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Version: 1.6.
South Australia
Criminal Law Consolidation Act 1935
An Act to consolidate certain Acts relating to the criminal law; and for other purposes.
Contents
Part 1—Preliminary
1 Short title 5 Interpretation 5AA Aggravated offences 5A Abolition of capital punishment 5B Proof of lawful authority or lawful or reasonable excuse 5D Abolition of historical classifications
Part 1A—Territorial application of the criminal law
5E Interpretation 5F Application 5G Territorial requirements for commission of offence against a law of this State 5H Procedural provisions 5I Double criminality
Part 2—Treason
6 Repeal 7 Treason 8 Time within which prosecution shall be commenced and warrant issued 9 In informations more than one overt act may be charged 10 Nothing herein to affect 25 Edward III Stat. 5, c. 2 10A Penalty for treason
Part 3—Offences against the person etc
Division 1—Homicide
11 Murder 12 Conspiring or soliciting to commit murder 12A Causing death by an intentional act of violence 13 Manslaughter 13A Criminal liability in relation to suicide
Division 1A—Criminal neglect etc
13B Interpretation 14 Criminal neglect 14A Failing to provide food etc in certain circumstances
Criminal Law Consolidation Act 1935—1.6. Contents
Division 2—Defences
14B Abolition of certain common law defences 15 Self defence 15A Defence of property etc 15B Reasonableness etc where offence committed in circumstances of family violence 15C Requirement of reasonable proportionality not to apply in case of an innocent defence against home invasion 15D Duress 15E Sudden or extraordinary emergency 15F Review of Division
Division 3—Miscellaneous
16 Petit treason 18 Abolition of year-and-a-day rule
Division 4—Unlawful threats
19 Unlawful threats
Division 5—Stalking
19AA Unlawful stalking
Division 6—Serious vehicle and vessel offences
19AAB Interpretation 19A Causing death or harm by use of vehicle or vessel 19AB Leaving accident scene etc after causing death or harm by careless use of vehicle or vessel 19AC Dangerous driving to escape police pursuit etc 19AD Street racing 19ADA Extreme speed 19B Alternative verdicts
Division 7—Assault
20 Assault 20AA Causing harm to, or assaulting, certain emergency workers etc 20AB Further offence involving use of human biological material 20AC Alternative verdicts
Division 7AA—Choking etc in a domestic setting
20A Choking, suffocation or strangulation in a domestic setting
Division 7A—Causing physical or mental harm
21 Interpretation 22 Conduct falling outside the ambit of this Division 23 Causing serious harm 24 Causing harm 25 Alternative verdicts 29 Acts endangering life or creating risk of serious harm 29A Shooting at police officers 31 Possession of object with intent to kill or cause harm
Division 7AB—Special firearm offences
32 Possession of a firearm with intent to commit an offence
Criminal Law Consolidation Act 1935—1.6. Contents
Division 11B—Institutional and out of home care child sexual abuse
64 Interpretation 64A Failure to report suspected child sexual abuse 65 Failure to protect child from sexual abuse
Division 12—Commercial sexual services and related offences
65A Definitions relating to commercial sexual services 66 Sexual servitude and related offences 67 Deceptive recruiting for commercial sexual services 68 Use of children in commercial sexual services
Division 13—Miscellaneous sexual offences
68A Abolition of crime of sodomy 69 Bestiality 72 Incest
Division 14—Procedure in sexual offences
72A Former time limit abolished 73 Proof of certain matters 75 Alternative verdict on charge of rape etc 76 Corroborative evidence in certain cases
Division 15—Bigamy
78 Bigamy 79 Defences in cases of bigamy
Division 16—Abduction of children
80 Abduction of child under 16 years
Division 17—Abortion
81 Attempts to procure abortion 82 Procuring drugs etc to cause abortion 82A Medical termination of pregnancy
Division 18—Concealment of birth
83 Concealment of birth
Part 3A—Offences relating to public order
