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Cook Islands Sessional Legislation |
COOK ISLANDS
ANALYSIS
Title
1. Short Title and division into Parts
2.
Interpretation
3. Meaning of "ordinarily resident in the Cook
Islands"
PART
I
JURISDICTION
4. Application of Act
5. Persons not to be tried in
respect of things done outside the Cook Islands
6. Place of commission of
offence
7. Jurisdiction in respect of crimes on ships or aircraft beyond the
Cook Islands
8. Common law offences
9. Offence under more than one
enactment
10. Construction of other Acts
11. Summary jurisdiction
PART II
PUNISHMENTS
12.-22.
[Repealed]
PART III
MATTERS OF JUSTIFICATION OR EXCUSE
23. General rule as to justifications
Infancy
24. Children under ten
25. Children between ten and
fourteen
Insanity
26. Insanity
Compulsion
27. Compulsion
Ignorance of law
28. Ignorance of law
Sentence or Process
29. Execution of sentence, process, or warrant
30.
Execution of erroneous sentence or process
31. Sentence or process without
jurisdiction
32. Irregular warrant or process
Arrest
33. Arresting the wrong person
34. Arrest by constable
pursuant to statutory powers
35. Arrest by constable or person believed to
have committed offence
36. Arrest by other officers or persons pursuant to
statutory powers
37. Person assisting constable or officers in arrest
38.
Arrest of persons found committing certain crimes
39. Arrest of person
believed to be committing crime by night
40. Arrest after commission of
certain crimes
41. Arrest during fight
Use of Force
42. Force used in executing process or in arrest
43.
Preventing escape or rescue
44. Prevention of suicide or certain
offences
Breach of the Peace
45. Preventing breach of the peace
46. Suppression of
riot
47. Suppression of riot by Police
48. Suppression of riot by persons
acting under lawful orders
49. Suppression of riot by persons without
orders
Defence Against Assault
50. Self-defence against unprovoked assault
51.
Self-defence against provoked assault
52. Provocation defined
53. Defence
of person under protection
Defence of Property
54. Defence of movable property against trespasser
55.
Defence of movable property with claim of right
56. Defence of movable
property without claim of right
57. Defence of dwellinghouse
58. Defence
of land or building
Peaceful Entry
59. Assertion of right to land or building
60. Exercise of
right of way, etc.
Powers of Discipline
61. Domestic discipline
62. Discipline on ship or
aircraft
Surgical Operations
63. Surgical Operations
General Provisions
64. Excess of force
65. Consent to death
66. Obedience
to de facto law
67. Other enactments not affected
PART
IV
PARTIES TO THE COMMISSION OF
OFFENCES
68. Parties to offences
69. Husband and wife
conspiring
70. Party to murder outside the Cook Islands
71. Party to any
other crime outside the Cook Islands
72. Offence committed other than offence
intended
73. Accessory after the fact
74. Attempts
PART
V
CRIMES AGAINST PUBLIC
ORDER
Treason and Other Crimes against the Queen and the State
75. Treason
76. Punishment for treason or attempted
treason
77. Evidence of treason
78. Punishment for being party to
treason
79. Incitement to mutiny
80. Communicating secrets
81.
Sabotage
Seditious Offences
82. Oath to commit offence
83. Seditious offences
defined
84. Seditious conspiracy
85. Seditious statements
86.
Publication of seditious documents
87. Use of apparatus for making seditious
documents or statements
Unlawful Assemblies, Riots, and Breaches of the Peace
88. Unlawful assembly
89. Riot
90. Reading the Riot Act
91. Failure of rioters to disperse
92. Riotous destruction of buildings,
etc.
93. Forcible entry and detainer
94. Carrying offensive weapon in
public place without lawful excuse
95. Riotous, etc., behaviour in public
place
96. Fighting in public place
97. Throwing or leaving bottles or
glass in public place
98. Obstructing public place
99. Profane, indecent,
or obscene language
100. Disturbing public worship
101.
Drunkenness
102. Wilful trespass after warning to leave
Piracy
103. Piracy
104. Piratical acts
105. Punishment of
piratical acts
106. Attempt to commit piracy
107. Conspiring to commit
piracy
108. Accessory after the fact to piracy
Dealing in Persons
109. Dealing in persons
PART
VI
CRIMES AFFECTING THE
ADMINISTRATION
OF LAW AND
JUSTICE
Bribery and
Corruption
110. Interpretation
111. Judicial corruption
112.
Bribery of judicial officer, etc.
113. Corruption and bribery of Minister of
the Crown
114. Corruption and bribery of member of Legislative
Assembly
115. Corruption and bribery of law enforcement officer
116.
Corruption and bribery of official
117. Restrictions on
prosecution
Contravention of
Statute
118. Contravention of
statute
Misleading
Justice
119. Perjury defined
120. Punishment of perjury
121.
False oaths
122. False statements or declarations
123. Evidence of
perjury, false oath, or false statement
124. Fabricating evidence
125. Use
of purported affidavit or declaration
126. Conspiring to bring false
accusation
127 Conspiring to defeat justice
128. Corrupting juries and
witnesses
Escapes and
Rescues
129. Assisting escape of prisoners of war or internees
130.
Breaking prison
131. Escape from lawful custody
132. Assisting escape from
lawful custody
133. Assisting escape of mentally defective person under
detention for offence.
PART
VII
CRIMES AGAINST RELIGION,
MORALITY,
AND
PUBLIC WELFARE
Crimes against Religion
134. Blasphemous
libel
Crimes against Morality
Decency
135. Distribution or
exhibition of indecent matter
136. Indecent act in public place
137.
Indecent act with intent to insult or offend
137A. Exposure of person or
grossly indecent acts
138. Indecent
documents
139. Considerations
determining whether or not document is indecent
Sexual Crimes
140. Sexual intercourse defined
141. Rape
142. Attempt
to commit rape
143. Incest
144. Sexual intercourse with girl under care or
protection
145. Sexual intercourse
with girl under twelve
146. Indecency with girl under twelve
147. Sexual
intercourse or; indecency with girl between twelve and sixteen
148. Indecent
assault on woman or girl
149. Conspiracy to induce sexual intercourse
150.
Inducing sexual intercourse under pretence of
marriage
151. Sexual intercourse
with idiot or imbecile woman or girl
152. Indecent act between woman and
girl
153. Indecency between man and boy
154. Indecency between
males
155. Sodomy
156. Bestiality
157. Indecency with animal
Crimes against Public Welfare
158. Criminal nuisance
159. Keeping place of resort for
homosexual acts
160. Brothel-keeping
161. Living on earnings of
prostitution
162. Procuring sexual intercourse
163. Prostitution
164.
Misconduct in respect of human remains
165. Witchcraft
Public Health
166. Laying poison
167. Polluting water
168. Sale of
unwholesome provisions
169. Insanitary premises
Cruelty to animals
170. Cruelty to animals
PART VIII
CRIMES AGAINST THE PERSON
Duties Tending to the Preservation of Life
171. Duty to provide the necessaries of life
172. Duty of
parent or guardian to provide
necessaries
173. Duty of employers
to provide necessaries
174. Abandoning child under six
175. Duty of
persons doing dangerous acts
176. Duty of persons in charge of dangerous
things
177. Duty to avoid omissions dangerous to life
178. Homicide
defined
179. Killing of a child
180. Culpable homicide
181. Procuring
death by false evidence
182. Death must be within a year and a day
183.
Killing by influence on the mind
184. Acceleration of death
185. Causing
death that might have been prevented
186. Causing injury the treatment of
which causes death
Murder,
Manslaughter, etc.
187. Murder defined
188. Further definition of
murder
189. Provocation
190. Illegal arrest may be evidence of
provocation
191. Manslaughter
192. Punishment of murder
193. Attempt to
murder
194. Counselling or attempting to procure murder
195. Conspiracy to
murder
196. Accessory after the fact to murder
197. Punishment of
manslaughter
198. Infanticide
199. Aiding and abetting suicide
200.
Suicide pact
201. Concealing dead body of child
Abortion
202. Killing unborn child
203. Procuring abortion by drug
or instrument
204. Procuring abortion by other means
205. Female procuring
her own miscarriage
206. Supplying means of procuring abortion
207.
Effectiveness of means used immaterial
Assaults and Injuries to the Person
208. Wounding with intent
209. Injuring with intent
210.
Injuring by unlawful act
211. Aggravated wounding or injury
212.
Aggravated assault
213. Assault with intent to injure
214. Assault on a
child, or by a male on a female
215. Cruelty to a child
216. Common
assault
217. Award of part of fine as compensation to party injured by
assault
218. Assaulting or resisting constables, etc.
219.
Disabling
220. Discharging firearm or doing dangerous act with intent
221.
Acid throwing
222. Poisoning with intent
223. Infecting with
disease
224. Setting traps, etc.
225. Endangering transport
226.
Impeding rescue
Bigamy, Feigned
Marriage
227. Bigamy defined
228. Punishment of Bigamy
229.
Feigned marriage
Abduction, Kidnapping
230. Abduction of woman or girl
231. Kidnapping
232.
Abduction of child under sixteen
PART IX
CRIMES AGAINST REPUTATION
Crimes against Reputation
233. Criminal libel and publishing defined
234. Publishing
upon invitation
235. No prosecution without leave of Judge
236. Plea of
Justification
237. Punishment of criminal libel
238. Criminal
slander
PART X
CRIMES AGAINST RIGHTS OF PROPERTY
Theft
239. Things capable of being stolen
240. Theft of
electricity
241. Animals capable of being stolen
242. Theft
defined
243. Theft of animals
244. Theft by person required to
account
245. Theft by person holding power of attorney
246. Theft by
misappropriating proceeds held under direction
247. Theft by co-owner
248.
Theft by husband or wife
249. Punishment of theft
Crimes Resembling Theft
250. Conversion or attempted conversion of motorcars,
etc.
251. Being in possession of instrument for conversion
251A. Taking or
dealing with certain documents with intent to defraud
252. Criminal breach of
trust
253. Dishonestly destroying document
254. Dishonest
concealment
255. Bringing into the Cook Islands things stolen, etc.
Robbery and Extortion
256. Robbery
257. Aggravated robbery
258 Compelling
execution of documents by force
259. Assault with intent to rob
260.
Extortion by certain threats
261. Demanding with intent to steal
Burglary
262. Interpretation
263. Burglary
264. Entering with
intent
265. Being armed with intent to break or enter
266. Being disguised
or in possession of instruments for burglary
267. Being found on property
without lawful excuse but not under circumstances disclosing criminal
intent
False Pretences
268. Definition of false pretence
269. Obtaining by false
pretence
270. Obtaining credit fraudulently
Personation
271. Personation
272. Acknowledging instrument in false
name
Fraud
273. False statement by promoter, etc.
274. Falsifying
accounts relating to public funds
275. False accounting by officer or member
of body corporate
276. False accounting by employee
277. False statement
by public officer
278. Issuing false dividend warrants
279. Concealing
deeds and encumbrance
280. Conspiracy to defraud
Receiving
281. Receiving property dishonestly obtained
282. Receiving
property of husband or wife
283. When receiving is complete
284. Receiving
after restoration to owner
285. Taking reward for recovery of stolen
goods
Forgery
286. Interpretation
287. Forgery
288. Punishment of
forgery
289. Uttering forged documents
290. Counterfeiting public
seals
291. Counterfeiting corporate seals
292. Sending false
telegram
293. Procuring execution of document by fraud
294. Possessing
forged bank notes
295. Drawing document without authority
296. Using
probate obtained by forgery or perjury
297. Paper or implements for
forgery
298. Counterfeiting stamps
299. Falsifying registers
300.
Falsifying extracts from registers
301. Uttering false certificates
302.
Forging certificates
303. Imitating authorised marks
304. Imitating
customary marks
Coinage
305. Interpretation
306. Preparations for coining
307.
Counterfeiting coin
308. Altering coin
309. Impairing coin
310.
Defacing coin
311. Melting coin
312. Possessing counterfeit coin
313.
Uttering counterfeit coin
314. Buying and selling counterfeit coin
315.
Importing and exporting counterfeit
coin
Criminal Damage
316.
What constitutes criminal damage
317. Arson
318. Attempted arson
319.
Damage to other property by fire or explosive
320. Attempt to damage property
by fire or explosive
321. Wilful damage
322. Wilful waste or diversion of
water, gas, or electricity
323. Interfering with means of transport
324.
Wrecking
325. Attempting to wreck
326. Interfering with signals,
etc.
327. Interfering with mills
328. Providing explosive to commit
crime
PART XI
THREATENING, CONSPIRING, AND ATTEMPTING TO
COMMIT OFFENCES
329. Threatening to kill or do grievous bodily
harm
330. Threatening to destroy property
331. Threatening acts
332.
Conspiring to prevent collection of rates or taxes
333. Conspiring to commit
offence
334. Attempt to commit or procure commission of offence
335.
Accessory after the fact to crime
PART
XII
PROCEDURE
336.-411.
[Repealed]
PART
XIII
MISCELLANEOUS
PROVISIONS
412.
[Repealed]
413.
[Repealed]
414. Costs
415. Compensation for loss of
property
416. Restitution of property
417. Civil remedy not
suspended
418. Act to bind the Crown
419. Regulations
420. Amendments,
repeals and revocation
Schedules
----------------------------------------
1969, No. 20
An Act to provide a Criminal Code relating to offences, defences, and procedures
(27 January 1970)
BE IT ENACTED by
the Legislative Assembly of the Cook Islands in Session assembled, and by the
authority of the same, as follows:
1.
Short Title and division into Parts - (1) This Act may be cited as the
Crimes Act 1969.
(2) This Act is divided into Parts, as follows:
Part I - Jurisdiction (Sections 4 to 11)
Part II - [Repealed]
Part III - Matters of Justification or Excuse (Sections 23 to 67)
Part IV-Parties to the Commission of offences (Sections 68 to 74)
Part V - Crimes against Public Order (Sections 75 to 109)
Part VI - Crimes affecting the administration of Law and Justice, (Sections 110 to 133)
Part VII - Crimes against Religion, Morality, and Public Welfare (Sections 134 to 170)
Part VIII - Crimes against the Person (Sections 171 to 232)
Part IX - Crimes against Reputation (Sections 233 to 238)
Part X - Crimes against rights of Property (Sections 239 to 328)
Part XI - Threatening, Conspiring and Attempting to commit Offences (Sections 329 to 355)
Part XII - [Repealed] (Sections 336 to 411)
Part XIII - Miscellaneous Provisions (Sections 412 to 420)
2.
Interpretation- (1) In this Act, unless the context otherwise
requires,-
"Aerodrome" has the same meaning as in the Civil Aviation Act 1964 of the New Zealand Parliament;
"Aircraft" has the same meaning as in Civil Aviation Act 1964 of the New Zealand Parliament; and includes any aircraft for the time being used as an aircraft of any of the armed forces of any country other than New Zealand;
"assault" means the act of intentionally applying or attempting to apply force to the person of another, directly or indirectly, or threatening by any act or gesture to apply such force to the person of another, if the person making the threat has or causes the other to believe on reasonable grounds that he has present ability to effect his purpose; and "to assault" has a corresponding meaning;
"Cook Islander" means a person belonging to the part of the Polynesian race indigenous to the Cook Island; and includes any person descended from a Cook Islander;
"Cook Islands" includes the territorial waters of the Cook Islands;
"Cook Islands aircraft" means any aircraft ordinarily operating in the Cook Islands and required to be registered in New Zealand under the Civil Aviation Act 1964 of the New Zealand Parliament;
"Cook Islands ship" means any ship ordinarily operating in the Cook Islands;
"Commonwealth country" means a country that is a member of the Commonwealth of Nations; and includes every territory for whose international relations the Government of any such country is responsible;
"Commonwealth ship" means a ship registered or required to be registered in any Commonwealth country, or recognised by the law of any Commonwealth country as a ship belonging to that country; and includes any ship for the time being used as a ship of any of the armed forces of any country in the Commonwealth;
"Crime involving dishonesty" means any crime described in Part X of this Act, except the crimes described in 316 to 328 (which relate to criminal damage);
"Criminally responsible" means liable to punishment for an offence;
"Day", or "daytime", means the interval between six o'clock in the morning of any day and nine o'clock at night of the same day;
"Foreign ship" means a ship that is not a Commonwealth ship;
"To injure" means to cause actual bodily harm;
"Indecent document" means any book, newspaper, picture, photograph, print, or writing, and any paper or other thing of any description whatsoever, which has printed or impressed upon it, or otherwise attached thereto, or appearing, shown, or exhibited in any manner whatsoever thereon, any indecent word, statement or significant sign, or any indecent picture, illustration, or representation;
"Is liable" means is liable on conviction;
"Justice" means Justice of the Peace;
"Justified", in relation to any person, means not guilty of an offence and not liable to any civil proceeding;
"Maori language" means the language indigenous to the Cook Islands;
"Medical officer" means a medical officer employed in the Public Service;
"New Zealand forces" means the New Zealand Naval Forces, the New Zealand Army, and the Royal New Zealand Air Force;
"Night", or "night-time" means the interval between nine o'clock at night and six o'clock in the following morning;
"Offence" means any act or omission for which any one can be punished under this Act or under any other enactment;
"Person", "owner", and other words and expressions of the like kind include the Crown and any public body or Island Council, and any board, society, or company, and any other body of persons, whether incorporated or not;
"Property" includes real and personal property, and any estate or interest in any real or personal property, and any debt, and any thing in action, and any other right or interest;
"Protected from criminal responsibility" means not liable to any proceeding except a civil proceeding;
"Public money" means money, or securities of any kind for the payment of money, received for or on account of, or payable to, or deposited with, the Government of the Cook Islands or any Department or agency of the said Government, or any Island Council;
"Public place" means any road, any place or public resort open to or used by the public as of right, any wharf or jetty, any vessel at a wharf or jetty or within one mile of the shore, any church or other building where Divine service is being publicly held, any hall or room in which any public entertainment is being held, and any market place;
"Registrar" means any Registrar of the Court; and includes any Deputy Registrar;
"Ship" means every description of vessel used in navigation, however propelled; and includes any barge, lighter, dinghy, raft, or like vessel; and also includes any ship belonging to or used as a ship of the armed forces of any country;
"Superintendent" means the Superintendent of a prison;
"Territorial waters", in relation to any country, means such part of the sea adjacent to the coast of that country and is within the territorial sovereignty of that country;
"Valuable security" includes every document forming the title or evidence of the title to any property of any kind whatever; and also includes any negotiable instrument, bill of exchange, cheque, or promissory notes.
(2) When it is provided in this Act
that any one is liable to any punishment for doing or omitting any act, every
person doing or
omitting that act is, subject to the provisions of this Act,
guilty of a crime.
[Amended Act 1977/14;
Act 1981/17; Act 1989/33]
3.
Meaning of "ordinarily resident in the Cook Islands" - For the purpose of
this Act, a person shall be deemed to be ordinarily resident in the Cook Islands
if-
(a) His home is in the Cook Islands; or
(b) He is residing in the Cook Islands with the intention of residing therein indefinitely; or
(c) Having resided in the Cook Islands with the intention of establishing his home therein, or with the intention of residing in the Cook Islands indefinitely, he is outside the Cook Islands but has an intention to reside in the Cook Islands indefinitely.
PART
I
JURISDICTION
4. Application of Act -
(1) This Act applies to all offences for which the offender may be
proceeded against and tried in the Cook Islands.
(2) This Act applies to all acts done or omitted in the Cook Islands.
5. Persons not
to be tried in respect of things done outside the Cook Islands - Subject
to the provisions of section 6 of this Act, no act done or omitted outside the
Cook Islands is an offence, unless it is
an offence by virtue of any provision
of this Act or of any other
enactment.
6. Place of commission of
offence - For the purpose of jurisdiction, where any act or omission
forming part of any offence, or any event necessary to the completion
of any
offence, occurs in the Cook Islands, the offence shall be deemed to be committed
in the Cook Islands, whether the person charged
with the offence was in the Cook
Islands or not at the time of the act, omission, or
event.
7. Jurisdiction in respect
of crimes on ships or aircraft beyond
the Cook Islands - (1) This section applies to any act done or omitted
beyond the Cook Islands by any person -
(a) On board any Commonwealth ship; or
(b) On board any Cook Islands aircraft; or
(c) On board any ship or aircraft, if that person arrives in the Cook Islands on that ship or aircraft in the course or at the end of a journey during which the act was done or omitted; or
(d) Being a British subject, on board any foreign ship (not being a ship to which he belongs) on the high seas, or on board any such ship within the territorial waters of any Commonwealth country; or
(e) Being a person ordinarily resident in the Cook Islands, on board any aircraft:
Provided that paragraph (c) of this
subsection shall not apply where the act was done or omitted by a person, not
being a British
subject, on any ship or aircraft for the time being used as a
ship or aircraft of any of the armed forces of a country that is not
a
Commonwealth country.
(2) Where any person does or omits any act to which
this section applies, and that act or omission would, if it occurred within the
Cook Islands, be a crime under this Act or under any other enactment (whether
that enactment was passed before or after the commencement
of this Act), the,
subject to the provisions of this Act and of that other enactment, he shall be
liable on conviction as if the
act or omission had occurred in the Cook
Islands:
Provided that where any proceedings are taken by virtue of the
jurisdiction conferred by this section it shall be a defence to prove
that the
act or omission would not have been an offence under the law of the country of
which the person charged was a national or
citizen at the time of the act or
omission, if it had occurred in that country.
(3) Where at any place
beyond the Cook Islands any person who belongs, or within three months
previously has belonged, to any Commonwealth
ship does or omits any act, whether
on shore or afloat, not being an act or omission to which subsection (1), of
this section applies,
and that act or omission would, if it occurred within the
Cook Islands, be a crime, then this section shall apply in respect of that
act
or omission in the same manner in all respects as it had occurred on board a
Commonwealth ship.
(4) The provisions of this sections shall have the
same operation in relation to the Republic of Ireland and to the citizens
thereof,
and to ships registered therein or belonging thereto, and to persons
who belong or have belonged to those ships, and to all other
persons on board
those ships, as if the Republic of Ireland were a Commonwealth country and as if
the citizens thereof were British
subjects.
(5) This section shall be
read subject to the provisions of section 412 of this Act.
(6) In this
section, the expression "British subject" includes a British protected person
within the meaning of the British Nationality
and Citizenship Act 1948 of the
New Zealand Parliament.
(7) Nothing in this section shall apply with
respect to any crime against the Shipping Ordinance
1963.
8. Common law offences -
No person shall be proceeded against for any criminal offence at common
law.
9. Offence under more than one
enactment - (1) Where an actor omission constitutes an offence under this
Act and under any other Act, the offender may be prosecuted and punished
either
under this Act or under that other Act.
(2) Where an act or omission
constitutes an offence under two or more Acts other than this Act, the offender
my be prosecuted and
punished under any one of those Acts.
(3) Where an
act or omission constitutes an offence under two or more provisions of this Act
or of any other Act, the offender may
be prosecuted and punished under any one
of those provisions.
(4) No one shall be liable on conviction to be
punished twice in respect of the same
offence.
10. Construction of other
Acts - (1) Every Act shall be read and construed as if any offence
therein mentioned for which the offender may be prosecuted by information
(however the offence may be therein described or referred to) were described or
referred to as a crime; and all provisions of this
Act relating to crimes
generally shall apply to every such offence.
(2) Every commission,
Proclamation, warrant, or other document relating to criminal procedure in which
offences that are crimes as
defined by this Act are described or referred to by
any names whatever shall be read and construed as if those offences were therein
described and referred to as
crimes.
11. Summary Jurisdiction
- Nothing in this Act shall be construed to limit or affect in any way any
provision made by say other Act for the trial and punishment
of offences in a
summary way.
