Part 9Miscellaneous and procedure

Part 9—Miscellaneous and procedure Division 1—Punishment for certain common law offences 270—Punishment for certain offences (1) Any person convicted of any of the following common law offences, that is to say: (b) keeping a common bawdy house or a common ill-governed and disorderly house; (c) any cheat or fraud punishable at common law, shall be liable to be imprisoned for a term not exceeding two years. (2) Any person convicted of any of the following common law offences, that is to say, any conspiracy to cheat or defraud, or to extort money or goods, or falsely to accuse of any crime, or to obstruct, prevent, pervert or defeat the course of public justice, shall be liable to be imprisoned for a term not exceeding seven years. Division 2—Attempts 270A—Attempts (1) Subject to subsection (2), a person who attempts to commit an offence (whether the offence is constituted by statute or common law) shall be guilty of the offence of attempting to commit that offence. (2) Where under a provision of any other Act, or any other provision of this Act, an attempt is constituted as an offence, this section— (a) does not apply in relation to that offence; and (b) does not operate to create a further or alternative offence with which a person who commits the former offence might be charged. (3) The penalty for an attempt to which this section applies shall be as follows: (a) in the case of attempted murder or attempted treason, the penalty shall be life imprisonment or imprisonment for some lesser term; (b) where the penalty or maximum penalty for the principal offence (not being treason or murder) is life imprisonment, the penalty for the attempt shall be imprisonment for a term not exceeding twelve years; (c) in any other case, the penalty for the attempt shall be a penalty not exceeding a maximum of two-thirds of the maximum penalty prescribed for the principal offence. (4) Where the principal offence is an indictable offence, an attempt to commit that offence shall also be an indictable offence; where the principal offence is a minor indictable offence, an attempt to commit that offence shall also be a minor indictable offence; and where the principal offence is a summary offence, an attempt to commit that offence shall also be a summary offence. 270AB—Attempted manslaughter (a) a person attempts to kill another or is a party to an attempt to kill another; and (b) he would, if the attempt had been successfully carried to completion, have been guilty of manslaughter rather than murder, he shall be guilty of attempted manslaughter. (2) The penalty for attempted manslaughter is imprisonment for a term not exceeding twelve years. (3) If on the trial of a person for attempted murder the jury is not satisfied that the accused is guilty of the offence charged but is satisfied that the accused is guilty of attempted manslaughter, the jury shall acquit the accused of attempted murder but may find him guilty of attempted manslaughter. Division 3—Assaults with intent 270B—Assaults with intent (1) Subject to subsection (2), a person who assaults another with intent to commit an offence to which this section applies is guilty of an offence. (2) Where under a provision of any other Act, or any other provision of this Act, an assault with intent to commit an offence to which this section applies is constituted as an offence, this section— (a) does not apply in relation to that offence; and (b) does not operate to create a further or alternative offence with which a person who commits the former offence might be charged. (3) The penalty for assault to which this section applies shall be— (a) imprisonment for a term not exceeding seven years; or (b) imprisonment for a term not exceeding the maximum term that may be imposed for an attempt to commit the principal offence, whichever is the greater maximum penalty. (4) This section applies to the following offences: (a) an offence against the person; (b) theft or an offence of which theft is an element; (c) an offence involving interference with, damage to, or destruction of property punishable by imprisonment for 3 years or more. Division 4—Preparatory conduct 270C—Going equipped for commission of offence of dishonesty or offence against property (1) A person who is, in suspicious circumstances, in possession of an article intending to use it to commit an offence to which this section applies is guilty of an offence. (a) if the maximum penalty for the intended offence is life imprisonment or imprisonment for 14 years or more—imprisonment for 7 years; (b) in any other case—imprisonment for one-half the maximum period of imprisonment fixed for the intended offence. (2) This section applies to the following offences: (a) theft (or receiving) or an offence of which theft is an element; (b) an offence against Part 6A (Serious criminal trespass); (c) unlawfully driving, using or interfering with a motor vehicle; (d) an offence against Part 5 Division 6 (Dishonest dealings with documents); (e) an offence against Part 5 Division 7 (Dishonest manipulation of machines); (f) an offence involving interference with, damage to or destruction of property punishable by imprisonment for 3 years or more. (3) A person is in suspicious circumstances if it can be reasonably inferred from the person's conduct or circumstances surrounding the person's conduct (or both) that the person— (a) is proceeding to the scene of a proposed offence; or (b) is keeping the scene of a proposed offence under surveillance; or (c) is in, or in the vicinity of, the scene of a proposed offence awaiting an opportunity to commit the offence. 270D—Going equipped for commission of offence against the person (1) A person who is armed, at night, with a dangerous or offensive weapon intending to use the weapon to commit an offence against the person is guilty of an offence. (2) The maximum penalty for an offence against this section is— (a) if the offender has been previously convicted of an offence against the person or an offence against this section (or a corresponding previous enactment)—imprisonment for 10 years; (b) in any other case—imprisonment for 7 years. Division 5—Apprehension of offenders 271—General power of arrest (1) A person may, without warrant, arrest and detain a person liable to arrest and detention under this section. (2) A person who arrests and detains another under this section must take the necessary action to have the other person delivered into the custody of a member of the police force forthwith. (3) A person is liable to arrest and detention under this section if the person is in the act of committing, or has just committed— (a) an indictable offence; or (b) theft (whether the theft is a summary or indictable offence); or (c) an offence against the person (whether the offence is summary or indictable); or (d) an offence involving interference with, damage to or destruction of property (whether the offence is summary or indictable). 273—Judge's warrant for arrest of person charged (1) Whenever it is made to appear to a judge, by affidavit or certificate, that any person is charged with any offence other than treason for which he may be prosecuted in the Supreme Court, it shall be lawful for the judge to issue a warrant and thereby to cause that person to be apprehended and brought before a judge or a justice in order to be bound, with or without two sufficient sureties, in such sum as is stated in the warrant, with condition to appear in that Court at the time mentioned in the warrant and to answer the information. (2) Where any such person neglects or refuses to become so bound, it shall be lawful for the judge or justice to commit him to gaol until he becomes so bound or is discharged by order of a judge. Division 14—Provision as to persons convicted of offence 329—Provision as to persons convicted of an offence A person who has been convicted of any offence shall not, by reason of that conviction, suffer any legal disability except such as is prescribed by an Act of the State or the Commonwealth.