. Question of intoxication must be specifically raised

PART 8A--Mental impairment

Division 1--Preliminary

269A. Interpretation
269B. Distribution of judicial functions between judge and jury
269BA. Charges on which alternative verdicts are possible

Division 2--Mental competence to commit offences

269C. Mental competence
269D. Presumption of mental competence
269E. Reservation of question of mental competence
269F. What happens if trial judge decides to proceed first with trial of defendant's mental competence to commit offence
269G. What happens if trial judge decides to proceed first with trial of objective elements of offence

Division 3--Mental unfitness to stand trial

269H. Mental unfitness to stand trial
269I. Presumption of mental fitness to stand trial
269J. Order for investigation of mental fitness to stand trial
269K. Preliminary prognosis of defendant's condition
269L. Trial judge's discretion about course of trial
269M. What happens if trial judge decides to proceed first with trial of defendant's mental fitness to stand trial
269N. What happens if trial judge decides to proceed first with trial of objective elements of offence

Division 4--Disposition of persons declared to be liable to supervision under thisPART

269O. Supervision
269P. Variation or revocation of supervision order
269Q. Report on mental condition of the defendant
269R. Report on attitudes of victims, next of kin etc
269S. Principle on which court is to act
269T. Matters to which court is to have regard
269U. Revision of supervision order
269V. Custody, supervision and care
269VA. Effect of supervening imprisonment

Division 5--Miscellaneous

269W. Counsel to have independent discretion
269WA. Power to order examination etc in pre-trial proceedings
269X. Power of court to deal with defendant before proceedings completed
269Y. Appeals
269Z. Counselling of next of kin and victims
269ZA. Exclusion of evidence
269ZB. Arrest of person who escapes from detention etc

PART 9--Miscellaneous and procedure

Division 1--Punishment for certain common law offences

270. Punishment for certain offences

Division 2--Attempts

270A. Attempts
270AB. Attempted manslaughter

Division 3--Assaults with intent

270B. Assaults with intent

Division 4--Preparatory conduct

270C. Going equipped for commission of offence of dishonesty or offence against property
270D. Going equipped for commission of offence against the person

Division 5--Apprehension of offenders

271. General power of arrest
273. Judge's warrant for arrest of person charged

Division 6--Informations

274. Interpretation
275. Information may be presented in the name of the Director of Public Prosecutions
276. Director of Public Prosecutions may decline to prosecute
277. General provisions as to informations
278. Joinder of charges
279. Joint trial of accessories
280. Coin and bank notes may be described simply as money
281. Objections to informations, amendments and postponement of trial

Division 7--Saving and transitional provisions

282. Saving provisions
283. Rules of court

Division 8--Pleas and proceedings on trial

284. Plea of not guilty and refusal to plead
285. Form of plea of autrefois convict or autrefois acquit
285A. Certain questions of law may be determined before jury empanelled
285B. Conviction on plea of guilty of offence other than that charged
285BA. Power to serve notice to admit facts
285BB. Power to require notice of intention to adduce certain kinds of evidence
285BC. Expert evidence
285C. Notice of certain evidence to be given
286. Inspection and copies of depositions
288. Right to counsel
288A. Defence to be invited to outline issues in dispute at conclusion of opening address for the prosecution
288AB. Right to call or give evidence
288B. Right of reply
289. Postponement of trial
290. Verdict for attempt where full offence charged

Division 9--Proceedings against corporations

291. Proceedings against corporations

Division 10--Verdicts and abolition of forfeiture etc

294. Defects cured by verdict
295. Forfeiture abolished

Division 11--Witness fees and expenses

297. Witness fees

Division 12--Orders relating to firearms and other offensive weapons

299A. Orders as to firearms and offensive weapons

Division 13--Abolition of presumption of marital coercion

328A. Abolition of presumption of marital coercion

Division 14--Provision as to persons convicted of offence

329. Provision as to persons convicted of an offence

Division 15--Overlapping offences

330. Overlapping offences

PART 10--Limitations on rules relating to double jeopardy

Division 1--Preliminary

331. Interpretation
332. Meaning of fresh and compelling evidence
333. Meaning of tainted acquittal
334. Application ofPART

Division 2--Circumstances in which police may investigate conduct relating to offence of which person previously acquitted

335. Circumstances in which police may investigate conduct relating to offence of which person previously acquitted

Division 3--Circumstances in which trial or retrial of offence will not offend against rules of double jeopardy

336. Retrial of relevant offence of which person previously acquitted where acquittal tainted
337. Retrial of Category A offence of which person previously acquitted where there is fresh and compelling evidence
338. Circumstances in which person may be charged with administration of justice offence relating to previous acquittal

Division 4--Prohibition on making certain references in retrial

339. Prohibition on making certain references in retrial

PART 10A--Appeal against sentence

340. Appeal against sentence

PART 11--Appellate proceedings

Division 1--Preliminary

348. Interpretation
349. Court to decide according to opinion of majority

Division 2--Reference of questions of law

350. Reservation of relevant questions
351. Case to be stated by trial judge
351A. Powers of Full Court on reservation of question
351B. Costs

Division 3--Appeals

352. Right of appeal in criminal cases
353. Determination of appeals in ordinary cases
354. Powers of Court in special cases
354A. Right of appeal against ancillary orders
355. Revesting and restitution of property on conviction
356. Jurisdiction of Full Court
356A. Enforcement of orders
357. Appeal to Full Court
359. Supplemental powers of Court
361. Right of appellant to be present
362. Director of Public Prosecutions to be represented
363. Costs of appeal
364. Admission of appellant to bail and custody when attending Court
365. Duties of registrar with respect to notices of appeal etc
366. Notes of evidence on trial
367. Powers that may be exercised by a judge of the Court

Division 5--References on petitions for mercy

369. References by Attorney-General

PART 12--Regulations

370. Regulations
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3--Rules
SCHEDULE 10
SCHEDULE 11--Abolition of certain offences
Appendix 1
Legislative history

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