PART
II
PUNISHMENTS
12.-22.
[Repealed]
[Repealed Act
1980-81/28]
PART
III
MATTERS OF JUSTIFICATION OR
EXCUSE
23. General rule as to
Justifications - (1) All rules and principles of the common law which
render any circumstances a justification or excuse for any act or omission,
or a
defence to any charge, shall remain in force and apply in respect of a charge of
say offence, whether under this Act or under
any other enactment, except so far
as they are altered by or are inconsistent with this Act or any other
enactment.
(2) The matters provided for in this Part of this Act are
hereby declared to be justifications or excuses in the case of all charges
to
which they are applicable.
Infancy
24. Children under
ten - (1) No person shall be convicted of an offence by reason of any act
done or omitted by him when under the age of ten years.
(2) The fact that
by virtue of this section any person has not been or is not liable to be
convicted of an offence shall not affect
the question whether any other person
who is alleged to be a party to that offence is guilty of that
offence.
25. Children between ten and
fourteen - (1) No person shall be convicted of an offence by reason of
any act done or omitted by him when of the age of ten but under the
age of
fourteen years, unless he knew either that the act or omission was wrong or that
it was contrary to law.
(2) The fact that by virtue of this section any
person has not been or is not liable to be convicted of an offence shall not
affect
the question whether any other person who is alleged to be a party to
that offence is guilty of that offence.
Insanity
26. Insanity -
(1) Every one shall be presumed to be sane at the time of doing or omitting any
act until the contrary is proved.
(2) No person shall be convicted of an
offence by reason of an act done or omitted by him when labouring under natural
imbecility
or disease of the mind to such an extent as to render him
incapable-
(a) Of understanding the nature and quality of the act or omission; or
(b) Of knowing that the act or omission was morally wrong, having regard to the commonly accepted standards of right and wrong.
(3) Insanity before or after the time
when he did or omitted the act, and insane delusions, though only partial, may
be evidence that
the offender was, at the time when he did or omitted the act,
in such a condition of mind as to render him irresponsible for the
act or
omission.
(4) The fact that by virtue of this section any person has not
been or is not liable to be convicted of an offence shall not affect
the
question whether any other person who is alleged to be a party to that offence
is guilty of that offence.
Compulsion
27. Compulsion -
(1) Subject to the provisions of this section, a person who commits an offence
under compulsion by threats of immediate death or
grievous bodily harm from a
person who in present when the offence in committed that protected from criminal
responsibility if he
believes at the threats will be carried out and if he is
not a party to any association or conspiracy whereby he is subject to
compulsion.
(2) Nothing in subsection (1) of this section shall apply
where the offence committed is aiding or abetting rapes or is an offence
specified in any of the following provisions of this Act, namely:
(a) Section 75 (treason) or section 80 (communicating secrets);
(b) Section 81 (sabotage);
(c) Section 103 (piracy);
(d) Section 104 (piratical acts);
(e) Sections 187 and 188 (murder);
(f) Section 193 (attempt to murder);
(g) Section 208 (wounding with intent);
(h) Subsection (1) of section 209 (injuring with intent to cause grievous bodily harm);
(i) Section 230 (abduction);
(j) Section 231 (kidnapping);
(k) Section 256 (robbery);
(l) Section 317 (arson).
(3) Where a married
woman commits an offence, the fact that her husband was present at the
commission of it shall not of itself raise
the presumption of
compulsion.
Ignorance of law
28. Ignorance of
law - The fact that an offender is ignorant of the law is not an excuse
for any offence committed by him.
Sentence or Process
29. Execution of
sentence, process, or warrant - (1) Every ministerial officer of any
Court authorised execute a lawful sentence, and every Superintendent of any
prison and every
person lawfully assisting any such ministerial officer or
Superintendent, is justified in executing the sentence.
(2) Every
ministerial officer of any Court duly authorised to execute any lawful process
of the Court, whether of a civil or a criminal
nature, and every person lawfully
assisting him, is justified in executing it and every Superintendent required
under the process
to receive and detain any person is justified in receiving and
detaining him.
(3) Every one duly authorised to execute a lawful warrant
issued by any Court or Justice or other person having jurisdiction to issue
the
warrant, and every person lawfully assisting him, is justified in executing the
warrant; and every Superintendent required under
the warrant to receive and
detain any person is justified in receiving and detaining
him.
30. Execution of erroneous
sentence or process - If a sentence is passed or a process is issued by a
Court having jurisdiction under any circumstances to pass such a sentence or
issue such a process, or if a warrant is issued by a Court or person having
jurisdiction under any circumstances to issue such a
warrant, the sentence
passed or process or warrant issued shall be sufficient to justify the execution
of it by every officer, Superintendent,
or other person authorised to execute
it, and by every person lawfully assisting him, notwithstanding that-
(a) The Court passing the sentence or issuing the process had no authority to pass that sentence or issue that process in the particular case; or
(b) The Court or other person issuing the warrant had no jurisdiction to issue it, or exceed its or his jurisdiction in issuing it, in the particular case.
31.
Sentence or process without Jurisdiction - (1) Every officer,
superintendent, or person executing any sentence, process, or warrant, and every
person lawfully assisting him,
shall be protected from criminal responsibility
if-
(a) He acts in good faith under the belief that the sentence or process was that of a Court having jurisdiction, or, as the case may be, that the warrant was that of a Court, Justice, or other person having authority to issue warrants; and
(b) It is proved that the person passing the sentence or issuing the process acted as such a Court under colour of having some appointment or commission lawfully authorising him to act as such a Court, or, as the case may require, that the person issuing the warrant acted as a Justice or other person having authority to do so.
(2) This section shall
apply notwithstanding that, in fact,-
(a) Any such appointment or commission an aforesaid did not exist or had expired; or
(b) The Court or the person passing the sentence or issuing the process was not the Court or the person authorised by the appointment or commission to act; or
(c) The person issuing the warrant was not duly authorised to issue it.
32.
Irregular warrant or process - (1) Every one acting under a warrant or
process that is bad in law on account of some defect in substance or in form,
apparent
on the face of it, shall be protected from criminal responsibility to
the same extent and subject to the same provisions as if the
warrant or process
were good in law if in good faith and without culpable ignorance or negligence
he believed that the warrant or
process was good in law; and ignorance of the
law shall in this case be an excuse.
(2) It is a question of law whether
the facts of which there is evidence do or do not constitute culpable ignorance
or negligence
in his so believing the warrant or process to be good in
law.
Arrest
33. Arresting the wrong
person - (1) Every one duly authorised to execute a warrant to arrest who
thereupon arrests a person, believing in good faith and on reasonable
and
probable grounds that he is the person named in the warrant, shall be protected
from criminal responsibility to the same extent
and subject to the same
provisions as if the person arrested had been the person named in the
warrant.
(2) Every one called on to assist the person making such arrest,
and believing that the person in whose arrest he is called on to
assist is the
person for whose arrest the warrant is issued, and every Superintendent who is
required to receive and detain the person
arrested, shall be protected from
criminal responsibility to the same extent and subject to the same provisions as
if the person
arrested had been the person named in the
warrant.
34. Arrest by constable
pursuant to statutory powers - Every constable is justified in arresting
any person without warrant in accordance with the provisions of section 338 of
this Act
or in accordance with any other enactment conferring on him a power so
to arrest.
35. Arrest by constable of
person believed to have committed offence - where under any enactment any
constable has power to arrest without warrant any person who has committed an
offence, the constable
is justified in arresting without warrant any person whom
he believes, on reasonable and probable grounds, to have committed that
offence,
whether or not the offence has in fact been committed, and whether or not the
arrested person committed it.
36.
Arrest by other officers or persons pursuant to statutory powers - Every
officer or other person, not being a constable, who is authorised by any
enactment to arrest any person without warrant is
justified in so arresting any
person in accordance with the provisions of that
enactment.
37. Persons assisting
constable or officer in arrest - (1) Every one called upon by a constable
to assist him in the arrest of any person believed or suspected to have
committed any
offence is justified in assisting unless he knows that there is no
reasonable ground for the belief or suspicion.
(2) Where by any enactment
it is provided that any officer or person, not being a constable, may call upon
any other person to assist
him in arresting without warrant any one who has
committed or is found committing any offence every person so called upon is
justified
in assisting unless he knows that there is no reasonable ground for
believing that the person to be arrested has committed the
offence.
38. Arrest of persons found
committing certain crimes - Every one is justified in arresting without
warrant-
(a) Any person whom he finds committing any offence against this Act that is punishable by death or for which the maximum punishment is not less than three years' imprisonment;
(b) Any person whom he finds by night committing any offence against this Act.
39.
Arrest of person believed to be committing crime by night - Every one is
protected from criminal responsibility for arresting without warrant any person
whom he finds by night in circumstances
affording reasonable and probable
grounds for believing that that person is committing an offence against this
Act.
40. Arrest after commission of
certain crimes - Where any offence against this Act has been committed,
every one who believes, on reasonable and probable grounds, that any person
has
committed that offence is protected from criminal responsibility for arresting
that person without warrant, whether or not that
person committed the
offence.
41. Arrest during
flight - (1) Every one is protected from criminal responsibility for
arresting without warrant any person whom he believes, on reasonable
and
probable grounds, to have committed an offence against this Act, and to be
escaping from and to be freshly pursued by any one
whom he believes, on
reasonable and probable grounds, to have lawful authority to arrest that person
for the offence.
(2) This section shall apply whether or not the offence
has in fact been committed, and whether or not the arrested person committed
it.
Use of Force
42. Force used in
executing process or in arrest -Where any person is justified, or
protected from criminal responsibility, in executing or assisting to execute any
sentence, warrant,
or process, or in making or assisting to make any arrest,
that justification or protection shall extend and apply to the use by him
of
such force as may be necessary to overcome any force used in resisting such
execution or arrest, unless the sentence, warrant,
or process can be executed or
the arrest made by reasonable means in a less violent manner:
Provided
that, except in the case of a constable or person called upon by a constable to
assist him, this section shall not apply
where the force used is intended or
likely to cause death or grievous bodily
harm.
43. Preventing escape or
rescue - (1) Where any person is lawfully authorised to arrest or to
assist in arresting any other person, or is justified in or protected
from
criminal responsibility for arresting or assisting to arrest any other person,
that authority, justification or protection,
as the case may be, shall extend
and apply to the use of such force as may be necessary-
(a) To prevent the escape of that other person if he takes to flight in order to avoid arrest; or
(b) To prevent the escape or rescue of that other person after his arrest -
unless in any such case the escape or rescue
can be prevented by reasonable means in a less violent manner:
Provided
that, except in the case of a constable or a person called upon by a constable
to assist him, this subsection shall not apply
where the force used is intended
or likely to cause death or grievous bodily harm.
(2) Where any inmate of
a prison is attempting to escape from lawful custody, or is fleeing after having
escaped therefrom, every
constable, and every person called upon by a constable
to assist him, is justified in using such force as may be necessary to prevent
the escape of or to recapture the inmate, unless in any such case the escape can
be prevented or the recapture effected by reasonable
means in a less violent
manner.
44.
Prevention of suicide or certain
offences - Everyone is justified in using much force as may be reasonably
necessary in order to prevent the commission of suicides or the
commission of an
offence which would be likely to cause immediate and serious injury to the
person or, property of any one, or in
order to prevent any act being do which he
believes, on reasonable grounds, would, if committed, amount to suicide or to
any such
offence.
Breach of the Peace
45. Preventing breach of
the peace - (1) Every one who witnesses reach of the peace is justified
in interfering to prevent its continuance or renewal, and may detain
any person
committing it, in order to give him into the custody of a
constable:
Provided that the person interfering shall use no more force
than is reasonably necessary for preventing the continuance or renewal
of the
breach of the peace, or than is reasonably proportionate to the danger to be
apprehended from its continuance or renewal.
(2) Every constable who
witnesses a breach of the peace, and every person lawfully assisting him, is
justified in arresting any one
whom he finds committing it.
(3) Every
constable is justified in receiving into custody any person given into his
charge, as having been a party to a breach of
the peace, by one who has
witnessed it or whom the constable believes on reasonable and probable grounds
to have witnessed it.
46. Suppression
of riot - Every one is justified in using such force as is necessary to
suppress a riot, if this force used is not disproportionate to the
danger to be
apprehended from the continuance of the
riot.
47. Suppression of riot by
Police - The senior member of the Police for the time being acting at the
place of any riot is justified in using and ordering to be used,
and every
constable is justified in using, such force an he believes, in good faith and on
reasonable and probable grounds, to be
necessary to suppress the riot, not being
disproportionate to the danger which he believes, on reasonable and probable
grounds, is
to be apprehended from the continuance of the
riot.
48. Suppression of riot by
persons acting under lawful orders - (1) Every one acting in good faith
in obedience to orders for the suppression of any riot given by the senior
member of the Police
for the time being acting at the place of the riot is
justified in obeying the orders so given, unless those orders are manifestly
unlawful; and is protected from criminal responsibility for using such force as
he believes, on reasonable and probable grounds,
to be necessary for carrying
those orders into effect.
(2) It is a question of law whether any
particular order is manifestly unlawful or
not.
49. Suppression of riot by persons
without orders - Every one who believes, in good faith and on reasonable
and probable grounds, that serious mischief will arise from a riot before
there
is time to procure the intervention of the Police, is justified in using such
force as he believes, in good faith and on reasonable
and probable grounds, to
be necessary to suppress the riot, not being disproportionate to the danger
which he believes, on reasonable
grounds, is to be apprehended from the
continuance of the riot.
Defence Against Assault
50. Self-defence against
unprovoked assault - (1) Everyone unlawfully assaulted, not having
provoked the assault, is justified in repelling force by force, if the force he
uses-
(a) Is not meant to cause death or grievous bodily harm; and
(b) Is no more than is necessary for the purpose of self-defence.
(2) Everyone unlawfully
assaulted, not having provoked the assault, is justified in repelling force by
force although in so doing
he causes death or grievous bodily ham, if-
(a) He causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was original made or with which the assailant pursues his purpose; and
(b) He believes, on reasonable grounds, that he cannot otherwise preserve himself from death or grievous bodily harm.
[Repealed
Act 1981/17. Status uncertain - Act
1989/33]
51. Self-defence
against provoked assault - Everyone who has assaulted another without
justification, or has provoked an assault from that other, may nevertheless
justify
force used after the assault if-
(a) He used the force under reasonable apprehension of death or grievous bodily harm from the violence of the party first assaulted or provoked and in the belief, on reasonable grounds, that it was necessary for his own reservation from death or grievous bodily harm; and
(b) He did not begin the assault with intent to kill or do grievous bodily harm and did not endeavour, at any time before the necessity for preserving himself arose, to kill or do grievous bodily harm; and
(c) Before the force was used, he declined further conflict and quilted or retreated from it as far as was practicable.
[Repealed
Act 1981/17. Status uncertain - Act
1989/33]
52. Provocation
defined - Provocation within the meaning of section 50 and 51 of this Act
may be by blows, words or
gestures.
[Repealed Act 1981/17.
Status uncertain - Act
1989/33]
53. Defence of person
under protection - Every one is justified in using force, in defence of
the person of one under his protection, against an assault, if he uses no
more
force than is necessary to prevent the assault or the repetition of
it:
Provided that this section shall not justify the wilful infliction of
any hurt or mischief disproportionate to the assault that it
was intended to
prevent.
[Repealed Act 1981/17. Status
uncertain - Act 1989/33]
Defence of Property
54. Defence of movable
property against trespasser- (1) Every one in peaceable possession of any
movable thing, and every one lawfully assisting him, is justified in using
reasonable
force to resist the taking of the thing by trespasser or to retake it
from any trespasser either case he does not strike or do bodily
harm to the
trespasser.
(2) If, after any one having peaceable possession of any
movable thing has laid hands upon it, the trespasser persists in attempting
to
keep it, or to take it from the possessor or from any one lawfully assisting
him, the trespasser shall be deemed to commit an
assault without justification
or provocation.
[Amended Act 1981/17; Act
1989/33]
55. Defence of movable
property with claim of right-(1) Every one in peaceable possession of say
movable thing under a claim of right, and every one acting under his authority,
is protected
from criminal responsibility for defending his possession by the
use of reasonable force, even against a person entitled by law to
possession, if
does not strike or do bodily harm to the other person.
(2) If the person
entitled by law to possession thereupon attempts to take the thing from or
otherwise assaults the possessor, or
any one acting under his authority, the
assault shall be deemed to be without at justification cat on or
provocation.
[Amended Act 1981/17; Act
1989/33]
56. Defence of movable
Property without claim of right - (1) Every one in peaceable possession
of any movable thing, but neither claiming right thereto nor acting under the
authority of
a person claiming right thereto, is neither justified in nor
protected from criminal responsibility for defending his possession
and the
person entitled by law to possession.
(2) If the person entitled by law
to possession attempts to retake the thing, and the possessor resists, and the
person so entitled
thereupon assaults the possessor, he assault shall be deemed
to have been provoked, although the possessor may not have assaulted
the person
so entitled to possession.
[Amended Act
1981/17; Act 1989/57.]
57.
Defence of dwellinghouse - Every one is in peaceable possession of a
dwellinghouse, and every one lawfully assisting him or acting by his authority,
is justified
in using such force as is necessary to prevent the forcible
breaking and entering of the dwellinghouse by any person if he believes,
on
reasonable and probable grounds, that there in no lawful justification for the
breaking and entering.
58. Defence of
land or building- (1) Every one in peaceable possession of any land or
building, and every one lawfully assisting him or acting by his authority,
is
justified in using reasonable force to prevent any person from trespassing on
the land or building or to remove him therefrom,
if he does not strike or do
bodily harm to that person.
(2) If the last-mentioned person resists the
attempt to prevent his entry or to remove him, he shall be deemed to commit an
assault
without justification.
[Amended
Act 1981/17; Act 1989/33]
Peaceable Entry
59. Assertion of right
to land or building - (1) Every one is justified in peaceably entering in
the daytime on any land or building to the possession of which he, or some
person
under whose authority he acts, is lawfully entitled, for the purpose of
taking possession thereof.
(2) If any person, not having peaceable
possession of any land or building with a claim of right, and not acting under
the authority
of a person having such possession, assaults any one peaceably
entering as aforesaid, for the purpose of making him desist from entry,
the
assault shall be deemed to be without justification or provocation.
(3)
If any person having peaceable possession of any land or building with a claim
of right, or any person acting by his authority,
assaults any one entering as
aforesaid, for purpose of making him desist from entry, the assault shall be
deemed to be provoked by
the person
entering.
[Amended Act 1981/17; Act
1989/33]
60. Exercise of right
of way, etc. - Every one lawfully entitled to enter on any land for the
exercise of any right at way or other easement or profit is justified
in
peaceably entering on the land for the purpose of exercising that right of way,
easement, or profit:
Provided that if any one so entering has notice that
his right; to use that way or easement, or to take that profit, is disputed by
the person in possession of the land, as assault committed by that person, or by
any person acting under his authority, for the purpose
of making the person
entering desist from entry, shall be deemed to be provoked by the person
entering.
Powers of Discipline
61. Domestic
discipline - (1) Every parent or person in the place of a parent, and
every schoolmaster, is justified in using force by way of correction towards
any
child or pupil under his care, if the force used is reasonable in the
circumstances.
(2) The reasonableness of the force used is a question of
fact.
62. Discipline on ship or
aircraft - (1) The master or officer in command or a ship on a voyage or
the pilot in command of an aircraft on a flight is justified in using
and
ordering the use of force for the purpose maintaining good order and discipline
on board his ship or aircraft it he believes
on reasonable grounds that the use
of force is necessary, and if the force used is reasonable in the
circumstances.
(2) Every one acting in good faith in justified in using
force in obedience to any order given by the motor or officer or pilot in
command for the purpose aforesaid, if the force used is reasonable in the
circumstances.
(3) The reasonableness of the grounds on which the use of
force was believed to be necessary, and the reasonableness of the force
used,
are questions of fact.
Surgical Operations
63. Surgical operations
- Every one is protected from criminal responsibility for performing with
reasonable care and skill any surgical operation upon any
part for his benefits,
if the performance of the operation was reasonable, having regard to the
patient's state at the time and to
all the circumstances of the case.
General Provisions
64. Excess of
force - Every one authorised by law to use force is criminally
responsible for any excess, according to the nature and quality of the act
that
constitutes the excess.
65. Consent to
death - No one has a right to consent to the infliction of death upon
himself; and, if any person is killed, the fact that he gave any such
consent
shall not affect the criminal responsibility of any person who is a party to the
killing.
66. Obedience to as facto
law - Every one is protected from criminal responsibility for any act
done in obedience to the laws for the time being made and enforced
by those in
possession de facto of the sovereign power in and over the place where the act
is done.
67. Other enactments not
affected - Nothing in this Act shall take away or diminish any authority
given by any other enactment to arrest, detain, or put any restraint
on any
person
PART
IV
PARTIES TO THE COMMISSION OF
OFFENCES
68. Parties to offences
- (1) Every one is a party to and guilty of an offence who-
(a) Actually commits the offence; or
(b) Does or omits an act for the purpose of aiding any person to commit the offences; or
(c) Abets any person in the commission of the offence; or
(d) Incites, counsels, or procures any person to commit the offence.
(2) Where two or more persons form a
common intention to prosecute any unlawful purposes and to assist each other
therein, each of
them is a party to every offence committed by any one of them
in the prosecution of the common purpose if the commission of that
offence was
known to be a probable consequence of the prosecution of the common
purpose.
69. Husband and wife
conspiring - A man shall be capable of conspiring with his wife, or with
his wife and any other person; and a woman shall be capable of conspiring
with
her husband, or with her husband and any other
person.
70. Party to murder outside the
Cook Islands - (1) Except as hereinafter provided, every one is liable to
imprisonment for a term not exceeding fourteen years who, in the Cook
Islands,
incites, counsels, or procures the doing or omission of an act outside the Cook
Islands which, if done or omitted in the
Cook Islands would be
murder.
(2) Every one is liable to imprisonment for a term not exceeding
ten years who, in the Cook Islands, incites, counsels, or attempts
to procure
the doing or omission of an act outside the Cook Islands which, if done or
omitted in the Cook Islands, would be murder,
when no such act is in fact done
or omitted.
71. Party to any other
crime outside the Cook Islands - (1) Every one is liable to imprisonment
for a term not exceeding fourteen years who, in the Cook Islands aids, incites,
counsels,
or procures the doing or omission outside the Cook Islands, by any
person not owing allegiance to Her Majesty the Queen in right
of New Zealand, of
any act which, if done or omitted outside the Cook Islands by a person owing
such allegiance, would be any of
the crimes of treason, inciting to mutiny, or
communicating secrets, as specified in sections 75, 79, and 80 of this
Act.
(2) Every one is liable to imprisonment for a term not exceeding ten
years who, in the Cook Islands, incites, counsels, or attempts
to procure the
doing or omission outside the Cook Islands of any act which, if done or omitted
in the Cook Islands, would be any
such crime as aforesaid, when that act is not
in fact done or omitted.
(3) Every one who, in the Cook Islands, aids,
incites, counsels, or procures the doing or omission outside the Cook Islands of
any
act (not being an act to which the foregoing provisions of this section
apply) which, if done or omitted in the Cook Islands, would
be a crime other
than murder, is liable to imprisonment for a term not exceeding that proscribed
for the crime, or seven years, whichever
is the loss:
Provided that it
shall be a defence to a charge under this subsection to prove that the doing or
omission of the act to which the
charge relates was not an offence under the law
of the place where it was, or was to be done or omitted.
(4) Except as
otherwise provided in this Act, no one be convicted of inciting, counselling, or
attempting to procure in the Cook Island
the doing or omission of an act outside
Cook Islands when that act is not in fact done or
omitted.
