High Court of Australia
246 HIGH COURT
H.C. oF A. 1922.
ww HickMAN v FepERAL Commis- SIONER OF TAXATION.
is to be levied.
(HIGH COURT OF AUSTRALIA.]
BECKETT . . : 2
AND
THESKING eres
ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND.
H.C. or A. Criminal Law—Murder—Conviction of child under seventeen years of age—Sentence —Abolition of capital punishment—Statute—Interpretation—Criminal Code — (Qd.) (63 Vict. No. 9, Sched. I.), sec. 305*—State Children Act 1911 (Qd.) (2_ Geo. V. No. 11), secs. 4, 24 *—Criminal Code Amendment Act 1922 (Qd.) (13 _
1922, —~ Sypnery,
Dec, 11. Geo. V. No. 2), secs. 2, 3.*
* See. 305 of the Criminal Code (Qd.)
Teacs, Higgins, provides that any person who commits
and Starke dy, the crime of wilful murder is liable to the punishment of death.
See. 4 of the State Children Act of 1911 (Qd.) defines the word "child" as meaning "a boy or girl under the age or apparent age of seventeen years," and the word " convicted " as meaning "found guilty or convicted of any crime or offence punishable by im- prisonment."" Sec, 24 provides that "Tf any child is convicted, the Court having cognizance of the case shall not sentence such child to imprisonment, but shall—(a) Commit such child to the care of the " State Children ' Depart- ment ; or(b) Order such child to be sent
complicated figures in order to find the amount on which the
Solicitor for the appellant, W. H. Conwell. Solicitors for the respondent, Chambers, McNab & McNab, for Gordon H. Castle, Crown Solicitor for the Commonwealth.
- Order accordingly. é
B.L.
RESPONDENT. ©
to a reformatory or industrial school, and to be there detained or to be other- wise dealt with under this Act"; &e.
Sec. 2 of the Criminal Code Amend- ment Act of 1922 (Qd.), which came into operation on 31st July 1922, provided that "The sentence of punishment by death shall no longer be pronounced or recorded, and punishment of death shall no longer be inflicted." Sec. 3 amends the Criminal Code (inter alia) by repealing the words | "the punishment of death " in sec. 305, and inserting in lieu thereof the words | "imprisonment with hard labour for life, which cannot be mitigated or varied under section nineteen of Code."
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