Western Australian Consolidated Acts Western Australian Consolidated ActsThe Criminal Code
CONTENTS
Part I — Introductory
Interpretation: Application: General principles
Chapter I — Interpretation
1.
Terms used in this Code 25
2.
Offence , meaning of 32
3.
Indictable offences, general provisions as to
33
4. Attempts to commit offences,
meaning of 33
5.
Summary conviction penalty, meaning and effect of
34
6. Carnal knowledge, carnal connection,
meanings of 36
Chapter II — Parties to offence
7.
Principal offenders 36
8.
Offences committed in prosecution of common purpose
37
9. Counselled offences, mode of
execution immaterial 38
10.
Accessory after the fact, meaning of
38
Chapter IIA — Alternative offences
10A.
Conviction of alternative offence, when possible
39
10B. Alternative offence, meaning and
effect of 39
10C.
Conviction of alternative offence, consequences of
40
10D. Charge of offence, alternative convictions
of attempt etc. 40
10E.
Charge of attempt, alternative convictions on
40
10F. Charge of conspiracy, alternative
convictions on 41
10G.
Charge of procuring, alternative convictions on 41
10H. Charge of attempting to procure, alternative
convictions on 42
10I.
Joined charges of receiving, verdicts on 42
Chapter III — Application of criminal law
11.
Effect of changes in law 43
12.
Territorial application of the criminal law
43
13. Offences aided,
counselled or procured by persons out of Western Australia
44
14. Offences procured in Western
Australia to be committed out of Western Australia
44
15. Defence force not exempt from Code
45
17. Former conviction or
acquittal a defence 45
Chapter V — Criminal responsibility
22.
Ignorance of law, honest claim of right 45
23. Intention and motive
46
23A. Unwilled acts and omissions
46
23B. Accident
46
24. Mistake of fact
47
25. Emergency
47
26. Presumption of sanity
48
27. Insanity
48
28. Intoxication
48
29. Immature age
49
30. Judicial officers
49
31. Lawful
authority 49
32.
Duress 50
34. Offences
by partners and members of companies with respect to partnership or corporate
property 51
36.
Application of Chapter V 51
Part II — Offences against public order
Chapter VII — Sedition
44.
Seditious intention, meaning of 52
45.
Innocent intentions 52
46.
Seditious enterprises, seditious words , etc.,
meanings of 53
47.
Unlawful oaths to kill a person 53
48.
Other unlawful oaths to commit offences
54
49. Compulsion, how far a defence
55
51. Unlawful
military activities 55
52.
Sedition 56
Chapter VIII — Offences against the executive and
legislative power
54. Interference with
Governor or Ministers 57
55.
Interference with the legislature 57
56.
Disturbing Parliament
58
57. False evidence before Parliament
58
58. Threatening witness
before Parliament 58
59.
Witnesses refusing to attend or give evidence before Parliament
59
60. Member of Parliament
receiving bribes 60
61.
Bribery of member of Parliament 60
Chapter IX — Unlawful assemblies: Breaches of the peace
62.
Unlawful assembly, riot, riotously assembled ,
meanings of 61
63.
Taking part in an unlawful assembly 61
64.
Unlawful assembly may be ordered to disperse
61
65. Taking part in
a riot 62
66. Rioters
may be ordered to disperse 62
67.
Rioters causing damage 63
68.
Being armed in a way that may cause fear
63
69. Forcibly entering land
63
70. Forcibly keeping
possession of land 64
70A.
Trespass 64
70B.
Trespassers may be asked for name and address
65
71. Fighting in public causing fear
66
72. Challenge to
fight a duel 66
73.
Prize fight 66
74.
Threatening violence 66
74A.
Disorderly behaviour in public 67
Chapter X — Offences against political liberty
75.
Interfering with political liberty
68
Chapter XI — Racist harassment and incitement to
racial hatred
76. Terms used in this Chapter
68
77. Conduct
intended to incite racial animosity or racist harassment
69
78. Conduct likely to incite racial
animosity or racist harassment 69
79.