72. Offence committed other
than offence intended - (1) Every one who incites, counsels, or procures
another to be a party to an offence of which that other is afterwards guilty is
a party to that offence, although it may be committed in a way different from
what which was incited, counselled, or suggested.
(2) Every one who
incites, counsels, or procures another to be a party to an offence is a party to
every offence which that other
commits in consequence of such inciting,
counselling, or procuring, and which the first-mentioned person knew to be
likely to be
committed in consequence
thereof.
73. Accessory after the
fact - (1) An accessory after the fact to an offence is one who, knowing
any person to have been a party to the offence, receives, comforts,
or assists
that person or tampers with or actively suppresses any evidence against him, in
order to enable him to escape arrest or
to avoid arrest or
conviction.
(2) No married person whose spouse has been a party to an
offence shall become an accessory after the fact to that offence by doing
any
act to which this section applies in order to enable the spouse, or the spouse
and any other person who has been a party to the
offence, to escape after arrest
or to avoid arrest or conviction.
74.
Attempts - (1) Every one who, having an intent to commit an offence, does
or omits an act for the purpose of accomplishing his object, is
guilty of an
attempt to commit the offence intended, whether in the circumstances it was
possible to commit the offence or not.
(2) The question whether an act
done or omitted with intent to commit an offence is or is not only preparation
for the commission
of that offence, and too remote to constitute an attempt to
commit it, is a question of law.
(3) An act done or omitted with intent
to commit an offence may constitute an attempt if it is immediately or
proximately connected
with the intended offence, whether or not there was any
act unequivocally showing the intent to commit that offence.
PART V
CRIMES AGAINST PUBLIC ORDER
Treason and Other Crimes Against the Queen and the State
75. Treason -
Every one owing allegiance to Her Majesty the Queen in right of New Zealand
commits treason who, within or outside the Cook Islands-
(a) Kills or wounds or does grievous bodily harm to Her Majesty the Queen, or imprisons or restrains her; or
(b) Levies war against the Cook Islands; or
(c) Assists an enemy at war with the Cook Islands or New Zealand, or say armed forces against which New Zealand forces are engaged in hostilities, whether or not a state of war exists between the Cook Islands or New Zealand and any other country; or
(d) Incites or assists any person with force to invade the Cook Islands or New Zealand; or
(e) Uses force for the purpose of overthrowing the Government of the Cook Islands; or
(f) Conspires with any person to do anything mentioned in this section.
76.
Punishment for treason or attempted treason - (1) Except otherwise
provided in this Act every one who commits treason within the meaning of any of
the provisions of paragraphs
(a) to (e) of section 75 of this Act shall upon
conviction be sentenced to death.
(2) Every one is liable to imprisonment
for a term not exceeding fourteen years who commits treason within the meaning
of paragraph
(f) of the said section 75.
(3) Every one is liable to
imprisonment for a term not exceeding fourteen years who, owing allegiance to
Her Majesty the Queen in
right of New Zealand, attempts to commit treason within
or outside the Cook Islands.
77.
Evidence of treason - (1) No one shall be convicted of treason on the e
evidence of one witness only, unless the evidence of that witness is
corroborated
in some material particular by evidence implicating the
accused.
(2) Nothing in subsection (1) of this section shall apply to
treason within the meaning of paragraph (a) of section 75 of this
Act.
78. Punishment for being party to
treason - Every one is liable to imprisonment for a term not exceeding
Seven years who-
(a) Becomes an accessory after the fact to treason; or
(b) Knowing that a person is about to commit treason, fails without reasonable excuse to inform a constable as soon as possible or to use other reasonable efforts to prevent its commission.
79.
Inciting to mutiny - Every one owing allegiance to Her Majesty the Queen
in right of New Zealand is liable to imprisonment for a term not exceeding
ten
years who, within or outside the Cook Islands, for any traitorous or Mutinous
purpose,-
(a) Endeavours at any time to seduce any person serving in the New Zealand forces from his duty; or
(b) During any war or state of hostilities in which New Zealand forces are engaged, endeavours to seduce any person serving in any allied armed force, whether a Commonwealth force or not, from his duty.
80.
Communicating secrets - Every one owing allegiance to Her Majesty the
queen in right of New Zealand is liable to imprisonment for a term not exceeding
fourteen years who, within or outside the Cook Islands,-
(a) With intent to prejudice the safety, security or defence of the Cook Islands, communicate, or makes available to any person any military or scientific information, or any sketch, photograph, map, plan, model, design, pattern, specimen, article, note, or document of a military or scientific character, the communication or making available of which is likely to prejudice the safety, security, or defence of the Cook Islands; or
(b) Conspires with any person to do anything mentioned in paragraph (a) of this section.
81.
Sabotage - (1) Every one is liable to imprisonment for a term not
exceeding ten years who, with intent to prejudice the safety, security,
or
defence of the Cook Islands, or the safety or security of the armed forces of
any other country, lawfully present in the Cook
Islands,-
(a) Impairs the efficiency or impedes the working of any ship, vehicle, aircraft, arms, munitions, equipment, machinery, apparatus, or atomic or nuclear plant; or
(b) Damages or destroys any property which it is necessary to keep intact for the safety or health of the public.
(2) No
person shall be convicted of an offence against this section by reason only of
the fact that he takes part in any strike or
lockout.
Seditious Offences
82. Oath to commit
offence - (1) Every one is liable to imprisonment for a term not
exceeding five years who-
(a) Administers or is present at and consenting to the administration of any oath or engagement purporting to bind the person taking the same to commit any offence; or
(b) Attempts to induce or compel any person to take any such oath or engagement; or
(c) Takes any such oath or engagement.
(2) No
one who has been acquitted or convicted of any offence against this section is
liable to be afterwards tried for treason, or
for being accessory after the fact
to treason, in respect of the same
matter.
83. Seditious offences defined
- (1) A seditious intention is an intention-
(a) To bring into hatred or contempt, or to excite disaffection against, Her Majesty the Queen in the right of New Zealand or the Government of the Cook Islands, or the administration of justice; or
(b) To incite the public or any persons or any class of persons to attempt to procure otherwise than by lawful means the alteration of any matter affecting the Constitution, laws, or Government of the Cook Islands; or
(c) To incite, procure, or encourage violence, lawlessness, or disorder; or
(d) To incite, procure, or encourage the commission of any offence that is prejudicial to the public safety or to the maintenance of public order; or
(e) To excite such hostility or ill will between different classes of persons as may endanger the public safety.
(2) Without
limiting any other legal justification, excuse, or defence available to any
person charged with any offence, it is hereby
declared that no one shall be
deemed to have a seditious intention only because he intends in good
faith-
(a) To show that Her Majesty the Queen in right of New Zealand has been misled or mistaken in her measures; or
(b) To point out errors or defects in the Government or Constitution of the Cook Islands, or in the administration of justice; or to incite the public or any persons to attempt to procure by lawful mean the alteration of any matter affecting the Constitution, laws, or Government of the Cook Islands; or
(c) To point out, with a view to their removal, matters producing or having a tendency to produce feelings of hostility or ill will between different classes of person.
(3) A seditious conspiracy is an
agreement between two or more persons to carry into execution any seditious
intention.
(4) For the purposes of sections 85 to 87 of this
Acts,-
"To publish" means to communicate to the public or to any person or persons, whether in writing, or orally, or by any representation, or by any means of reproduction whatsoever;
"Statement" includes words, writing, pictures, or any significant expression or reproduction, by any means whatsoever, of any statement.
84.
Seditious conspiracy - Every one is liable to imprisonment for a term not
exceeding two years who is a party to any seditious
conspiracy.
85. Seditious
statements - Every one is liable to imprisonment for a term not a
exceeding two years who makes or publishes, or causes or permits to be made
or
published, any statement that expresses any seditious
intention.
86. Publication of seditious
documents - (1) Every one to liable to imprisonment for a term not
exceeding two years who, with a seditious intention,-
(a) Prints, publishes, or sells; or
(b) Distributes or delivers to the public or to any person or persons; or
(c) Causes or permits to be printed, published, or solid, or to be distributed or delivered as aforesaid; or
(d) Has in his possession for sale, or for distribution or delivery as aforesaid; or
(e) Brings, or causes to be brought or sent into the Cook Islands,-
any document, statement,
advertisement, or other matter that expresses any seditious
intention.
(2) Any constable may seize any document, statement, or
advertisement, or any other written or printed matter, in respect of which
an
offence under this section is committed or is reasonably suspected by him to
have been committed.
87. Use of
apparatus for making seditious documents statements - Every one is liable
to imprisonment for a term not exceeding two years, who, having in his
possession or under his control any
printing press, or any mechanical,
photographic, or electrical apparatus, or any other apparatus whatsoever
-
(a) Uses it; or
(b) Causes or permits it to be used-
for
printing, making, or publishing, or for facilitating the printing, making, or
publishing of, any document, statement, advertisement,
or other matter that
expresses or will express any seditious
intention.
Unlawful Assemblies, Riots,
and Breaches of the Peace
88.
Unlawful assembly - (1) An unlawful assembly is an assembly of three or
more persons who, with intent to carry out any common purpose, assemble in
such
a manner, or so conduct themselves when assembled, as to cause persons in the
neighbourhood of the assembly to fear, on reasonable
grounds, that the person so
assembled-
(a) Will disturb the peace tumultuously; or
(b) Will, by that assembly, needlessly and without reasonable cause provoke other persons to disturb the peace tumultuously.
(2) Persons lawfully assembled
may become an unlawful assembly if, with a common purpose, they conduct
themselves in such a manner
that their assembling would have been unlawful if
they had assembled in that manner for that purpose.
(3) An assembly of
three or more persons for the purpose of protecting the house of any one of
their number against persons threatening
to break and enter that house in order
to commit a crime therein is not unlawful.
(4) Every member of an
unlawful assembly is liable to imprisonment for a term not exceeding one
year.
89. Riot - (1) A riot is
an unlawful assembly that has begun to disturb the peace
tumultuously.
(2) Every rioter is liable to imprisonment for a term not
exceeding two years.
90. Reading the
Riot Act - (1) Where twelve or more persons are unlawfully, riotously,
and tumultuously assembled together in any place to the disturbance
of the
public peace, any Judge of Justice may, at the request of the senior member of
the Police for the time being acting in that
place, go to the place where the
assembly is, and, among the rioters or as near to them as he can safely come,
with a loud voice
command silence, and then, openly and with a loud voice, make
or cause to be made a proclamation in the following words, or to a
like
effect:
"Her Majesty the Queen commands all of you to disperse immediately and to go quietly to your homes or to your lawful business, upon pain of being charged with an offence punishable by imprisonment for five years."
"GOD SAVE THE QUEEN"
(2) All persons are liable to
imprisonment for a term not exceeding five years who-
(a) Wilfully and with force oppose, hinder, or hurt any person who begins or is about to make or is making the said proclamation, so that it is not made; or
(b) Continue together to the number of twelve or more for one hour after the proclamation is made, or, if they know that its making was hindered as aforesaid, for one hour after such hindrance.
(3) No person shall be prosecuted
for any offence against this section unless the prosecution is commenced within
twelve months from
the time when the offence was
committed.
91. Failure of rioters to
disperse - (1) If on the expiry of the period of one hour referred to in
subsection (2) of section 90 of this Act twelve or more persons remain
assembled, it is the duty of every constable, and of every one required by him
to, assist, to arrest the persons so assembled.
(2) If by reason of the
resistance of the persons so assembled one of them is killed or hurt in the
arrest or attempted arrest of
them, or in the endeavour to disperse them, every
person ordering their arrest or dispersal, and every person carrying out any
such
order, shall be justified in having so acted.
(3) Nothing in this
section shall limit or affect in any way any duties or powers imposed or given
by this Act in respect of the suppression
of riots before or after the making of
the said proclamation.
92. Riotous
destruction of buildings, etc. - All persons are liable to imprisonment
for a term not exceeding seven years who, being riotously and tumultuously
assembled together
to the disturbance of the public peace, unlawfully and with
force demolish or pull down or damage or begin to demolish or pull down
or
damage-
(a) Any building whatever;
(b) Any machinery whatever, whether fixed or movable;
(c) Any structure, erection, bridge, vehicle, apparatus, or equipment used in any undertaking carried on by the Crown or any public body or local authority, or used in the farming of land or in the carrying on of any trade, manufacture, or business.
93.
Forcible entry and detainer - (1) Every one commits forcible entry when,
by force or in a manner that causes or is likely to cause a breach of the peace
or reasonable
apprehension of a breach of the peace, he enters on land that is
in the actual and peaceable possession of another for the purpose
of taking
possession, whether or not he is entitled to enter.
(2) Every one commits
forcible detainer when, being in actual possession of land without colour of
right, he detains it, in a manner
that causes or is likely to cause a breach of
the peace or reasonable apprehension of a breach of the peace, against another
who
is entitled by law to possession of the land,
(3) Whether there was
actual possession, or colour of right is a question of fact.
(4) Every
one who commits forcible entry or forcible detainer is liable to imprisonment
for a term not exceeding one year.
94.
Carrying offensive weapon in public place without lawful excuse - (1)
Every one commits an offence and is liable to imprisonment for a term not
exceeding one year or to a fine not exceeding one
hundred dollars who, without
lawful authority or reasonable excuse, the proof of which shall be on him, has
with him in any public
lace any offensive weapon.
(2) Where any person is
convicted of an offence against this section the Court may make an order for the
forfeiture or disposal of
any weapon in respect of which the offence was
committed.
(3) Any constable who has reasonable cause to believe that any
person is committing an offence against this section may arrest that
person
without warrant, if the constable-
(a) Is not satisfied as to that person's identity or place of residence; or
(b) Has reasonable cause to believe that it is necessary to arrest him in order to prevent the commission by him of any other offence in the course of committing which an offensive weapon might be used.
(4) For the purposes of this section,
the expression "offensive weapon" means any article made or altered for use for
causing bodily
injury, or intended by the person having it with him for such
use; but does not include any tool of trade in the possession of any
person in
the course of his employment or while he is going to or returning from his
work.
95.- Riotous etc., behaviour in
public place - Every one commits an offence and is liable to a fine not
exceeding one hundred dollars who in or within view of any public place,
or
within the hearing of any person therein, behaves in a riotous, offensive,
threatening, insulting, or disorderly manner, or uses
any threatening, abusive,
or insulting words.
96. Fighting in
public place - Every one commits an offence, and is liable to
imprisonment for a term not exceeding three months or to a fine not exceeding
one
hundred dollars, who fights in any public
place.
97. Throwing or leaving bottles
or glass in public place - (1) Every one commits an offence and is liable
to a fine not exceeding fifty dollars who throws or leaves any bottle, or any
glass,
or any article made of or containing glass, upon or in any public place,
or, having broken any bottle or any glass or any such article
as aforesaid,
leaves the broken glass upon or in any public place.
(2) For the purposes
of this section, the expression 'public place' means any public place within the
meaning of section 2 of this
Act, and also includes any public reserve, any
place or waters frequented by bathers, any foreshore, and any other place of
public
recreation or resort.
98.
Obstructing public place - Every one commits an offence and is liable to
a fine not exceeding twenty dollars who without lawful justification obstructs
any
public or creates any source of danger therein, or otherwise commits any
public nuisance therein.
99. Profane,
indecent, or obscene language - Everyone commits an offence and is liable
to imprisonment for a term not exceeding six months or a fine not exceeding
fifty dollars
who uses any profane, indecent, or obscene language in any public
place or within the hearing of any person in a public
place.
100. Disturbing public
worship - Every one commits an offence and is liable to a fine not
exceeding twenty dollars who wilfully and without lawful justification
or excuse
disturbs or interferes with the orderly conduct of any religious service or any
meeting lawfully assembled for religious
purposes, wherever that service or
meetings, is held, or in any way disturbs or molests any preacher, teacher, or
person lawfully
officiating at any such service meeting or any persons there
assembled.
101. Drunkenness -
Everyone commits an offence and is liable to imprisonment for a term one commits
an offence and is liable to imprisonment for a
term not exceeding one month to a
fine not exceeding twenty dollars who is found in any public
place.
102. Wilful trespass after
warning to leave - Everyone commits an offence and is liable to
imprisonment for not exceeding three months or a fine not exceeding one hundred
dollars
who wilfully trespasses in any place, and neglects or refuses to leave
that place after being warned to do so by the owner or any
person in lawful
occupation of the place, or any person acting under the express or implied
authority of implied authority the owner
or person in lawful occupation.
Piracy
103. Piracy - (1)
Every one who does any act amounting to piracy by the law of nations, whether
that act is done within or outside the Cook Islands,-
(a) Shall upon conviction thereof be sentenced to imprisonment for life if, in committing piracy, he murders, attempts to murder, or does any act likely to endanger the life of any person:
(b) Is liable to imprisonment for a term not exceeding fourteen years in any other case.
(2) Any act that by the law of
nations would amount to piracy if it had been done on the high seas on board or
in relation to a ship
shall be piracy for the purposes of this section if it is
done on board or in relation to an aircraft, whether the aircraft is on
or above
the sea or is on or above the
land.
104. Piratical acts - (1)
Every one commits a piratical act who-
(a) Within the Cook Islands, or, being a person ordinarily resident in the Cook Islands outside the Cook Islands, under pretence of any commission from any State other than the Cook Islands (whether or not that State is at war with the Cook Islands) or under pretence of authority from any person whatever, commits an act of hostility or robbery;
(b) Within or outside the Cook Islands, enters into any Cook Islands ship and throws overboard or destroys any goods on board the ship;
(c) Within or outside the Cook Islands, on board any Cook Islands ship-
(i) Turns enemy or rebel and piratically runs away with the ship or any boat, weapons, ammunition, or goods; or
(ii) Voluntarily yields up the ship or any boat, weapons, ammunition, or goods to any pirate; or
(iii) Counsels or procures any person to yield up or run away with any ship, goods, or merchandise, or to turn pirate or go over to pirates; or
(iv) Assaults the master or commander of any ship in order to prevent him from fighting in defence of his ship and goods; or
(v) Imprisons or restrains the master or commander of any ship; or
(vi) Makes or endeavours to make a revolt in a ship.
(2) Subsection (1) of this
section shall extend and apply to aircraft as it applies to ships; and for the
purpose of this subsection
any reference in subsection (1) of this section to
the master or commander of any ship shall be read as a reference to the pilot
in
command of an aircraft.
105. Punishment
of piratical acts - Every one who commits any piratical act-
(a) Shall upon conviction thereof be sentenced to imprisonment for life if, in committing that act, he murders, attempts to murder, or does any act likely to endanger the life of any person:
(b) Is liable to imprisonment for a term not exceeding fourteen years in any other case.
106.
Attempt to commit piracy - Every one is liable to within or outside the
Cook Islands, attempts to do any act amounting to piracy by the law of
nations.
107. Conspiring to commit
piracy - Every one is liable to imprisonment for a term not exceeding ton
years who, within or outside the Cook Islands, conspires with
any other person
to do any act amounting to piracy by the law of
nations.
108. Accessory after the fact
to piracy - Every one is liable to imprisonment for a term not exceeding
seven years who, within or outside the Cook Islands, is accessory
after the fact
to any act amounting to piracy by the law of nations.
Dealing in Persons
109. Dealing in
persons - (1) Every one is liable to imprisonment for a term not
exceeding fourteen years who, within or outside the Cook Islands,-
(a) Sells, purchases, transfers, barters, lets, hires, or in any way whatsoever deals with any person as a slave; or
(b) Employs or uses any person as a slave, or permits any person to be so employed or used; or
(c) Detains, confines, imprisons, carries away, removes, receives, transports, imports, or brings into any place whatsoever any person as a slave or to be dealt with as a slave; or
(d) Induces any person to sell, let, or give himself, or any other person dependent on him or in his charge, as a slave; or
(e) Builds, fits out, sells, purchases, transfers, lets, hires, uses, mans, navigates, or serves on board any ship or aircraft for any of the aforesaid purposes; or
(f) Induces any person to place himself or any other person in debt-bondage or serfdom; or
(g) For gain or reward gives in marriage or transfers any woman to another person without her consent; or
(h) Is a party to the inheritance by any person of a woman on the death of her husband; or
(i) Being a parent or guardian of any child under the age of eighteen years, delivers that child to another person with intent that the child or his labour shall be exploited; or
(j) Agrees or offers to do any of the acts mentioned in this subsection.
(2)For the purposes of this
section -
"Debt-bondage" means the status or condition arising from a pledge by a debtor of his personal services, or of the personal services of any person under his control, as security for a debt, if the value of those services, as reasonably assessed, is not applied towards the liquidation of the debt or if the length and nature of those services are not limited and defined;
"Serfdom" means the status or condition of a tenant who is by any laws custom, or agreement bound to live and labour on land belonging to another person and to render some determinate service to that other person, whether for reward or not, and who is not free to change that status or condition.
PART
VI
CRIMES AFFECTING TEE
ADMINISTRATION OF LAW AND JUSTICE
Bribery and Corruption
110.
Interpretation - In this Part of this Act, unless the context otherwise
requires,-
"Bribe" means any money, valuable consideration, office, or employment, or any benefit, whether direct or indirect;
"Judicial officer" means a Judge or Commissioner of any Court, Coroner, or Justice, or any other person holding any judicial office, or any person who is a member of any tribunal authorised by law to take evidence on oath;
"Law enforcement officer" means any constable or any person employed in the detection or prosecution or punishment of offenders;
"Official" means any person in the service of Her Majesty in right of New Zealand in the Cook Islands (whether that service is honorary or not, and whether it is within or outside the Cook Islands), or any member or employee of any Island Council.
111.
Judicial corruption - (1) Every judicial officer is liable to
imprisonment for a term not exceeding fourteen years who corruptly accepts or
obtains,
or agrees or offers to accept or attempts to obtain, any bribe for
himself or any other person in respect of any act done or omitted,
by him in his
judicial capacity.
(2) Every judicial officer, and every Registrar or
Deputy Registrar of any Court, is liable to imprisonment for a term not
exceeding
seven years who corruptly accepts or obtains, or agrees or offers to
accept or attempts to obtain, any bribe for himself or any other
person in
respect of any act done or omitted, or to be done or omitted, by him in his
official capacity not being an act or omission
to which subsection (1) of this
section applies.
112. Bribery of
Judicial officer, etc. - (1) Every one is liable to imprisonment for a
term not exceeding seven years who corruptly gives or offers or agrees to give
any
bribe to any person with intent to influence any judicial officer in respect
of any act or omission by him in his judicial capacity.
(2) Every one is
liable to imprisonment for a term not exceeding five years who corruptly gives
or offers or agrees to give any bribe
to any person with intent to influence any
judicial officer or any Registrar or Deputy Registrar of any Court in respect of
any act
or omission by him in his official capacity, not being an act or
omission to which subsection (1) of this section
applies.
113. Corruption and bribery of
Minister of the Crown - Every Minister of the Crown or member of the
Executive Council is liable to imprisonment for a term not exceeding fourteen
years
who corruptly accepts or obtains, or agrees or offers to accept or
attempts to obtain, any bribe for himself or any other person
in respect of any
act done or omitted, or to be done or omitted, by him in hid capacity as a
Minister or member of the Executive
Council.
(2) Every one is liable to
imprisonment for a term not exceeding seven years who corruptly gives or offers
or agrees to give any bribe
to any person with intent to influence any Minister
of the Crown or member of the Executive Council in respect of any act or
omission
by him in his capacity as a Minister or member of the Executive
Council.
(3) No one shall be prosecuted for an offence against this
section without the leave of a Judge of the High Court. Notice of the intention
to apply for such leave shall be given to the person whom it is intended to
prosecute, and he shall have an opportunity of being
heard against the
application.
