|
|
Home
| Databases
| WorldLII
| Search
| Feedback
Papua New Guinea Court Rules |
Criminal Practice Rules 1987 (No 1 of 1987)
THE INDEPENDENT STATE OF PAPUA NEW GUINEA
RULES OF THE NATIONAL COURT
THE CRIMINAL PRACTICE RULES 1987
PURSUANT to Section 184 of the Constitution and all other powers thereunto enabling the following Rules of Court for regulating and prescribing the practice and procedure of the National Court of Justice in its Criminal Jurisdiction are made and shall come into force on a date specified by publication of a Notice in the National Gazette.
Dated this 30 day of July 1987
Kidu,
C.J
Kapi, D.C.J.
Bredmeyer, J.
Amet, J.
Woods, J.
Los, J.
Cory, J.
Barnett, J.
Wilson, J.
Hinchliffe, J.
____________________
THE CRIMINAL PRACTICE RULES
__________
PART 1.—PRELIMINARY
ORDER 1.—INTERPRETATIVE MATTERS
Division 1.—Introduction
1. These Rules may be cited as the Criminal Practice Rules.
2. These Rules shall apply to all proceedings commenced or instituted on or after the date of commencement of these Rules.
3. These Rules shall come into force on the date to be fixed by notice in the National Gazette.
4. These Rules are divided in Parts, Orders, Divisions and Rules as follows:—
ORDER 1.—INTERPRETATIVE MATTERS
Division 1.—Introduction
Division 2.—Definition and Forms
Division 3.—Certain Rules to apply
Division 4.—Applications to the Court
PART 2.—PROCEEDINGS
ORDER 2.—PRE-TRIAL REVIEW
Division 1.—Practice Directions
ORDER 3.—PROCEDURE
Division 1.—Commencement
Division 2.—Proceedings at trial on Indictment
Division 3.—Warrants of Arrest
Division 4.—Warrants of Imprisonment With/Without Suspension
Division 5.—Breach of Recognizance
Division 6.—Forfeiture
ORDER 4.—EVIDENCE
Division 1.—Admissions
Division 2.—Notice of Alibi
Division 3.—Court may call Witness
Division 4.—Prohibition of Publication
ORDER 5.—RECORD OF PROCEEDINGS
Division 1.—Recording and retention of Records
Division 2.—Judge's Notes of Proceedings
Division 3.—Court Reporters' Record of Proceedings
Division 4.—Tape Recording of Proceedings
Division 5.—Court Papers and Exhibits
Division 6.—Judgements
Division 7.—Certificate of Conviction
Division 8.—Report under Constitution 37(14)
PART 3.—CRIMINAL APPEALS FROM INFERIOR COURTS
ORDER 6.—RECORD OF PROCEEDINGS
Division 1.—Court Papers
Division 2.—Recording of Orders
PART 4.—FORMS
SCHEDULE 1.—INDICTMENTS, WARRANTS, ORDERS, CERTIFICATES, REGISTERS
SCHEDULE 2.—STATEMENT OF OFFENCES IN CRIMINAL CODE
Division 2.—Definitions and Forms
5. (a) In these Rules, unless the contrary intention appears—
"Associate" means a person appointed to act as an Associate to a Judge;
"Code" means the Criminal Code in the Schedule to the Criminal Code Act 1974;
"Circuit Court" means the National Court sitting at a place other than Waigani;
"Court File" means the papers filed in the Registry for the use of the Court;
"Court Reporter" means a person qualified and authorized to record proceedings in court using any recording system approved for use by the Chief Justice;
"Inferior Court" means the District Court;
"Judge" means a judge or acting judge of the National Court of Justice;
"Private Person" means one who has no authority to present an Indictment;
"Probation Report" means a report made under the provisions of the Probation Act 1979;
"Registrar" means the Registrar of the National Court;
"Registry" means the Office of the National Court;
"The State" means The Independent State of Papua New Guinea.
(b) In these Rules, unless the context of or subject matter otherwise indicates or requires, a reference to a Part or to an Order or to a Schedule is a reference to that Part, Order or Schedule in these Rules.
6. The Forms in the Schedule shall be used where applicable.
7. It shall be sufficient compliance with any requirement of an Act or these Rules as to the form of any document if the document is substantially in accordance with the requirement or has only such variation as the nature of the case requires.
8. A form in these Rules shall be completed in accordance with the directions, if any, contained in the Form.
9. Where the citation of an Act stated in a Form is subsequently altered, the citation as altered may be substituted for the citation of that Act in the Form.
Division 3.—Certain Rules to apply
10. The following Rules of the National Court shall apply as if they were, with necessary modification, Rules of Criminal Practice with regard to—
(a) Originating Summons Order 4 Division 4
(b) Service Order 6 Division 1
(c) Service on The Public Prosecutor Order 16 Rule 12
(d) Notice of Intention to Defend Order 7
(e) Inspection Order 9 Division 1
(f) Medical Examination and Order
9 Division 4
Inspection of Property
(g) Summons to Give Evidence Order 11 Division 1 (Except Rule 3)
(h) Affidavits Order 11 Division 3
(i) Minutes and Entry Order
12 Division 2 (excepting Rule
19)
(j) Attendance Order 13 Division 1 Rule 6
(k) Contempt of Court Order 14 Division 6
Division 4.—Applications to the Court
11. All applications allowed under the Code, Probation Act 1979 or by these Rules shall be made by Originating Summons.
12. The Court may dispense with compliance with Rule 11 where it is in the interests of justice so to do.
13. Where an application is heard under Rule 12 the Court may require such application be later reduced to writing.
14. No fees shall be payable for Applications made under these Rules.
PART 2.—PROCEEDINGS
ORDER 2.—PRE-TRIAL REVIEW
Division 1.—Practice Directions
1. Prior to the trial of a person to be charged on indictment application may be made by the accused or his lawyer or the Public Prosecutor for practice directions under this order.
2. If no application is made under Rule 1 the Court may of its own volition list the matter for such directions.
3. An application under this order may be made within a reasonable time prior to the hearing—
(a) Where directions are sought under Rule 6, before any Judge of the Court in Chambers; or
(b) Where directions and orders are sought under Rule 7, before the Judge who is to try the matter, in the Court.
4. The accused person is entitled to be present at any pre-trial proceedings.
5. The hearings shall be attended by counsel briefed to conduct the trial or in special circumstances counsel specifically instructed to deal with matters arising in hearings under Rule 6 of this Order.
6. At a hearing under this rule counsel shall inform the Court—
(a) of the plea at trial; and
(b) of the prosecution witnesses required at trial as shown on the committal documents and any notices of further evidence then delivered and of the availability of such witnesses; and
(c) of any additional witnesses who may be called by the prosecution and the evidence that they are expected to give; if the statements of these witnesses are not then available for service a summary of the evidence that they are expected to give shall be supplied in writing; and
(d) of facts which can be and are admitted pursuant to Section 589 of the Code and which can be reduced to writing at the trial and of the witnesses whose attendance will not then be necessary; and
(e) of the probable length of the trial; and
(f) of exhibits which are to be provided and whether they are to be admitted by consent; and
(g) of issues, then envisaged as to the mental or medical condition of any accused person or witness; and
(h) of any point of law which may arise on trial, any question as to the admissibility of evidence which then appears on the face of the papers and of any authority on which either party intends to rely as far as can be possibly envisaged at that stage; and
(i) of the names and addresses of witnesses from whom statements have been taken by the prosecution but who are not going to be called and, in appropriate cases, disclosure of the content of those statements; and
(j) of any alibi not then disclosed pursuant to Order 4 of these Rules; and
(k) of the order and pagination of the papers to be used by the prosecution at the trial and of the order in which the witnesses for the prosecution will be called; and
(l) of the likely assistance through a request for a Probation Report; and
(m) of any other significant matter which might affect the proper and convenient trial of the case.
7. At a hearing under this rule application may be made by any party for an order relating to—
(a) any matters arising under Rule 6; and
(b) the severance of any count or accused on the indictment; and
(c) amendment or provision of further and better particulars of any count on the indictment; and
(d) the time for compliance with an order made under sub-rule (c); and
(e) the provision of a transcript of the trial proceedings; and
(f) such other order necessary to secure the proper and efficient trial of the accused person.
ORDER 3.—PROCEDURE
Division 1.—Commencement
1. Every proceeding in the Criminal Jurisdiction of the National Court shall be entitled "In the National Court of Justice".
2. Every indictment presented in the National Court shall be entitled as in Rule l and shall be in accordance with Form 1.
3. The statement of the offence in the indictment shall—
(a) be in the applicable Form in Schedule 2, as appropriate; or
(b) if no Form is provided in the Schedule, be in accordance with an analogous Form in the Schedule; or
(c) if there is no such Form, be stated in the words of the Code or other Statute under which the indictment is presented.
4. An application for leave under Section 616 of the Code shall be instituted by originating summons for an order calling on the accused person to show cause why leave should not be granted and shall—
(a) be entitled under the section in the Code; and
(b) be entitled with the name of the person making the application; and
(c) state briefly the particulars relied upon; and
(d) be signed by the person making the application; and
(e) be filed in the Registry.