83A Interpretation 83B Riot 83C Affray 83CA Information for terrorist acts
Part 3B—Offences relating to criminal organisations
Division 1—Participation in criminal organisation
83D Interpretation 83E Participation in criminal organisation 83F Alternative verdicts 83G Evidentiary
1.6.2022—Criminal Law Consolidation Act 1935 Contents
Division 2—Public places, prescribed places and prescribed events
83GA Preliminary 83GB Report of Crime and Public Integrity Policy Committee 83GC Participants in criminal organisation being knowingly present in public places 83GD Participants in criminal organisation entering prescribed places and attending prescribed events 83GE Participants in criminal organisation recruiting persons to become participants in the organisation 83GF Sentencing 83GG Evidentiary
Part 3C—Protection for working animals
83H Interpretation 83I Causing death or serious harm etc to working animals 83J Court may order compensation and other costs 83K Enforcement of order for compensation etc 83L Evidentiary
Part 3D—Explosives offences
83M Interpretation 83N Explosive devices 83O Explosive substances, prescribed equipment or instructions 83P Bomb hoaxes
Part 4—Offences with respect to property
84 Preliminary 85 Arson and other property damage 85A Recklessly endangering property 85B Special provision for causing bushfire 86 Possession of object with intent to damage property 86A Using motor vehicle without consent
Part 4A—Computer offences
86B Interpretation 86C Meaning of unauthorised access to or modification of computer data 86D Meaning of unauthorised impairment of electronic communication 86E Use of computer with intention to commit, or facilitate the commission of, an offence 86F Use of computer to commit, or facilitate the commission of, an offence outside the State 86G Unauthorised modification of computer data 86H Unauthorised impairment of electronic communication 86I Possession of computer viruses etc with intent to commit serious computer offence
Part 5—Offences of dishonesty
Division 1—Preliminary
130 Interpretation 131 Dishonesty 132 Consent of owner 133 Operation of this Part
1.6.2022—Criminal Law Consolidation Act 1935 Contents
Division 2—Unlawful bias in commercial relationships
146 Fiduciaries 147 Exercise of fiduciary functions 148 Unlawful bias 149 Offence for fiduciary to exercise unlawful bias 150 Bribery
Division 3—Exclusion of defence
151 Exclusion of defence
Part 6A—Serious criminal trespass
167 Sacrilege 168 Serious criminal trespass 169 Serious criminal trespass—non-residential buildings 170 Serious criminal trespass—places of residence 170A Criminal trespass—places of residence
Part 6B—Blackmail
171 Interpretation 172 Blackmail
Part 6C—Piracy
173 Interpretation 174 Piracy
Part 7—Offences of a public nature
Division 1—Preliminary
237 Definitions 238 Acting improperly 239 General attempt offence excluded 240 Parliamentary privilege not affected
Division 2—Impeding investigation of offences or assisting offenders
241 Impeding investigation of offences or assisting offenders
Division 2A—Offences relating to providing false or misleading information to a
court
241A False or misleading information entered into electronic court management system
Division 3—Offences relating to judicial proceedings
242 Perjury and subornation 243 Fabricating, altering or concealing evidence 244 Offences relating to witnesses 245 Offences relating to jurors 246 Confidentiality of jury deliberations and identities 247 Harassment to obtain information about jury's deliberations 248 Threats or reprisals relating to persons involved in criminal investigations or judicial proceedings
Criminal Law Consolidation Act 1935—1.6. Contents
Division 4—Offences relating to public officers
249 Bribery or corruption of public officers 250 Threats or reprisals against public officers 251 Abuse of public office 252 Demanding or requiring benefit on basis of public office 253 Offences relating to appointment to public office
Division 5—Escape, rescue and harbouring of persons subject to detention