114. Corruption and
bribery of member of Legislative Assembly - (1) Every member of the
Legislative Assembly is liable to imprisonment for a term not exceeding seven
years who corruptly accepts
or obtains, or agrees or offers to accept or
attempts to obtain, any bribe for himself or any other person in respect of any
act
done or omitted, or to be done or omitted, by him in his capacity as a
member of the Legislative Assembly.
(2) Every one is liable to
imprisonment for a term not exceeding three years who corruptly gives or offers,
or agrees to give any
bribe to any person with intent to influence any member of
the Legislative Assembly in respect of any act or omission by him in his
capacity as a member of the Legislative Assembly.
(3) No one shall be
prosecuted for an offence against this section without the leave of a Judge of
the High Court. Notice of the intention
to apply for such leave shall be given
to the person whom it is intended to prosecute, and he shall have an opportunity
of being
heard against the
application.
115. Corruption and
bribery of law enforcement officer - (1) Every law enforcement officer is
liable to imprisonment for a term not exceeding seven years who corruptly
accepts or obtains,
or agrees or offers to accept or attempts to obtain, any
bribe for himself or any other person in respect of any act done or omitted,
or
to be done or omitted, by him in his official capacity.
(2) Every one is
liable to imprisonment for a term not exceeding three years who corruptly gives
or offers or agrees to give any bribe
to any person with intent to influence any
law enforcement officer in respect of any act or omission by him in his official
capacity.
116. Corruption and bribery
of official - (1) Every official is liable to imprisonment for a term not
exceeding seven years who, whether within the Cook Islands or elsewhere,
corruptly accepts or obtains, or agrees or offers to accept or attempts to
obtain, any bribe for himself or any other person in respect
of any act done or
omitted, or to be done or omitted, by him in his official capacity.
(2)
Every one is liable to imprisonment for a term not exceeding three years who
corruptly gives or offers or agrees to give any bribe
to any person with intent
to influence any official in respect of any act or omission by him in his
official capacity.
117. Restrictions on
prosecution - No one shall be prosecuted for an offence against any of
the provisions of sections 111, 112, 115 and 116 of this Act without the
leave
of the Attorney-General or if no such appointment has been made, then the
Minister of Justice, who before giving leave may
make such inquiries an he
thinks fit.
[Amended Act
1980/16]
Contravention of
Statute
118. Contravention of
Statute - Every one is liable to imprisonment for a term not exceeding
one year who, without lawful excuse contravenes any enactment by wilfully
doing
any act which it forbids, or by wilfully omitting to do any act which it
requires to be done, unless-
(a) Some penalty or punishment is expressly provided by law in respect of such contravention as aforesaid; or
(b) In the case of any such contravention in respect of which no penalty or punishment is so provided, the act forbidden or required to be done is solely of an administrative or a ministerial or procedural nature, or it is otherwise inconsistent with the intent and object of the enactment, or with its context, that the contravention should be regarded as an offence.
Misleading Justice
119. Perjury
defined - (1) Perjury is an assertion as to a matter of fact, opinion,
belief, or knowledge made by a witness in a judicial proceeding as
part of his
evidence on oath, whether the evidence is given in open Court or by affidavit or
otherwise, that assertion being known
to the witness to be false and being
intended by him to mislead the tribunal holding the proceeding.
(2) In
this section the term "oath" includes an affirmation, and also includes a
declaration made under section 653 of the Cook Islands
Act 1915.
(3)
Every person is a witness within the meaning of this section who actually gives
evidence, whether he is competent to be a witness
or not, and whether his
evidence is admissible or not.
(4) Every proceeding is judicial within
the meaning of this section if it is held before any of the following tribunals,
namely:
(a) Any Court of justice;
(b) The Legislative Assembly or any Committee of that Assembly;
(c) Any arbitrator or umpire, or any person or, body of persons authorised by law to make an inquiry and take evidence therein upon oath;
(d) Any legal tribunal by which any legal right or liability can be established;
(e) Any person acting as a Court or tribunal having power to hold a judicial proceeding.
(5) Every such proceeding is
judicial within the meaning of this section whether the tribunal was duly
constituted or appointed or
not, and whether the proceeding was duly instituted
or not, and whether the proceeding was invalid or
not.
120. Punishment of perjury
- (1) Except as provided in subsection (2) of this section, every one is
liable to imprisonment for a term-not exceeding seven years
who Commit
perjury.
(2) If perjury is committed in order to procure the conviction
of a person for any crime punishable by death, or for any offence for
which the
maximum punishment is not less than three years imprisonment, the punishment may
be imprisonment for a term not exceeding
fourteen
years.
121. False oaths - Every
one is liable to imprisonment for a term not exceeding five years, who being
required or authorised by law to make any statement
on oath or affirmation,
thereupon makes a statement that would amount to perjury if made in a judicial
proceeding.
122. False statements or
declarations - Every one is liable to imprisonment for a term not
exceeding three years who, on any occasion on which he is required or permitted
by law to make any statement or declaration before any officer or person
authorised by law to take or receive it, or before any notary
public to be
certified by him as such notary, makes a statement or declaration that would
amount to perjury if made on oath in a
judicial
proceeding.
123. Evidence of perjury,
false oath, or false statement - No one shall be convicted of perjury, or
of any offence against section 121 or section 122 of this Act, on the evidence
of one
witness only, unless the evidence of that witness is corroborated in some
material particular by evidence implicating the
accused.
124. Fabricating evidence
- Every one is liable to imprisonment for a term not exceeding seven
years who, with intent to mislead any tribunal holding any judicial
proceeding
to which section 119 of this Act applies, fabricates evidence by any means other
than perjury.
125. Use of purported
affidavit or declaration - Every one is liable to imprisonment for a term
not exceeding three years who-
(a) Signs a writing that purports to be an affidavit sworn before him or a statutory declaration taken by him, when the writing was not so sworn or taken, or when he knows that he has no authority to administer that oath or take that declaration; or
(b) Uses or offers for use any writing purporting to be an affidavit or statutory declaration that he knows was not sworn or made, as the case may be, by the deponent or before a person authorised to administer that oath or take that declaration.
126.
Conspiring to bring false accusation - Every one who conspires to
prosecute any person for any alleged offence, knowing that person to be innocent
thereof, is liable-
(a) To imprisonment for a term not exceeding fourteen years if that person might, on conviction of the alleged offence, be sentenced to death, or to imprisonment for a term of three years or more;
(b) To imprisonment for a term not exceeding seven years if that person might, on conviction of the alleged offence, be sentenced to imprisonment for a term less than three years.
127.
Conspiring to defeat justice - Every one is liable to imprisonment for a
term not exceeding seven years who conspires to obstruct, prevent, pervert, or
defeat
the course of justice.
128
Corrupting juries and witnesses - Every one is liable to imprisonment for
a term not exceeding seven years who-
(a) Dissuades or attempts to dissuade any person, by threats, bribes, or other corrupt means, from giving evidence in any cause or matter, civil or criminal; or
(b) Influences or attempts to influence, by threats or bribes or other corrupt means, any juryman or assessor in his conduct as such, juryman or assessor whether the juryman has been sworn as a juryman or assessor as the case may be, or not; or
(c) Accepts any bribe or other corrupt consideration to abstain from giving evidence, or on account of his conduct as a juryman or assessor; or
(d) Wilfully attempts in any other way to obstruct, prevent, pervert, or defeat the course of justice.
Escapes and Rescues
129. Assisting escape of
prisoners of war or internees - Every one is liable to imprisonment for a
term not exceeding seven years who knowingly and wilfully -
(a) Assists say prisoner of war detained in the Cook Islands, or any person interned in the Cook Islands, to escape from any place in which he is for the time being detained; or
(b) Assists any such prisoner or person as aforesaid, suffered to be at large on his parole in the Cook Islands, to escape from the place where he is at large on his parole.
130.
Breaking prison - Every one is liable to imprisonment for a term not
exceeding seven years who by force or violence breaks any prison, with intent
to
set at liberty himself or any other person
therein.
131. Escape from lawful
custody - (1) Every one is liable to imprisonment for a term not
exceeding five years who-,
(a) Having been convicted of an offence, escapes from any lawful custody in which he may be under the conviction; or
(b) Whether convicted or not, escapes from any prison in which he is lawfully detained; or
(c) Being in lawful custody otherwise than aforesaid, escapes from such custody.
(2) For the purposes of this section,
custody under an illegal warrant or other irregular process shall be deemed to
be lawful.
132. Assisting escape from
lawful custody - (1) Every one is liable to imprisonment for a term not
exceeding seven years who-
(a) Rescues any person from lawful custody, whether in a prison or not; or
(b) Assists any person in escaping or attempting to escape from lawful custody, whether in prison or not; or
(c) With intent to facilitate person lawfully detained in a prison, conveys or causes to be conveyed into any prison anything whatever.
(2) Every one is liable to
imprisonment for a term not exceeding seven years who-
(a) Being a constable who has any person in his lawful custody, voluntarily and intentionally permits that person to escape from such custody;
(b) Being an officer of a prison in which any person is lawfully detained, voluntarily and intentionally permits that person to escape from the prison.
(3) Every one is liable to
imprisonment for a term not exceeding one year who, by failing to perform any
legal duty, permits any person
in his lawful custody to escape.
(4) For
the purposes of this section, custody under an irregular warrant or other
irregular process shall be deemed to be
lawful.
133. Assisting escape of
mentally defective person under detention for offence - Every one is
liable to imprisonment for a term not exceeding five years who-
(a) Rescues any person lawfully ordered to be removed or transferred, as a person detained under Part XXI of the Cook Islands Act 1915, to or from any prison or other place, during the time of such removal or transfer; or
(b) Being a constable or an officer of a prison, who has in his custody any person lawfully detained under the said Part XXI voluntarily and intentionally permits that person to escape from custody, whether during the time of any such removal or transfer or otherwise.
PART
VII
CRIMES AGAINST RELIGION,
MORALITY, AND PUBLIC WELFARE
Crime Against Religion
134. Blasphemous libel
- (1) Every one is liable to imprisonment for a term not exceeding one
year who publishes any blasphemous libel.
(2) Whether any particular
published matter is or is not a blasphemous libel is a question of
fact.
(3) It is not an offence against this section to express in good
faith and in decent language, or to attempt to establish by arguments
used in
good faith and conveyed in decent language, any opinion whatever on any
religious subject.
(4) No one shall be prosecuted for an offence against
this section without the leave of the Minister of Justice, who before giving
leave may make such inquiries as he thinks fit.
Crimes Against Morality and Decency
135. Distribution or
exhibition of indecent matter - (1) Every one is liable to imprisonment
for a term not exceeding two years who, without lawful justification or
excuse,-
(a) Sells, exposes for sale, or otherwise distributes to the public any indecent model or object; or
(b) Exhibits or presents in or within view of any place to which the public have or are Permitted to have access any indecent object or indecent show or performance; or
(c) Exhibits or presents in the presence of any person in consideration or expectation of any payment or otherwise for gain, any indecent show or performance.
(2) It is a defence to a charge
under this section to prove that the public good was served by the acts alleged
to have been done.
(3) It is a question of law whether the sale, exposure
for sale, distribution, exhibition, or presentation might in the circumstances
serve the public good, and whether there is evidence of excess beyond what the
public good requires; but it is a question of fact
whether or not the acts
complained of did so serve the public good and whether or not there was such
excess.
(4) It is no defence that the person charged did not know that
the model, object, show, or performance to which the charge relates
was
indecent, unless that person also satisfies the Court-
(a) That he had no reasonable opportunity of knowing it; and
(b) That in the circumstances his ignorance was excusable.
(5) No one shall be prosecuted for
an offence against this section without the leave of the Minister of Justice,
who before giving
leave may make such inquiries as he thinks
fit.
136. Indecent act in public
place - (1) Every one is liable to imprisonment for a term not exceeding
two years who wilfully does say indecent act in any place to which
the public
have or are permitted to have access, or within view of any such
place.
(2) It is a defence to a charge under this section if the person
charged proves that he had reasonable grounds for believing that
he would not be
observed.
(3) For the purposes of this section, the term "place" includes
any ship, air-craft, or vehicle used for the carriage of passengers
for hire or
reward.
137. Indecent act with intent
to insult or offend - Every one is liable to imprisonment for a term not
exceeding two years who with intent to insult or offend any person does any
indecent act in any place.
137A.
Exposure of person or grossly indecent acts - Every person is liable for
imprisonment for any term not exceeding one who wilfully and obscenely his
person in any public or within
the view thereof, or wilfully does any grossly
indecent act in any such place or within the view thereof, whether alone or with
any
other person, or does any indecent act in any place intending thereby to
insult or offend any person.
[Added Act
1970/16]
138. Indecent
documents - (1) Every person commits an offence who-
(a) Sells, or delivers by way of hire, or offers for sale or hire, or has in his possession for sale or hire, an indecent document; or
(b) Prints or causes to be printed or manufactures or causes to be manufactured an indecent document; or
(c) Causes to be inserted in a newspaper any matter or thing whereby that newspaper becomes an indecent document; or
(d) Sends or causes to be sent, or attempts to send, through the post an indecent document; or
(e) Exhibits or causes to be exhibited an indecent document that includes any indecent matter to any person in consideration or expectation of any payment, or otherwise for gain, and whether such payment is made by way of gratuity or otherwise howsoever; or
(f) Publicly exhibits or causes to be publicly exhibited an indecent document in a public place, or so that the same is in view of persons in a public place; or
(g) Delivers or offers, or causes to be delivered or offered, an indecent document to any person in a public place; or
(h) Delivers or leaves, or causes to be delivered or left, on premises in the occupation of any other person an indecent document, knowing or having reasonable means of knowing that such document is indecent, or
(i) Writes, draws, affixes, impresses, or exhibits, or causes to be written, drawn, affixed, impressed or exhibited, any indecent statement, word, picture, drawing, or sign in or upon a public place; or
(k) Delivers to any person an indecent document with intent that it should be so dealt with by that or any other person in such a manner as to constitute an offence against this section.
(2) Every person
who commits an offence against subsection (1) of this section is liable to a
fine not exceeding one hundred dollars.
(3) Every person commits an
offence who wilfully does any act mentioned in subsection (1) of this
section.
(4) Every person who commits an offence against subsection (3)
of this section is liable-
(a) In the case of an individual, to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding three months;
(b) In the case of a body corporate to a fine not exceeding six hundred dollars.
(5) Every person charged with an
offence against subsection (3) of this section may be convicted of an offence
against subsection
(1) of this
section.
139. Considerations
determining whether or not the document is indecent - (1) In determining
whether any document or other matter is indecent the Court shall take into
consideration-
(a) The nature of the document or matter;
(b) The nature and circumstances of the act done by the accused with respect thereto, and the purpose for which the act was done;
(c) The literary or artistic merit or medical, legal, political, or scientific character or importance of the document or matter;
(d) The persons, classes of persons, or age group to or amongst whom the document or matter was or was intended or likely to be published, distributed, sold, exhibited, given, sent, or delivered: and the tendency of the matter or thing to deprave or corrupt any such persons, class of persons, or age group (notwithstanding that persons in other classes or age group may not be similarly affected thereby).
(2) No document or matter
shall be held to be indecent unless, having regard to the aforesaid and all
other relevant considerations,
the Court is of opinion that the act of the
accused was of an immoral or mischievous tendency.
Sexual Crimes
140. Sexual intercourse
defined - For the purposes of this Part of this Act, sexual intercourse
is complete upon penetration; and there shall be no presumption of
law that any
person is by reason of his age incapable of such
intercourse.
141. Rape - (1)
Rape is the act of a male person having sexual intercourse with a woman or
girl-
(a) Without her consent; or
(b) With consent extorted by fear of bodily harm or by threats; or
(c) With consent extorted by fear, on reasonable grounds, that the refusal of consent would result in the death of or grievous bodily injury to a third person; or
(d) With consent obtained by personating her husband; or
(e) With consent obtained by false and fraudulent representation as to the nature and quality of the act.
(2) Every one
who commits rape is liable to imprisonment for a term not exceeding fourteen
years.
(3) Notwithstanding anything in subsection (1) of this section, no
man shall be convicted of rape in respect of his intercourse with
his wife,
unless at the time of the intercourse-
(a) There was in force in respect of the marriage a decree nisi of divorce or nullity, and the parties had not, since the making of the decree, resumed cohabitation as man and wife with the free consent of the wife; or
(b) There was in force in respect of the marriage a decree or judicial separation or a separation order.
142.
Attempt to commit rape - Every one who attempts to commit rape or
assaults any person with intent to commit rape is liable to imprisonment for a
term not
exceeding ten years.
143.
Incest - (1) Incest is sexual intercourse between-
(a) Parent and child; or
(b) Brother and sister, whether of the whole blood or of the half blood, and whether the relationship is traced through lawful wedlock or not; or
(c) Grandparent and grandchild where the person charged knows of the relationship between the parties.
(2) Every
one of or over the age of sixteen years who commits incest is liable to
imprisonment for a term not exceeding ten years.
(3) In this section the
term "child" includes an illegitimate child; and "grandchild" has a
corresponding meaning.
144. Sexual
intercourse with girl under care or protection - (1) Every one is liable
to imprisonment for a term not exceeding seven years who has or attempts to have
sexual intercourse with
any girl, not being his wife, who is under the age of
twenty-one years and who -
(a) Being his step-daughter, foster daughter or ward, is at the time of the intercourse living with him as a member or his family; or
(b) not being his step-daughter foster daughter or ward, and not being a person living with him as his life is at the time of the intercourse or attempted intercourse living with him-as a member of his family and is under his care or protection.
(2) It is no defence to a charge
under this section that the girl
consented.
145. Sexual intercourse with
girl under twelve - (1) Every one who has sexual intercourse with any
girl under the age of twelve years is liable to imprisonment for a term not
exceeding
fourteen years.
(2) Every one who attempts to have sexual
intercourse with any girl under the age of twelve years is liable to
imprisonment for a
term not exceeding ten years.
(3) It is no defence to
a charge under this section that the girl consented, or that the person charged
believed that she was of or
over the age of twelve years.
(4) The girl
shall not be charged as a party to an offence committed upon or with her against
this section
146. Indecency with girl
under twelve - (1) Every one is liable to imprisonment for a term not
exceeding ten years who-
(a) indecently assaults any girl under the age of twelve years; or
(b) Being a male, does any indecent act with or upon any girl under the age of twelve years; or
(c) Being a male, induces or permits any girl under the age of twelve years to do any indecent act with or upon him.
(2) It
is no defence to a charge under this section the girl consented, or that the
person charged believed that she was of or over
the age of twelve
years.
(3) The girl shall not be charged as a party to an offence
committed upon or to her against this
section.
147. Sexual intercourse or
indecency with girl between twelve and sixteen - (1) Every one is liable
to imprisonment for a term not exceeding seven years who has or attempts to have
sexual intercourse with
any girl of or over the age of twelve years and under
the age of sixteen year being his wife.
(2) E very one is liable. to
imprisonment for a term not exceeding seven year who-
(a) Indecently assaults any such girl; or
(b) Being a male, does any indecent act with or upon any such girl; or
(c) Being a male, induces or permits any such girl to do any indecent act to or upon him.
(3) It is a defence to a charge
under this section if the person charged proves that the girl consented and that
he is younger than
the girl.
Provided that proof of the said facts shall
not be a defence if it is proved that such consent obtained by a false and
fraudulent
representation as to the nature and quality of the act.
(4) It
is a defence to a charge under this section if the person charged proves that
the girl consented, that he was under the are
of twenty-one years at the time of
the commission of the act, and that he had reasonable cause to believe, and did
believe, that
the girl was of or over the age of sixteen years:
Provided
that proof of the said facts shall not be a defence if it is proved that the
consent was obtained by a false and fraudulent
representation as to the nature
and quality of the act.
(5) Except as provided in this sections; it is no
defence to a charge under this section that the girl consented, or that the
person
charged believed that the girl of or over the arc of sixteen
years.
(6) The girl shall not be charged as a party to an offence
committed upon or with her against this section.
(7) No one shall be
prosecuted for any offence against this section, except under paragraph (a) of
subsection (2) thereof, unless
the prosecution is commenced within twelve months
from the time when the offence was
committed.
148 Indecent assault on
woman or girl - Every one is liable to imprisonment for a term not
exceeding seven years who-
(a) Indecently assaults any woman or girl of or over the age of sixteen years; or
(b) Does anything to any woman or girl of or over the age of sixteen years, with her consent, which but for such consent would have been an indecent assault, such consent being obtained by a false and fraudulent representation as to the nature and quality of the act.
149.
Conspiracy to induce sexual intercourse - Every one is liable to
imprisonment for a term not exceeding five years who conspires with any other
person by a false representation
or by other fraudulent means to induce any
woman or girl to have sexual intercourse with any male who is not her
husband.
150. Inducing sexual
intercourse under pretence of marriage - Every one is liable to
imprisonment for a term not exceeding seven years who induces any woman or girl
to have sexual intercourse
with him by a wilfully false representation that they
are married.
151. Sexual intercourse
with idiot or imbecile woman or girl - Every one is liable to
imprisonment for a term not exceeding seven years who has or attempts to have
sexual intercourse with any
woman or girl who is an idiot or an imbecile, if he
knows or has good reason to believe that she is an idiot or an
imbecile.
152. Indecent act between
woman and girl - (1) Every woman of or over the age of twenty-one years
is liable to imprisonment for a term not exceeding seven years who-
(a) Does any indecent act with or upon any girl under the age of fifteen years; or
(b) Induces or permits any girl under the age of fifteen years to do say indecent act with or upon her.
(2) The girl
shall not be charged as a party to an offence committed with or upon her against
this section.
(3) It is no defence to a charge under this section that
the girl consented.
153. Indecency
between man and boy - (1) Every one is liable to imprisonment for a term
not exceeding ten years who, being a male-
(a) Indecently assaults any boy under the age of fifteen years; or
(b) Does any indecent act with or upon any boy under the age of fifteen years; or
(c) Induces or permits any boy under the age of fifteen years to do any indecent act with or upon him.
(2) No person under the
age of twenty-one years shall be charged with committing or being a party to an
offence against this section.
(3) It is no defence to a charge under this
section that the boy consented.
154.
Indecency between males - (1) Every one is liable to imprisonment for a
term not exceeding five years who, bring a male,-
(a) Indecently assaults any other male; or
(b) Does any indecent act with or upon any other male; or
(c) Induces or permits any other male to do any indecent act with or upon him.
(2) No boy under the age of fifteen years
shall be charged with committing or being a party to an offence against
paragraph (b) or
paragraph (c) of subsection (1) of this section, unless the
other male was under the age of twenty-one years.
(3) It is not defence
to a charge under this section that the other party
consented.
155. Sodomy - (1)
Every one who commits sodomy is liable-
(a) Where the act of sodomy is committed on a female, to imprisonment for a term not exceeding fourteen years;
(b) Where the act of sodomy is committed on a male, and at the time of the act that male is under the age of fifteen years and the offender is of over the age of twenty-one years, to imprisonment for a term not exceeding fourteen years;
(c) In any other case, to imprisonment for a term not exceeding seven years.
(2) This offence is complete upon
penetration.
(3) Where sodomy is committed on any person under the age of
fifteen years he shall not be charged with being a party to that offence,
but he
may be charged with being a party to an offence against section 154 of this Act
in say case to which that section is applicable.
(4) It is no defence to
a charge under this section that the other party
consented.
156. Bestiality - (1)
Every one is liable to imprisonment for a term not exceeding seven years who
commits bestiality.
(2) This offence is complete upon
penetration.
157. Indecency with
animal - Every one is liable to imprisonment for a term not exceeding
three years who commits any act of indecency with an animal.
