Criminal Code 2007 (NI)

NORFOLK ISLAND

Criminal Code 2007

No. 11, 2007

Compilation No. 7

Compilation date: 10 July 2021

Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021 (F2021L00975)

NORFOLK ISLAND

Criminal Code 2007

Contents

CHAPTER 1  PRELIMINARY 1 Name of Act and commencement 3 Dictionary 4 Notes and examples CHAPTER 2  GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY PART 2.1  PURPOSE AND APPLICATION—CHAPTER 2 6 Purpose—chapter 2 7 Application—chapter 2 8 Certain provisions of this Chapter do not apply to certain pre‑2008 offences 10 Definition of applied provisions PART 2.2  THE ELEMENTS OF AN OFFENCE Division 2.2.1 General—Part 2.2 11 Elements 12 Establishing guilt of offences Division 2.2.2  Physical Elements 13 Definitions—conduct and engage in conduct 14 Physical elements 15 Voluntariness 16 Omissions Division 2.2.3  Fault Elements 17 Fault elements 18 Intention 19 Knowledge 20 Recklessness 21 Negligence 22 Offences that do not provide fault elements Division 2.2.4  Cases Where Fault Elements Are Not Required 23 Strict liability 24 Absolute liability PART 2.3  CIRCUMSTANCES WHERE THERE IS NO CRIMINAL RESPONSIBILITY Division 2.3.1 Lack of capacity—children 25 Children under 10 26 Children 10 and over but under 14 Division 2.3.2 Lack of capacity—mental impairment 27 Definition—mental impairment 28 Mental impairment and criminal responsibility 29 Mental impairment and other defences Division 2.3.3 Intoxication 30 Intoxication—interpretation 31 Intoxication—offences involving basic intent 32 Intoxication—negligence as fault element 33 Intoxication—relevance to defences 34 Involuntary intoxication Division 2.3.4  Mistake and ignorance 35 Mistake or ignorance of fact—fault elements other than negligence 36 Mistake of fact—strict liability 37 Mistake or ignorance of law creating offence 38 Claim of right Division 2.3.5  External factors 39 Intervening conduct or event 40 Duress 41 Sudden or extraordinary emergency 42 Self-defence 43 Lawful authority PART 2.4  EXTENSIONS OF CRIMINAL RESPONSIBILITY 44 Attempt 45 Complicity and common purpose 46 Agency 47 Incitement 48 Conspiracy PART 2.5  CORPORATE CRIMINAL RESPONSIBILITY 49 General principles 50 Physical elements 51 Corporation—fault elements other than negligence 52 Corporation—negligence 53 Corporation—mistake of fact—strict liability 54 Corporation—intervening conduct or event 55 Evidence of negligence or failure to exercise appropriate diligence PART 2.6  PROOF OF CRIMINAL RESPONSIBILITY 56 Legal burden of proof—prosecution 57 Standard of proof—prosecution 58 Evidential burden of proof—defence 59 Legal burden of proof—defence 60 Standard of proof—defence 61 Use of averments PART 2.7 GEOGRAPHICAL APPLICATION 62 Application and effect—Part 2.7 63 Interpretation—Part 2.7 64 Extension of offences if required geographical nexus exists 65 Geographical application—double criminality 66 Geographical application—procedure 67 Geographical application—suspicion etc that offence committed CHAPTER 3  OFFENCES AGAINST THE PERSON PART 3.1 UNLAWFUL KILLING 68 When child born alive 69 No time limit on criminal responsibility for homicide 70 Murder 71 Trial for murder—provocation 72 Trial for murder—diminished responsibility 73 Manslaughter PART 3.2  SUICIDE 74 Suicide, etc—not an offence 75 Suicide—aiding, etc 76 Prevention of suicide PART 3.3  OFFENCES ENDANGERING LIFE AND HEALTH 77 Intentionally inflicting grievous bodily harm 78 Recklessly inflicting grievous bodily harm 79 Wounding 80 Assault with intent to commit certain indictable offences 81 Inflicting actual bodily harm 82 Assault occasioning actual bodily harm 83 Causing grievous bodily harm 84 Common assault 86 Acts endangering life, etc 87 Acts endangering health, etc 88 Culpable driving of motor vehicle 89 Threat to kill 90 Threat to inflict grievous bodily harm 91 Demands accompanied by threats 92 Possession of object with intent to kill, etc 93 Forcible confinement 