254 Escape or removal from lawful custody 255 Harbouring or employing escapee etc
Division 6—Attempt to obstruct or pervert course of justice or due administration
of law
256 Attempt to obstruct or pervert course of justice or due administration of law
Division 7—Criminal defamation
257 Criminal defamation
Division 8—Offences limited in relation to industrial disputes and restraint of trade
258 Offences limited in relation to industrial disputes and restraint of trade
Part 7A—Goods contamination and comparable offences
259 Interpretation 260 Unlawful acts of goods contamination or other acts prejudicing the health or safety of the public 261 Goods contamination unrelated to issues of public health and safety
Part 7B—Accessories
267 Aiding and abetting
Part 7C—Derivative liability for certain offences
267AA Offence where unlawfully supplied firearm used in subsequent offence
Part 8—Intoxication
267A Definitions 268 Mental element of offence to be presumed in certain cases 269 Question of intoxication must be specifically raised
Part 8A—Mental impairment
Division 1—Preliminary
269A Interpretation 269B Distribution of judicial functions between judge and jury 269BA Charges on which alternative verdicts are possible
Division 2—Mental competence to commit offences
269C Mental competence 269D Presumption of mental competence 269E Reservation of question of mental competence
Criminal Law Consolidation Act 1935—1.6. Contents
269R Reports and statements to be provided to court 269T Matters to which court is to have regard 269U Revision of supervision orders
Subdivision 3—Continuing supervision orders
269UA Application for continuing supervision 269UB Continuing supervision orders 269UC Variation or revocation of continuing supervision order 269UD Appeal
Subdivision 4—Administrative detention for defendant released on licence under this
Division
269UE Administrative detention for defendant released on licence under this Division 269UF Powers of police officers relating to persons in respect of whom an administrative detention order has been issued
Subdivision 5—Custody, supervision and care
269V Custody, supervision and care
Subdivision 6—Effect of supervening imprisonment on an order under Division 4
269VA Effect of supervening imprisonment
Division 4A—Interstate transfer of persons subject to supervision order
269VB Interpretation 269VC Informed consent 269VD Transfer of persons from South Australia to another participating jurisdiction 269VE Transfer of persons from participating jurisdiction to South Australia
Division 5—Miscellaneous
269W Counsel to have independent discretion 269WA Power to order examination etc in pre-trial proceedings 269X Power of court to deal with defendant before proceedings completed 269Y Appeals 269Z Counselling of next of kin and victims 269ZA Exclusion of evidence 269ZB Arrest of person who escapes from detention etc
Part 9—Miscellaneous and procedure
Division 1—Punishment for certain common law offences
270 Punishment for certain offences
Division 2—Attempts
270A Attempts 270AB Attempted manslaughter
Division 3—Assaults with intent
270B Assaults with intent
Division 4—Preparatory conduct
270C Going equipped for commission of offence of dishonesty or offence against property
1.6.2022—Criminal Law Consolidation Act 1935 Contents
270D Going equipped for commission of offence against the person
Division 5—Apprehension of offenders
271 General power of arrest 273 Judge's warrant for arrest of person charged
Division 14—Provision as to persons convicted of offence
329 Provision as to persons convicted of an offence
Part 12—Regulations
370 Regulations
Schedule 11—Abolition of certain offences
1 Certain common law offences abolished 2 Certain offences under Imperial law abolished 3 Special provisions relating to maintenance and champerty
Appendix 1
Legislative history
16.12.2021—Criminal Law Consolidation Act 1935 Preliminary—Part 1
The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Criminal Law Consolidation Act 1935.