Crimes Against Public Welfare
158. Criminal
nuisance - (1) Every one commits criminal nuisance who' does any unlawful
act or omits to discharge any legal duty, such act or omission being
one which
he knew would endanger the lives, safety, or health of the public, or the life,
safety, or health of any individual.
(2) Every one who commits criminal
nuisance is liable to imprisonment for a term not exceeding one
year.
159. Keeping Place of resort for
homosexual acts -Every one is liable to imprisonment for a term not
exceeding ten years who-
(a) Keeps or manages, or acts or assists in the management of, say premises used as a place of resort for the commission of indecent acts between males; or
(b) Being the tenant, lessee, or occupier of any promises, knowingly permits the premises or any part thereof to be used as a place of resort for the commission of indecent acts between males; or
(c) Being the lessor or landlord of any premises, or the agent of the lessor or landlord, lets the premises or any part thereof with the knowledge that the premises are to be used as a place of resort for the commission of indecent acts between males,, or that dome part thereof is to be so used, or is wilfully a party to the continued use of the premises or any part thereof as a place of resort for the commission of such acts as aforesaid.
160.
Brothel-keeping -(1) Every one is liable to imprisonment for a term not
exceeding five years who -
(a) Keeps or manages, or acts or assists in the management of, any brothel;
(b) Being the tenant, leases, or occupier of any premises, knowingly permits the premises or any part thereof to be used as a brothel; or
(c) Being the lessor or landlord of any premises, or the agent of the lessor or landlord, lets the premises or any part thereof with the knowledge that the premises are to be used as a brothel, or that some part thereof is to be so used, or is wilfully a party to the continued use of the premises or any part thereof as a brothel.
(2) In this section, the
term "brothel" means any house, room, set of rooms, or place of any kind
whatever used for the purposes of
prostitution, whether by one woman or
more.
161. Living on earnings of
prostitution - Every one is liable to imprisonment for a term not
exceeding five years who knowingly-
(a) Lives wholly or in part on the earnings of the prostitution of another person; or
(b) Solicits or receives any payment, reward, or valuable consideration for soliciting, for any prostitute.
162.
Procuring sexual intercourse - Every one is liable to imprisonment for a
term not exceeding five years who, for gain or reward, procures or agrees or
offers to
procure any woman or girl to have sexual intercourse with any male who
is not her husband.
163.
Prostitution - Any common prostitute who loiters and importunes
passengers or other persons in any public place for the purpose of prostitution
commits an offence and is liable to imprisonment for a term not exceeding me
month or to a fine not exceeding twenty
dollars.
164. Misconduct in respect of
human remains - Everyone is liable to imprisonment for a term not
exceeding two years who -
(a) Neglects to perform any duty imposed on him by law or undertaken by him with reference to the burial or cremation Of any dead human body or human remains; or
(b) Improperly or indecently interferes with or offers any indignity to any dead human body or human remains, whether buried or not;
(c) To imprisonment for a term not exceeding one year if the theft is one for which no other punishment is prescribed by this Act, and if the object stolen exceeds in value the sum of ten dollars.
165.
Witchcraft - Everyone commits an offence and is liable to imprisonment
for a term not exceeding six months who pretends to exercise or use any
kind of
witchcraft, sorcery, enchantment or conjuration, or undertakes to tell
fortunes.
Public Health
166. Laying
Poison - Everyone commit an offence, and is liable to imprisonment for a
term not exceeding 2 years or to a fine not exceeding $1,000 or
to both, who,
without lawful justification, the proof of which shall lie on the defendant,
places any poison in any public place
or any other place accessible to the
public (whether fenced or not).
[Amended
Act 1986/9]
167 Polluting
water - Everyone commits an offence and is liable to imprisonment for a
term not exceeding six months or to a fine not exceeding one hundred
dollar. who
throws any offensive matter into or otherwise pollutes any river, watercourse,
well, cistern, or other place whence the
supply of water for the use of the
inhabitants is obtained.
168. Sale of
unwholesome provisions - Everyone commits an offence and is liable to
imprisonment for a term not exceeding one month or to a fine not exceeding forty
dollars
who sells, or exposes for sale, or has in his possession with intent to
sell, any food or drink which he knows or might by the exercise
of reasonable
care nave known to be unwholesome.
169.
Insanitary premises - Everyone commits an offence and is liable to a fine
not exceeding twenty dollars who permits any premises in his occupation or
belonging to him to be in an insanitary or offensive condition to the danger or
annoyance of the public or of his neighbours
Cruelty to Animals
170 Cruelty to
Animals - (1) Every one commits an offence an is liable to imprisonment
for a term not exceeding one month or to a fine not exceeding twenty
dollars who
cruelly treats, overdrives, overloads, abuses, tortures, or otherwise ill-treats
any animals, or who being the owner
or having the charge of any animal, omits to
supply it with proper and sufficient food, water, or shelter.
(2) In this
section the term "animal" means any beast or bird of any species
whatever.
PART
VIII
CRIMES AGAINST THE
PERSON
Duties Tending to the Preservation of Life
171. Duty to Provide the
necessaries of life - (1) Everyone who has charge of any other person
unable, by reason of detention, age, sickness, insanity, or any other cause, to
withdraw himself from such charge, and unable to provide himself with the
necessaries of life, is (whether such charge is undertaken
by him under any
contract or is imposed upon him by law or by reason of his unlawful act or
otherwise howsoever) under a legal duty
to supply that person with the
necessaries of life, and is criminally responsible for omitting without lawful
excuse to perform such
duty if the death of that person is caused, or if his
life is endangered or his health permanently injured by such
omission.
(2) Everyone is liable to imprisonment for a term not exceeding
seven years who, without lawful excuse, neglects the duty specified
in this
section so that the life of the person under his charge is endangered or his
health permanently injured by such
neglect.
172. Duty of parent or
guardian to provide necessaries - (1) Everyone who as a parent or person
in place of a parent is under a legal duty to provide necessaries for any child
under the
age of sixteen years, being a child in his actual custody, is
criminally responsible for omitting without lawful excuse to do so,
whether the
child is helpless or not, if the death of the child is caused, or if his life is
endangered or his health permanently
injured, by such omission.
(2) Every
one is liable to imprisonment for a term not exceeding seven years who, without
lawful excuse, neglects the duty specified
in this section so that the life of
the child is endangered or his health permanently injured by such
neglect.
173. Duty of employers to
provide necessaries - (1) Everyone who as employer has contracted to
provide necessary food, clothing, or lodging for any servant or apprentice under
the age of sixteen years is under a legal duty to provide the same, and is
criminally responsible for omitting without lawful excuse
to perform such duty
if the death of that servant or apprentice is caused, or if his life is
endangered or his health permanently
injured, by such omission.
(2) Every
one is liable to imprisonment for a term not exceeding five years who, without
lawful excuse, neglects the duty specified
in this section so that the life of
the servant or apprentice is endangered or his health permanently injured by
such neglect.
174. Abandoning child
under six - Everyone is liable to imprisonment for a term not exceeding
seven years who unlawfully abandons or exposes any child under the
age of six
years.
175. Duty of persons doing
dangerous acts - Everyone who undertakes (except in case of necessity) to
administer surgical or medical treatment, or to do any other lawful act
the
doing of which is or may be dangerous to life, is under a legal duty to have and
to use reasonable knowledge, skill, and care
in doing any such act, and is
criminally responsible for the consequences of omitting without lawful excuse to
discharge that duty.
176. Duty of
Persons in charge of dangerous things - Everyone who has in his charge or
under his control anything whatever, whether animate or inanimate, or who-
erects, makes, operates,
or maintains anything whatever, which, in the absence
of precaution or care, may endanger human life is under a legal duty to take
reasonable precautions against and to use reasonable care to avoid such danger,
and is criminally responsible for the consequences
of omitting without lawful
excuse to discharge that duty.
177 Duty
to avoid omissions dangerous to life - Everyone who undertakes to do any
act the omission to do which is or may be dangerous to life is under a legal
duty to do that act,
and is criminally responsible for the consequences of
omitting without lawful excuse to discharge that duty.
Homicide
178. Homicide
defined - Homicide is the killing of a human being by another, directly
or indirectly, by any means
whatsoever.
179. Killing of a
child - (1) A child becomes a human being within the meaning of this Act
when it has completely proceeded in a living state from the body
of its mother,
whether it has breathed or not, whether it has an independent circulation or
not, and whether the navel string is
severed or not.
(2) The killing of
such child is homicide if it dies in consequence of injuries received before,
during, or after birth.
180. Culpable
homicide - (1) Homicide may be either culpable or not
culpable.
(2) Homicide is culpable when it consists in the killing of any
person-
(a) By an unlawful act; or
(b) By an omission without lawful excuse to perform or observe any legal duty; or
(c) By both combined; or
(d) By causing that person by threats or fear of violence, or by deception, to do an act which causes his death; or
(e) By wilfully frightening a child under the age of sixteen years or a sick person.
(3) Except as provided in section 198
of this Act, culpable homicide is either murder or manslaughter.
(4)
Homicide that is not culpable is not an
offence.
181. Procuring death by false
evidence - Procuring by false evidence the conviction and death of any
person by the sentence of the law is not
homicide.
182. Death must be within a
year and a day - (1) No one is criminally responsible for the killing of
another unless the death takes place within a year and a day after the
cause of
death.
(2) The period of a year and a day shall be reckoned inclusive of
the day on which the last unlawful act contributing to the cause
of death took
place.
(3) Where the cause of death is an omission to fulfil a legal
duty, the period shall be reckoned inclusive of the day on which such
omission
ceased.
(4) Where death is in part caused by an unlawful act and in part
by an omission, the period shall be reckoned inclusive of the day
on which the
last unlawful act took place or the omission ceased, whichever happened
last.
183. Killing by influence on the
mind - No one is criminally responsible for the killing of another by any
influence on the mind alone, except by wilfully frightening
a child under the
age of sixteen years or a sick person, nor for the killing of another by any
disorder or disease arising from such
influence, except by wilfully frightening
any such child as aforesaid or a sick
person.
184. Acceleration of
death - Every one who by any act or omission causes the death of another
person kills that person, although the effect of the bodily injury
caused to
that person was merely to hasten his death while labouring under some disorder
or disease arising from some other
cause.
185 Causing death that might
have been prevented - Every one who by any act or omission causes the
death of another person kills that person, although death from that cause might
have been prevented by resorting to proper
means.
186. Causing injury the
treatment of which causes death - Every one who causes to another person
any bodily injury, in itself of a dangerous nature, from which death results,
kills that
person, although the immediate cause of death be treatment, proper or
improper, applied in good faith.
Murder, Manslaughter etc.
187. Murder
defined - Culpable homicide is murder in each of the following
cases:
(a) If the offender means to cause the death of the person killed;
(b) If the offender means to cause to the person killed any bodily injury that is known to the offender to be likely to cause death, and is reckless whether death ensues or not;
(c) If the offender means to cause death, or, being so reckless as aforesaid, means to cause such bodily injury as aforesaid to one person, and by accident or mistake kills another person, though he does not mean to hurt the person killed;
(d) If the offender for any unlawful object does an act that he knows to be likely to cause death, and thereby kills any person, though he may have desired that his object should be effected without hurting any one.
188.
Further definition of murder - (1) Culpable homicide is also murder -in
each of the following cases, whether the offender means or does not mean death
to ensue,
or knows or does not know that death is likely to ensue:
(a) It he means to cause grievous bodily injury for the purpose of facilitating the commission of any of the offences mentioned in subsection (2) of this section, or facilitating the flight or avoiding the detection of the offender upon the commission or attempted commission thereof, or for the purpose of resisting lawful apprehension in respect of any offence whatsoever, and death ensues from such injury;
(b) If he administers any stupefying or overpowering thing for any of the purposes aforesaid, and death ensues from the effects thereof;
(c) If he by any means wilfully stops the breath of any person for any of the purposes aforesaid, and death ensues from such stopping of breath.
(2) The offences referred to in
subsection (1) of this section are those specified in the following provisions
of this Act, namely:
(a) Section, 75 (treason) or section 80 (communicating secrets);
(b) Section 81 (sabotage);
(c) Section 103 (piracy);
(d) Section 104 (piratical acts);
(e) Sections 129 to 132 (escape or rescue from prison or lawful custody or detention);
(f) Section 140 (rape);
(g) Section 187 (murder);
(h) Section 230 (abduction);
(i) Section 231 (kidnapping);
(j) Section 256 (robbery);
(k) Section 263 (burglary);
(l) Section 317 (arson).
189.
Provocation - (1) Culpable homicide that would otherwise be murder may be
reduced to manslaughter if the person who caused the death did so under
provocation.
(2) Anything done or said may be provocation if,-
(a) In the circumstances of the case it was sufficient to deprive a person having the power of self-control of an ordinary person, but otherwise having the characteristics of the offender, of the power of self-control; and
(b) It did in fact deprive the offender of the power of self-control and thereby induced him to commit the act of homicide.
(3)
Whether there is any evidence of provocation is a question of law.
(4)
Whether, if there is evidence of provocation, the provocation was sufficient as
aforesaid, and whether it did in fact deprive
the offender of the power of
self-control and thereby induced him to commit the act of homicide, are
questions of fact.
(5) No one shall be held to give provocation to
another by lawfully exercising any power conferred by law, or by doing anything
which
the offender incited him to do in order to provide the offender with an
excuse for killing or doing bodily harm to any person.
(6) This section
shall apply in any case where the provocation was given by the person killed,
and also in any case where the offender,
under provocation given by one person
by accident or mistake killed another person.
(7) The fact that by virtue
of this section one party to a homicide has not been or is not liable to be
convicted of murder shall
not affect the question whether the homicide amounted
to murder in the case of any other party to
it.
190. Illegal arrest may be evidence
of provocation - An illegal rest shall not necessarily reduce the offence
from murder to man laughter; but if the illegality was known to the offender
it
may be evidence of provocation.
191
Manslaughter - Except as provided in section 198 of this Act, culpable
homicide not amounting to murder is man
laughter.
192. Punishment of
murder - Every one who commits warder shall upon conviction thereof be
sentenced to imprisonment for
life.
193. Attempt to murder -
Every one who attempts to commit murder is liable to imprisonment for a term not
exceeding fourteen years.
194.
Counselling or attempting to procure murder - Every one is liable to
imprisonment for a term not exceeding ten years who incites, counsels I or
attempts to procure say person
to murder any other person in the Cook Islands,
when that murder is not in fact
committed.
195. Conspiracy to
murder - (1) Every one is liable to imprisonment for a term not exceeding
ten years who conspires or agrees with any person to murder any
other person,
whether the murder is to take place in the Cook Islands or elsewhere.
(2)
For the purposes of this section, the expression "to murder" includes to cause
the death of another person out of the Cook Islands
in circumstances that would
amount to murder if the act were committed in the Cook
Islands.
196. Accessory after the fact
to murder - Every one in liable to imprisonment for a term not exceeding
seven years who is an accessory after the fact to
murder.
197. Punishment of
manslaughter - Every one who commits manslaughter is liable to
imprisonment for life.
198.
Infanticide - (1) Where a woman causes the death of any child of hers
under the age of ten years in a manner that amounts to culpable homicide,
and
where at the time of the offence the balance of her mind was disturbed, by
reason of her not having fully recovered from the
effect of giving birth to that
or any other child, or by reason of the effect of lactation, or by reason of any
disorder consequent
upon childbirth or lactation, to such an extent that she
should not be held fully responsible, she is guilty of infanticide, and
not of
murder or manslaughter, and is liable to imprisonment for a term not exceeding
three years.
(2) Where upon the trial of a woman for the murder or
manslaughter of any child of hers under the age of ten years there is evidence
that would support a verdict of infanticide, the jury or the Court as the case
may be may return such a verdict instead of a verdict
of murder or manslaughter,
and the accused shall be liable accordingly. Subsection (2) of section 354 of
this Act shall be read subject
to the provisions or this subsection, but nothing
in this subsection shall affect the power of the jury or the Court as the case
may be under that section to return a verdict of manslaughter.
(3) Where
upon the trial of a woman for infanticide, or for the murder or manslaughter of
any child of hers under the age of ten years,
the jury are, or, as the case may
be, the Court is, of opinion that at the time of the alleged offence the balance
of her mind was
disturbed, by reason of her not having fully recovered from the
effect of giving birth to that or any other child, or by reason of
the effect of
lactation, or by reason of any disorder consequent upon childbirth or lactation,
to such an extent that she was insane,
the jury or the Court as the case may be
shall return a special verdict of acquittal on account of insanity caused by
childbirth.
(4) Where the jury or the Court as the case may be return a
special verdict under subsection (3) of this section, the Judge shall
order that
the woman be examined by two medical officers, and, the following provisions
shall apply:
(a) If each of the medical officers certifies that the woman is no longer insane and that she is in no need of care and treatment in any institution, the Judge shall order that the woman be discharged from custody forthwith;
(b) If each of the medical officers certifies that the woman is no longer insane and that she is in no need of care and treatment in any institution, the Judge shall order that the woman be discharged from custody forthwith;
(c) Unless each of the medical officers certifies as aforesaid, the Judge shall make an order for medical custody pursuant to section 576 of the Cook Islands Act 1915, and at the same time he shall issue a warrant for removal to New Zealand pursuant to section 582 of that said Act, and thereupon the provisions of sections 584 to 587 (both inclusive) of that said Act shall apply.
(7) Nothing in this section shall
affect the power of the jury or the Court as the case may be, upon the trial of
any woman for infanticide
or for murder or manslaughter, to return a verdict,
otherwise than under this section, of acquittal on account of insanity; and
where
any such verdict is returned the provisions of sections 591 to 593 (both
inclusive) of the Cook Islands Act 1915 shall apply accordingly.
(8) The
fact that by virtue of this section any woman has not been or is not liable to
be convicted of murder or manslaughter, whether
or not she has been or is liable
to be convicted of infanticide, shall not affect the question whether the
homicide amounted to murder
or manslaughter in the case of any other party to
it.
199. Aiding and abetting
suicide - Every one is liable to imprisonment for a term not exceeding
fourteen years who-
(a) Incites, counsels, or procures any person to commit suicide, if that person commits or attempts to commit suicide in consequence thereof; or
(b) Aids or abets any person in the commission of suicide.
200.
Suicide pact - (1) Every one who in pursuance of a suicide pact kills any
other person is guilty of manslaughter and not of murder, and is liable
accordingly.
(2) Where two or more persons enter into a suicide pact and
in pursuance of it one or more of them kills himself, any survivor is
guilty of
being a party to a death under a suicide pact contrary to this subsection and is
liable to imprisonment for a term not
exceeding five years; but he shall not be
convicted of an offence against section 199 of this Act.
(3) For the
purposes of this section the term "suicide pact" means a common agreement
between two or more persons having for its object
the death of all of them,
whether or not each is to take his own life; but nothing done by a person who
enters into a suicide pact
shall be treated as done by him in pursuance of the
pact unless it is done while he has the settled intention of dying in pursuance
of the pact.
(4) It shall be for the person charged to prove that by
virtue of subsection (1) of this section he is not liable to be convicted
of
murder, or that by virtue of subsection (2) of this section he is not liable to
be convicted of an offence against section 199
of this Act.
(5) The fact
that by virtue of this section any person who in pursuance of a suicide pact has
killed another person has not been or
is not liable to be convicted of murder
shall not affect the question whether the homicide amounted to murder in the
case of a third
person who is a party to the homicide and is not a party to the
suicide pact.
201. Concealing dead body
of child - Every one is liable to imprisonment for a term not exceeding
two years who disposes of the dead body of any child in any manner
with intent
to conceal the fact of its birth, whether the child died before, or during, or
after birth.
Abortion
202. Killing unborn
child - (1) Every one is liable to imprisonment for a term not exceeding
seven years who causes the death of any child that has not become
a human being
in such a manner that he would have been guilty of murder if the child had
become a human being.
(2) No one is guilty of any crime who before or
during the birth of any child causes its death by means employed in good faith
for
the preservation of the life of the
mother.
203. Procuring abortion by drug
or instrument - (1) Every one is liable to imprisonment for a term not
exceeding seven years who, with intent to procure the miscarriage of any
woman
or girl, whether she is with child or not,
(a) Unlawfully administers to or causes to be taken by her any poison or any drug or any noxious thing; or
(b) Unlawfully uses on her any instrument.
(2)
The woman or girl shall not be charged as a party to an offence against this
section.
204. Procuring abortion by
other means - (1) Every one is liable to imprisonment for a term not
exceeding five years who, with intent to procure the miscarriage of any
woman or
girl, whether she is with child or not, unlawfully uses on her any means
whatsoever, not being means to which section 203
of this Act applies.
(2)
The woman or girl shall not be charged as a party to an offence against this
section.
205. Female procuring her own
Miscarriage - Every woman or girl is liable to imprisonment exceeding
three years who with intent to procure miscarriage, whether she is with
child or
not,-
(a) Unlawfully administers to herself, or permits to be administered to her, any poison or any drug or any noxious thing; or
(b) Unlawfully uses on herself, or permits to be used on her, any instrument; or
(c) Unlawfully uses on herself, or permits to be used on her, any other means whatsoever.
206.
Supplying means of procuring abortion - Everyone is liable to
imprisonment for a term not exceeding three years who unlawfully supplies or
procures any poison or any drug
or any noxious thing, or any instrument or other
thing, whether of a like nature or not, believing that it is intended to be
unlawfully
used to procure
miscarriage.
207. Effectiveness of
means used immaterial - The provisions of sections 203 to 206 of this Act
shall apply whether or not the poison, drug, thing, instrument, or means
administered,
taken, used, supplied, or procured was in fact capable of
procuring miscarriage.
Assaults and Injuries to the Person
208. Wounding with
intent - (1) Every one is liable to imprisonment for a term not exceeding
fourteen years who, with intent to cause grievous bodily harm
to any one,
wounds, maims, disfigures, or causes grievous bodily harm to any
person.
(2) Every one is liable to imprisonment for a term not exceeding
seven years who, with intent to injure any one, or with reckless
disregard for
the safety of others, wounds, maims, disfigures, or causes grievous bodily harm
to any person.
209. Injuring with
intent - (1) Every one is liable to imprisonment for a term not exceeding
ten years who, with intent to cause grievous bodily harm to any
one, injures any
person
(2) Everyone is liable to imprisonment for a term not exceeding
five years who, with intent to injure any one, or with reckless disregard
for
the safety of others, injures any
person.
210. Injuring by unlawful
act - Every one is liable to imprisonment for a term not exceeding three
years who injures any other person in such circumstances that
if death had been
caused he would have been guilty of
manslaughter.
211. Aggravated wounding
or injury - (1) Every one is liable to imprisonment for a term not
exceeding fourteen years who with intent-
(a) To commit or facilitate the commission of any crime; or
(b) To avoid the detection of himself or of any other person in the commission of any crime; or
(c) To avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any crime-
wounds, maims, disfigures, or causes
grievous bodily harm to any person, or stupefies or renders unconscious any
person, or by any
violent means renders any person incapable of
resistance.
(2) Every one is liable to imprisonment for a term not
exceeding seven years who, with any such intent as aforesaid, injures any
person.
212. Aggravated assault
- (1) Every one is liable to imprisonment for a term not exceeding three years
who assaults any other person with intent-
(a) To commit or facilitate the commission of any crime; or
(b) To avoid the detection of himself or of any other person in the commission of any crime; or
(c) To avoid the arrest or facilitate the flight of himself or of any other person upon the commission or attempted commission of any crime.
(2) Every one is liable to imprisonment
for a term not exceeding three years who assaults any constable or any person
acting in aid
of any constable, or any person in the lawful execution of any
process, with intent to obstruct the person so assaulted in the execution
of his
duty.