94 Stalking 95 Torture 96 Abduction of young person 97 Kidnapping PART 3.4  OFFENCES CONCERNING CHILDREN 98 Neglect, etc of children 99 Unlawfully taking child, etc 100 Exposing or abandoning child 101 Child destruction 102 Childbirth—grievous bodily harm 103 Concealment of birth PART 3.5  MISCELLANEOUS OFFENCES 104 Misconduct with regard to corpses 105 Aggravated offences—offences against pregnant women 106 Alternative verdicts for aggravated offences—offences against pregnant women 107 Alternative verdicts for certain other offences against the person PART 3.6  SEXUAL OFFENCES 108 Meaning of sexual intercourse in this Part 108A Meaning of act of indecency in this Part 109 Sexual assault in the first degree 110 Sexual assault in the second degree 111 Sexual assault in the third degree 112 Sexual intercourse without consent 113 Sexual intercourse with young person 113A Sexual intercourse with person aged at least 16 but under 18—defendant in position of trust or authority 114 Maintaining a sexual relationship with young person 115 Act of indecency in the first degree 116 Act of indecency in the second degree 117 Act of indecency in the third degree 118 Act of indecency without consent 119 Acts of indecency with young people 119A Act of indecency with person aged at least 16 but under 18—defendant in position of trust or authority 120 Incest and similar offences 121 Abduction 121A Procuring a young person for a child sex offence 121B Grooming a person for a child sex offence 121C Definitions for procuring and grooming offences PART 3.7  CHILD PORNOGRAPHY 122 Using child for production of child pornography etc 123 Trading in child pornography 124 Possessing child pornography 125 Using the Internet, etc to deprave young people 126 Consent PART 3.8  MISCELLANEOUS PROVISIONS FOR PART 3 127 Sexual intercourse—people not to be presumed incapable by reason of age 128 Marriage no bar to conviction 129 Alternative verdicts for certain sexual offences 130 Adding count for act of indecency 131 Indictment for act of indecency PART 3.9  FEMALE GENITAL MUTILATION 132 Meaning of female genital mutilation for Part 3.9 133 Prohibition of female genital mutilation 134 Removal of child from Norfolk Island for genital mutilation 135 Exception—medical procedures for genuine therapeutic purposes 136 Exception—sexual reassignment procedures PART 3.10  SEXUAL SERVITUDE 137 Meaning of sexual servitude and sexual services for Part 3.10 138 Sexual servitude offences 139 Deceptive recruiting for sexual services 140 Increased penalty for aggravated offences 141 Alternative verdict if aggravated offence not proven PART 3.11  OFFENCES RELATING TO PROPERTY Division 3.11.1 Money laundering and organised fraud 142 Definitions for Division 3.11.1 143 Money laundering 144 Possession etc of property suspected of being proceeds of crime 145 Organised fraud Division 3.11.2 Criminal damage to property 146 Interpretation for Division 3.10.2 147 Destroying or damaging property 148 Arson 149 Defacing premises 150 Untrue representations 151 Alternative verdict Division 3.11.3  Contamination of goods and related offences 152 Definitions of contaminate and goods 153 Meaning of economic loss 154 Contaminating goods with intent to cause public alarm or economic loss 155 Threatening to contaminate goods with intent to cause public alarm or economic loss 156 Making false statements about contamination of goods with intent to cause public alarm or economic loss 157 Territorial nexus for offences Division 3.11.4 Offences relating to causing public alarm 158 Acting with intent to cause public alarm 159 Threatening to act with intent to cause public alarm 160 Making false statements with intent to cause public alarm 161 Territorial nexus for offences Division 3.11.5 Miscellaneous 162 Removal of sea banks, etc 163 Displaying false signals 164 Removing or concealing buoys, etc 165 Forcible entry on land 166 Forcible detainer of land 167 Disclosure