Possession of material for dissemination with intent to
incite racial animosity or racist harassment 69
80. Possession of material for dissemination if
material likely to incite racial animosity or racist harassment
70
80A. Conduct intended to racially
harass 70
80B. Conduct
likely to racially harass 71
80C.
Possession of material for display with intent to racially
harass 71
80D.
Possession of material for display if material likely to racially harass
72
80E. Conduct and
private conduct 72
80F.
Belief as to existence or membership of racial group
73
80G. Defences
73
80H. Consent to prosecutions
74
80I. Circumstances
of racial aggravation, meaning of 74
80J.
Forfeiture of unlawful material
74
Part III — Offences against the administration of law and
justice and against public authority
Chapter XII — Disclosing official secrets
81.
Disclosing official secrets 76
Chapter XIII — Corruption and abuse of office
82.
Bribery of public officer 77
83. Corruption 77
84.
Application of s. 121 to judicial corruption
not affected 78
85.
Falsification of records by public officer 78
86.
Administering extra judicial oaths
78
87. Impersonating a public
officer 79
88.
Bargaining for public office 80
Chapter XIV — Offences at elections
93.
Terms used in this Chapter 80
94.
Application of this Chapter
81
95. Liability for acts of others
81
96. Bribery
81
97. Undue influence
82
98. Electoral material, printing and
publication of 83
99.
False or defamatory statements or deceptive material, publication of
84
100. Postal voting,
offences in connection with 85
101.
Polling place, offences at or near
85
102. Voting offences
86
103. Ballot paper and ballot box
offences 87
104.
Secrecy offences 87
105.
Electoral officer, offences by 88
106.
False statements in connection with an election
88
107. Evidentiary
matters 89
Chapter XVI — Offences relating to the administration
of justice
120. Judicial proceeding, meaning
of 90
121. Judicial
corruption 90
122.
Official corruption not judicial but relating to offences
91
123. Corrupting or threatening jurors
91
124. Perjury
92
125. Penalty for perjury
93
127. False evidence
before a Royal Commission 93
128.
Threatening witness before Royal Commission etc.
93
129. Fabricating evidence
94
130. Corruption of
witnesses 94
131.
Deceiving witnesses 95
132.
Destroying evidence 95
133.
Preventing witnesses from attending
95
133A. False prosecution, commencing
96
134. Conspiracy to bring
false accusation 96
135.
Conspiring to defeat justice 96
136.
Compounding or concealing offences
97
138. Advertising reward etc. for stolen
property 97
139.
Justices acting when personally interested 98
141.
Bringing fictitious action on penal statute
98
142. Inserting
advertisement without authority of court 98
143.
Attempting to pervert course of justice
99
Chapter XVII — Escapes: Rescues: Obstructing officers
of courts
144. Forcibly freeing certain
offenders from custody 99
145.
Aiding a person to escape from lawful custody
99
146. Escaping from lawful custody
100
147. Permitting
escape 100
148. Aiding
an escapee 100
149.
Rescuing, permitting escape of or concealing a person subject to any law
relating to mental disorder 100
150.
Removing etc. property under lawful seizure
101
151. Obstructing officers of courts of
justice 101
Chapter XX — Miscellaneous offences against public authority
169. False statements on oath
102
170. False information to officials
etc. 102
171. Creating
false belief 103
172.
Obstructing public officers 104
173.
Refusal by public officer to perform duty
104
176. Neglect to aid in arresting
offenders 104
177.
Disobedience to statute law 104
178.
Disobedience to lawful order issued by statutory authority
105
Part IV — Acts injurious to the public in general
Chapter XXII — Offences against morality
181.
Carnal knowledge of animal
106
186. Occupier or owner allowing certain
persons to be on premises for unlawful carnal knowledge
106
187. Facilitating sexual offences
against children outside Western Australia 107
190. Being involved with prostitution
108
191. Procuring person to
be prostitute etc. 109
192.
Procuring person to have unlawful carnal knowledge by threats, fraud or
administering drugs 110
199.
Abortion 111
202.
Obscene acts in public 111
203.
Indecent acts in public 112
204. Indecent act with intent to offend
113
204A. Showing offensive
material to children under 16 113
204B.
