CO885-(10-11) — Page 495

601.

PUBLIC RECORD OFFICE

C.O. 885

Reference :-

11 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

}

SIR,

No. 384.

(QUEENSLAND.)

LAW OFFICERS to COLONIAL OFFICE.

We are honoured

29 Vict., No, 8, "An Act "to consolidate and amend the Statute Law of Queens

"land relating to Indictable "Offences by Forgery."

29 Vict., No. 4. No. 5.

No. 6.

""

No. 7.

+

No. 11.

"

No. 14.

11

Lincoln's Inn, January (15), 1866. with your commands, signified in Sir Frederic Rogers' letter of the 6th instant, stating that he was directed by you, Sir, to transmit to us copies of the Acts of the Queensland Legislature relating to criminal law, which are noted in the margin, and to request that we would favour you with our opinion on the following questions:-

1. Whether section 7 of No. 7, which declares that a person may be tried in Queensland for an act committed in that Colony, in virtue of which he is accessory to a felony committed out of the Colony, is within the power of the Colonial Legislature to enact? The clause, Sir Frederic Rogers stated, is adapted from the 7th section of the Imperial

Act 24 & 25 Vict. c. 97. (c. 94. ?)

2. Whether the Queensland Legislature can render punishable in Queensland a person conspiring in that Colony to commit a murder out of the Colony, which is done, or assumed to be done, by section 3 of No. 11? The clause, Sir Frederic Rogers further stated, is adapted from section 4 of the Imperial Act 24 & 25 Vict. c. 100.

3. Whether the Colonial Legislature should be called upon to repeal section 53 of No, 3, section 35 of No. 4, section 75 of No. 5, section 120 of No. 6, and section 74 of No. 11, which assume to specify the mode in which offences committed on the high seas should be dealt with; a matter provided for by the Imperial Act 12 & 13 Vict.

c. 96.

In obedience to your commands, we have taken this matter into consideration, and

have the honour to

Report

1. That we are disposed to think the latter part of section 7, No. 7, beyond the power of Colonial legislation. An accessory to a felony may be tried as a principal As this section by any court within whose jurisdiction the felony was committed. stands a man might be tried twice in different Colonies for the same felony, e.g., in Queensland because he was accessory to it in Queensland, in New Zealand because it was committed in Now Zealand. To obviate this consequence the section concludes with a provision that no person once tried shall be prosecuted again in respect of the same offence. But this provision (without which what goes before would seem to be unjust) is beyond the powers of a Colonial Legislature, which cannot legislate for other Colonies or for Great Britain. The Colonial Legislature, in following the somewhat similar provisions in the 24 & 25 Vict. c. 94. 8. 7. does not seem sufficiently to have distinguished between the respective powers of the Imperial and Colonial Legislatures.

2. The same objections do not appear to us to apply to section 3 of No. 11 for the conspiracy, which is in itself a complete offence, and is declared to be a misdemeanour, is assumed to have taken place wholly within the Colony; and the enactment seems to be warranted by the 24 & 25 Vict. c. 100. s. 4.

3. Section 53 of No. 3 does not appear to us to be in its intention repugnant to, but rather as carrying into effect, the provisions of 12 & 13 Vict. c. 96. 8. 1.; but the sections relating to the punishment of forgeries are inapplicable to forgeries upon the high seas, which must by 12 & 13 Vict. c. 96. s. 2. be punished as in England. The language, however, of this section seems to assume them to be applicable; and we are apprehensive that, if assented to by Her Majesty in its present form, it might be acted upon as if this Act, and not the Imperial Statute, were the legal authority for taking cognizance of and punishing offences of this kind in Queensland. In strictness, the words "all indictable offences mentioned in this Act," are inappropriate to describe offences which are such, not by virtue of this or any other Colonial legislation, but by virtue of the general law of the British Empire. It may be proper and convenient

0 16978.-479. 25.-5/86.

2