of information by public employees 168 Additional offences on government premises PART 3.12  ESCAPE PROVISIONS 169 Meaning of lawful custody—periodic detention 170 Aiding prisoner to escape 171 Escaping 172 Rescuing a prisoner from custody etc 173 Person unlawfully at large 174 Permitting escape 175 Harbouring, etc escapee 176 Failure to answer bail, etc—offence CHAPTER 4  THEFT, FRAUD, BRIBERY AND RELATED OFFENCES PART 4.1  INTERPRETATION FOR CHAPTER 4 177 Definitions—chapter 4 178 Person to whom property belongs for chapter 4 179 Dishonesty a matter for trier of fact PART 4.2  THEFT AND RELATED OFFENCES Division 4.2.1 Interpretation for Part 4.2 180 Dishonesty for Part 4.2 181 Appropriation of property for Part 4.2 182 Person to whom property belongs for Part 4.2 183 Intention of permanently depriving for Part 4.2 184 General deficiency Division 4.2.2  Indictable offences for Part 4.2 185 Theft 186 Robbery 187 Aggravated robbery 188 Burglary 189 Aggravated burglary 190 Receiving 191 Receiving—meaning of stolen property 192 Going equipped for theft, etc 193 Going equipped with offensive weapon for theft, etc 194 Making off without payment 195 Taking, etc motor vehicle without consent 196 Dishonestly taking Administration property 197 Dishonestly retaining Administration property Division 4.2.3  Summary offences for Part 4.2 198 Minor theft 199 Removal of articles on public exhibition 200 Making off without payment—minor offence 201 Unlawful possession of stolen property PART 4.3  FRAUDULENT CONDUCT Division 4.3.1 Interpretation for Part 4.3 202 Definitions—Part 4.3 Division 4.3.2 Obtaining property by deception 203 Obtaining property by deception 204 Dishonesty for Division 4.3.2 205 Meaning of obtains for Division 4.3.2 206 Intention of permanently depriving—Division 4.3.2 207 Money transfers 208 General deficiency for Division 4.3.2 Division 4.3.3  Other indictable offences for Part 4.3 209 Obtaining financial advantage by deception 210 General dishonesty 211 Conspiracy to defraud Division 4.3.4 Summary offences for Part 4.3 212 Obtaining financial advantage from the Administration 213 Passing valueless cheques PART 4.4  FALSE OR MISLEADING STATEMENTS, INFORMATION AND DOCUMENTS 214 Making false statements on oath or in statutory declarations 215 Making false or misleading statements 216 Giving false or misleading information 217 Producing false or misleading documents PART 4.5  BLACKMAIL 218 Meaning of menace for Part 4.5 219 Meaning of unwarranted demand with a menace for Part 4.5 220 Blackmail PART 4.6  FORGERY AND RELATED OFFENCES Division 4.6.1 Interpretation for Part 4.6 221 Definitions—Part 4.6 222 Meaning of false document, etc for Part 4.6 223 Inducing acceptance that document genuine Division 4.6.2 Offences for Part 4.6 224 Forgery 225 Using false document 226 Possessing false document 227 Making or possessing device, etc for making false document 228 False accounting 229 False statement by officer of body PART 4.7  BRIBERY AND RELATED OFFENCES Division 4.7.1 Interpretation for Part 4.7 230 Definitions—Part 4.7 231 Meaning of agent and principal for Part 4.7 232 Dishonesty for Part 4.7 233 Meaning of obtain for Part 4.7 Division 4.7.2 Offences for Part 4.7 234 Bribery 235 Other corrupting benefits 236 Payola 237 Abuse of public office PART 4.8  IMPERSONATION OR OBSTRUCTION OF PUBLIC OFFICIALS Division 4.8.1 Indictable offences for Part 4.8 238 Impersonating public official 239 Obstructing public official Division 4.8.2 Summary offences for Part 4.8 240 Impersonating police officer 241 Obstructing public official PART 4.9  PROCEDURAL MATTERS FOR CHAPTER 4 Division 4.9.1 General—Part 4.9 242 Stolen property held by dealers, etc—owners rights 243 Stolen property held by police—disposal 244 Procedure and evidence—theft, receiving, etc 245 Certain proceedings not to be heard together 246 Indictment for offence relating to deeds, money etc 247 Theft of motor vehicle—cancellation of