213. Assault with intent to
injure - Every one is liable to imprisonment for a term not exceeding
three years who, with intent to injure any one, assaults any
person.
214. Assault on a child, or by
a male on a female - Every one is liable to imprisonment for a term not
exceeding two years who-
(a)Assaults any child under the age of fourteen years; or
(b) Being a male, assaults any female.
215.
Cruelty to a child - Every one is liable to imprisonment for a term not
exceeding five years who, having the custody, control, or charge of any child
under the age of sixteen years, wilfully ill-treats or neglects the child, or
wilfully causes or permits the child to be ill-treated,
in a manner likely to
cause him unnecessary suffering, actual bodily harm, injury to health, or mental
disorder or disability.
216. Common
assault - Every one is liable to imprisonment for a term not exceeding
one year who assaults any other
person.
217. Award of part of fine as
compensation to party injured by assault - (1) Where under this Act any
person is convicted of any assault and the Court is satisfied that the
assault-
(a) Was wanton and unprovoked; and
(b) Was attended with bodily injury to the person assaulted or with injury to his clothes, or with injury to any property then in his immediate personal custody;
and where in any such case a fine is
imposed on the offender, the Court, in its discretion, may award to the person
assaulted, by
way of compensation, any portion, not exceeding half, of the fine
so imposed.
(2) In any case, the order of the Court shall be a sufficient
authority to the Registrar receiving the fine for the payment of the
portion so
awarded to the person assaulted.
(3) The award of any portion of a fine
under this section shall not affect the right of the person assaulted or of any
other person
to recover by civil proceedings any damages in excess of the amount
so awarded.
218. Assaulting or
resisting constables etc. - If any person resists or assaults or wilfully
obstructs, or invites or encourages any person to resist, assault, or obstruct,
any constable in the execution of his duty, or any person acting in aid of such
constable, such person may be taken into custody
without warrant by any
constable, and on conviction shall be liable to imprisonment for a term not
exceeding six months or a fine
riot exceeding one hundred
dollars.
219. Disabling - Every
one in liable to imprisonment for a tern not exceeding five years who, wilfully
and, without lawful justification or excuse,
stupefies or renders unconscious
any other person.
220. Discharging
firearm or doing dangerous act with intent - (1) Every one is liable to
imprisonment for a tern not exceeding fourteen years who, with intent to do
grievous bodily harm,-
(a) Discharges any firearm, airgun, or other similar weapon at any person; or
(b) Sends or delivers to any person, or puts in any place, any explosive or injurious substance or device; or
(c) Sets fire to any property.
(2) Every one
is liable to imprisonment for a term not exceeding seven years who, with intent
to injure, or with reckless disregard
for the safety of others, does any of the
acts referred to in subsection (1) of this
section.
221. Acid throwing -
Every one is liable to imprisonment for a term not exceeding fourteen years who,
with intent to injure or disfigure any one, throws
at or applies to any person
any corrosive or injurious
substance.
222. Poisoning with intent
- (1) Every one is liable to imprisonment for a term not exceeding
fourteen years who, with intent to cause grievous bodily harm to
any one,
administers to or causes to be taken by any person any poison or other noxious
substance.
(2) Every one is liable to imprisonment for a term not
exceeding three years who, with intent to cause inconvenience or annoyance
to
any one, or for any unlawful purpose, administers to, or causes to be taken by,
any person any poison or other noxious
substance.
223. Infecting with disease
- Every one is liable to imprisonment for a term not exceeding fourteen
years who wilfully and without lawful justification or excuse,
causes or
produces in any other person any disease or
sickness.
224. Setting traps, etc.
- (1) Every one is liable to imprisonment for a term not exceeding five
years who, with intent to injure, or with reckless disregard
for the safety of
others, sets or places or causes to be set or placed any trap or device that is
likely to injure any person.
(2) Every one is liable to imprisonment for
a term not exceeding three years who, being in occupation or possession of any
place where
any such trap or device has been set or placed, knowingly and
wilfully permits it to remain there in such a condition that any person
is
likely to be injured by it.
225.
Endangering transport - (1) Every one is liable to imprisonment for a
term nor exceeding fourteen years who, with intent to injure or to endanger the
safety
of any person,-
(a) Removes anything from or places anything on, in, over, or under any place, or any area of water, that is used for or in connection with the carriage of persons or of goods by land, water, or air; or
(b) Does anything to any property that is used for or in connection with the carriage of persons or of goods by land, water, or air; or
(c) Shoots or throws anything at, into, or any vehicle, ship, or aircraft; or
(d) Causes anything to come in contact with any vehicle, ship, or aircraft; or
(e) Does any other unlawful act, or wilfully omits to do any act which it is his duty to do, in respect of any each place, area of water, or property as aforesaid, or in respect of any vehicle, ship, or aircraft.
(2) Every one is liable to
imprisonment for a term not exceeding five years who, intentionally and in a
manner likely to injure or
endanger the safety of any person, does any of the
acts referred to in subsection (1) of this
section.
226. Impeding rescue -
(1) Every one is liable to imprisonment for a term not exceeding ten years who,
without lawful justification or excuse prevents
or impedes or attempts to
prevent or impede any person who is attempting to save his own life or the life
of any other person.
(2) No one is guilty of an offence against this
section who does any such act as aforesaid in the course of saving his own life
or
the life of any other person.
Bigamy, Feigned Marriage
227. Bigamy defined
- (1) Bigamy is-
(a) The act of a person who, being married, goes through a form of marriage in the Cook Islands with a third person; or
(b) The act of a person who goes through a form of marriage in the Cook Islands with any other person whom he or she knows to be married; or
(c) The act of a person ordinarily resident in the Cook Islands, who, being married, goes through a form of marriage with a third person anywhere outside the Cook Islands; or
(d) The act of a person ordinarily resident in the Cook Islands, who goes through a form of marriage anywhere outside the Cook Islands with any other person whom he or she knows to be married.
(2)
For the purposes of this section, -
(a) A form of marriage is any form of marriage recognised by the law of the Cook Islands, or by the law of the place where it is solemnised, as a valid form of marriage;
(b) No form of marriage shall be held to be an invalid form of marriage by reason of any act or omission of the person charged with bigamy, if it is otherwise a valid form.
(3) It shall not be a
defence to a charge of bigamy to prove that if the parties were unmarried they
would have been incompetent to
contract marriage.
(4) No person commits
bigamy by going through a form of marriage if that person-
(a) Has been continuously absent from his or her spouse for seven years then last past; and
(b) Is not proved to have known that his or her spouse was alive at any time during those seven years.
228.
Punishment of bigamy - Every one who bigamy is liable to imprisonment for
a term not exceeding seven years:
Provided that if the Judge is satisfied
that the person with whom the offender went through the form of marriage knew,
at the time
when the offence was committed, that the marriage would be void, the
offender is liable to imprisonment for a term not exceeding
two
years.
229. Feigned marriage -
Every one is liable to imprisonment for a term not exceeding seven years who
goes through a form of marriage with any other person,
knowing that the marriage
will be void for any reason other than that one of the parties is already
married:
Provided that if the Judge is satisfied that that other person
knew, at the time when the offence was committed, that the marriage
would be
void, the offender is liable to imprisonment for a term not exceeding two
years.
Abduction, Kidnapping
230. Abduction of woman
or girl - Every one is liable to imprisonment for a term not exceeding
fourteen years who takes away or detains any woman or girl, whether
she is
married or not, without her consent, or with her consent obtained by fraud or
duress, with intent-
(a) To marry her or to have sexual intercourse with her; or
(b) To cause her to be married to or to have sexual intercourse with any other person.
231.
Kidnapping - (1) Every one is liable to imprisonment for a term not
exceeding fourteen years who unlawfully carries off or detains say person
without his consent, or with his consent obtained by fraud or duress, with
intent-
(a) To cause him to be confined or imprisoned; or
(b) To cause him to be sent or taken out of the Cook Islands; or
(c) To hold him for ransom or to service.
(2) A child under the
age of sixteen years shall be deemed to be incapable of consenting to being
carried off or detained.
(3) No one shall be convicted of an offence
against this section who gets possession of any child, claiming in good faith a
right
to the possession of the
child.
232. Abduction of child under
sixteen - (1) Every one is liable to imprisonment for a term not
exceeding seven years who, with intent to deprive any parent or guardian
or
other person having the lawful care or charge of any child under the age of
sixteen years of the possession of the child, or with
intent to have sexual
intercourse with any child being a girl under that age, unlawfully-
(a) Takes or entices away or detains the child; or
(b) Receives the child, knowing that the child has been so taken or enticed away or detained.
(2) It is immaterial whether or
not the child consents, or is taken or goes at the child's own suggestion, or
whether or not the offender
believed the child to be of or over the age of
sixteen.
(3) No one shall be convicted of an offence against this section
who gets possession of any child, claiming in good faith a right
to the
possession of the child.
PART
IX
CRIMES AGAINST
REPUTATION
233. Criminal libel and
publishing defined - (1) A criminal libel is matter published, without
lawful justification or excuse, either designed to insult any person or likely
to injure his reputation by exposing him to hatred, contempt, or ridicule or
likely to injure him in his profession, office, business,
trade, or occupation,
whether such matter is expressed by words, written or printed, or legibly marked
on any substance, or by any
object signifying such matter otherwise than by
words, and whether expressed directly or by insinuation or irony.
(2)
Publishing a criminal libel is-
(a) Exhibiting it in public; or
(b) Causing it to be read or seen, or showing or delivering it, or causing it to be shown or delivered, with a view to its being read or seen by any person other than the person defamed.
234.
Publishing upon invitation - A person does not commit a crime by
publishing defamatory matter on the invitation or challenge of the person
defamed thereby, or
if it is necessary to publish it in order to refute some
other defamatory statement published by the last-mentioned person concerning
the
alleged offender, if such defamatory matter is believed to be true, and is
relevant to the invitation or challenge or the required
refutation, and if the
publishing does not in manner or extent exceed what is reasonably sufficient for
the occasion.
235. No prosecution
without leave of Judge - (1) No prosecution for criminal libel shall be
commenced without the leave of a Judge of the High Court.
(2) Notice of
intention to apply for such leave shall be given to the person to be charged,
who shall have an opportunity of being
heard against the
application.
236. Plea of Justification
- (1) Every person accused of publishing a criminal libel may
plead-
(a) That the defamatory matter published by him was true, or that he believed on reasonable grounds that it was true, or both; and
(b) That it was for the public benefit that the matters charged should, if true, be published in the manner in which and at the time when they were published.
(2) A plea under subsection (1) of
this section may justify the defamatory matter in any sense in which it is
specified in the information,
or in the sense that it bears without being so
specified; or separate pleas justifying it in each sense may be pleaded
separately
to each charge as if two libels had been charged in separate
information.
(3) Every such plea shall be in writing, and shall set out
the particular fact or facts by reason of which it is alleged that it was
for
the public benefit that the matter should be so published.
(4) The
prosecutor may in his reply deny generally the truth of the plea.
(5) The
truth of the matters charged in an alleged libel, and the belief of the accused
in the truth thereof, shall not be inquired
into in the absence of a plea of
justification under this section:
Provided that, if the accused is
charged with publishing the libel knowing it to be false, evidence of the truth
or of such belief
as aforesaid may be given in order to negative the allegation
that the accused knew the libel to be false.
(6) In addition to a plea of
justification under this section, the accused may plead not guilty; and the
pleas shall be inquired into
together
(7) Where justification is pleaded
in accordance with this section and the accused is convicted, the Court, in
pronouncing sentence,
may consider whether his guilt is aggravated or mitigated
by the plea.
(8) If on a plea of justification under this section the
issue is found against the accused the prosecutor shall be entitled to recover
from the accused the costs sustained by the prosecutor by reason of the
plea.
(9) If the accused is acquitted he shall be entitled to recover
from the prosecutor, if a private person, the costs sustained by the
accused by
reason of the prosecution, including the costs, if any, incurred in connection
with the application for leave to prosecute
under section 235 of this
Act.
(10) The costs so to be recovered by the accused or by the
prosecutor shall be taxed by the
Registrar.
237. Punishment of criminal
libel - (1) Every one is liable to imprisonment for a term not exceeding
one year who publishes any criminal libel.
(2) Every one is liable to
imprisonment for a term not exceeding two years who publishes any criminal libel
knowing it to be false.
238. Criminal
slander - (1) Every one is guilty of criminal slander who, without lawful
justification or excuse, uses any words that are likely to injure
the reputation
of any other person by exposing him to hatred, contempt, or ridicule, or likely
to injure him in his profession, office,
business, trade, or occupation, if the
words are-
(a) Spoken, or reproduced from a recording, within the hearing of more than twelve persons at a meeting to which the public are invited or have access, or within the hearing of more than twelve persons in any place to which the public have or are permitted to have access; or
(b) Broadcast by means of radio or television.
(2) The provisions of sections 234
to 237 of this Act shall apply, so far as they are applicable and with the
necessary modifications,
to criminal slander:
Provided that no
prosecution for criminal slander shall be commenced under this Act unless the
application to the Judge for leave,
under section 235 of this Act, is made to a
Judge within two months after the commission of the alleged offence.
PART
X
CRIMES AGAINST RIGHTS OF
PROPERTY
Theft
239. Things capable of
being stolen - Every inanimate thing whatsoever, and every thing growing
out of the earth, which is the property of any person, and either is or
may be
made movable, is capable of being stolen as soon as it becomes movable, although
it is made movable in order to steal
it.
240.
Theft of electricity - Electricity is hereby declared to be a thing
capable of being stolen; and every one commits theft who fraudulently abstracts,
consumes,
or uses any electricity.
241.
Animals capable of being stolen - (1) All tame living creatures, whether
tame by nature or wild by nature and tamed, are capable of being stolen; but
tame pigeons
are capable of being stolen so long only as they are in a dovecote
or on their owner's land.
(2) All living creatures wild by nature, such
as are not commonly found in a condition of natural liberty in the Cook Islands
are,
if kept in a state of confinement, capable of being stolen, not only while
so confined, but after they have escaped from confinement.
(3) All other
living creatures wild by nature are, if kept in a state of confinement, capable
of being stolen so long as they remain
in confinement, or are being actually
pursued after escaping therefrom, but no longer.
(4) A wild living
creature shall be deemed to be in a state of confinement so long as it is in a
den, cage, small enclosure, sty,
or tank, or is otherwise so situated that it
cannot escape and that its owner can take possession of it at
pleasure.
(5) Oysters and oyster-brood are capable of being stolen when
in oyster-beds, oyster farms, layings, and fisheries that are the property
of
any person and are sufficiently marked out or known as such property.
(6)
Wild creatures in the enjoyment of their natural liberty are not capable of
being stolen, nor shall the taking of their dead bodies
by or by the orders of
the person who killed them be deemed to be theft.
(7) Everything produced
by or forming part of any living creature capable of being stolen is capable of
being stolen.
242 Theft defined
- (1) Theft or stealing is the act of intentionally and dishonestly
taking, or intentionally and dishonestly converting to the use
of any person,
anything capable of being stolen, with intent-
(a) To deprive the owner, or any person having any special property or interest therein, permanently of such thing or of such property or interest; or
(b) To pledge the same or deposit it as security; or
(c) To part with it under a condition as to its return which the person parting with it may be unable to perform; or
(d) To deal with it in such a manner that it cannot be restored in the condition in which it was at the time of such taking or conversion.
(2) For the purposes of subsection
(1) of this section, the term "taking" does not include obtaining property in or
possession of
anything with the consent of the person from whom it is obtained,
although that consent may be induced by a false pretence; but a
subsequent
conversion of anything of which possession only is so obtained may be
theft.
(3) It is immaterial whether the thing converted was taken for the
purpose of conversion or whether it was at the time of the conversion
in the
possession of the person converting.
(4) Theft is committed when the
offender moves the thing, or causes it to move or to be moved, with intent to
steal it.
(5) A factor or agent is not guilty of theft by pledging or
giving a lien on any goods or document of title to goods entrusted to
him for
the purpose of sale or otherwise for any sum of money not greater than the
amount due to him from his principal at the time
of pledging or giving a lien on
the same, together with the amount of any bill of exchange or promissory note
accepted or made by
him for or on account of his principal.
(6) A servant
who, contrary to the orders of master, takes from his possession any food for
the purpose of giving it or having it
given to any horse or other animal
belonging to or in the possession of his master is not by reason thereof guilty
of theft.
243. Theft of animals
- Every one commits theft and steals the creature killed who kills any
living creature capable of being stolen, with intent to steal
its carcass, skin,
or plumage, or any part of it.
244.
Theft by person required to account - Every one commits theft who, having
received any money or valuable security or other thing whatsoever on terms
requiring him to
account for or pay it, or the proceeds of it, or any part of
such proceeds, to any other person though not requiring him to deliver
over in
specie the identical money, valuable security or other thing received,
dishonestly converts to his own use or dishonestly
omits to account for or pay
the same or any part thereof, or to account for or pay such proceeds or any part
thereof, which he was
required to account for or pay as
aforesaid:
Provided that if it is part of the said terms that the money
or other thing received, or the proceeds thereof, shall form an item
in a debtor
and creditor account between the person receiving it and the person to whom he
is to account for or pay the same, and
that such last-mentioned person shall
rely only on the personal liability of the other as his debtor in respect
thereof, the proper
entry of the amount of the money or proceeds or any part
thereof in that account shall be a sufficient accounting for the amount
so
entered; and in such case no dishonest conversion of the amount accounted for
shall be deemed to have taken
place.
245. Theft by person holding
power of attorney - Every one commits theft who, being entrusted, either
solely or jointly with any power of attorney for the sale, mortgage, pledge,
or
other disposition of any real or personal property, whether it is capable of
being stolen or not, dishonestly sells, mortgages,
pledges, or otherwise
disposes of the property or any part thereof, or dishonestly converts the
proceeds of any part of the property,
to some purpose other than that for which
he was entrusted with the power of
attorney.
246. Theft by
misappropriating proceeds held under direction - Everyone commits theft
who, having received, either solely or jointly with any other person, any money
or valuable security, or
any power of attorney for the sale of any real or
personal property, with a direction that the money or any part thereof, or the
proceeds or any part of the proceeds of the security or property, shall be
applied to any purpose or paid to any person specified
in the direction, in
violation of good faith and contrary to the direction, dishonestly applies to
any other purpose or pays to any
other person the money or proceeds, or any part
thereof:
Provided that where the person receiving the money, security, or
power of attorney, and the person from whom he receives it, deal
with each other
on such terms that all money paid to the former would, in the absence of any
such direction, be properly treated
as an item in a debtor and creditor account
between them, this section shall not apply unless the direction is in
writing.
247. Theft by co-owner
- Theft may be committed-
(a) By the owner of anything capable of being stolen against a person having a special property or interest therein; or
(b) By a person having a special property or interest in any such thing against the owner thereof; or
(c) By a lessee against his reversion; or
(d) By one of several joint owners or tenants in common of, or partners in, any such thing against the other persons interested therein; or
(e) By any director, officer, or member of any body corporate against that body corporate.
248.
Theft by husband or wife - (1) It is not theft for a husband or a wife to
take or convert or otherwise deal with the property of his or her spouse, unless
they are living apart from each other.
(2) Notwithstanding anything in
subsection (1) of this section, every one commits theft who, while a husband and
wife are living together,
knowingly assists either of them in dealing with
anything that is the property of the other in a manner that would amount to
theft
if they were not married.
249.
Punishment of theft - Every one who commits theft is liable to the
following punishment:
(a) To imprisonment for a term not exceeding five years if the theft is one to which section 244 (which relates to theft by a person required to account) or section 245 (which relates to theft by an attorney) or section 246 (which relates to theft by misappropriation) of this Act applies;
(b) To imprisonment for a term not exceeding five years if the object stolen is-
(i) A testamentary instrument, whether it is stolen during the testator's life or after his death;
(ii) Anything stolen by a clerk or servant which belongs to or is in the possession of his employer;
(iii) Anything in the possession of the offender as a clerk or servant, or as an officer of the Government or of any Island Council, or as a constable;
(iv) Anything stolen from the person of another;
(v) Anything stolen from a dwellinghouse;
(vi) Anything stolen from a separate receptacle, locked or otherwise secured;
(viii)[sic] Anything exceeding in value the sum of forty dollars;
(c) To imprisonment for a term not exceeding one year if the theft is one for which no other punishment is prescribed by this Act, and if the object stolen exceeds in value the sum of ten dollars;
(d) To imprisonment for a term not exceeding three months if the theft is one for which no other punishment is prescribed by this Act, and if the object stolen does not exceed in value the sum of ten dollars.
Crimes Resembling Theft
250. Conversion or
attempted conversion of motorcars, etc. - (1) Every one is liable to
imprisonment for a term not exceeding five years who, intentionally and
dishonestly, but not so as to
be guilty of theft, takes or converts to his use
or to the use of say other person any of the following things, namely:
(a) Any motorcar, or any vehicle of any description;
(b) Any ship;
(c) Any aircraft;
(d) Any part of any motorcar, vehicle, ship, or aircraft;
(e) Any horse, mare, or gelding.
(2) Every one
is liable to imprisonment for a term not exceeding two years who attempts to
commit the offence referred to in subsection
(1) of this section, or who,
intentionally and dishonestly interferes with or gets into or upon or attempts
to get into or upon any
of the things referred to in paragraphs (a) to (d) of
that subsection.
(3) In addition to imposing any penalty for an offence
against this section the convicting Court may order the person convicted of
the
offence to pay to the owner of any thing or animal destroyed or damaged, by way
of compensation for the destruction or damage,
a sum not exceeding the amount of
the loss suffered by him. The making or enforcement of an order under this
subsection shall not
affect the right of the owner or of any other person to
recover by civil proceedings any damages in excess of the sum recovered under
the order.
(4) Any order for payment under this section may be enforced
in the same manner as a fine.
251 Being
in possession of instrument for conversion - (1) Every one is liable to
imprisonment for a term not exceeding one year who-
(a) Has in his possession by night any instrument, being an instrument capable of being used for taking or converting say of the things mentioned in paragraphs (a) to (d) of subsection (1) of section 250 of this Act, in circumstances that, prima facie, show an intention to use it for the taking or converting of any such thing as aforesaid;
(b) Has in his possession by day any such instrument as aforesaid with intent to take or covert any such thing as aforesaid.
(2) It is a defence to a charge
under paragraph (a) of subsection (1) of this section if the person charged
proves that he had lawful
excuse for having the instrument in his
possession.
251A. Taking or dealing
with certain documents with intent to defraud - Everyone is liable to
imprisonment for a term not exceeding 5 years, who, with intent to
defraud-
(a) Takes or obtains any document that is capable of being used to obtain any privilege, benefit pecuniary advantage or valuable consideration; or
(b) Uses or attempts to use any such document for the purposes of obtaining, for himself or for any other person, any privilege benefit, pecuniary advantage, or valuable consideration.
[Added Act 1986/9]
252.
Criminal breach of trust - (1) Every one commits the crime of criminal
breach of trust and is liable to imprisonment for a term not exceeding seven
years
who, being a trustee, with intent to defraud and in violation of his
trust, converts anything of which he is trustee to any use not
authorised by the
trust.
(2) The following persons and no others are trustees within the
meaning of this section, namely:
(a) Trustees upon express trusts created by any deed, will, or instrument in writing, whether for any public or private or charitable object;
(b) Every person upon whom the duty of any such trust devolves or comes;
(c) Executors and administrators;
(d) Official assignees, liquidators, and other like officers acting in any winding up or dissolution of any company, society, or other body corporate, or in any bankruptcy, and any administrator under Part IV of the Administration Act 1952;
(e) Receivers end managers acting on behalf of debenture holders or creditors, or on behalf of any other persons or classes or persons.