5—Interpretation
(1) In this Act, unless the contrary intention appears—
aggravated offence —where a provision differentiates between the penalty for an
aggravated offence and the penalty for a basic offence, the reference to an aggravated
offence is a reference to the offence in its aggravated form (see section 5AA);
approved carer , of a child, means an approved carer (within the meaning of the
Children and Young People (Safety) Act 2017 ) in whose care the child has been placed
under that Act;
basic offence —where a provision differentiates between the penalty for an aggravated
offence and the penalty for a basic offence, the reference to a basic offence is a
reference to the offence in its non-aggravated form (see section 5AA);
bestiality means sexual activity between a person and an animal;
common prostitute includes any male person who prostitutes his body for fee or
reward;
court means, except where a contrary intention is indicated or appears from the
context, the Supreme Court, the District Court or a court of summary jurisdiction;
criminal organisation has the same meaning as in Part 3B Division 1;
domestic partner means a person who is a domestic partner within the meaning of the
Family Relationships Act 1975 , whether declared as such under that Act or not;
drive includes ride;
driver's licence includes a learner's permit;
dwelling house does not include a building, although within the curtilage of a
dwelling house and occupied with the dwelling house, unless there is a
communication between the building and dwelling house, either immediate or by
means of a covered and enclosed passage leading from the one to the other;
firearm has the same meaning as in the Firearms Act 2015 ;
foster parent , of a child, includes—
(a) an approved carer of the child; and
(b) a person in whose care the child is placed under section 77 of the Children
and Young People (Safety) Act 2017 ;
liable to be imprisoned for life means liable to be imprisoned for life or any lesser
term;
local government body means a council or other body constituted under the Local
Government Act 1999 ;
Criminal Law Consolidation Act 1935—16.12. Part 1—Preliminary
motor vehicle means a vehicle that is propelled by a motor;
motor vessel means a vessel that is propelled by a motor;
night means the interval between nine o'clock in the evening and six o'clock in the
morning of the next day;
offensive weapon means—
(a) an article or substance made or adapted for use for causing, or threatening to
cause, personal injury or incapacity including—
(i) a firearm or imitation firearm (ie an article intended to be taken for a
firearm); or
(ii) an explosive or an imitation explosive (ie an article or substance
intended to be taken for an explosive); or
(b) an article or substance that a person has—
(i) for the purpose of causing personal injury or incapacity; or
(ii) in circumstances in which another is likely to feel reasonable
apprehension that the person has it for the purpose of causing
personal injury or incapacity;
the Parole Board means the Parole Board of South Australia;
place of divine worship means any church, chapel, meeting house or other place of
divine worship;
planning assessment panel means an assessment panel appointed or constituted under
Part 6 Division 2 of the Planning, Development and Infrastructure Act 2016 ;
property means real or personal property whether tangible or intangible and includes a
wild animal that is in captivity or ordinarily kept in captivity;
serious and organised crime offence means—
(a) an offence against Part 3B; or
(b) an offence that—
(i) is punishable by life imprisonment; or
(ii) is an aggravated offence against a provision of this, or any other,
Act,
if it is alleged that the offence was committed in the circumstances where—
(iii) the offender committed the offence for the benefit of a criminal
organisation, or 2 or more members of a criminal organisation, or at
the direction of, or in association with, a criminal organisation; or
(iv) in the course of, or in connection with, the offence the offender
identified himself or herself in some way as belonging to, or
otherwise being associated with, a criminal organisation (whether or
not the offender did in fact belong to, or was in fact associated with,
the organisation);
Criminal Law Consolidation Act 1935—16.12. Part 1—Preliminary
(iii) in retribution against the victim for taking legal proceedings or for
the victim's conduct (as party, witness or in any other capacity) in
legal proceedings;
(e) the offender committed the offence knowing that the victim of the offence