licence Division 4.9.2  Alternative verdicts—Chapter 4 248 Alternative verdicts—theft and taking motor vehicle without consent 249 Alternative verdicts—theft or obtaining property by deception and receiving 250 Alternative verdicts—theft and obtaining property by deception 251 Verdict of "theft or receiving" etc 252 Alternative verdicts—making false or misleading statements Division 4.9.3  Forfeiture—Chapter 4 253 Going equipped offences—forfeiture 254 Unlawful possession offence—forfeiture 255 Forgery offences—forfeiture CHAPTER 5  PROPERTY DAMAGE AND COMPUTER OFFENCES PART 5.1  PROPERTY DAMAGE OFFENCES Division 5.1.1  Interpretation for Part 5.1 256 Definitions—Part 5.1 257 Person to whom property belongs 258 Meaning of threat for Part 5.1 Division 5.1.2 Offences—Part 5.1 259 Damaging property 260 Arson 261 Causing bushfires 262 Threat to cause property damage—fear of death or serious harm 263 Threat to cause property damage 264 Possession of thing with intent to damage property Division 5.1.3 Defences—Part 5.1 265 Consent—Part 5.1 offences 266 Claim of right—Part 5.1 offences 267 Self-defence PART 5.2  COMPUTER OFFENCES 268 Definitions—Part 5.2 269 Limited meaning of access to data, etc 270 Meaning of unauthorised access, modification or impairment 271 Unauthorised access, modification or impairment with intent to commit serious offence 272 Unauthorised modification of data to cause impairment 273 Unauthorised impairment of electronic communication 274 Possession of data with intent to commit serious computer offence 275 Producing, supplying or obtaining data with intent to commit serious computer offence 276 Unauthorised access to or modification of restricted data held in computer 277 Unauthorised impairment of data held in computer disc, credit card, etc PART 5.3  SABOTAGE 278 Definitions—Part 5.3 279 Sabotage 280 Threaten sabotage CHAPTER 6  SERIOUS DRUG OFFENCES PART 6.1  INTERPRETATION FOR CHAPTER 6 281 Definitions—chapter 6 282 Meaning of trafficable quantity, commercial quantity and large commercial quantity PART 6.2  TRAFFICKING IN CONTROLLED DRUGS 283 Meaning of trafficking 284 Trafficking in controlled drug 285 Trafficking offence—presumption if trafficable quantity possessed etc 286 Complicity, incitement and conspiracy offences do not apply to buyers of drugs PART 6.3  MANUFACTURING CONTROLLED DRUGS AND PRECURSORS 287 Meaning of manufacture 288 Manufacturing controlled drug for selling 289 Manufacturing offence—presumption if trafficable quantity manufactured 290 Manufacturing controlled drug 291 Selling controlled precursor for manufacture of controlled drug 292 Manufacturing controlled precursor for manufacture of controlled drug 293 Possessing controlled precursor 294 Supplying substance, equipment or instructions for manufacturing controlled drug 295 Possessing substance, equipment or instructions for manufacturing controlled drug PART 6.4  CULTIVATING CONTROLLED PLANTS 296 Meaning of cultivate 297 Cultivating controlled plant for selling 298 Cultivating offence—presumption if trafficable quantity cultivated 299 Cultivating controlled plant 300 Selling controlled plant 301 Supplying plant material, equipment or instructions for cultivating controlled plant 302 Possessing plant material, equipment or instructions for cultivating controlled plant PART 6.4A  USE OF DRUGS 302A Use of controlled drugs or hallucinogenic substances PART 6.5  DRUG OFFENCES INVOLVING CHILDREN 303 Supplying controlled drug to child for selling 304 Supplying offence—presumption if trafficable quantity supplied, etc 305 Procuring child to traffic in controlled drug 306 Supplying controlled drug to child 307 Children not criminally responsible for offences against Part 7.5 PART 6.6  GENERAL PROVISIONS FOR DRUG OFFENCES 308 Application—Part 6.6 309 Carrying on business of trafficking 310 Single offence for trafficking, etc on different occasions 311 Single offence for different parcels trafficked, etc on