5. The application shall be supported by Affidavit.
6. The application under Rule 4 shall be served upon the Public Prosecutor.
7. An application for leave to present an information against a Judicial Officer acting in such capacity, in addition to the requirements set out in Rule 4 shall—
(a) be served on such person seven days prior to the hearing of the application; and
(b) be accompanied by a statement of the alleged offence.
8. An information presented by leave shall be in Form 2.
Division 2.—Proceedings at trial on Indictment
9. At the trial of a person charged on indictment, all pleadings and applications subsequent to the presentation of the indictment may—
(a) be made orally; and
(b) be reduced into writing, if necessary, for the purposes of recording the proceedings.
Division 3.—Warrants of arrest
10. An application for a warrant to arrest a person may be made—
(a) Where an indictment has been presented against such person who has failed to appear for his trial, by production to the judge of the original indictment or a copy thereof, without other evidence; or
(b) Where an information has been presented by leave by order of the Court, at the time of granting leave or by evidence on Oath showing—
(1) that the accused is likely to abscond; or
(2) that his arrest is necessary in the interests of justice; or
11. A warrant issued under Rule 10 shall be in Form 3.
Division 4.—Warrants of imprisonment with/without suspension
12. Upon conclusion of a trial in which a convicted person is sentenced to a term of imprisonment with or without part suspension, the Associate shall prepare—
(a) four copies of a warrant for imprisonment; and
(b) four copies of any recognizance as directed,
for signature by the trial judge and the convicted person where necessary.
13. After the signing of the warrant and recognizance, the Associate shall hand the original warrant and recognizance to the Corrective Institution Officer by whom the convicted person is to be taken into custody.
14. In the absence of such officer, the documents referred to in Rule 13 shall be given to the senior policeman present in Court, or the Sheriff.
15. Copies of the documents referred to in Rule 13 shall be distributed—
(a) to the Prosecutor; and
(b) to the Registrar, after placing them in the Court Papers; and
(c) a copy of the recognizance, to the convicted person.
16. The documents in this Division shall be in Forms 5, 6, 7, as applicable.
Division 5.—Breach of recognizance
17. Upon proof by affidavit or otherwise that a convicted person who entered into a recognizance as ordered by the Court is in breach of the conditions of the recognizance, the Court may issue a warrant for his arrest.
18. A person arrested upon warrant issued under Rule 17 shall—
(a) be brought before the Court or a Judge as soon as possible; or
(b) if compliance with sub-rule (a) is not possible, then the person arrested shall be brought before a Magistrate to be dealt with according to law.
19. A warrant under Rule 17 shall be in accordance with Form 8.
Division 6.—Forfeiture
20. When a person bound by a recognizance to attend at any court fails to comply with the conditions of the recognizance, the Court may—
(a) on application of the Public Prosecutor; and
(b) on production of the recognizance,
order that the security paid be forfeited.
21. Where an order is made forfeiting a security under a Recognizance or Bail Act 1977 or under these Rules it shall be served upon—
(a) the Registrar or the Clerk of the Court at which the security was paid; and
(b) the person who paid the security; or
(c) his lawyer.
22. It shall be sufficient compliance with Rule 22(b) if the Order is forwarded by prepaid post to the last known address of the person who paid the security.
23. An order referred to in Rule 21 shall be in accordance with Form 10.
ORDER 4.—EVIDENCE
Division 1.—Admissions
1. An admission under Scetion 589 of the Code—
(a) may be made before or at the trial by the counsel or lawyer for the accused person; and
(b) if made otherwise than in court shall—
(i) be in writing; and
(ii) be signed by the accused person
2. An admission under this Division for the purpose of the trial relating to a matter shall be treated as an admission for the purpose of any subsequent criminal proceedings relating to the same matter including an appeal or retrial.
3. An admission under this Division may with leave of the court be withdrawn at the trial at which it is made or in any subsequent criminal proceedings relating to the same matter.
Division 2.—Notice of alibi
4. An accused person shall not upon his trial on indictment, without the leave of the Court, adduce evidence of an alibi unless, before the expiration of the prescribed period, he gives to the Prosecutor written notice of particulars of the alibi and unless the notice contains the name and address of any person whom he claims can support the alibi or, if such name or address is not known to him at the time he gave the notice—
(a) he gives in the notice all information in his possession that may be of material assistance in locating that person; and
(b) the Court is satisfied that before giving that notice he had made all reasonable attempts to obtain that name and address and that thereafter he continued to make all reasonable attempts to obtain and to inform the Public Prosecutor of that name and address.
5. A notice under this Section shall be duly given if it is delivered to or left at the office of the Prosecutor responsible for the conduct of the trial or sent by certified mail addressed to him at that office.
6. Evidence tending to disprove an alibi may, subject to a direction by the Court, be given before or after evidence is given in support of the alibi.
7. A notice purporting to be given under this Section on behalf of the accused person by his lawyer shall, until the contrary is proved, be deemed to be given with the authority of the accused person.
8. In this Division—
"evidence of alibi" means evidence tending to show that by reason of the presence of the accused person at a particular place or in a particular area at a particular time he was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission;
"the prescribed period" means the period of 14 days prior to the date of trial of the accused person.
Division 3.—Court may call witness
9. The Court may at any time in the course of a trial direct the issue of a summons commanding any person whom the court shall name to attend and give evidence as a witness on such proceeding.
10. The expenses of such person on attending to give evidence in such proceedings shall, if so ordered by the Trial Judge, be paid by the Registrar from funds made available for that purpose.
Division 4.—Prohibition of publication
11. In any case where an order has been made prohibiting the publication of—
(a) the proceedings; or
(b) any part of the proceedings; or
(c) the names of any parties involved in the proceedings,
such order shall be reduced to writing and served upon the persons or organisation to whom it is directed.
12. An order referred to in Rule 1 shall be prepared and served by the party seeking the order or by the Registrar as the court directed.
13. In all cases where an order under Rule 1 is made the Registrar shall immediately notify the person or persons or organisation to whom it is directed that—
(a) such an order has been made; and
(b) the terms of it.
ORDER 5.—RECORD OF PROCEEDINGS
Division 1.—Recording and retention of records
1. At every trial, a record of proceedings shall be taken of the whole of the proceedings.
2. The proceedings may be recorded in any of the following ways:—
(a) a record written by the trial judge;
(b) a record taken by a court reporter using—
(i) written shorthand or a shorthand recording machine; or
(ii) mechanical means to record on tapes, or other apparatus; or
(iii) any combination of means in sub-rules (i) and (ii).
3. If any part of the proceedings recorded in accordance with Rule 2(b) is transcribed—
(a) into a typewritten form; and
(b) certified to be correct and complete or of such part as the case may be by the person who transcribed the record,
that transcription shall be sufficient record in accordance with Rule 2.
4. The record of proceedings shall be retained for—
(a) the appropriate period; or
(b) for such other period as the Court or a Judge may in a particular case direct.
5. The "appropriate period" in Rule 3 means—
(a) Where the recording is made under Rule 2(a) and (b)—
(1) in proceedings in which a person has been sentenced to serve a term of imprisonment, a period equal to the length of that term or 10 years, whichever is the lesser period; and
(2) in proceedings in which a person has been sentenced to serve a term of imprisonment but the execution of that term, or part of that term, has been suspended, a period equal to the aggregate of the period for which the sentence was suspended and the period of that term of imprisonment; and
(3) in proceedings in which a probation order has been made, a period equal to the aggregate of the period of that order and the period of any sentence of imprisonment imposed at the time of the making of the order; and
(4) in any other proceedings, a period of six months; and
(b) Where the recording is made under Rule 2(b) for a period of 12 months.
6. If in any trial the judgment and/or sentence of the Court is recorded in accordance with Rule 2(b) and transcribed into typewritten form in accordance with Rule 11, the transcription shall be kept for the period set out in Rule 5(a).
Division 2.—Judge's notes of proceedings
7. Where the Court records proceedings under this Division, the writing shall—
(a) be recorded in a book provided for that purpose; and
(b) be kept in such place as the Chief Justice directs.
Division 3.—Court reporters record of proceedings
8. Where the Court records proceedings under this Division, it shall be taken by a Court Reporter so authorized and qualified to the satisfaction of the Chief Justice.
9. Every person authorized under Rule 8 shall—
(a) before commencement of duty take before a Judge the following oath:—
"I swear that I will faithfully record and transcribe or cause to be transcribed, the evidence which I am directed to record by the Court in any matter"; and
(b) for the time being be an officer of the Court in or for which the recording of evidence is required; and
(c) be under the direction of the Court with regard to the performance of this duty of recording taking down and transcribing or causing to be transcribed, such evidence.
10. Any record taken at trial shall—
(a) contain particulars sufficient to identify the record taken; and
(b) be signed by the Court Reporter; and
(c) be certified by that reporter as being correct and complete or of such part as the case may be; and
(d) be delivered to the Registrar for retention.
11. If in any trial the judgment and/or sentence of the Court is recorded in accordance with this Division that record shall be transcribed in accordance with Rule 3.
12. Upon direction by the Court or Registrar, a typewritten, transcript may be made by the Court Reporter or the person making the same who shall—
(a) provide a typewritten transcript of the whole or any part of the record taken at the trial; and
(b) certify the transcript as being correct and complete or of such part, as the case may be.