was, at the time of the offence—
(i) in the case of an offence against Part 3 Division 8A or
Division 11A—under the age of 14 years;
(ii) in any other case—under the age of 12 years;
(f) the offender committed the offence knowing that the victim of the offence
was, at the time of the offence, over the age of 60 years;
(g) the offender committed the offence knowing that the victim of the offence
was a person with whom the offender was, or was formerly, in a relationship;
(ga) —
(i) the offender committed the offence for the benefit of a criminal
organisation, or 2 or more members of a criminal organisation, or at
the direction of, or in association with, a criminal organisation; or
(ii) in the course of, or in connection with, the offence the offender
identified himself or herself in some way as belonging to, or
otherwise being associated with, a criminal organisation (whether or
not the offender did in fact belong to, or was in fact associated with,
the organisation);
(h) except in the case of an offence against Part 3A, the offender committed the
offence in company with 1 or more other persons (including persons who are
children);
(ha) in the case of an offence against Division 2 or 3 of Part 5, or Part 6A—the
offender committed the offence in a place in relation to which, at the time of
the offence—
(i) there was in force a declaration under Part 4 of the Emergency
Management Act 2004 ; or
(ii) —
(A) residents and others in the place, or in the vicinity of the
place, had been advised (by radio broadcast) by the CFS
that, as a result of a severe, extreme or catastrophic fire
danger rating in respect of the place, they should activate
their bushfire survival plan; and
(B) that advice had not been withdrawn or ceased to apply; or
(iii) residents and others had not been able to return to the place after
leaving in response to a declaration referred to in subparagraph (i) or
the provision of advice referred to in subparagraph (ii),
and the offender knew, ought reasonably to have known, or was reckless with
respect to, that fact;
(i) the offender abused a position of authority, or a position of trust, in
committing the offence;
16.12.2021—Criminal Law Consolidation Act 1935 Preliminary—Part 1
(ia) in the case of an offence constituted under Part 7B where the principal
offence is an aggravated offence—the principal offender was, to the
knowledge of the offender under that Part, a child;
(j) the offender committed the offence knowing that the victim was, at the time
of the offence, in a position of particular vulnerability because of physical
disability or cognitive impairment;
(k) in the case of an offence against the person—
(i) the victim was, to the knowledge of the offender, in a position of
particular vulnerability at the time of the offence because of the
nature of his or her occupation or employment;
(ka) in the case of an offence against the person—the victim was, at the time of
the offence, engaged in a prescribed occupation or employment (whether on a
paid or volunteer basis) and the offender committed the offence knowing the
victim to be acting in the course of the victim's official duties;
(l) the offender was, at the time of the offence, acting in contravention of an
injunction or other order of a court (made in the exercise of either state or
federal jurisdiction) and the offence lay within the range of conduct that the
injunction or order was designed to prevent.
(1a) For the purposes of section 19A, an aggravated offence is an offence committed in 1
or more of the following circumstances:
(a) the offender committed the offence in the course of attempting to escape
pursuit by a police officer;
(ab) the offender was, at the time of the offence, driving a motor vehicle in a street
race;
(b) the offender was, at the time of the offence, driving a vehicle knowing that he
or she was disqualified, under the law of this State or another State or
Territory of the Commonwealth, from holding or obtaining a driver's licence
or that his or her licence was suspended by notice given under the Road
Traffic Act 1961 ;
(c) the offender committed the offence as part of a prolonged, persistent and
deliberate course of very bad driving or vessel operation;
(d) the offender committed the offence while there was present in his or her
blood a concentration of .08 grams or more of alcohol in 100 millilitres of
blood;
(e) the offender was, at the time of the offence, driving a vehicle in contravention
of section 45A, 47 or 47BA of the Road Traffic Act 1961 or operating a
vessel in contravention of section 70(1) of the Harbors and Navigation
Act 1993.