(3) No one shall be prosecuted for an
offence against this section without the leave of the Minister of Justice, who
before giving
leave may make such inquiries as he thinks
fit.
253. Dishonestly destroying
document - Every one who destroys, cancels, conceals, or obliterates any
document for any dishonest purpose is liable to the same punishment
as if he had
stolen the document, or to imprisonment for a term not exceeding three years,
whichever is the greater.
254.
Dishonest concealment - Every one in liable to imprisonment for a term
not exceeding two years who moves, takes, or conceals anything capable of being
stolen, with the dishonest intention of thereby depriving some person other than
the owner of any pecuniary benefit arising from
the possession
thereof.
255. Bringing into the Cook
Islands things stolen, etc. - (1) Every one is liable to imprisonment for
a term not exceeding three years who, having obtained elsewhere than in the Cook
Islands
any property by any act which, if done in the Cook Island, would have
amounted to a crime involving dishonesty brings that property
into or has it in
the Cook Islands.
(2) It is a defence to a charge under this section to
prove that the doing of the act by which the property was so obtained was not
an
offence under the law of the place where it was
done.
Robbery and
Extortion
256. Robbery -
(1) Robbery is theft accompanied by violence or threats of violence, to any
person or property, used to extort the property stolen
or to prevent or overcome
resistance to its being stolen.
(2) Every one who commits robbery is
liable to imprisonment for a term not exceeding ten
years.
257. Aggravated robbery -
Every one is liable to imprisonment term not exceeding fourteen years
who-
(a) Robs any person, and at the time of or immediately before or immediately after such robbery causes grievous bodily harm to any person; or
(b) Being together with any other person or persons, robs or assaults with intent to rob, any person; or
(c) Being armed with any offesive[sic] weapon or instrument, robs or assaults with intent to rob, any person.
258.
Compelling execution of documents by force - Every one is liable to
imprisonment for a term not exceeding fourteen years who, with intent to
defraud, by violence to or restraint
of the person of another, or by the threat
that either the offender or any other person will employ such violence or
restraint, compels
any person-
(a) To execute, make, accept, endorse, alter, or destroy the whole or any part of any valuable security; or
(b) To write, impress, or affix any name or seal upon or to any paper or parchment in order that it may be afterwards made or converted into or used or dealt with as a valuable security.
259.
Assault with intent to rob - Everyone is liable to imprisonment for a
term not exceeding seven years who assaults any person with intent to rob
him.
260. Extortion by certain
threats - (1) Everyone is liable to imprisonment for a term not exceeding
fourteen years who, with intent to extort or gain anything from
any
person-
(a) Threatens expressly or by implication to make against or about that person or any other person, living or dead, say accusation or disclosure of any offence, or of any sexual misconduct, whether the accusation or disclosure is true or false; or
(b) Threatens expressly or by implication that any person shall make any such accusation against or disclosure about any person, living or dead; or
(c) Threatens to publish, or offers to abstain from publishing, any criminal libel or criminal slander; or
(d) Sends or causes to be sent to any person any document or writing containing any such threat as aforesaid, knowing the contents of that document of writing; or
(e) By any of the means aforesaid compels or attempts to compel any person to execute, make, accept, endorse, alter, or destroy the whole or any part of any valuable security, or to write, impress, or affix any name or seal upon or to any document, in order that it may be afterwards used or dealt with as a valuable security.
(2) For the purposes of
subsection (1) of this section, the expression "intent to extort or gain"
includes an intent to induce any
person to confer upon or procure for any person
any appointment or office of profit or trust or business.
(3) Every one
is liable to imprisonment for a term not exceeding seven years who does any of
the acts mentioned in paragraphs (a)
to (e) of subsection (1) of this section,
with intent to induce any person-
(a) To do any act against his will, other than an act which it is his legal duty to do; or
(b) Not to do any lawful act.
261.
Demanding with intent to steal - Everyone is liable to imprisonment for a
term not exceeding seven years who, with menaces, demands from any person,
either for
himself or for any other person, anything capable of being stolen,
with intent to steal it.
Burglary
262.
Interpretation - (1) For the purposes of this section and of sections 263
to 266 of this Act-
"To break" in relation to any building or ship, means to break any part, internal or external, of the building or ship, or to open by any means whatsoever (including lifting, in the case of things kept in their places by their own weight) any door, window, shutter, cellar-flap, port, hatch, scuttle, or other thing intended to cover openings to the building or ship or to give passage from one part of it to another;
"Building" means any building, erection, or structure of any description, whether permanent or temporary and includes a tent, a caravan, or a houseboat; and also includes any enclosed yard or any closed cave or tunnel.
(2) For the purposes of the said
sections,-
(a) Every one who obtains entrance into any building or ship by any threat or artifice used for that purpose, or by collusion with any person in the building or ship, or who enters any chimney or aperture of the building or ship permanently left open for any necessary purpose, shall be deemed to have broken and entered that building or ship;
(b) An entrance into a building or ship is made as soon as any part of the body of the person making the entrance, or any part of any instrument used by him, is within the building or ship.
263.
Burglary - Every one is guilty of burglary and is liable to imprisonment
for a term not exceeding ten years who-
(a) Breaks and enters any building or ship with intent to commit a crime therein; or
(b) Breaks out of any building or ship either after committing a crime therein or after having entered with intent to commit a crime therein.
264.
Entering with intent - Every one is liable to imprisonment for a term not
exceeding five years who unlawfully enters or is in any building or ship with
intent to commit any crime
therein.
265. Being armed with intent
to break or enter - Every one is liable to imprisonment for a term not
exceeding five years who is found armed with any dangerous or offensive weapon
or instrument whatever, with intent to break or enter any building or ship and
to commit any crime therein.
266. Being
disguised or in possession of instruments for burglary - (1) Every one is
liable to imprisonment for a term not exceeding three years who-
(a) Has in his possession by night any instrument, being an instrument capable of being used for burglary, in circumstances that prima facie show an intention to use it for burglary; or
(b) Has in his possession by day any such instrument as aforesaid with intent to commit any crime; or
(c) Has his face masked or blackened or is otherwise disguised by night, without lawful excuse (the proof whereof shall lie on him); or
(d) Has his face masked or blackened or is otherwise disguised by day, with intent to commit any crime.
(2) It is a
defence to a charge under paragraph (a) of subsection (1) of this section if the
person charged proves that he had lawful
excuse for having the instrument in his
possession.
267. Being found on
property without lawful excuse but under circumstances disclosing criminal
intent - Every one commits its an offence and is liable to imprisonment
for a term not exceeding three months or to a fine not exceeding
forty dollars
who without lawful excuse (the proof of which excuse shall be on him), but in
circumstances that do not disclose the
commission of or an intention to commit
any other offence, is found at any time in or on any building or in any enclosed
yard, garden
or area, or in or on board any ship, launch, dredge, yacht, boat,
or other vessel.
False Pretences
268. Definition of false
pretence - (1) In this section,-
"False representation" means -
(a) A representation known to the person making it to be false; or
(b) A representation in the form of a promise which the promissor intends not to perform;
"Representation" means a representation-
(a) Of a matter of fact, either present or past; or
(b) About a future event; or
(c) About an existing intention, opinion, belief, knowledge, or other state of mind.
(2) A false pretence is a
false representation, either by words or otherwise, made with a fraudulent
intent to induce the person to
whom it is made to act upon it.
(3) Where
the representation is in the form of a promise, the existence of an intention
not to perform the promise shall not be inferred
from the fact alone that the
promise is not performed.
(4) Exaggerated commendation or depreciation of
the quality of anything is not a false pretence unless it is carried to such an
extent
an to amount to a fraudulent misrepresentation of fact.
(5) It is
a question of fact whether such commendation or depreciation as aforesaid does
or does not amount to a fraudulent misrepresentation
of
fact.
269. Obtaining by false
pretence - (1) Every one is liable to imprisonment for a term not
exceeding seven years who, with intent to defraud or cause loss to any person
by
any false pretence, causes or induces any person to execute, make, accept,
endorse, or destroy the whole or any part of any valuable
security, or to write,
impress, or affix any name or seal on any document in order that it may
afterwards be made or converted into
or used or dealt with as a valuable
security.
(2) Every one who, with intent to defraud by any false
pretence, either directly or through the medium of say contract obtained by
the
false pretence, obtains possession of or title to anything capable of being
stolen or procures anything capable of being stolen
to be delivered to any
person other than himself, is liable-
(a) To imprisonment for a term not exceeding five years if the value of the thing so obtained or procured exceeds the sum of forty dollars;
(b) To imprisonment for a term not exceeding one year if the value of the thing so obtained or procured exceeds the sum of ten dollars and does not exceed the sum of forty dollars;
(c) To imprisonment for a term not exceeding three months if the value of the thing so obtained or procured does not exceed the sum of ten dollars.
[Amended Act 1973/5]
270.
Obtaining credits fraudulently - Every one is liable to imprisonment for
a term not exceeding one year who, in incurring any debt or liability, obtains
credit by
means of any false pretence or by means of any other fraud.
Personation
271. Personation
- Every one is liable to imprisonment for a term not exceeding seven
years who personates or represents himself or herself to be any
person, living
or dead, or the husband, wife, widower, widow, executor, administrator, or any
relative of any such person, with intent
to fraudulently obtain, for himself or
any other person, possession, of or title to any property or any qualification,
certificate,
diploma, licence, or
benefit.
272. Acknowledging instrument
in false name - Every one is liable to imprisonment for a term not
exceeding seven years who, without lawful authority or excuse (the proof whereof
shall lie on him), acknowledges in the name of any other person before any
Court, Judge, or other person lawfully authorised in that
behalf, any
recognizance or bond, or any confession of judgment, consent to judgment, or
judgment, or any deed or other
instrument.
Fraud
273.
False statement by promoter, etc. - Every one is liable to imprisonment
for a term not exceeding ten years who, being a promoter, director, manager, or
officer of
any company or body corporate either existing or intended to be
formed, makes, circulates, or publishes, or concurs in making, circulating,
or
publishing, any prospectus, statement, or account which he knows to be false in
any material particular,-
(a) With intent to induce persons, whether ascertained or not, to become shareholders or members; or
(b) With intent to deceive or defraud the members, shareholders, or creditors of the company or body corporate, or any of them, whether ascertained or not; or
(c) With intent to induce any person or persons, whether ascertained or not, to entrust or advance any property to the company or body corporate, or to enter into any security for its benefit.
274.
Falsifying accounts relating to public funds - Every one is liable to
imprisonment for a term not exceeding ten years who, with intent to
defraud,-
(a) Makes any false entry or any alteration in any accounts kept by any Government Department or by any Island Council or public body, or by any bank, being accounts of any public money, or of any other public fund, or being accounts of the owners of any stock, debentures, or other interest in the, debt of any Island Council or public body; or
(b) In any manner wilfully falsifies any such accounts as aforesaid; or
(c) Makes any transfer of any interest in any stock, debentures, or debt, in the name of any person other than the owner of that interest.
275.
False accounting by officer or member of body corporate - Every one is
liable to imprisonment for a term not exceeding seven years who, being a
director or an officer or a member of any
company or body corporate, with intent
to defraud,-
(a) Destroys, mutilates, alters, or falsifies any book, account, valuable security, or document belonging to the company or body corporate, or concurs in so doing; or
(b) Makes or concurs in making any false entry in, or omits or alters, or concurs in omitting or altering, any material particular from or in any such book, account, valuable security, or document.
276.
False accounting by employee - Every one is liable to imprisonment for a
term not exceeding seven years who, being or acting in the capacity of an
officer or
a clerk or servant, with intent to defraud,-
(a) Destroys, mutilates, alters, or falsifies any book, account, valuable security, or document belonging to or in the possession of his employer, or received by him for or on behalf of his employer, or concurs in so doing; or
(b) With intent to deceive or defraud the members, shareholders, or creditors of the company or body corporate, or any of them, whether ascertained or not; or
(c) With intent to induce any person or persons, whether ascertained or not, to entrust or advance any property to the company or body corporate, or to enter into any security for its benefit.
277.
False statement by public officer - Every one is liable to imprisonment
for a term Not exceeding two years who, being an officer, collector, or receiver
entrusted
with the receipt, custody, or management of any public money, or any
part of the revenues of any Island Council or public body, knowingly
furnishes
any false statement or return of any sum of money collected by him, or entrusted
to his care, or of any balance of money
in his hands or under his
control.
278. Issuing false dividend
warrants - Every one is liable to imprisonment for a term not exceeding
seven years who, being in the employment of the Crown or of any Island
Council
or public body, or of any bank, or of any company or body corporate, with intent
to defraud makes out or delivers any dividend
warrant, or any warrant for the
payment of any interest or money, for an amount, greater or less than that to
which the person on
whose account the warrant is made out is
entitled.
279. Concealing deeds and
encumbrances - -Every one is liable to imprisonment for a term not
exceeding five years who, being a seller or mortgagor of any property, or being
the solicitor or agent of any such seller or mortgagor, in order to induce the
purchaser or mortgagee to accept the title offered
or produced to him, and with
intent to defraud, conceals from the purchaser or mortgagee any instrument
material to the title, or
any encumbrance, or falsifies any document or other
evidence on which the title depends or may
depend.
280. Cons conspiracy to
defraud - Every one is liable to imprisonment or a term not exceeding
five years who conspires with any other person by deceit or falsehood
or other
fraudulent means to defraud the public, or any person ascertained or
unascertained, or to affect the public market price
of stocks, funds, and,
Merchandise, or anything else publicly sold, whether the deceit or falsehood or
other fraudulent means would
or would not amount to a false pretence as
hereinbefore defined.
Receiving
281.
Receiving property dishonestly obtained
- (1) Every one who receives anything obtained by any crime, or by any act
wherever committed which, if committed in the Cook Islands,
would constitute a
crime, knowing that thing to have been dishonestly obtained, is liable-
(a) To imprisonment for a term not exceeding five years if the value of the thing so received exceeds the sum of forty dollars;
(b) To imprisonment for a term not exceeding one year if the value of the thing so received exceeds the sum of ten dollars and does not exceed the sum of forty dollars;
(c) To imprisonment for a term not exceeding three months if the value of the thing so received does not exceed the sum of ten dollars.
(2) Except as provided in subsection
(3) of this section, where any one is being proceeded against for an offence
against this section,
the following matters may be given in evidence to prove
guilty knowledge, that is to say,-
(a) The fact that other property obtained by means of any such crime or act as aforesaid was in the possession of the accused within the period of twelve months before the date on which he was first charged with the offence for which he is being tried;
(b) The fact that, within the period of five years before the date on which he was first charged with the offence for which he is being tried, he was convicted of the crime of receiving:
Provided that the
last-mentioned fact may not be proved unless there has been given to the
accused, either before or after an information
has been laid seven days notice
in writing of the intention to prove the previous conviction, nor until evidence
has been given that
the property in respect of which the accused is being tried
was in his possession.
(3) Nothing in subsection (2) of this section
shall apply in any case where the accused is at the same time being tried on a
charge
of any offence other than
receiving.
282. Receiving property of
husband or wife - Every one commits the crime of receiving within the
meaning of section 281 of this Act. who, while a husband and wife are living
together, receives from either of them anything the property of the other
obtained from that other in a manner that would amount
to a crime it they were
not married, knowing it to have been dishonestly obtained; and the provisions of
that section shall apply
accordingly.
283. When receiving is
complete - The act of receiving anything unlawfully obtained is complete
as soon as the offender has, either exclusively or jointly with the
thief or any
other person, possession of or control over the thing, or aids in concealing or
disposing of it.
284. Receiving after
restoration to owner - When the thing unlawfully obtained has been
restored to the owner, or when a legal title to the thing so obtained has been
acquired
by any person, a subsequent receiving of it is not an offence, although
the receiver may know that the thing had previously been
dishonestly
obtained.
285. Taking reward for
recovery of stolen goods - Every one is liable to imprisonment for a term
not exceeding three years who corruptly takes or bargains for any reward,
directly
or indirectly, in consideration that he will help any person to recover
anything obtained by any crime, unless he has used all due
diligence to cause
the offender to be brought to trial for the crime.
Forgery
286.
Interpretation - (1) For the purposes of this section and or sections 287
to 302 of this Act,-
"Bank note" means any negotiable instrument used or intended for use as currency and issued by the Reserve Bank of New Zealand, or by any bank in any country other than New Zealand, or by the Government of any such country, or by any other authority authorised by law to issue notes;
"Document" means any paper, parchment, or other material used for writing or printing, marked with matter capable of being read; but does not include any trade mark on any goods, or any inscription on stone or metal or other like material;
"False document" means a document-
(a) Of which the whole or any material part purports to be made by any person who did not make it or authorise its making; or
(b) Of which the whole or any material part purports to be made on behalf of any person who did not authorise its making; or
(c) In which, though it purports to be made by the person who did in fact make it or authorizes its making, or purports to be made on behalf of It the person who did in fact authorise its making, the time or place of its making, where either is material, or any number or distinguishing mark identifying the document, where either in material, is falsely stated; or
(d) Of which the whole or some material part purports to be made by a fictitious or deceased person, or purports to be made on behalf of any such person; or
(e) Which is made in the name of an existing person, either by him or by his authority, with the intention that it should pass as being made by some person, real or fictitious, other than the person who makes or authorises it;
"Revenue paper" means any paper provided by the proper authority in the Cook Islands or in any other country for the purpose of being used for stamps, licences, permits, post office money orders, postal notes, or postal orders, or for any purpose whatsoever connected with the public revenue of the Cook Islands or of any other country.
(2) For the purposes
aforesaid -
(a) It is immaterial in what language a document is expressed or in what. country or place it is expressed to have affect;
(b) A crossing on any cheque, draft on a banker, post office money order, postal note, postal order, coupon, or other document of which the crossing is authorised or recognised by law shall be deemed to be a material part of it.
287
Forgery - (1) Forgery is making a false document, knowing it to be false,
with the intent that it shall in any way be used or acted upon
as genuine,
whether within the Cook Islands or not, or that some person shall be induced by
the belief that it is genuine to do or
refrain from doing anything, whether
within the Cook Islands or not.
(2) For the purposes of this section, the
expression "making a false document" includes making any material alteration in
a genuine
document, whether by addition, insertion, obliteration, erasure,
removal, or otherwise.
(3) Forgery is complete as soon as the document is
made with such knowledge and intent as aforesaid, although the offender may not
have intended that any particular person should use or act upon it as genuine,
or should be induced by the belief that it is genuine
to do or refrain from
doing anything.
(4) Forgery is complete although the false document may
be incomplete, or may not purport to be such a document as would be binding
or
sufficient in law, if it is so made and is such as to indicate that it was
intended to be acted on as
genuine.
288. Punishment of
forgery - Every one who commits forgery is liable to imprisonment for a
term not exceeding ten years.
289.
Uttering forged documents - (1) Every one is liable to imprisonment a
term not exceeding ten years who, knowing a document to be forged,-
(a) Uses, deals with, or acts upon it as if it were genuine; or
(b) Causes any person to use, deal with, or act upon it as if it were genuine.
(2) For the purposes of this section,
a document made or altered outside the Cook Islands in a manner that would have
amounted to
forgery if the making or alteration had been done in the Cook
Islands shall be deemed to be a forged
document.
290. Counterfeiting public
seals - Every one is liable to imprisonment for a term not exceeding ten
years who-
(a) Unlawfully makes or counterfeits any public seal in use at any time in the Cook Islands or any other country, or any seal or stamp used in the Cook Islands or any other country by any Court, Island Council public body, or public officer, or the impression of any such seal; or
(b) Uses any such seal, stamp, or impression, knowing it to be counterfeit.
291.
Counterfeiting corporate seals - Every one is liable to imprisonment for
a term not exceeding five years who -
(a) Unlawfully makes or counterfeits any seal or stamp used in the Cook Islands or any other country by any company or any body corporate to which section 290 of this Act does not apply, or by any other person whomsoever, or the impression of any such seal or stamp; or
(b) Uses any such seal, stamp, or impression, knowing it to be counterfeit.
292.
Sending false telegram - Every one is liable to imprisonment for a term
not exceeding five years who, with intent to defraud, causes or procures any
telegram
to be sent or delivered as being sent by the authority of any other
person,-
(a) Knowing that it is not sent by that person's authority; and
(b) With intent that it should be acted upon as being so sent.
293.
Procuring execution of document by fraud - Every one is liable to
imprisonment for a term not exceeding ten years who procures the execution of
any document by any person
by falsely and fraudulently pretending that the
contents thereof are different from what they really
are.
294. Possessing forged bank
notes - Every one is liable imprisonment for a term not exceeding seven
years who, without lawful authority or excuse (the proof whereof
shall lie on
him), purchases or receives from any person, or has in his custody or
possessions, any forged bank note, whether complete
or not, knowing it to be
forged.
295. Drawing document without
authority - Every one is liable to imprisonment for a term not exceeding
ten years who, without colour of lawful authority, makes or executes,
draws,
signs, accepts, or endorses in the name or on the account of another person, by
procuration or otherwise, any document, or
makes use of or utters any such
document knowing it to be so made, executed, drawn, signed, accepted, or
endorsed.
296. Using probate obtained
by forgery or perjury - (1) Every one is liable to imprisonment for a
term not exceeding ten years who demands, receives, or obtains, or causes or
procures
to be delivered or paid to any person, anything whatever under, upon,
or by virtue of any probate or letters of administration, knowing
the will,
codicil, or testamentary writing on which the probate or letters of
administration were obtained to be forged, or knowing
the probate or letters of
administration to have been obtained by any false oath, affirmation, or
affidavit.
(2) For the purposes of this section, the expression "probate
or letters of administration" has the same meaning as in Part II of
the
Administration Act 1952.
297. Paper or
implements for forgery - Every one is liable to imprisonment term not
exceeding ten years who, without lawful authority or excuse, the proof whereof
shall
lie on him,-
(a) Makes, uses, or knowingly has in his custody or possession, any paper intended to resemble and pass as revenue paper, or as special paper such as is provided and used for making any bank notes; or
(b) Makes, uses, or knowingly has in his custody or possession, any frame, mould, or instrument for making any such paper, or for producing in or on any such paper any words, figures, letters, marks, lines, or devices peculiar to and used in or on any such paper; or
(c) Engraves or in any way makes upon any plate, wood, stone, or other material any words, figures, letters, marks, lines or devices, the print whereof resembles in whole or in part any words, figures, letters, marks, lines, or devices peculiar to and used in or on any bank note, or in or on any document entitling or evidencing the title of any person to any share or interest in any public stock, annuity, funds or debt of the Cook Islands or any other country, or in any stock, annuity, fund, or debt of any Island Council or public body, or of any company or any body corporate, whether in the Cook Islands or not; or
(d) Uses or knowingly has in his custody or possession any plate, wood, stone, or other material upon which any such words, figures, letters, marks, lines, or devices have been engraved or in any way made as aforesaid; or
(e) Uses or knowingly has in. his custody or possession any paper upon which any such words, figures, letters, marks, lines, or devices have been printed or in any way made as aforesaid.
298.
Counterfeiting, stamps - Every one is liable to imprisonment for a term
not exceeding seven years who-
(a) Counterfeits any stamp, whether impresses or adhesive used at anytime for the of postage or revenue by the Government of the Cook Islands or of any other country;
(b) Knowingly sells or exposes for sale or utters or uses any such counterfeit stamp;
(c) Without lawful excuse (the proof whereof shall lie on him) makes or knowingly has in his possession any die or instrument capable of making the impression of any such stamp as aforesaid;
(d) Fraudulently cuts, tears, or in any way removes from any material any such stamp with intent that any use should be made of the stamp or of any part thereof;
(e) Fraudulently mutilates any such stamp with intent that any use should be made of any part of any such stamp;
(f) Fraudulently fixes or places upon any material, or upon any such stamp as aforesaid, any stamp or part of a stamp which, whether fraudulently or not, has been cut, torn, or in any way removed from any other stamp;
(g) Fraudulently erases or otherwise removes, whether really or apparently, from any stamped material any name, sum, date, or other matter or thing whatsoever written on it, with the intent that any use should be made of the stamp upon such material;
(h) Knowingly and without lawful excuse (the proof whereof shall lie on him) has in his possession any stamp or part of a stamp which has been fraudulently cut, torn, or otherwise removed from any material, or any stamp which has been fraudulently mutilated, or any stamped material out of which any name, sum, date, or other matter or thing has been fraudulently erased or otherwise removed whether wholly or partially.