13. Where the Court Reporter makes a record, the tape or other apparatus and also the transcript thereof, either by writing, printing or typewriting when certified to as correct by the court reporter shall be received as prima facie evidence of the evidence, ruling, direction, address submission or judgment taken down in the proceedings so recorded.
Division 4.—Tape recording of proceedings
14. Where the Court records proceedings by tape recording, the Associate or Court Reporter shall endorse each tape in clear and endurable characters with—
(a) the name of the parties; and
(b) the date of trial; and
(c) the number of the tape in chronological order; and
(d) the period of retention under Division 1 Rule 5,
and deliver the tapes to the Registrar for retention.
15. Upon direction by the Court or Registrar a type-written transcript may be made of the recording by persons so authorized by the Court.
16. The Provisions of Rule 11, 12 and 13 apply to this Division.
17. A transcript of proceedings or part of proceedings recorded in accordance with Rule 12 in the discretion of the Registrar, may be provided to a person, whether a party or not, who satisfies the Registrar that he has a sufficient interest in those proceedings, and including—
(a) the Law Officers of Papua New Guinea; and
(b) the person convicted; and
(c) any other person named in or immediately affected by any Order made by the judge of the Court of trial; and
(d) the person, if any, who obtained leave to present the information under Order 3 Rule 4; and
(e) the person authorized to act on behalf of any person in sub-rule (a), (b), (c) or (d).
18. Where the Registrar agrees to provide any person with a transcript pursuant to Rule 17, he may require that person to lodge deposit money before the transcribing of the proceedings begins.
19. Any deposit received from any person under Rule 18 shall be deducted from any moneys payable by that person under Rule 20.
20. Where a transcript of proceedings is provided to a person pursuant to Rule 17, that person shall pay for the transcript at the rates that are prescribed for the time being in Table 3 of the National Court Rules in respect of the furnishing of transcript of proceedings.
21. The Registrar may, in his discretion, waive any charge that is payable in respect of a transcript of proceedings provided to a person pursuant to Rule 17.
Division 5.—Court papers and exhibits
22. At every trial, the Associate shall—
(a) endorse the back of the indictment in accordance with Form 14; and
(b) seal in an envelope labelled with sufficient particulars to identify the accused person and marked "not for public information", any probation report presented at a trial; and
(c) after compliance with sub-rule (a), return to the Registrar—
(1) the indictment; and
(2) court file; and
(3) a list of exhibits; and
(4) the exhibits; and
(5) a report of exhibits stored in accordance with Rule 23; and
(6) sealed envelope containing probation report.
23. Where because of the nature of the exhibit it is not possible to comply with Rule 22 sub-rule (c)(4), the Associate shall store that exhibit in a place provided for that purpose at the Court House in which the trial took place.
24. All documents, exhibits and other things connected with any proceedings before a court of trial shall be in the custody of the court until the expiration of the time allowed for appeal.
25. The Judge of the Court of trial may, in any case in which he thinks fit allow the release of any such document, exhibit or thing retained in accordance with Rule 24, subject to such conditions and upon such security for its production if and when required, as he may think necessary.
Division 6.—Judgements
26. At every trial, the Associate shall enter in a Register to be kept for that purpose—
(a) the particulars of the trial; and
(b) offence; and
(c) plea; and
(d) verdict; and
(e) sentence; and
(f) directions, if any, of the court as to judgement.
27. The Register shall—
(a) be certified by the trial judge; and
(b) be delivered to the Registrar and a copy thereof given to the Clerk of the Court at the place of trial; and
(c) be in accordance with Form 15.
28. The Register certified in accordance with Rule 27(a) shall be sufficient warrant for the execution of the judgments appearing therein.
Division 7.—Certificate of Conviction
29. The Registrar shall, when requested so to do, issue a Certificate of Conviction in accordance with Form 16.
30. A Certificate of Conviction shall be sealed with the Court Seal.
31. A Certificate of Conviction shall not be issued—
(a) until the expiration of 40 days from the date of conviction; or
(b) if a Notice of Appeal has been lodged and remains undetermined.
Division 8.—Report under Constitution 37(14)
32. A Report pursuant to Constitution 37(14) shall be signed by the trial judge in duplicate.
33. One copy of the report shall be delivered to the Chief Justice and one copy is to be placed on the Court File.
34. A report under Rule 32 shall be in Form 17.
PART 3.—CRIMINAL APPEALS FROM INFERIOR COURTS
ORDER 6.—RECORD OF PROCEEDINGS
Division 1.—Court papers
1. At every appeal, the Associate shall—
(a) endorse the court file in accordance with Form 18; and
(b) return to the Registrar—
(1) the Court File;
(2) copy of depositions from inferior court; and
(3) exhibits (if any); or
(4) report on the storage of exhibits in accordance with Order 5 Rule 23.
Division 2.—Recording of orders
2. After every Appeal, the Associate shall enter in a Register, to be kept for that purpose—
(a) the particulars of the appeal; and
(b) decision appealed from; and
(c) the names of the parties; and
(d) order made.
3. The Register shall be in accordance with Form 19.
4. The Associate shall deliver to the Registrar after each circuit the Register completed in accordance with Rule 2.
5. Upon receipt of the Register, the Registrar shall certify it and cause a copy to be forwarded to the Clerk of the Court from which the Appeal arose.
6. The Register certified in accordance with Rule 3 shall be sufficient warrant for the execution of the judgment appearing therein.
7. The Form of Order on appeal is in Form 20.
______________________________
PART 4 FORMS
FIRST SCHEDULE
FORMS
____________________
Form 1.—Indictment
GENERAL FORM OF INDICTMENT
In the National Court The
State
of Justice v.
A.B.
INDICTMENT
Held at: (Place of trial)
A.B. of X stands charged that he at (place) on the ... day of ... (set out the statement of offence and if more than one, each count to be set out separately in accordance with Second Schedule)
Dated this ... day of ...
(Sgd) By
person authorized to
present indictment
(Title)
To A.B.
TAKE NOTE You will be tried on this indictment at the Criminal Sessions of the National Court commencing at ... on the ... day of ... or on a date to be determined.
(The following is to be endorsed on the back of the Indictment.)
Committed for (offence) by
(Magistrate)
at (place)
on (date)
____________________
Form 2.—Information by Leave
IN THE NATIONAL COURT OF JUSTICE
INFORMATION BY LEAVE
The Independent State of Papua New Guinea on the prosecution of the prosecutor (YZ) against the accused person (AB)
Held at (Place of trial):
The prosecutor informs the Court by leave that (AB) of Y on the ... day of ... at (place) (set out the statement of offence as in an indictment).
Dated this ... day of ...
(Sgd) By
applicant or person
appointed by Court Prosecutor
To AB
TAKE NOTICE you will be tried on this information at the Criminal Sessions of the National Court commencing at ... on the ... day of ... or on a date to be determined.
____________________
Form 3.—Warrant of Arrest
IN THE NATIONAL COURT OF JUSTICE
THE STATE
against
A.B.
WARRANT OF ARREST
TO ALL POLICE OFFICERS
A.B. (the accused) was committed on the ... day of ... 20... by the District Court at ... to stand his trial in this Court on a charge of (set out offence).
AND was granted Bail/Remanded in Custody.
An Indictment has/not been presented against the accused.
AND the accused was called to stand trial/appear, before the Court.
AND AS the accused is in breach of the terms of bail ... has escaped from custody.
YOU ARE COMMANDED TO ARREST the accused and bring him/her before a Magistrate or Judge to be dealt with according to Law.
DATED this day ... of ... 20...
Judge
NOTE Accused's
Last Known Address:
Home Address:
____________________
Form 4.—Warrant of Commitment on Remand
IN THE NATIONAL COURT OF JUSTICE
THE STATE
v.
A.B.
WARRANT OF COMMITMENT ON REMAND
To the Commissioner of the Correctional Service and to all members of the Police Force and to the Officer in Charge of the Correctional Institution at ...
At the Criminal Sittings of the National Court of Justice at ... A.B. of X (the Remandee)
WAS REMANDED IN CUSTODY UNTIL TRIAL/JUDGMENT/SENTENCE.
YOU ARE COMMANDED to convey the remandee to this Correctional Institution and deliver him/her together with this Warrant to the Officer in Charge thereof.
YOU ARE FURTHER COMMANDED TO RECEIVE the remandee into your custody and keep him/her in your safe custody until his/her trial has been completed and produce him at the National Court at ... on the ...
DATED this ... day of ... 20...
Judge
____________________
Form 5.—Warrant of Commitment
IN THE NATIONAL COURT OF JUSTICE
THE STATE
v.
A.B.
WARRANT OF COMMITMENT
TO the Commissioner of the Correctional Service and to all Members of the Police Force and to the Officer in Charge of the Correctional Institution at ...
At the Criminal Sittings of the National Court of Justice at ... on ... day of ... 20... A.B. of ... (the offender) was found guilty of (short statement of offence) contrary to Criminal Code Section ...
AND SENTENCED to be imprisoned as follows—
(a) Length of sentence:
(b) Length of period deducted:
(c) Length of sentence to be served:
YOU ARE COMMANDED TO CONVEY the offender to this Correctional Institution and deliver him/her together with this Warrant to the Officer in Charge thereof.