Using electronic communication to procure, or
expose to indecent matter, children under 16
115
205. Ignorance of age no defence
118
206. Supplying intoxicants to
people likely to abuse them 118
Chapter XXIII — Misconduct relating to corpses
214.
Misconduct with regard to corpses
119
215. Interfering with corpse to hinder
inquiry 119
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 Part
121
222. Assault,
meaning of 121
223.
Assaults unlawful 122
224.
Execution of sentence 122
225.
Execution of process 122
226.
Execution of warrants
122
227. Erroneous sentence or process or warrant
123
228. Sentence or
process or warrant without jurisdiction 123
229.
Arrest of wrong person
123
230. Irregular process or warrant
124
231. Force used in
executing process or in arrest 124
233.
Preventing escape from arrest
125
235. Preventing escape or rescue after arrest
125
238. Suppression
of riot 126
239. Riot
may be suppressed by justices and police officers
126
240. Suppression of riot by person acting
under lawful orders 126
241.
Suppression of riot by person acting without order in case of
emergency 126
242.
Suppression of riot by military personnel 127
243.
Prevention of violence by mentally impaired person
127
244. Defence
against home invasion 127
245.
Provocation, meaning of 129
246.
Defence of provocation
130
247. Prevention of repetition of insult
130
248. Self-defence
130
251. Defence of movable
property against trespassers 132
252.
Defence of movable property with claim of right
132
253. Defence of movable
property without claim of right 132
254.
Defence of property against trespassers, removal of
disorderly persons 133
255.
Defence of possession of a place with claim of right
133
256. Exercise of right-of-way or
easement 134
257.
Discipline of children 134
258.
Discipline on ship or aircraft 134
259. Surgical and medical treatment
135
259A. Inoculation procedures
135
260. Excessive
force 135
261. Consent
to death immaterial 136
Chapter XXVII — Duties relating to the preservation of
human life
262. Duty to provide necessaries
of life 136
263. Duty
of head of family 136
265.
Duty of persons doing dangerous acts 136
266. Duty of persons in charge of dangerous things
137
267. Duty to do
certain acts 137
Chapter XXVIII — Homicide: Suicide: Concealment of birth
268.
Killing of a human being unlawful
137
269. When a child becomes a
human being 137
270.
Kill, meaning of 138
271.
Death by acts done at childbirth 138
272.
Causing death by threats
138
273. Acceleration of death
138
274. When injury or death
might be prevented by proper precaution 138
275.
Injuries causing death in consequence of
subsequent treatment 139
277.
Unlawful homicide 139
279.
Murder 139
280.
Manslaughter 140
281.
Unlawful assault causing death 141
283.
Attempt to murder 141
284. Culpable driving (other than of motor
vehicle) causing death or grievous bodily harm 141
288. Aiding suicide
142
290. Killing unborn child
143
291. Concealing the birth of children
143
Chapter XXIX — Offences endangering life or health
292.
Disabling in order to commit indictable offence etc.
144
293. Stupefying in
order to commit indictable offence 144
294.
Acts intended to cause grievous bodily harm or prevent
arrest 144
294A.
Dangerous goods on aircraft 145
295.
Preventing escape from wreck 146
297. Grievous bodily harm
146
301. Wounding and similar acts
149
304. Acts or omissions
causing bodily harm or danger 150
305.
Setting dangerous things for people
151
305A. Intoxication by deception
152
306. Female genital
mutilation 153
Chapter XXX — Assaults
313. Common
assaults 155
317.
Assaults occasioning bodily harm 155
317A.
Assaults with intent 156
318.
Serious assaults 157
318A. Assaults on aircraft’s crew
160
Chapter XXXI — Sexual offences
319.
Terms used in this Chapter 160
320.
Child under 13, sexual offences against
163
321. Child of or over 13 and
under 16, sexual offences against 164
321A.
Child under 16, persistent sexual conduct with
166
322. Child of or over 16,
sexual offences against by person in authority etc.
168
323. Indecent assault
169
324. Aggravated indecent assault
169
325. Sexual
penetration without consent 170
326.
