South Australian Current Acts

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 etc

           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 etc

   13B.    Interpretation
   14.     Criminal neglect
   14A.    Failing to provide food etc in certain circumstances

           Division 2--Defences

   14B.    Abolition of certain common law defences
   15.     Self defence
   15A.    Defence of property etc
   15B.    Reasonableness etc where offence committed in circumstances of family violence
   15C.    Requirement of reasonable proportionality not to apply in case of an innocent defence against home invasion
   15D.    Duress
   15E.    Sudden or extraordinary emergency
   15F.    Review of Division

           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
   19ABA.  Causing death or serious harm by careless use of vehicle or vessel
   19AC.   Dangerous driving to escape police pursuit etc
   19AD.   Street racing
   19ADA.  Extreme speed
   19AE.   Commissioner of Police to impose immediate licence disqualification or suspension following certain charges
   19AF.   Power of police to impose immediate licence disqualification or suspension for certain offences
   19B.    Alternative verdicts

           Division 7--Assault

   20.     Assault
   20AA.   Causing harm to, or assaulting, certain emergency workers etc
   20AB.   Further offence involving use of human biological material
   20AC.   Alternative verdicts

           Division 7AA--Choking etc in a domestic setting

   20A.    Choking, suffocation or strangulation in a domestic setting

           Division 7A--Causing physical or mental harm

   21.     Interpretation
   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
   29A.    Shooting at police officers
   31.     Possession of object with intent to kill or cause harm

           Division 7AB--Special firearm offences

   32.     Possession of a firearm with intent to commit an offence
   32AA.   Discharge of firearms to injure etc

           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 8A--Child marriage

   34.     Interpretation and application of Division
   34A.    Bringing child into State for marriage
   34B.    Removing child from State for marriage
   34C.    Consent no defence

           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

   46.     Consent to sexual activity
   47.     Reckless indifference
   48.     Rape
   48A.    Compelled sexual manipulation
   49.     Unlawful sexual intercourse
   50.     Sexual abuse of a child
   51.     Sexual exploitation of person with a cognitive impairment
   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 exploitation material and related offences

   62.     Interpretation
   63.     Production or dissemination of child exploitation material
   63AA.   Production or dissemination of child-like sex dolls
   63A.    Possession of child exploitation material
   63AAB.  Possession of child-like sex dolls
   63AB.   Offences relating to websites
   63B.    Procuring child to commit indecent act etc
   63C.    Material to which Division relates
   63D.    Forfeiture

           Division 11B--Institutional and out of home care child sexual abuse

   64.     Interpretation
   64A.    Failure to report suspected child sexual abuse
   65.     Failure to protect child from sexual abuse

           Division 12--Sexual servitude and related offences

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

           Division 13--Miscellaneous sexual offences

   68A.    Abolition of crime of sodomy
   69.     Bestiality
   72.     Incest

           Division 14--Procedure in sexual offences

   72A.    Former time limit abolished
   73.     Proof of certain matters
   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 18--Concealment of birth

   83.     Concealment of birth

   PART 3A--Offences relating to public order

   83A.    Interpretation
   83B.    Riot
   83C.    Affray
   83CA.   Information for terrorist acts

   PART 3B--Offences relating to criminal organisations

           Division 1--Participation in criminal organisation

   83D.    Interpretation
   83E.    Participation in criminal organisation
   83F.    Alternative verdicts
   83G.    Evidentiary

           Division 2--Public places, prescribed places and prescribed events

   83GA.   Preliminary
   83GB.   Report of Crime and Public Integrity Policy Committee
   83GC.   Participants in criminal organisation being knowingly present in public places
   83GD.   Participants in criminal organisation entering prescribed places and attending prescribed events
   83GE.   Participants in criminal organisation recruiting persons to become participants in the organisation
   83GF.   Sentencing
   83GG.   Evidentiary