YOU ARE FURTHER COMMANDED TO RECEIVE the offender into your custody and imprison him/her in this Correctional Institution in hard/light labour for the term of ... calculated from the date of this Warrant.
DATED this ... day of ... 20...
Judge
____________________
Form 6.—Warrant of Commitment with Suspension
IN THE NATIONAL COURT OF JUSTICE
THE STATE
against
A.B.
WARRANT OF COMMITMENT WITH
SUSPENSION
(Criminal Code, Section 19 or 601)
TO the Commissioner of the Correctional Service and to all Members of the Police Force and to the Officer in Charge of the Correctional Institution at ...
At the Criminal Sittings of the National Court of Justice at on the ... day of ... 20... A.B. of X (the Offender) was found guilty of (here set out short statement of offence) contrary to Criminal Code, Section ...
AND was sentenced to be imprisoned for a term of ...
AND the Court ordered imprisonment for ... being part of that sentence.
AND SUSPENDED execution of the remainder of the sentence upon the offender's entry into and compliance with the conditions set out in the attached Recognizance under Criminal Code, Section 19 or 601.
YOU ARE COMMANDED TO CONVEY the offender to this Correctional Institution and deliver him/her together with this Warrant to the Officer in Charge thereof.
YOU ARE FURTHER COMMANDED TO RECEIVE the offender into your custody and imprison him/her in this Correctional Institution in hard/light labour for a term of ... calculated from the date of this warrant.
AND YOU ARE COMMANDED TO RELEASE THE OFFENDER if you are satisfied the conditions in the Recognizance have been met, after service of ...
DATED this ... day of ... 20...
____________________
Form 7.—Recognizance
IN THE NATIONAL COURT OF JUSTICE
THE STATE
against
A.B.
RECOGNIZANCE
(Criminal Code, Section 19 or 601)
At the Criminal Sittings of the National Court of Justice at ... A.B. of X (the Offender) was found guilty of an offence contrary to Criminal Code Section ...
AND INSTEAD OF/IN ADDITION TO the punishment to which the offender was liable, the Court ordered the offender to enter into a Recognizance with/without ( ) sureties.
AND the offender by this recognizance acknowledged:—
TO OWE The State the sum of ... kina ( ) (to be levied on his/her goods, chattels and lands respectively to the use of the State); OR
(delete where necessary)
PAYMENT TO the State of the sum of ... kina ( )
AND PROMISED: (1) To keep the peace and be of good behaviour for a term of ... from this date.
(2) TO appear, if called upon during a period of ... from this date, before a Judge of the National Court to be sentenced or receive the Judgment of the Court in respect of service of sentence or that part of the sentence which was suspended.
(3) AND TO (set out conditions if any and note required by s601(6)).
AND IN DEFAULT the offender shall be dealt with according to law.
TAKEN BEFORE ME Sgd. (Offender)
AT
ON Sgd. Judge
I have received a copy of this Recognizance. Sgd. Offender
I, ... have explained to the Offender in this Recognizance, the conditions which must be observed and the consequences of failing so to do. I am satisfied the Recognizance was understood in the ... language.
(Sgd.) Interpreter
____________________
Form 8.—Warrant of Arrest for Breach of Recognizance
IN THE NATIONAL COURT OF JUSTICE
THE STATE
against
A.B.
WARRANT OF ARREST
TO ALL POLICE OFFICERS.
A.B. (the Offender) was convicted on the ... day of ... 20... by the National Court at ... on a charge of (short statement of offence)
AND entered into a recognizance to be of good behaviour
AND the offender has broken the Conditions of the recognizance.
YOU ARE COMMANDED TO ARREST the offender and bring him/her before a Magistrate or Judge to be dealt with according to law.
DATED this ... day ... of 20...
Judge.
NOTE Offender's
Last known address
Home address
____________________
Form 9.—Security
IN THE NATIONAL COURT OF JUSTICE
THE STATE
against
A.B.
SECURITY
To:
(Surety)
Bail has been granted to A.B. of X on the following conditions:
(Condition of bail)
The amount set for bail which you have paid/undertaken to pay is K... as a security that the conditions of bail will be complied with.
If A.B. fails to comply with the conditions of bail—
I/We consent to judgment being signed against me/us by the State for the sum of K...
I/We acknowledge that the sum of K... paid by me/us will be forfeited to the State.
SIGNED:
Surety
SIGNED:
Judge
Magistrate
Registrar
____________________
Form 10.—Order of Forfeiture
IN THE NATIONAL COURT OF JUSTICE
THE STATE
against
A.B.
ORDER OF FORFEITURE
BEFORE MR. JUSTICE ...
THE ... day of ... 20...
The Court orders that the sum of (amount) paid as a security for (Bail etc.) be forfeited to the State
By the Court.
____________________
Form 11.—Outstanding charges to be taken into account
IN THE NATIONAL COURT OF JUSTICE
THE STATE
against
A.B.
OUTSTANDING CHARGES TO BE TAKEN
INTO ACCOUNT
(Criminal Code, Section 603)
I, A.B. of X (the offender) ask the Court to take into account, the charges endorsed on the back of this Form before passing sentence upon me for the offence of which I have been convicted.
TAKE NOTICE:
1. If any of these offences are taken into account, then—
(a) this does not amount to a conviction for the other offences taken into account; and
(b) the sentence that may be imposed on you for each offence of which you have been convicted cannot exceed the maximum that might have been imposed for it if there had been no taking into account any other offences listed on the back.
2. No further proceedings may be taken against you for the other offences taken into account at your request unless the conviction for the offence for which you have been sentenced is quashed or set aside.
3. If proceedings are then taken against you for any of the offences that you had asked to have taken into account, your admission of that offence cannot be used as evidence against you in those proceedings.
I acknowledge this request and receipt of it.
DATED this ... day of ... 20...
(Sgd.) _______ (Sgd.) ________
Offender Policeman -
No.:
-
Rank:
I certify that the offence/s numbered ... on the back of this Form have been taken into account by me when sentencing the Offender on the offence for which he was convicted.
DATED this ... day of ... 20...
(Sgd.) A Judge of the National Court.
(NOTE: On the back of this Form each charge is to be separately set out and consecutively numbered as follows):
No. Place of Offence Date Brief Description of Offence
1.
2.
etc.
____________________
Form 12.—Antecedent Report
THE STATE
v.
(A.B.)
ANTECEDENT REPORT
1. NAME ________________________________________________
(Surname/Father's name) (Baptismal/First
Name)
2. PLACE OF BIRTH _______________________________________
(Village/Town) (Sub-Province) (Province)
3. DATE OF BIRTH
4. PLACE OF RESIDENCE ______________________________________
(Village/Town) (Sub-Province) (Province)
(If Town, Street No. and Lot. & Sect. Nos.)
5. PLACE OF RESIDENCE ______________________________________
AT TIME OF OFFENCE (Village/Town) (Sub-Province) (Province)
(If Town, Street No. and Lot. & Sect. Nos.)
6. HOW LONG LIVED AT THIS ADDRESS
7. PLACE OF RESIDENCE OF PARENTS
8. HOW LONG PARENTS LIVED AT THIS ADDRESS
9. PARTICULARS OF ACCUSED:
(a) Baptised Mission
(b) School (1) Primary
(2) Secondary
(c) Other Qualifications
(d) Employment History
(e) Employment at date of Offence
(f) If not employed who supported offender at this time
(g) Income/Wages per fortnight
(h) Marriage: Custom:
Name of Wife Mission:
Age: Civil
(i) Children/Age:
(j) Living
with wife and children at time of offence
(if not, where does family live)
(k) Support
wife & children
(if not, who does)
(l) If single, any dependents
PRIOR CONVICTIONS
Date Court Offence Sentence
10. SUMMARY OF FACTS OF PREVIOUS CONVICTION SIMILAR TO PRESENT CHARGE
11. AGE WHEN FIRST CONVICTED
12. PRIOR PROBATION ORDERS
13. WHAT IS ATTITUDE OF LOCAL CUSTOM (if any) TO PRESENT CHARGE
Investigating Officer
____________________
Form 13.—Notice of Acquittal/Discharge
IN THE NATIONAL COURT OF JUSTICE
THE STATE
against
A.B.
NOTICE OF ACQUITTAL/DISCHARGE
BEFORE MR. JUSTICE ...
THE ... day of... 20...
THE accused was this day acquitted and discharged from custody on the charge of (short particulars of charge)
By the Court.
____________________
Form 14.—Endorsement to Indictment
ENDORSEMENT TO INDICTMENT
Judge:
Sitting at:
Date of Trial:
For State:
For Accused:
Interpreter:
Interpreter:
Verdict:
Sentence:
Sgd: Associate
____________________
Form 15.—Register
IN THE NATIONAL COURT OF JUSTICE
REGISTRAR: ...
JUDGE: ...
Register: Criminal Sittings At Commencing
DATE CHARGE/CODE/ DATE
OF
ACCUSED COMMITTED SECTION PLEA HEARING VERDICT SENTENCE REMARKS
COUNSEL
____________________
Form 16.—Certificate of Conviction
IN THE NATIONAL COURT OF JUSTICE
THE STATE
against
A.B.