the same occasion 312 Single offence—working out quantities if different kinds of controlled drug, etc involved 313 Knowledge or recklessness about identity of controlled drugs, plants and precursors 314 Alternative verdicts—mistaken belief about identity of controlled drug, precursor or plant 315 Alternative verdicts—mistaken belief about quantity of controlled drug, precursor or plant 316 Alternative verdicts—different quantities 317 Alternative verdicts—trafficking and obtaining property by deception 317A Defences for hallucinogenic substances 317B Certificate of evidence PART 6.7  OFFENCES RELATING TO PROPERTY DERIVED FROM DRUG OFFENCES 318 Meaning of drug offence 319 Property directly or indirectly derived from drug offence 320 Concealing, etc property derived from drug offence 321 Receiving property directly derived from drug offence PART 6.8  APPLICATION OF CHAPTER 6 322 Uncertainty about when conduct engaged in CHAPTER 7  ADMINISTRATION OF JUSTICE OFFENCES PART 7.1  INTERPRETATION FOR CHAPTER 7 323 Definitions—chapter 7 324 Meaning of legal proceeding for chapter 7 PART 7.2  INDICTABLE OFFENCES FOR CHAPTER 7 Division 7.2.1  Perjury 325 Aggravated perjury 326 Perjury 327 Additional provisions about perjury or aggravated perjury Division 7.2.2  Falsifying, destroying or concealing evidence 328 Making or using false evidence 329 Destroying or concealing evidence Division 7.2.3  Protection Of People Involved In Legal Proceedings 330 Corruption in relation to legal proceedings 331 Deceiving witness, interpreter or juror 332 Threatening, etc witness, interpreter or juror 333 Preventing attendance, etc of witness, interpreter or juror 334 Preventing production of thing in evidence 335 Reprisal against person involved in proceeding Division 7.2.4 Perverting the course of justice and related offences 336 Perverting the course of justice 337 Publication that could cause miscarriage of justice 338 False accusation of offence 339 Compounding of offence 340 Accessory after the fact PART 7.3  SUMMARY OFFENCES FOR CHAPTER 7 341 Pleading guilty in another's name 342 Failing to attend 343 Failing to produce document or other thing 344 Failing to take oath 345 Failing to answer question or give information 346 Making, etc false or misleading statements in legal proceeding 347 Obstructing, etc legal proceeding 348 Obstructing or hindering investigation PART 7.4  PROCEDURAL MATTERS FOR CHAPTER 7 349 Consent required for certain prosecutions 350 Alternative verdicts—aggravated perjury and perjury 351 Alternative verdicts—perverting the course of justice and publication that could cause miscarriage of justice CHAPTER 8  OFFENCES PUNISHABLE SUMMARILY AND SUMMARY PROCEDURE GENERALLY 352 Summary offences 353 Summary disposal of certain cases 354 Saving of other summary jurisdiction 355 Certificate of dismissal 356 Summary conviction or dismissal bar to indictment 357 Misbehaviour at public meetings 358 Possession of offensive weapons and disabling substances 359 Possession of offensive weapons and disabling substances with intent 360 Possession of knife in public place or school 361 Sale of knife to person under 16 362 Retail supplier of knives to display sign 363 Laying of poison 364 Making false invoice 365 Application of compensation 366 Entrance to cellars, etc 367 Fighting 368 Offensive behaviour 369 Indecent exposure 370 Bogus advertisements 371 Public mischief 372 Apprehended violence or injury—recognisance to keep the peace, etc 373 Alternative methods of proceeding before magistrate 374 General averment of intent to defraud or injure CHAPTER 9  MISCELLANEOUS 375 Joinder of charges 376 Protection of persons acting under Act 377 Power of courts to bring detainees before them 378 Witnesses neglecting to attend trial and captured under warrant may be admitted to bail 379 Offence of criminal defamation 380 Offence notices 381 Approved forms 382 Regulation-making power Dictionary NOTES Table of Amendments