Aggravated sexual penetration without consent
170
327. Sexual coercion
170
328. Aggravated sexual
coercion 170
329.
Relatives and the like, sexual offences by 171
330. Incapable person, sexual offences against
173
331. Ignorance of
age no defence 174
331A.
Terms used in s. 331B to 331D 174
331B. Sexual servitude
175
331C. Conducting business involving sexual
servitude 175
331D.
Deceptive recruiting for commercial sexual services
175
Chapter XXXIII — Offences against liberty
332.
Kidnapping 177
333.
Deprivation of liberty 178
336.
Procuring apprehension or detention of persons not
suffering from mental illness or impairment 178
337. Unlawful detention or custody of persons who
are mentally ill or impaired 178
Chapter XXXIIIA — Threats
338.
Threat, meaning of 179
338A.
Threats with intent to influence 179
338B.
Threats 180
338C.
Statements or acts creating false apprehension as
to the existence of threats or danger 180
Chapter XXXIIIB — Stalking
338D.
Terms used in this Chapter 182
338E.
Stalking 183
Chapter XXXIV — Offences relating to parental rights
and duties
343. Child stealing
184
343A. Publication of report of
child-stealing unlawful unless approved 185
344.
Desertion of children under 16
186
Chapter XXXV — Criminal defamation
345.
Criminal defamation 186
Part VI — Offences relating to property and contracts
Division I — Stealing and like offences
Chapter XXXVI — Stealing
370.
Things capable of being stolen 188
371.
Steal, meaning of 189
371A.
Special case: motor vehicles
191
372. Special cases
191
373. Funds etc. held under direction
192
374. Funds etc.
received by agents for sale 192
375.
Money received for another 193
376.
Stealing by persons having an interest in the
thing stolen 193
378.
Penalty for stealing 193
Chapter XXXVII — Offences analogous to stealing
379.
Concealing registers 196
380.
Concealing wills 196
381. Concealing deeds
196
382. Killing animals with intent to steal
197
383. Severing with
intent to steal 197
384.
Using registered brands with criminal intention
197
385. Fraudulently dealing with minerals
in mines 197
386.
Concealing royalty 197
387.
Removing guano without licence 198
388.
Bringing stolen goods into Western Australia
198
389. Fraudulent
disposition of mortgaged goods 198
390.
Fraudulent appropriation of electricity etc.
199
390A. Unlawful use of
conveyance 199
Chapter XXXVIII — Robbery: Extortion by threats
391.
Term used in s. 392 and 393
200
392. Robbery
201
393. Assault with intent to rob
201
396. Demanding property
with threats with intent to steal 202
397.
Demanding property with threats with intent to extort or
gain 203
398. Attempts
at extortion by threats 203
399.
Procuring execution of deeds etc. by threats
204
Chapter XXXIX — Offences in or in respect of buildings etc.
400. Terms used in this Chapter
205
401. Burglary
207
407. Persons found armed etc.
with intent to commit crime 209
Chapter XL — Fraud
409. Fraud
210
Chapter XLI — Receiving property stolen or fraudulently
obtained and like offences
414. Receiving stolen
property etc. 211
415.
Receiving after change of ownership 212
416.
Taking reward for recovery of property obtained by
means of indictable offences 212
Chapter XLII — Frauds by trustees and officers of companies
and corporations: False accounting
418. False
statement relating to companies 213
419.
Fraud by company directors etc. as to accounts
213
420. False statements by
officials of companies 214
421.
False statements by officials of companies with intent to affect
price of shares 215
422.
Defence 215
424.
Fraudulent falsification of records 216
Chapter XLIII — Summary conviction for stealing and like
indictable offences
426. Summary conviction
penalty for certain stealing and like offences 216
427. Summary conviction penalty for certain
offences of a fraudulent nature 218
Chapter XLIV — Simple offences analogous to stealing
428.
Possessing stolen or unlawfully obtained property
218
429. Unlawfully
using another person’s animal 219
436.
Unlawful fishing 219
437. Unlawfully taking fish etc.
219
Chapter XLIVA — Unauthorised use of computer systems
440A.