CERTIFICATE OF CONVICTION
I CERTIFY that A.B. of (full
address) was convicted by the National Court of Justice at ... on ... day
of ... for the following charge: (set out particulars of charge)
AND WAS SENTENCED as follows:
(set out sentence)
DATED this ... day of ... 20...
________
Registrar
____________________
Form 17.—Report under Section 37(14) of the Constitution
REPORT - UNDER S.37(14) OF THE
CONSTITUTION
TRIAL IN THE NATIONAL COURT OF
JUSTICE
NOT COMMENCED WITHIN FOUR MONTHS OF COMMITTAL
Name of Offender:
Sex:
Age:
Marital Status:
Charge:
Period in Custody Prior to Committal:
Date and Place of Trial:
Whether Accused on Bail Pending Trial:
Verdict and Sentence (if
Convicted):
Reasons for delay:
(1) Offender not answer bail.
(2) Offender escaped from custody.
(3) Depositions not available for trial.
(4) Matter not listed for trial.
(5) Prosecution case not ready.
(6) Defence case not ready.
(7) Matter not reached on circuit and parties ready.
(8) Other (State reason).
_______
Judge
REPORT OF CHIEF JUSTICE:
__________
Chief Justice
____________________
Form 18.—Endorsement of Criminal Appeal File
ENDORSEMENT OF CRIMINAL APPEAL FILE
Place of Sitting:
Judge:
Date:
Lawyer for Appellant:
Lawyer for Respondent:
ORDER:
(Sgd.) Associate
____________________
Form 19.—Register of Appeals
IN THE NATIONAL COURT OF JUSTICE
REGISTER OF APPEALS
JUDGE:
Register: Appeal Sittings At ... Commencing ...
APPELLANT RESPONDENT COURT APPEALED FROM DATE JUDGEMENT OR ORDER ORDERS ON APPEAL DATE COUNSEL
____________________
Form 20.—General Form of Order on Appeal
GENERAL FORM OF ORDER ON APPEAL
(Heading as in Court Papers)
BEFORE MR. JUSTICE ...
THE ... day ... of ... 20...
The Court Orders that:—
1. Appeal allowed (or etc.)
2. Conviction etc. of (particulars of court and date, quashed or confirmed or varied) etc.
3. (Other orders made)
By the Court.
______________________________
SECOND SCHEDULE.—STATEMENT OF OFFENCES IN CRIMINAL CODE
PART II.—OFFENCES AGAINST PUBLIC ORDER
Division 1.—Treason and other offences against the Queen's person and authority
1. Treason
Section 37
(e) Levied war against the Queen and Head of State—
(i) with intent to depose Her from the style, honour and royal name (etc. as in section); or
(ii) in order by force [or constraint] to compel Her to change Her measures [or counsels] [or in order to put force (or constraint)] [or to intimidate the Parliament (or as the case may be)] the accused (give particulars of overt act or acts alleged); or
(f) Conspired with (name person) to levy war against the Queen and Head of State with intent (etc. as in (e)(i) and (ii)); or
(g) Instigated (name person) a foreigner to make an armed invasion of (name dominion) by (give particulars of overt act or acts alleged); or
(h) The Queen and Head of State then being at war with (name enemy) assisted this enemy by (give particulars of overt act or acts alleged).
2. Concealment of treason
Section 38
(State the treason as in preceding forms)—
(a) And that (name person) (state time and place) knowing that (the accused) had committed this crime, received [or assisted] him in order to enable him to escape punishment; or
(b) knowing that (the accused) intended to commit this treason—
(i) did not give information of it with all reasonable dispatch to a magistrate; or
(ii) did not use other reasonable endeavours to prevent the commission of the crime.
3. Treasonable crimes
Section 39
Formed an intention to—
(a) depose the Queen and Head of State from the style, honour and royal name (etc. as in section) and manifested this intention by (give particulars of overt act or acts alleged); or
(b) levy war against the Queen and Head of State in (name dominion) in order by force [or constraint] to compel Her to (etc. as in Form 1) and manifested this intention (give particulars of overt act or acts alleged); or
(c) to instigate (name foreigners), foreigners to make an armed invasion of (name dominion) and manifested this intention by (give particulars of overt act or acts alleged).
Section 41
Advisedly attempted to—
(a) Seduce (name person) serving in (Unit particulars) of the Defence Force from his duty and allegiance; or
(b) incite (name person) serving in (Unit particulars) of the Defence Force to commit an act of mutiny [or a traitorous or mutinous act]; or
(c) incite (name person) serving in (Unit particulars) of the Defence Force to make [or to endeavour to make] a mutinous assembly.
5. Assisting escape of prisoners of war
Section 42
(a) Knowingly and advisedly aided (name person) then being an alien enemy of the Queen and Head of State, and then a prisoner of war in Papua New Guinea, to escape from the prison [or place] where he was confined [or then being at large on his parole to escape from Papua New Guinea]; or
(b) Being a person who then owed allegiance to the Queen and Head of State knowingly and advisedly aided in his escape to [or towards] (name place) on the high seas within the territorial waters of Papua New Guinea (name person) then being an alien enemy of the Queen and Head of State, and, who had escaped.
Division 2.—Sedition
6. Unlawful acts to commit capital offences
Section 46
(a) Administered [or was present at and consented to the administering] to (name person) an oath (or an engagement in the nature of an oath) purporting to bind him to commit the crime of (state) punishable with death; or
(b) Not being compelled so to do took an oath [or an engagement in the nature of an oath] purporting to bind him to commit the crime of (state) punishable with death; or
(c) Attempted to induce (name person) to take an oath [or (etc. as in (a))]
7. Unlawful oaths to commit offences
Section 48
Administered [or was present at and consented to the administering] to (name person) an oath [or engagement in the nature of an oath] purporting to bind him to—
(i) engage in a mutinous [or seditious] enterprise; or
(ii etc.) (as in terms of section giving particulars where necessary).
8. Raising of unauthorised forces
Section 51
(1) Established [or organised or assisted (name person) to establish (or organise) or Equipped or Assisted (name person) to equip by (particulars of means) or took part in or associated with] a military force [or paramilitary force (or etc. as in section)] which was not provided for by law.
(2) Planned [or prepared for or Assisted in the planning of (or preparation for)] the raising of a military force [or para-military force (or etc. as in section)] which was not provided for by law.
9. Quasi-military organisations
Section 52
(1) Was a member [or adherent] of (name association) an association of persons which was organised [or trained or equipped]—
(a) for the purpose of enabling them to be employed in usurping all [or any or part of the functions of the Police Force] [or Defence Force]; or
(b) (i) for the purpose of enabling them to be employed for the use [or display] of any physical force in promoting a political object in (give particulars); or
(ii) in such a manner to arouse reasonable apprehension that they are so organised [or trained or equipped] to enable them to be (etc. as in (b)(1)); or
2. Promoted [or conspired with (name person) to promote or took part in organising (or training or equipping)] (name association) an association organised [or trained or equipped] for the purpose of (as in (1)(a) or (b)).
3. Took part in the control [or management] of (name association) an association of persons organised [or trained (etc. as in 1(a) or (b))].
Section 53
(1) Without the prior permission of the Prime Minister—
(a) trained [or drilled] (name person) to the use of arms [or the practice of military (or para-military or police force exercise or movements or revolutions)]; or
(b) was present at a meeting [or assembly of persons] (give particulars) held without the prior permission of the Prime Minister, for the purpose of training [or drilling] these persons to (etc. as in (a)).
(2) At a meeting [or assembly] held without the prior permission of the Prime Minister—
(a) trained [or drilled or was trained (or drilled)] to (etc. as in (1)(a)); or
(b) was present at a meeting [or assembly] held without the prior permission of the Prime Minister for the purpose of training [or drilling or of being so trained (or drilled)].
Section 53
(a) Conspired with (name person) to carry into execution an enterprise with the objective—
(i) to bring the Queen and Head of State into hatred [or contempt]; or
(ii) to excite disaffection against the Queen and Head of State [or the National Government or the Constitution as by law established] or (etc. as in 44); or
(b) Advisedly published the seditious words [or writing] as follows (set out the seditious words or writing with such innuendoes as may be necessary to show any meaning attributed to it which is not apparent on its face).
12. Defamation of foreign Princes
Section 55
Unlawfully published (give particulars of writing or sign) concerning (name foreign prince or person) the following defamatory matter (set out the material in question with such innuendoes as may be necessary to show that it tends to expose the Prince or person defamed to hatred and contempt in the estimation of the people of the foreign state).
Division 3.—Offences against the Executive and Legislative power
13. Interference with Head of State or Ministers
Section 56
Advisedly (give particulars of act) calculated to interfere with the free exercise by the Head of State (or Governor-General) or (name person) a member of the National Executive Council (or a Minister of the Parliament) with the free exercise of the duties [or authority] of his office.
14. Interference with the Legislature
Section 57
Advisedly by force [or fraud] interfered [or attempted to interfere] with the full exercise by the Parliament of its authority or Advisedly by force [or fraud] interfered [or attempted to interfere] with the free exercise by (name person) a Member of the Parliament of his duties as a Member [or as a Member of the (name) Committee of the Parliament].