   PART 3C--Protection for working animals

   83H.    Interpretation
   83I.    Causing death or serious harm etc to working animals
   83J.    Court may order compensation and other costs
   83K.    Enforcement of order for compensation etc
   83L.    Evidentiary

   PART 3D--Explosives offences

   83M.    Interpretation
   83N.    Explosive devices
   83O.    Explosive substances, prescribed equipment or instructions
   83P.    Bomb hoaxes

   PART 4--Offences with respect to property

   84.     Preliminary
   85.     Arson and other property damage
   85A.    Recklessly endangering property
   85B.    Special provision for causing 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 5A--Dishonest communication with children

   139A.   Dishonest communication with children

           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 5B--Cheating at gambling

   144G.   Interpretation
   144H.   Engaging in conduct that corrupts betting outcome of event
   144I.   Facilitating conduct that corrupts betting outcome of event
   144J.   Concealing conduct or agreement
   144K.   Use of corrupt conduct information or inside information for betting purposes

   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 6D--Offences relating to human remains

   175.    Interpretation
   176.    Application of Part
   177.    Offence to destroy etc human remains to pervert course of justice
   178.    Offence to defile etc human remains
   179.    Offence to fail to report find of or conceal human remains
   180.    Alternative verdicts

   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 2A--Offences relating to providing false or misleading information to a court

   241A.   False or misleading information entered into electronic court management system

           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 7C--Derivative liability for certain offences

   267AA.  Offence where unlawfully supplied firearm used in subsequent offence

   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 3A--Disposition of persons with mental impairment charged with summary and minor indictable offences

              Subdivision 1--Principle on which court is to act

   269NA.  Principle on which court is to act

              Subdivision 2--Making, variation and revocation of Division 3A orders

   269NB.  Division 3A orders
   269NC.  Court may direct defendant to surrender firearm etc
   269ND.  Variation or revocation of condition of Division 3A order
   269NDA. Revision of Division 3A orders

              Subdivision 3--Administrative detention for defendant released on licence under this Division

   269NE.  Administrative detention for defendant released on licence under this Division
   269NF.  Powers of police officers relating to persons in respect of whom an administrative detention order has been issued

              Subdivision 4--Custody, supervision and care

   269NG.  Custody, supervision and care

              Subdivision 5--Effect of supervening imprisonment on Division 3A order

   269NH.  Effect of supervening imprisonment on Division 3A order

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

              Subdivision 1--Principle on which court is to act

   269NI.  Principle on which court is to act

              Subdivision 2--Making, variation and revocation of supervision orders

   269O.   Supervision orders
   269OA.  Court may direct defendant to surrender firearm etc
   269P.   Variation or revocation of supervision order
   269Q.   Report on mental condition of defendant
   269R.   Reports and statements to be provided to court
   269T.   Matters to which court is to have regard
   269U.   Revision of supervision orders

              Subdivision 3--Continuing supervision orders

   269UA.  Application for continuing supervision
   269UB.  Continuing supervision orders
   269UC.  Variation or revocation of continuing supervision order
   269UD.  Appeal

              Subdivision 4--Administrative detention for defendant released on licence under this Division

   269UE.  Administrative detention for defendant released on licence under this Division
   269UF.  Powers of police officers relating to persons in respect of whom an administrative detention order has been issued

              Subdivision 5--Custody, supervision and care

   269V.   Custody, supervision and care

              Subdivision 6--Effect of supervening imprisonment on an order under Division 4

   269VA.  Effect of supervening imprisonment

           Division 4A--Interstate transfer of persons subject to supervision order

   269VB.  Interpretation
   269VC.  Informed consent
   269VD.  Transfer of persons from South Australia to another participating jurisdiction
   269VE.  Transfer of persons from participating jurisdiction to South Australia

           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 14--Provision as to persons convicted of offence

   329.    Provision as to persons convicted of an offence

   PART 12--Regulations

   370.    Regulations
           SCHEDULE 11--Abolition of certain offences
           Appendix 1
           Legislative history