Unlawful use of computers
220
Division II — Injuries to property
Chapter XLV — Definitions
441.
Unlawful acts 222
442.
Acts done with intent to defraud 222
443.
Wilfully destroy or damage, meaning of
222
Chapter XLVI — Offences
444.
Criminal damage 223
445.
Damaging property 223
446.
Costs of cleaning graffiti 224
449.
Casting away ships 224
451. Obstructing and injuring railways
225
451A. Endangering the
safe use of an aircraft 225
451B.
Unlawfully interfering with aircraft
226
454. Causing explosion likely to do serious
injury to property 226
455.
Attempting to cause explosion likely to do serious injury to property
227
456. Attempts to
injure mines 227
457.
Interfering with marine signals 228
458.
Interfering with navigation works
228
459. Communicating infectious diseases
to animals 229
460.
Travelling with infected animals 229
461.
Removing boundary marks 229
462. Obstructing railways
230
Division III — Forgery and like offences: Personation
Chapter XLIX — Forgery and uttering
473.
Forgery and uttering 230
474.
Preparation for forgery etc. 231
Chapter L — False representations as to status
488.
Procuring or claiming unauthorised status
231
Chapter LIII — Personation
510.
Personation in general 232
511.
Personation of owner of shares 233
512. Falsely acknowledging deeds, recognizances
etc. 233
513.
Personation of a person named in a certificate 233
514. Lending certificate for personation
234
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 debtors 234
Chapter LV — Corruption of agents, trustees, and others in
whom confidence is reposed
529. Receipt or
solicitation of secret commission by an agent
235
530. Gift or offer of secret commission to an
agent 235
531. Secret
gifts to parent etc. of agent deemed gifts to agent
236
532. Giving to agent false or
misleading receipt or account 236
533.
Gift or receipt of secret commission in return for advice
given 237
534. Offer
or solicitation of secret commission in return for advice given
237
535. Secret commission to
trustee in return for substituted appointment 238
536. Aiding etc. Chapter LV offences within or
outside Western Australia 238
537.
Liability of directors etc. acting without authority
239
538. Penalty for
Chapter LV offences 239
539.
Court may order withdrawal of trifling or technical cases
239
540. Protection of
witness giving answers criminating himself 240
541. Stay of proceedings against such witness
240
542. Custom of
itself no defence 241
543.
Burden of proof that gift not secret commission
241
546. Terms used in this Chapter
241
Chapter LVI — Other offences
547.
Concealment by officers of companies on reduction of capital
244
548. Falsification of books of
companies 244
549.
Mixing uncertified with certified articles 245
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
246
553. Incitement to commit
indictable offences 246
555A.
Attempts and incitement to commit simple offences under this Code
247
556. Attempts to
procure commission of criminal acts 248
557.
Making or possession of explosives under
suspicious circumstances 248
Chapter LVIIA — Offences to do with preparing to commit
offences
557A. Presumptions
249
557C. Forfeiture
249
557D. Possessing stupefying or
overpowering drug or thing 249
557E.
Possessing things to assist unlawful entry to places
250
557F. Possessing things
to assist unlawful use of conveyances 250
557G.
Possessing things for applying graffiti
250
557H. Possessing a
disguise 250
557I.
Possessing bulletproof clothing 251
557J.
Declared drug traffickers, consorting by
252
557K. Child sex offenders,
offences by 252
Chapter LVIII — Conspiracy
558.
Conspiracy to commit indictable offence 255
560.
Conspiracy to commit simple offence
256
Chapter LIX — Accessories after the fact and property
laundering
562. Accessories after the fact to
indictable offence 257
563A.
Property laundering 257
563B.
Dealing with property used in connection with an offence
258
Part VIII — Miscellaneous
Chapter LXXIV — Miscellaneous provisions
730.
Forfeitures, escheats etc. abolished
263
731. Forfeiture etc. of property used to
commit offences 263
737.
Saving of civil remedies 264
738.
Incriminating answers and discovery
264
739. Review of law of homicide
264
740A. Review of certain
amendments to s. 297 and 318 265
740.
Transitional provisions (Sch. 1)
265