15. Disturbing the Legislature
Section 58
Advisedly disturbed the Parliament whilst it was in session; or
Advisedly and in the immediate view and presence of the Parliament whilst it was in session conducted himself in a disorderly manner tending to interrupt its proceedings [or to impair the respect due to its authority].
16. False evidence before Parliament
Section 59
Being examined before the Parliament [or the (name) Committee of the Parliament] knowingly gave a false answer to a lawful and relevant question put to him in the course of the examinations. The particulars of which are as follows: (State question and substance of false answer).
17. Witness refusing to attend or give evidence before the Parliament or a Committee of the Parliament
Being duly summoned to attend as a witness [or to produce a book (or document) then in his possession] before the Parliament [or a Committee of the Parliament] authorized to summon witnesses [or to call for the production of the book] (or document) refused [or neglected] without lawful excuse, to attend in accordance with the summons [or to produce the book (or document) that is relevant and proper to be produced in accordance with the summons].
18. Member of Parliament receiving bribes
Section 61
Being a Member of Parliament asked [or received or obtained or agreed (or attempted) to receive or obtain from] (name person) (give particulars of property or benefit) for himself [or for (name person)] on an understanding that his vote [or opinion or judgment or action] in the Parliament [or a Committee of the Parliament] will be influenced by it [or be given in a particular manner or in favour of a particular side of a question or matter].
19. Bribery of a member of the Parliament
Section 62
(a) In order to
(i) influence (name person) a Member of the Parliament in his vote [or opinion or judgment or action] on a question or matter arising in the Parliament [or in a Committee of the Parliament]; or
(ii) induce (name person) a Member of the Parliament to absent himself from the Parliament [or from a Committee of the Parliament],
gave to [or conferred upon or procured for or promised (or offered) to give (or confer upon) or to procure for (or attempt to procure for) (or on or for) him [or to (name person)] (give particulars of property or benefit);
(b) Attempted by fraudulently representing to (name person) a Member of the Parliament that (state fraudulent representation) to influence him (etc. as in (a)(i) or (ii)) or Attempted by threats [or intimidation] to influence (name person) a Member of the Parliament (etc. as in (a)(i) or (ii)).
Division 4.—Unlawful assemblies: Breaches of the peace
Section 64
When assembling [or being assembled] with (more than) two other persons conducted themselves in such a manner as to cause persons in the neighbourhood to fear on reasonable grounds that (the accused) and the other persons so assembled would tumultuously disturb the peace [or would needlessly and without proper occasion provoke a tumultuous breach of the peace].
Section 65
As in Form 20 and add:—
And he and these other persons being so assembled then and there tumultuously disturbed the peace.
22. Rioters remaining after command ordering them to disperse
Section 66
When riotously assembled with [more than] four other persons and (name person) a commissioned officer of the Police Force went amongst those persons [or went as near to those persons as he could safely go]—
(2) And gave [or began to give] a command for them to disperse as by law it was his duty to do and (the accused) wilfully and knowingly and by force opposed [or obstructed or hurt] this officer in the performance of his duty and so prevented the command from being given; or
(3) And gave [or caused to be given] the following command: (Set out command in terms of Section 66(1)). And (the accused) continued together with [more than] four other persons and did not disperse within (state practicable time in the circumstances) after this command was given; or
(4) And gave [or began to give] a command for them to disperse as by law it was his duty to do and was prevented by force from giving this command. And (the accused) being a person [or persons] so assembled and to whom this command would or ought to have been given if it had not been prevented and knowing of such prevention continued together with (etc. as in (1)).
23. Rioters demolishing buildings etc.
Section 67
(1) Being riotously assembled with [more than] two other persons unlawfully pulled down [or destroyed or began to pull down (or destroy)] (name building or machinery etc. in terms of section).
(2) Being riotously assembled with [more than] two other persons unlawfully damaged (name building etc. in terms of section).
24. Smuggling or rescuing goods under arms
Section 68
Assembled with [more than] two other persons armed with (name weapons etc.) a firearm [or dangerous or offensive weapon] in order to [or in aid of]—
(a) unlawfully ship [or unship or load or move away] goods the importation of which was prohibited [or that are liable to duties of Customs that have not been paid or secured]; or
(b) rescue or take goods (as in (a)) from (name person) lawfully authorized to seize them [or from (name person) employed by [or assisting] (name person) lawfully authorized to seize them] [or from a place where (name person) lawfully authorized to seize the good, had put them]; or
(c) rescue (name person) who had been lawfully arrested on a charge of a crime relating to Customs; or
(d) prevent the arrest of (name person) guilty of a crime relating to Customs.
25. Smuggling under arms or in disguise
Section 69
Assembled with [or more than] five other persons having with them (name goods) liable to forfeiture under the laws relating to Customs and then carrying (name weapon, etc.) a firearm [or dangerous or offensive weapon] or [and then being disguised].
26. Being armed so as to cause fear
Section 70
Without lawful occasion went armed in public in such a manner to cause terror to (name person).
Section 71
Entered on land that was in actual and peaceful possession of (name person) in such a manner as to be likely to cause [reasonable apprehension of] a breach of the peace.
Section 72
Being without colour of right in actual possession of land and held possession of it against (name person) entitled by law to the possession of this land, in a manner likely to cause [reasonable apprehension of] a breach of the peace.
Section 73
Took part in a fight in a public highway [or at (name place)] to which the public had access, in such a manner as to alarm the public.
Section 74
Challenged or attempted to provoke (name person) to fight a duel; or
Attempted to provoke (name person) to challenge (name person) to fight a duel.
Section 75
Fought in a prize fight with (name person); or
Subscribed to [or promoted] a prize fight between (name persons).
Section 76
[In the night time] with intent to intimidate or annoy (name person) threatened to break [or injure] the dwelling house of (name person); or
[In the night time] with intent to alarm (name person) discharged loaded firearms [or (describe breach of the peace)].
33. Assembling for the purpose of smuggling
Section 77
Assembled with [more than] two persons for the purpose of unshipping [or carrying or concealing] goods subject to duties of Customs and liable to forfeiture under the laws relating to Customs.
Section 78
(1) Assembled with [more than] two other persons—
(a) bearing [or wearing or having amongst them] (name weapon) a firearm [or offensive weapon]; or
(b) publicly exhibited a banner [or emblem flag or symbol] the displaying of which was calculated to promote animosity between people of different religious faith; or
(c) being accompanied by music calculated (etc. as in (b)),
and being so assembled joined parade [or procession] for the purpose of—
(d) celebrating [or commemorating] any festival [or anniversary or political event] relating to [or connected with] religious [or political] distinction [or difference] between any class of people by (give short particulars); or
(e) demonstrating religious [or political] distinction [or difference] between any class of people by (give short particulars).
Where applicable—
(2) And (the accused) was himself then bearing or wearing (give particulars) a firearm [or offensive weapon].
(3) Assembled with [more than] two other persons (etc. as in (a) (b) or (c)) And (name person) a commissioned officer of the Police Force gave [or caused to be given] the following command: (set out command in terms of Section 78(3)) And (the accused) continued together with [more than] two other persons and did not disperse within (state practical time in the circumstances) after this command was given.
Division 5.—Offences against political liberty
35. Interfering with political liberty
Section 79
By violence [or by threatening ] to (give particulars) (name person) hindered [or interfered with his] (give particulars of interference with a political right see Part ).
Division 6.—Piracy
Section 80(1)
Section 81
On the high seas stole from (name person) with actual violence (name goods) then being on the ship (name it) [or belonging to] and in the custody of (name person); or
On the high seas obtained possession of the ship (name it) with actual violence from (name person) then being in command [or in possession] of it and retained possession of that ship.
Section 80(2)(a)
Section 81
(a) On the high seas (or state place to show it within jurisdiction of the National Court) under colour of a commission from (name foreign State or Prince) a foreign State [or Prince] [or under presence of authority from (name person)] committed an act of hostility against (name person) by (give particulars of act of hostility); or
(b) as in (a) stole from (name person) with actual violence (name goods) the property of that person; or
(c) on the high seas (or state place to show it within jurisdiction of National Court) forcibly entered the ship (name it) and threw overboard [or destroyed] (name goods) belonging to the ship [or laden on the ship].
Section 80(2)(b)
Section 81
On the high seas (or state place to show it within the jurisdiction of National Court) on board the ship (name it) turned pirate [or enemy or rebel] and piratically—
(i) ran with the ship [or etc. as in section]; or
(ii) voluntarily yielded up the ship to a pirate; or
(iii) brought to (name person) a seducing message from a pirate; or
(iv) consulted [or conspired with or attempted to corrupt] (name person) being the master [or officer or a seaman] of that ship with intent that he should run away with [or yield up] the ship [or goods or merchandise in the ship] [or turn pirate (or go over to pirates)]; or
(v) laid violent hands on (name person) the master of that ship with intent to hinder him from fighting in defence of the ship and goods committed to his trust; or
(vi) confined (name person) the master of that ship; or
(vii) made [or endeavoured to make] a revolt in that ship; or
(e) Being on board the ship (name it)—
(i) knowingly traded with (name person) who was then a pirate; or
(ii) furnished (name person) who was then a pirate with ammunition [or provisions or stores]; or
(iii) fitted out a ship [or vessel] with a design to trade with [or supply or correspond with] (name person) who was then a pirate; or
(iv) conspired [or corresponded] with (name person) who was then a pirate.