299.
Falsifying registers - Every one is liable to imprisonment for a term not
exceeding ten years who unlawfully -
(a) Destroys, defaces, or damages any register of births, baptisms, marriages, deaths, burials, or cremations, or any copy of any such register, or of any part thereof, required by law to be transmitted to the Registrar of the High Court or any other officer; or
(b) Inserts in any such register, or in any such copy as aforesaid, any entry, known by him to be false, of any matter relating to any birth, baptism, marriage, death, burial, or cremation.
300.
Falsifying extracts from registers - Every one is liable to imprisonment
for a term not exceeding seven years who-
(a) Certifies say writing to be a true copy of any entry in any such register as is mentioned in section 299 of this Act, or to be an extract from any such register, knowing the writing to be false; or
(b) Knowingly utters any such certificate; or
(c) Unlawfully and for any fraudulent purpose takes any such register or any certificate relating thereto from its place of deposit or conceals it; or
(d) Being a person having the custody of any such register or certificate, permits it to be so taken or concealed as aforesaid.
301.
Uttering false certificates - Every one is liable to imprisonment for a
term not exceeding seven years who,-
(a) Being by law required to certify that any entry has been made in any such resistance as is mentioned in section 299 of this Act, makes such certificate knowing that the entry has not been made;
(b) Being by law required to make any statement, or a certificate or declaration, concerning any particular required for the purpose of making entries in any such registers knowingly makes such statement falsely, or makes any such certificate or declaration knowing the same to contain a falsehood;
(c) Being an officer having custody of the records of any Court, or being the deputy of any such officer, wilfully utters a false copy or certificate of any record;
(d) Being an officer required or authorised by law to make or issue a certified copy of any document, or a certified extract from any document, wilfully certifies as a true copy of any document or as a true extract from any document any writing which he knows to be untrue in any material particular.
302.
Forging certificates - Every one is liable to imprisonment for a term not
exceeding seven years who,-
(a) Not being an officer, or deputy of an officer, having custody of the records of any Court, fraudulently signs or certifies any copy or certificate of any record, or any copy of any certificate, as if he were such an officer or deputy;
(b) Not being an officer required or authorised by law to make or issue a certified copy of any document, or a certified extract from any document, fraudulently signs or certifies any copy of any document, or any extract from any document, as if he were such an officer.
303
Imitating authorised marks - Every one is liable to imprisonment for term
not exceeding five years who, with intent to defraud or deceive counterfeits or
imitates
any mark, word, or description which under law is impressed upon or
otherwise made or written upon or affixed to any chattel, or
upon or to anything
containing or connected with any chattel, for the purpose of denoting the
quality of that chattel or the fact
that it has been tested or examined and
approved by or under the authority of any Island Council or public body, or by
any public
officer.
304. Imitating
customary marks - Every one is liable to imprisonment for a term not
exceeding five years who, with intent to defraud or deceive, counterfeits or
imitates any mark, word or description impressed or otherwise made or written
upon or affixed to any chattel, or upon or to anything
containing or connected
with any chattel, which mark, word, or description is by recognised practice
understood to denote that the
thing upon or to which it is impressed, made,
written, or affixed has been examined and certified to be of a particular
quality by
any particular officer or person, whether that officer or person is
or is not authorised by law so to certify.
Coinage
305.
Interpretation - (1) For the purposes of this section and of section 306
to 315 of this Act,-
"Counterfeit coin" includes any coin which has been gilt, silvered, washed, coloured, or cased over, or in any manner altered, so as to resemble any current coin of a higher denomination;
"Current coin" means coin of any substance whatsoever lawfully current in the Cook Islands or in any other country.
(2) For
the purposes aforesaid,-
(a) A thing shall be deemed to be in the possession of any person if he has it in his personal custody or possession, or if he knowingly and wilfully has it in the actual custody or possession of any other person, or in some place (whether occupied by himself or not), for the use or benefit of himself or of any other person;
(b) A coin apparently intended to resemble or pass for any current coin shall be deemed to resemble that current coin.
306.
Preparations for coining - (1) Every one is liable to imprisonment for a
term not exceeding ten years who, without lawful justification or excuse (the
proof
whereof shall lie on him), knowingly makes or mends, or begins or proceeds
to make or mend, or buys or sells or has in his possession,
any puncheon,
counter-puncheon, matrix, stamp, die, pattern, or mould in or upon which there
is made or impressed, or which will
make or impress, or which is adapted and
intended to make or impress, the figure, stamp, or apparent resemblance of both
or either
of the sides of any current coin, or any part of both or either of
those sides.
(2) Every one is liable to imprisonment for a term not
exceeding ten years who, without lawful justification or excuse (the proof
whereof shall lie on him), makes or mends, or begins or proceeds to make or
mend, or buys or sells, or has in his possession-
(a) Any edger, edging or other tool, collar, instrument, or engine adapted and intended for the marking of coin round the edges with letters, grainings, or other marks or figures apparently resembling those on the edges of any current coin, knowing it to be so adapted and intended as aforesaid; or
(b) Any press for coinage, or any cutting engine for cutting, by force of a screw or of any other contrivance, round blanks out of any metal or other substance, or any other machine, knowing the press to be a press for coinage or knowing the engine or machine to have been used or to be intended to be used for the false making or counterfeiting of any current coin.
307.
Counterfeiting coin - (1) Every one is liable to imprisonment for a term
not exceeding ten years who falsely makes or counterfeits any coin resembling
any current coin.
(2) This offence shall be deemed to be complete
although the coin made or counterfeited is not in a fit state to be uttered or
the
making or counterfeiting thereof has not been finished or
perfected.
308. Altering coin -
(1) Every one is liable to imprisonment for a term not exceeding ten years who
gilds or silvers, or with any wash or materials capable
of producing the colour
or appearance of gold or silver or by any means whatsoever washes, cases over,
or colours,-
(a) Any coin whatsoever resembling any current coin; or
(b) Any current coin, with intent to make it resemble or pass for any other current coin; or
(c) Any substance, being of a fit nature, size, and figure to be coined, with intent that it shall be coined into a counterfeit coin resembling any current coin.
(2) Every one is liable to imprisonment
for a term not exceeding ten years who files or in any manner alters any current
coin with
intent to make it resemble or pass for any other current
coin.
309. Impairing coin - (1)
Every one is liable to imprisonment for a term not exceeding seven years who
impairs, diminishes, or lightens any current coin
with intent that the coin so
impaired, diminished, or lightened may pass for a current coin.
(2).Every
person is liable to imprisonment for a term not exceeding five years who
unlawfully has in his possession any filing or
clipping, or any gold or silver
bullion, or any metal or other substance in dust, solution, or otherwise, which
has been produced
or obtained by impairing, diminishing, or lightening any
current coin, knowing that it has been so produced or
obtained.
310. Defacing coin -
Every one is liable to imprisonment for a term not exceeding one year
who-
(a) Defaces any current coin by stamping thereon any names, words, or figures, whether the coin is or is not thereby diminished or lightened; or
(b) Utters any current coin, knowing it to have been so defaced.
311.
Melting coin - (1) Every one is liable to imprisonment for a term not
exceeding one year who, without the consent of the Minister of Finance (the
proof whereof shall lie on the person charged), melts down, breaks up, or uses
otherwise than as currency any current coin.
(2) Notwithstanding any
thing in subsection (1) of this section, where any person suspects that any coin
tendered to him as current
coin has been diminished otherwise than by reasonable
wear, or that it is counterfeit, it shall be lawful for him to break the coin.
If the coin, when so broken, appears to have been diminished otherwise than by
reasonable wear, or to be counterfeit, the person
tendering it shall bear the
loss; but if it is of due weight and appears to be current coin, the person
breaking it shall receive
it at the rate it was coined for. In this subsection,
references to breaking include references to cutting, bending, and
defacing.
312. Possessing counterfeit
coin - Every one is liable to imprisonment for a term not exceeding one
year who has in his possession any counterfeit coin resembling
any current coin,
knowing it to be counterfeit, with intent to utter
it.
313. Uttering counterfeit
coin - Every one is liable to imprisonment for a term not exceeding three
years who-
(a) Utters any counterfeit coin resembling any current coin, knowing it to be counterfeit; or
(b) With intent to defraud, utters as current coin any coin which is not current coin, or any medal or piece of metal or other substance.
314.
Buying and selling counterfeit coin - (1) Every one is liable to
imprisonment for a term not exceeding seven years who, without lawful
justification or excuse (the proof
whereof shall lie on him), buys, sells,
receives, pays, or puts off, or offers to buy, sell, receive, pay, or put off,
any counterfeit
coin resembling any current coin at or for a lower rate or value
than the counterfeit coin imports, or apparently is intended to
import.
(2) An offence against this section shall be deemed to be
complete although the coin bought, sold, received, paid, or put off, or
offered
to be bought, sold, received, paid, or put off is not in a fit state to be
uttered, or the counterfeiting thereof has not
been finished or
perfected.
315. Importing and exporting
counterfeit coin - Every one is liable to imprisonment for a term not
exceeding seven years who, without lawful justification, or excuse (the proof
whereof shall lie on him),-
(a) Imports or receives into the Cook Islands any counterfeit coin resembling any current coin, knowing it to be counterfeit; or
(b) Exports from the Cook Islands, or puts on board any ship or aircraft for the purpose of being so exported, any counterfeit coin resembling any current coin, knowing it to be counterfeit.
Criminal Damage
316. What constitutes
criminal damage - (1) For the purposes of sections 317 to 328 of this
Act, every one who causes any event by an act which he knew would probably
cause
it, being reckless whether that event happens or not, shall be deemed to have
caused it wilfully.
(2) Nothing shall be an offence against any of the
provisions of those sections unless it is done without lawful justification or
excuse, and without colour of right.
(3) Where the act done results in
the destruction of or any damage to anything in which the person charged has an
interest, whether
total or partial, the existence of that interest shall not
prevent his act being a crime if it is done with intent to defraud or
to cause
loss to any other person. For the purposes of this subsection, where any
property is subject to any mortgage or charge,
each of the parties to the
mortgage or charge shall be deemed to have a partial interest in that
property.
317. Arson - Every one
commits arson and is liable to imprisonment for a term not exceeding fourteen
years who wilfully sets fire to, or damages
by means of any explosive,-
(a) Any building, erection, or structure or any ship or aircraft, or any well of any combustible substance, or any mine, or any bush, forest, or plantation; or
(b) Any property, whether he has an interest in it or not, if he knows or ought to know that danger to life is likely to ensue.
318.
Attempted arson - Every one is liable to imprisonment for a term not
exceeding ten years who attempts to commit arson, or who wilfully sets fire
to,
or damages by means or any explosive, any property, whether he has an interest
in it or not knowing that any property mentioned
in paragraph (a) of section 317
of this Act is likely to catch fire or be damaged in consequence
thereof.
319. Damage to other property
by fire or explosive - Every one is liable to imprisonment for a term not
exceeding seven years who wilfully sets fire to, or damages by means of any
explosive, any property other than that mentioned in paragraph (a) of section
317 of this Act.
320. Attempt to damage
property by fire or explosive- Every one is liable to imprisonment for a
term not exceeding five years who attempts to commit any offence specified in
section
319 of this Act, or who wilfully sets fire to or damages by means of any
explosive his own property, knowing that any property other
than that mentioned
in paragraph (a) of section 317 of this Act is likely to catch fire or be
damaged in consequence thereof.
321.
Wilful damage - (1) Every one is liable to imprisonment for a term not
exceeding fourteen years who wilfully destroys or damages-
(a) Any property, whether he has an interest in it or not, if he knows or ought to know that danger to life is likely to ensue; or
(b) Any road, railway, bridge, tunnel, or similar means of communication, or any aerodrome, wharf, quay, or jetty, if he knows or ought to know that it is thereby likely to be rendered dangerous, impassable, or unusuable[sic];
(c) Any power station or gas works, or any building, erection, or structure, or any equipment, line, cable, or pipe, used for or in connection with the production, transmission, or distribution of electricity or gas, if he knows or ought to know that the supply of electricity or gas is thereby likely to be affected.
(2) Every one is liable to
imprisonment for a term not exceeding seven years who wilfully destroys or
damages-
(a) Any stopbank, wall, dam, or sluice gate, or any pumping station or pumping equipment, or any other works, if the destruction or damage causes actual danger of flooding; or
(b) Any container, building, erection, or structure used for the storage of bulk supplies of gas or liquid fuel.
(3) Every one
is liable to imprisonment for a term not exceeding seven years who wilfully
destroys or damages any rare or irreplaceable
book, manuscript, original
painting, etching, engraving, print, or other work of art, or any rare or
irreplaceable article kept for
purposes of art or science.
(4) Everyone
who wilfully destroys or damages any property in any case not provided. for
elsewhere in this Act, shall be liable to-
(a) Imprisonment for a term not exceeding one year where the value of the property destroyed or damage done, does not exceed fifty dollars;
(b)Imprisonment for a term not exceeding three years where the value of the property destroyed or damage done, exceeds fifty dollars.
[Amended Act 1972/4]
322.
Wilful waste or diversion of water, gas, or electricity - Every one
imprisonment for a term not exceeding five years who, wilfully and with intent
to cause loss or harm to any other person,
wastes or diverts, or causes to be
wasted or diverted, any water, gas, or electricity, not being water, gas, or
electricity that
he has, or honestly believes he has, a legal right to
use.
323. Interfering with means of
transport - (1) Every one is liable to imprisonment for a term not
exceeding seven years who, with intent to cause danger to property,-
(a) Removes anything from or places anything on, in, over, or under any place, or any area of water, that is used for or in connection with the carriage of persons or of goods by land, water, or air; or
(b) Does anything to any property that is used for or in connection with the carriage of persons or of goods by land, water, or air; or
(c) Shoots or throws anything at, into, or upon any vehicle, ship, or aircraft; or
(d) Causes anything to come in contact with any vehicle, ship, or aircraft; or
(e) Does any other unlawful act, or wilfully omits to do any act which it is his duty to do, in respect of any such place, area of water, or property as aforesaid, or in respect of any vehicle, ship, or aircraft.
(2) Every one is liable to
imprisonment for a term not exceeding five years who, intentionally and in a
manner likely to cause danger
to property, does any of the acts referred to in
subsection (1) of this section.
324.
Wrecking - Every one is liable to imprisonment for a term not exceeding
fourteen years who-
(a) Casts away or destroys any ship or aircraft, whether complete or unfinished; or
(b) Does any act tending to the immediate loss or destruction of any ship or aircraft in distress, whether or not he has an interest in the ship or aircraft; or
(c) Interferes with any marine or aeronautical mark, light, signal, or equipment used for the guidance or control of ships or aircraft, or exhibits or transmits any false mark, light, or signal, with intent to bring any ship or aircraft into danger, whether or not he has an interest in the ship or aircraft.
325.
Attempting to wreck - Every one is liable to imprisonment for a term not
exceeding ten years who attempts to cast away or destroy any ship or aircraft,
whether complete or unfinished.
326.
Interfering with signals, etc. - Every one is liable to imprisonment for
a term not exceeding seven years who destroys, damages, alters, removes, or
conceals,
or attempts to destroy, damage, alter, remove, or conceal, any mark,
light, signal, or equipment used for the guidance or control
of ships or
aircraft.
327. Interfering with
mines - Every one is liable to imprisonment for a term not exceeding
seven years who, with intent to damage a mine or obstruct the working
thereof,-
(a)Causes water to run into the mine or any subterranean channel communicating therewith; or
(b) Damages any shaft or any passage of the mine; or
(c) Damages, with intent to render useless, any apparatus, building, bridge, or road belonging to the mine, whether the object damaged is complete or not; or
(d) Hinders the working of any such apparatus;
(e) Damages or unfastens, with intent to render useless, any rope, chain, or tackle used in any mine, or upon any way or work connected therewith.
328.
Providing explosive to commit crime - Every one is liable to imprisonment
for a term not exceeding two years who knowingly has in his possession or makes
any explosive
substance, or any dangerous engine, instrument, or thing, with
intent thereby to commit, or for the purpose of enabling any other
person to
commit, a
crime.
328A.
[Repealed]
[Repealed Act
1989/33]
PART XI
THREATENING, CONSPIRING, AND ATTEMPTING
TO COMMIT OFFENCES
329.
Threatening to kill or do grievous bodily harm - Every one is liable to
imprisonment for a term not exceeding seven years who -
(a) Threatens to kill or do grievous bodily harm to any person; or
(b) Sends or causes to be received, knowing the contents thereof, any letter or writing containing any threat to kill or do grievous bodily harm to any person.
330.
Threatening to destroy property - (1) Everyone is liable to imprisonment
for a term not exceeding three years who sends or causes to be received, knowing
the contents
thereof, any letter or writing threatening to destroy or damage any
property, or to destroy or injure any animal.
(2) Nothing shall be an
offence against subsection (1) of this section unless it is done without lawful
justification or excuse, and
without colour of
right.
331. Threatening acts -
Every one is liable to imprisonment for a term not exceeding three years who,
with intent to intimidate or annoy any person, -
(a) Breaks or damages or threatens to break or damage any dwellinghouse; or
(b) By the discharge of firearms or otherwise, alarms or attempts to alarm any person in any dwellinghouse.
332.
Conspiring to prevent collection of rates or taxes - Everyone is liable
to imprisonment for a term not exceeding two years who conspires with any person
by force or intimidation to
prevent the collection of any rates or taxes the
levying and collection of which is authorised by
law.
333. Conspiring to commit offence
- (1) Subject to the provisions of subsection (2) of this section, every
one who conspires with any person to commit any offence,
or to do or omit, in
any part of the world, anything of which the doing or omission in the Cook
Islands would be an offence, is liable
to imprisonment for a term not exceeding
seven years if the maximum punishment for that offence exceeds seven years'
imprisonment,
and in any other case is liable to the same punishment as if he
had committed that offence.
(2) This section shall not apply where a
punishment for the conspiracy is otherwise expressly prescribed by this Act or
by some other
enactment.
(3) Where under this section any one is charged
with conspiring to do or omit anything anywhere outside the Cook Islands it is a
defence
to prove that the doing or omission of the act to which the conspiracy
relates was not an offence under the law of the place where
it was, or was to
be, done or omitted.
334. Attempt to
commit or procure commission of offence - (1) Every one who attempts to
commit any offence in respect of which no punishment for the attempt is
expressly prescribed by this
Act or by some other enactment is liable to
imprisonment for a term not exceeding ten years if the maximum punishment for
that offence
is imprisonment for life, and in any other case is liable to not
more than half the maximum punishment to which he would have been
liable if he
had committed that offence.
(2) Every one who incites, counsels, or
attempts to procure any person to commit any offence, when that offence is not
in fact committed,
is liable to the same punishment as if he had attempted to
commit that offence, unless in respect of any such case a punishment is
otherwise expressly provided by this Act or by some other
enactment.
335. Accessory after the
fact to crime - Every one who is accessory after the fact to any crime
punishable by imprisonment, being a crime in respect of which no express
provision is made by this Act or by some other enactment for the punishment of
an accessory after the fact, is liable to imprisonment
for a term not exceeding
seven years if the maximum punishment for that crime is imprisonment for life,
and not exceeding five years
if such maximum punishment is imprisonment for ten
or more years; and in any other case is liable to not more than half the maximum
punishment to which he would have been liable if he had committed the
crime.
PART XII
PROCEDURE
336.-411.
[Repealed]
[Repealed Act
1980-81/28.]
[Amendment of Act
1991/7 ineffective]
PART
XIII
MISCELLANEOUS
PROVISIONS
412.-413. [Repealed]
[Repealed Act
1980-81/28]
414. Costs - (1)
Where any person is convicted by the Court of any offence, the Court may order
the offender to pay such sum as it thinks just
and reasonable towards the costs
of the prosecution.
(2) Where on the arrest of the offender any money was
taken from him the Court may in its discretion order the whole or any part of
the money to be applied to any such payment.
(3) Where any person is
acquitted by the Court of any offence, the Court may order the prosecutor to pay
to that person such sum as
it thinks just and reasonable towards the costs of
his defence.
(4) Any order for payment, under this section, upon being
filed in the Court, shall have the effect of a
judgment.
415. Compensation for loss of
property - (1) On the conviction of any person for any offence the Court
may order the offender to pay to any person such sum as it thinks
fit by way of
compensation for any loss of or damage to property suffered by that person
through or by means of the offence.
(2) Where on the arrest of the
offender any money was taken from him the Court may in its discretion order the
whole or any part of
the money to be applied to any such payment.
(3) Any
order for payment under this section may be enforced in the same manner as a
fine.
(4) An order under this section shall not affect the right of any
person to recover by civil proceedings any sum in excess of the
amount recovered
under the order.
416. Restitution of
property - (1) Where any one is convicted of any offence, any property
found in his possession, or in the possession of any other person for
him, may
be ordered by the Court to be delivered to the person who appears to the Court
to be entitled thereto.
(2) Where an order is made under subsection (1)
of this section, and it appears to the Court that a purchaser has bought the
property
in good faith and without knowledge that it was dishonestly obtained,
the Court may order that on the restitution of the property
the offender shall
pay to the purchaser a sum not exceeding the amount paid by him. The provisions
of subsections (2) to (4) of section
415 of this Act shall apply to any such
order.
(3) Where any one is convicted of having stolen or dishonestly
obtained any property, and it appears to the Court that the property
has been
pawned to a pawnbroker, the Court may order the pawnbroker to deliver it to the
person appearing to the Court to be entitled
to it, either on payment or without
payment to the pawnbroker of the amount of the loan or any part thereof, as the
Court in all
the circumstances of the case deems just:
Provided that
before an order is made for the delivery of the property without payment to the
pawnbroker, he shall be given an opportunity
to be heard.
(4) If the
person in whose favour any order under subsection (3) of this section is made
thereby obtains the property, he shall not
afterwards question the validity of
the pawn.
(5) Except as provided in subsection (4) of this section, no
order made under this section shall have any further effect than to change
the
possession, and no such order shall prejudice any right of property, or any
right of action in respect of any property, existing
or acquired in the goods
either before or after the offence was
committed.
417. Civil remedy not
suspended - No civil remedy for any act or omission shall be suspended by
reason that such act or omission amounts to an
offence.
418. Act to bind the
Crown - This Act shall bind the
Crown.
419. Regulations - (1)
The High Commissioner may from time to time, by Order in Executive Council, make
all such regulations as may in his opinion
be necessary or expedient for giving
full effect to the provisions of this Act and for the due administration
thereof.
(2) All regulations made under this section shall be laid before
the Legislative Assembly within twenty-eight days after the date
of the making
thereof if the Legislative Assembly is then in session, and if not, shall be
laid before the Legislative Assembly within
twenty-eight days after the date of
the commencement of the next ensuing
session.
420. Amendments, repeals and
revocation - (1) The Cook Islands Act 1915 is hereby amended in the
manner indicated in the Second Schedule to this Act.
(2) The enactments
specified in the Third Schedule to this Act are hereby repealed.
(3) Rule
87 of the Rules of the High Court 1916 is hereby revoked.
----------------------------------------
[Schedules not attached]
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