NCJ Number
61775
Date Published
1978
Length
22 pages
Annotation
THIS REPORT PROPOSES AN AMENDMENT TO THE LAW SO THAT 68 INDICTABLE OFFENSES NOW TRIED IN THE NATIONAL COURT OF PAPUA NEW GUINEA CAN BE TRIED IN THE DISTRICT COURT.
Abstract
ONLY SENIOR MAGISTRATES WILL BE PERMITTED TO HEAR AND DETERMINE THESE CASES. THEY MAY APPLY THE GENERAL PROVISIONS OF THE CRIMINAL CODE AS TO MATTERS OF LAW, PUNISHMENT, JUSTIFICATION, ATTEMPTS, AND OTHER MATTERS WHICH ARE COINCIDENTAL TO THE HEARING OF A CRIMINAL TRIAL. THE DISTRICT COURT WILL HAVE THE POWER TO REFER DIFFICULT MATTERS OF LAW TO THE NATIONAL COURT FOR DECISION. THE MAIN PROVISION OF THE PROPOSED BILL IS THE INCLUSION OF A NEW SCHEDULE FIVE IN THE DISTRICT COURTS ACT LISTING THE SPECIFIC OFFENSES IN THE CRIMINAL CODE THAT ARE TRIABLE SUMMARILY IN THE DISTRICT COURT. THESE OFFENSES ARE DIVIDED INTO THE FOLLOWING CATEGORIES: OFFENSES RELATING TO LETTERS, TELEGRAMS, ETC.; INDECENT DEALINGS AND ASSAULTS ON WOMEN AND GIRLS; PORNOGRAPHY AND GAMBLING OFFENSES; ASSAULTS UP TO AND INCLUDING ASSAULTS OCCASIONING BODILY HARM; STEALING MONEY AND OTHER THINGS; BREAKING AND ENTERING OFFENSES; LESSER FORMS OF ARSON; AND HEALTH AND QUARANTINE OFFENSES. OTHER CATEGORIES INCLUDE MISCELLANEOUS OFFENSES SUCH AS UNLAWFUL ASSEMBLY, UNLAWFULLY USING A MOTOR VEHICLE, AND DANGEROUS DRIVING CAUSING DEATH; ATTEMPTS TO COMMIT ANY OF THE AFOREMENTIONED OFFENSES; CONSPIRING TO COMMIT THE OFFENSES; AND BEING AN ACCESSORY TO AN OFFENSE. THE CRIMINAL CODE IS BASED ON THE QUEENSLAND CRIMINAL CODE WHICH HAS BASICALLY REMAINED THE SAME SINECE IT WAS FIRST ENACTED IN 1899. A MUCH-NEEDED OVERALL REVIEW OF THE CRIMINAL CODE IS BEING CONDUCTED BY THE LAW REFORM COMMISSION. HOWEVER, BECAUSE THE CRIMINAL CODE IS THE PRESENT LAW, SOME ANOMALIES MAY APPEAR IN THE SELECTION OF OFFENSES TO BE HEARD SUMMARILY. THE ACTUAL STRUCTURE OF THE CRIMINAL CODE, HOWEVER POSES SOME LIMITATIONS AND UNTIL THE REVIEW IS COMPLETED, DIFFICULTIES WILL REMAIN. FOOTNOTES AND A DRAFT OF THE PROPOSED BILL ARE INCLUDED. (PRG)