39. Piracy with violence endangering life
Section 80
Section 81
Set out act of piracy as in any of the preceding forms and add:—
And (the accused) then and there—
(a) assaulted (name person) on board [or who belonged to] that ship with intent to kill him [or name person]; or
(b) wounded (name person) (etc. as in (a)); or
(c) unlawfully (give particulars of unlawful act),
which endangered the life of (name person) (etc. as in (a)).
40. Attempted piracy with personal violence
Section 80
Section 82
(a) Assaulted (name person) on board [or who belonged to] the ship (name it) with intent to kill him [(or (name person)] and with intent then to (set act of piracy as in any of the preceding forms); or
(b) Wounded (name person) on board (etc. as in (a)); or
(c) Unlawfully (give particulars of unlawful act) which endangered the life of (name person) on board (etc. as in (a)).
Section 83
(a) Brought to (name person) a seducing message from (name person) who was then a pirate; or
(b) Consulted [or conspired with or attempted to corrupt] (name person) being the master [or an officer or seaman] of the ship (name it) with intent that he should run away with [or yield up] that ship [or goods or merchandise in that ship] [or turn pirate (or go over to pirates)].
PART III.—OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE AND AGAINST PUBLIC AUTHORITY
Division 1.—Disclosing official secrets
42. Disclosure of secrets relating to defence by public officers
Section 84
Being employed in the Public Service, communicated to (name person) otherwise than in the course of his official duty a plan [or document or information] relating to a battery [or field work or fortification] at (place in Papua New Guinea) [or relating to the defence of Papua New Guinea].
43. Obtaining disclosure of secrets relating to defences
Section 85
(a) Procured (name person) employed in the Public Service to communicate to him otherwise than in the course of his official duty a plan (etc. as in Form 42); or
(b) Without lawful authority obtained information as to a battery (etc. as in Form 42).
44. Disclosure of other official secrets
Section 86
Being employed in the Public Service published [or communicated] to (name person) a person to whom he was not bound to publish or communicate it—
(a) (state facts) which came to his knowledge by virtue of his office; or
(b) (state document) which came into his possession by virtue of his office,
and which was his duty to keep secret.
Division 2.—Corruption and abuse of office
Section 87
(a) Being employed in the Public Service [or being the holder of the office of (name it) and charged by virtue of such employment [or office] with the duty of (state duty) corruptly asked [or received or obtained or agreed or attempted to receive or obtain from] (name person and give particulars of property or benefit asked etc.) for himself [or for (name person)] on account of him doing [or omitting to do] (particulars of things done etc.) in the discharge of the duties of his office [or in consideration that he would in the discharge of his duties (particulars of things done or omitted)].
(b) Corruptly gave [or conferred or procured or promised or offered to give (or confer or procure)] to (name person) then employed in the Public Service [or holding the office of (name it)] (give particulars of property or benefit given etc.) on account of him doing [or omitting to do] (particulars of act done etc.) in the discharge of his duties [or in consideration that he would in the discharge of his duties (particulars of act done or omitted)].
46. Extortion by public officers
Section 88
Being employed in the Public Service took [or accepted] from (name person) for the performance of his duty as such an officer (give particulars of reward or promise), a reward [or promise of a reward] beyond his proper pay and emoluments.
47. Public officers interested in contracts
Section 89
Being employed in the Public Service in [name Department] knowingly acquired [or held] otherwise then as a member of a registered joint stock company consisting of more than twenty persons, a private interest in a contract [or agreement] made on account of the Public Service with respect to (particulars of contract or agreement by his Department).
48. Officers charged with administration of property of special character or with special duties
Section 90
Being employed in the Public Service and charged by virtue of his employment with judicial [or administrative] duties respecting (give particulars of property or trade, etc.) acquired [or held] a private interest in such property [or manufacture or trade or business] and while holding this interest discharged his duty with respect to it [or to the conduct of (name person) in relation to it].
Section 91
Being employed in the Public Service as (state position) and so required [or enabled] to furnish returns [or statements] touching on
(a) remuneration payable to [or claimed to be payable] to himself [or to (name person)]; or
(b) (give particulars of matter) required by law to be certified for the purpose of payment of money [or delivery of goods] to (name person),
made a return [or statement] which was to his knowledge false in a material particular in that (state falsity) whereas the truth was (state it).
Section 92
(1) Being employed in the Public Service as (state position) did [or directed to be done] in abuse of the authority of his office (give particulars of act), prejudicial to the lawful rights of (name person).
(2) (As above) And did [or directed to be done] this act for the purposes of gain.
Section 93
Being duly appointed under (state law) to be a valuator for determining compensation to be paid to (name person) for land compulsorily taken from him [or injury done to his land] under this Act—
(a) acted as a valuator while he had an interest in this land as he then knew; or
(b) executed unfaithfully [or dishonestly or with partiality] the duty of making a valuation [or of the injury done to] this land.
52. False certificates by public officers
Section 94
Being authorized [or required] by law to give a certificate (give particulars in which certificate to be given so as to show that the rights of someone might be prejudicially affected) gave such a certificate which was to his knowledge false in a material particular in that it stated (state falsity) whereas the truth was (state it).
53. Administration of extrajudicial oaths
Section 95
Being [a commissioner for oaths or (state capacity)] unlawfully administered an oath to [or took a solemn declaration or solemn affirmation or an affidavit from] (name person) concerning (state matter) with respect to which he had no lawful authority to so do.
54. False assumption of authority
Section 96
(a) Not being a magistrate assumed to act as a magistrate in (give particulars); or
(b) Without authority assumed to act as a person having authority by law to administer an oath [or to take a solemn declaration or solemn affirmation or an affidavit or to act as (give particulars of public act of an authorized person)]; or
(c) Represented himself to (name person) to be a person authorized by law to sign a document testifying—
(i) to the contents of (particulars of register or record) kept by lawful authority; or
(ii) to (particulars of act or event),
and he was not so authorized as he then knew.
55. Personating public officers
Section 97
At (place and time) personated (name person), employed—
(a) in the Public Service as (state position), when he was required by virtue of his employment to (particulars of act) [or attend at particulars of attendance] at that time and place; or
(b) Falsely represented himself to be (name person) employed in the Public Service as (state position) and assumed to do (particulars of act) [or assumed to attend at (particulars of attendance)] as that person.
Division 3.—Corrupt and improper practices at elections
Section 99
Voted [or attempted to] vote in the name of (name person) at an election held on (date) at (place) for (give particulars of election, purpose and constituency).
Section 100
Being an elector entitled to vote (etc. as in Form 56) voted [or attempted to vote] (state number of times).
Section 101
(1) Before [or during or after] an election held (etc. as in Form 56) corruptly provided [or paid (part of) the expense of providing] food [or drink or lodging] to [or for] (name person) on account of him (or name person) an elector entitled to vote at that election having done [or omitted to do] (state act or omission) at the election [or in consideration that (name person) an elector entitled to vote did at the election or omitted to do (state act or omission) at the election].
(2) Before [or during or after] an election held (etc. as in Form 56) being an elector at that election corruptly received food (or drink or lodging) on account of him [or of (name person)] having done (etc. as in Form 58(1)).
Section 102
(a) Used [or threatened to use] force [or restraint] or [Did or Threatened to do some temporal or spiritual injury] or [Caused or Threatened to cause detriment] to (name person) an elector at an election held (etc. as in Form 56)]—
(i) in order to induce him to vote [or refrain from voting] at that election; or
(ii) on account of him voting [or refraining from voting] at that election; or
(b) Prevented [or obstructed ] the free exercise of the franchise by (name person) [or Compelled or induced (name person) to vote (or refrain from voting)] at an election held (etc. as in Form 56) by (give particulars of force or fraud or compulsion used).
Section 103
(a) Gave [or Conferred or Procured or Promised (or offered) to give (or confer or procure or attempt to procure)] to [or on or for] (name person and give particulars of property or benefit given)—
(i) On account of him [or name person] having (give particulars of thing done or omitted to be done) by him [or name person] an elector [or in consideration that he (or name person) would (give particulars of act or omission)]; or
(ii) on account of him [or name person] having acted [or joined or agreed to act or agreed to join] in a procession; or
(iii) in order to induce him [or name person] to endeavour to procure the return of (name person) [or the vote of (name person) an elector],
at an election held (etc. as in Form 56); or
(b) Being an elector asked [or received or obtained or agreed (or attempted) to receive or obtain] (give particulars of property or benefit asked for) for himself [or (name person)] on account of him having (give particulars of act or omission) as an elector at an election held (etc. as in Form 56); or
(c) Asked [or Received or Obtained or Agreed (or Attempted)] to receive (or obtain) for himself (name person) (give particulars of property or benefit asked for) on account of a promise made by him [or (name person)] to endeavour to procure the return of (name person) [or the vote of (name person)] at an election held (etc. as in Form 56); or
(d) Advanced [or paid] the sum of (amount) to [or to the use of] (name person) with intent that it should be applied for the purpose of bribery (give particulars in terms of (a) (b) or (c)) at an election held (etc. as in Form 56); or
(e) Corruptly transferred [or paid] (give particulars of property or money) to (name person) for the purpose of enabling him to be registered as an elector for (constituency) and so influencing his role at a future election; or
(f) Was privy to the transfer or payment of (etc. as in (e)) and this transfer [or payment] was made for the benefit of (the accused); or
(g) Convened [or held] a meeting of electors [or of his committee] in a house licensed for the sale of fermented [or spirituous] liquors when a candidate at an election held (etc. as in Form 56).