(1b) For the purposes of section 19AC, an aggravated offence is an offence committed in 1
or more of the following circumstances:
(a) the offender was, at the time of the offence, driving or using a motor vehicle
that—
(i) was stolen; or
16.12.2021—Criminal Law Consolidation Act 1935 Preliminary—Part 1
(D) an interstate provisional licence; or
(E) an interstate learner's permit,
(as defined in the Motor Vehicles Act 1959 ) authorising the holder to
drive a motor vehicle of the class driven by the offender at the time
of the offence;
(v) the offender was not, at the time of the offence, the holder of—
(A) a driver's licence; or
(B) a learner's permit; or
(C) an interstate licence; or
(D) an interstate learner's permit; or
(E) a foreign licence,
(as defined in the Motor Vehicles Act 1959 ) authorising the holder to
drive a motor vehicle of the class driven by the offender at the time
of the offence;
(vi) the offender was, at the time of the offence, driving a motor vehicle
knowing that they were disqualified, under the law of this State or
another State or Territory of the Commonwealth, from holding or
obtaining a driver's licence or that their licence was suspended by
notice given under the Road Traffic Act 1961 ;
(vii) the offender committed the offence while there was present in the
offender's blood a concentration of .08 grams or more of alcohol in
100 millilitres of blood;
(viii) the offender was, at the time of the offence, driving a motor vehicle
in contravention of section 47 or 47BA of the Road Traffic Act 1961.
(2) A person is taken to know a particular fact if the person, knowing of the possibility
that it is true, is reckless as to whether it is true or not.
(2a) For the purposes of subsection (1)(ga)(ii), a person will be taken to have identified
himself or herself as belonging to, or as being associated with, a criminal organisation
if the person displayed (whether on an article of clothing, as a tattoo or otherwise) the
insignia of the criminal organisation unless the person proves that he or she did not
display the insignia knowingly or recklessly.
(2b) Subsection (2a) does not limit the ways in which a person may identify himself or
herself as belonging to, or being associated with, a criminal organisation.
(3) If a person is charged with an aggravated offence, the circumstances alleged to
aggravate the offence must be stated in the instrument of charge.
(4) If a jury finds a person guilty of an aggravated offence, and 2 or more aggravating
factors are alleged in the instrument of charge, the jury must state which of the
aggravating factors it finds to have been established (but a failure to comply with this
subsection does not affect the validity of the jury's verdict).
(4a) Two people will be taken to be in a relationship for the purposes of subsection (1)(g)
if—
(a) they are married to each other; or
Criminal Law Consolidation Act 1935—16.12. Part 1—Preliminary
(b) they are domestic partners; or
(c) they are in some other form of intimate personal relationship in which their
lives are interrelated and the actions of 1 affects the other; or
(d) 1 is the child, stepchild or grandchild, or is under the guardianship, of the
other (regardless of age); or
(e) 1 is a child, stepchild or grandchild, or is under the guardianship, of a person
who is or was formerly in a relationship with the other under paragraph (a),
(b) or (c) (regardless of age); or
(f) 1 is a child and the other is a person who acts in loco parentis in relation to
the child; or
(g) 1 is a child who normally or regularly resides or stays with the other; or
(h) they are brothers or sisters or brother and sister; or
(i) they are otherwise related to each other by or through blood, marriage, a
domestic partnership or adoption; or
(j) they are related according to Aboriginal or Torres Strait Islander kinship rules
or are both members of some other culturally recognised family group; or
(k) 1 is the carer (within the meaning of the Carers Recognition Act 2005 ) of the
other.
(5) In this section—
CFS means the South Australian Country Fire Service;
child means a person under 18 years of age;
circumstances of heightened risk , in relation to the driving of a motor vehicle,
means—
(a) driving the motor vehicle between sunset on one day and sunrise on the next
day; or
(b) driving the motor vehicle in circumstances where traction between the vehicle
and the surface being driven on is adversely affected; or
(c) driving the motor vehicle in circumstances where visibility is adversely
affected;
cognitive impairment includes—
(a) a developmental disability (including, for example, an intellectual disability,
Down syndrome, cerebral palsy or an autistic spectrum disorder);
(b) an acquired disability as a result of illness or injury (including, for example,
dementia, a traumatic brain injury or a neurological disorder);
(c) a mental illness;
major defect —a motor vehicle has a major defect if use of the motor vehicle
constitutes a serious risk to the safety of any person;
street race has the meaning given in section 19AD.
