Western Australia Treason Act

32 VICTORIA No.
10
Criminal Law
WESTERN AUSTRALIA
API.NO TRIGESITIO SEGUNDO
VICTORIA REGINE
No. 10
An Ordinance for the better security of the Crown and
Government. [Assented to 5t1t, August, 1868.
HEREAS it is expedient to assimilate, as far as possible, the Preamble
W law of this Colony respecting treasonable offences to the law
of the United Kingdom : Be it therefore enacted by His Excellency
the Governor of Western Australia and its Dependencies, by and with
the advice and consent of the Legislative Council thereof, as follows :-
1. If any person or persons whatsoever shall compass, imagine, Offences against
invent, devise or intend death or destruction, or any bodily harm tend- Vloejlerezin of the
ing to death or destruction, maim or wounding, imprisonment or Treason
restraint of the person of our Sovereign Lady the Queen her heirs and
successors, and such compassings, imaginations, inventions, devices or
intentions or any of them shall express, utter or declare by publishing
any printing or writing, or by any overt act or deed ; being legally
convicted thereof upon the oaths of two lawful and credible witnesses
upon trial, or otherwise convicted or attainted by due course of law, then
every such person and persons, so as aforesaid offending, shall be deemed,
declared and adjudged to be a traitor and traitors, and shall suffer
pains of death, and also lose and forfeit as in cases of high treason.
2. If any person whatsoever, after the passing of this Ordinance, offences declared
shall, within the said Colony and its Dependencies, compass, imagine, felonies byte t
inven , devise or intend to deprive or depose our Most Gracious Lady punishable bp
theQueen her heirs or successors, from the style, honour or royal g.trul'h,,ti,titie„
name of the Imperial Crown of the United Kingdom, or of any other
of Her Majesty's dominions and countries, or to levy war against Her
Majesty, her heirs or successors, within any part of the United
Kingdom, or within this Colony and its Dependencies, or within any
other part of Her Majesty's dominions or countries under the obeisance
of Her Majesty, in order by force or constraint to compel her or them
to change her or their measures or counsels, or in order to put any force
or constraint upon, or in order to intimidate or overawe both Houses
or either House of Parliament, or intimidate or overawe the Governor
and Legislative Council or other the Legislature for the time being of
any such Colony, dominion or country, or to move or stir any foreigner
or stranger with force to invade the United Kingdom, this Colony or
any other Her Majesty's dominions or countries under the obeisance of
Her Majesty, her heirs or successors, and such compassings, imagina-
tions, inventions, devices or intentions, or any of them, shall express,
utter or declare by publishing any printing or writing, or by any overt
act or deed, every person so offending shall be guilty of felony, and:
being convicted thereof shall be liable, at the discretion of the Court, to
penal servitude for the term of his or her natural life or for any term
not less than seven years, or to be imprisoned for any term not exceeding
two years, with or without hard labour, as the Court shall direct.
32 VICTORIAN. No. 10
Criminal Law
la informations 3. It shall be lawful in any information or indictment for any

more than one
overt act may be felony under this Ordinance to charge against the offender any number
charged of the matters, acts or deeds by which such compassings, imaginations,
inventions, devices or intentions as aforesaid, or any of them, shall
have been expressed, uttered or declared.
Informations for 4. If the facts or matters alleged in any information or indictment
fetenY umier
Ordinance valid thi s for any felony under this Ordinance shall amount in law to treason,
though the facts such information or indictment shall not by reason thereof be deemed
may Amount to
treason void, erroneous or defective ; and if the facts or matters proved on the
trial of any person arraigned for any felony under this Ordinance
shall amount in law to treason, such person shall not by reason
thereof be entitled to be acquitted of such felony ; but no person tried
for such felony, shall be afterwards prosecuted for treason upon the
same facts.
As to thepunk/ L. 5. In the case of every felony punishable under this Ordinance,
snirrittafeecre sa. nd every principal in the second degree, and every accessory before the
after the fact fact, shall be punishable in the same manner as the principal in the
first degree is by this Ordinance punishable ; and every accessory
after the fact to any such felony shall on conviction be liable to be
imprisoned, with or without hard labour, for any term not exceeding
two years.
Not to affect 6. Nothing herein contained shall lessen the force of, or in any
provisions of manner affect anything enacted by the Statute passed in the twenty-
25 Ed. c.2
fifth year of the reign of King Edward the Third, A Declaration
which Offences shall be adjudged Treason.'
J. S. HAMPTON,
GOVERNOR AND COMMANDER-IN-GBIEF.

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32 VICTORIA No.

la informations 3. It shall be lawful in any information or indictment for any

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