Section 105
(a) Being prohibited by law from voting at an election and knowing that he was so prohibited to vote, voted at an election held (etc. as in Form 56); or
(b) Procured (name person) knowing he was prohibited by law from voting at an election, to vote at an election held (etc. as in Form 56); or
(c) Before [or During] an election held (etc. as in Form 56) and for the purpose of promoting [or procuring the choice of (name person)] a candidate at this election, knowingly published a false statement that (name person) another candidate had withdrawn from being a candidate at that election; or
(d) Before [or during] an election held (etc. as in Form 56) and for the purpose of affecting the return of (name person) a candidate at this election knowingly published a false statement of fact respecting his personal character [or conduct] to the effect that he (state falsity); or
(e) Being a candidate at an election held (etc. as in Form 56) withdrew from being such candidate in consideration of the payment [or of a promise of payment] to him of the sum of (amount); or
(f) Being a candidate [or the agent of (name person) a candidate] at the election held (etc. as in Form 56) corruptly procured (name person) who was also a candidate at that election to withdraw from being such candidate in consideration of the payment [or promise of payment] to (name person) of the sum of (amount).
Section 106
(a) Knowingly provided money for the purpose of a payment contrary to (state law, chapter and section) [or for the purpose of replacing money which had been expended contrary to (state law, chapter and section)] in relation to an election held (etc. as in Form 56); or
(b) Printed or [Published or Posted] a bill [or placard or poster] which did not bear on its face the name and address of the printer and publisher of it, in relation to an election held (etc. as in Form 56); or
(c) Hired [or Used] for a committee room at an election held (etc. as in Form 56)—
(i) part of a house then used for the sale of fermented [or spirituous] liquors; or
(ii) part of premises called the (name club) not being a permanent political club, and where intoxicating liquor was sold [or supplied] to members of the club [or society or association] and such premises did not have a separate entrance and had direct communication with that part of the premises in which intoxicating liquor was sold and was not ordinarily let for the purpose of chambers or offices or for holding public meetings or arbitrations; or
(d) Let for use as a committee room at an election held (etc. as in Form 56) part of premises (etc. as in (c)(ii)) and (the accused) knew that the premises were intended to be used as a committee room.
Section 105
(a) Intruded into a polling booth when not being lawfully entitled to do so at an election held (etc. as in Form 56).
(b) Wilfully interrupted [or obstructed or disturbed] (state proceedings) at an election held (etc. as in Form 56).
64. Electors attempting to violate secrecy of ballot
Section 109
(1) After receiving the ballot paper from (name person) the presiding officer at an election held (etc. as in Form 56)—
(a) Wilfully made on it a mark [or writing] not expressly authorized by law; or
(b) Wilfully failed to fold it in such a manner as to conceal the names of candidates; or
(c) Wilfully failed to deposit it in the ballot box in the presence of the presiding officer.
(2) (a) Took [or attempted to take] a ballot paper out of a polling booth;
(b) Whilst (name person) an elector, was preparing his ballot paper in a compartment provided for the use of electors actually voting wilfully intruded into the compartment.
Section 110
Placed [or Was privy to placing] in a ballot box a ballot paper which had not been lawfully handed to and marked by an elector at an election held (etc. as in Form 56).
66. Offences by presiding officers at elections
Section 111
Being a presiding officer at an election held (etc. as in Form 56)—
(a) and being called on [or by] (name person) an elector who was blind [or unable to read] to mark his ballot paper against the name of the candidate [or candidates] for whom he desired to vote, wilfully failed to do so in the polling booth and in the presence and sight of persons then lawfully present; or
(b) and whilst (name person) an elector was preparing his ballot paper in a compartment provided for the use of electors, wilfully allowed (name person) to be in the compartment.
67. False answers to questions at elections
Section 112
At an election held (etc. as in Form 56)—
(a) Wilfully made a false answer to a question lawfully put to him by (name person), the presiding officer at the election, and one which he was required by law to answer by, (give particulars of false answer); or
(b) Being lawfully required to make a declaration before voting wilfully made a false declaration by (state falsity) whereas the truth was (state it).
68. Interfering with secrecy at elections
Section 113
At an election held (etc. as in Form 56)—
(a) Knowingly and wilfully and without the lawful command of a court or tribunal, unfastened the fold upon a ballot paper within which the number of an elector was written, and which fold had been made in accordance with law; or
(b) Being (name position) attempted to ascertain [or discover] [or aided in ascertaining (or discovering)] the candidate for whom the vote of (name person), not voting openly, was given; or
(c) Being (name position) and having in the exercise of his office obtained knowledge of the candidate for whom the vote of (name person) was given disclosed that knowledge to (name person) otherwise than in answer to a question put in the course of proceedings before a court or tribunal; or
(d) Being (name position) placed a mark [or writing] not authorized by law on a ballot paper.
69. Breaking seal of packets used at elections
Section 114
Knowingly and wilfully and without the lawful command of a court or tribunal opened [or broke the seal of] a sealed parcel which had been duly sealed under the provisions of the laws relating to elections.
70. Offences at elections when voting is by post
Section 115
At an election held (etc. as in Form 56) and at which the voting was by post—
(a) Knowing that he was not entitled to vote signed his name as a voter to a voting paper issued by the returning officer; or
(b) Signed the name of (name person) to a voting paper issued by the returning officer; or
(c) Attested the signature of (name person) as a voter to a voting paper issued by the returning officer knowing that (name person) was not entitled to vote by means of that voting paper.
Section 116
(a) Made a claim to have his name inserted in a list of voters for the (name constituency) and wilfully stated falsely in it (state falsity) whereas the truth was (state it); or
(b) Made orally [or in writing] to (name court) with jurisdiction to deal with claims of registration of electors, a wilfully false statement relating to his qualification [or the qualification of (name person)] as an elector by stating (state falsity) whereas the truth was (state it).
Division 4.—Selling and trafficking in offices
72. Bargaining for offices in Public Service
Section 117
(a) Corruptly asked [or received or obtained or agreed (or attempted)] to receive [or obtain] from (name person) (particulars of property or benefit) for himself [or for (name person) on account of him [or (name person)] having (state thing done or omitted) with regard to (particulars of appointment or application as in Section 117); or
(b) Corruptly gave [or conferred or procured or promised (or offered) to give (or confer or procure or attempt to procure) to [or on or for] (name person) (particulars of property or benefit) on account of him having (state thing done etc. as in (a)).
Division 5.—Offences relating to the administration of justice
Section 119
(a) Being a (name judicial office) corruptly asked [or received or obtained or agreed or (attempted)] to receive [or obtain] from (name person) (particulars of property or benefit) for himself [or for (name person)] on account of him having in his judicial capacity (state thing done or omitted); or
(b) Corruptly gave [or conferred or procured or promised (or offered) to give (or confer or procure or attempt to procure)] (particulars of property or benefit) or [on or for] (name person) then being (name judicial office) on account of (name person) in his judicial capacity (state thing to be done or omitted).
74. Official corruption not judicial but relating to offences
Section 120
(a) Being a justice not acting judicially [or Being employed in the Public Service as (state office) in which capacity he was concerned with the prosecution (or detention or punishment) of offender] corruptly asked (etc. as in Form 72 (a)) on account of (the accused) (state act or omission) with a view to—
(i) corruptly [or improperly interfere] with the due administration of justice by (name person); or
(ii) procure [or facilitate] the commission of an offence by (name person); or
(iii) protect (name person) an offender [or intending offender] from detention or punishment; or
(b) Corruptly gave (etc. as in Form 72(b) as appropriate).
Section 121
On (set out time, place, court and particulars of hearing) being duly sworn to give evidence on oath as a witness gave false testimony in that (state substance of false evidence) which testimony was material to a question then depending [or intended to be raised] in the proceedings.
Section 122
With intent to mislead (name tribunal) in (set out particulars of proceedings)—
(a) fabricated evidence by (give particulars of fabrication); or
(b) knowingly made use of evidence which had been fabricated by (give particulars of fabrication).
Section 123
(a) Gave [or conferred or procured or promised (or offered) to give (or confer or procure or attempt to procure)] to [or on or for] (name person) (particulars of property or benefit) on an agreement [or understanding] that (name person) [to be] called as a witness in (give particulars of judicial proceeding) will give false testimony [or withhold true testimony] or Attempted by (particulars of means used) to induce (name person) [to be] called in (etc. as in (a)); or
(c) Asked [or received or obtained or agreed or (attempted) to receive (or obtain)] from (name person) (particulars of property or benefit) for himself [or (name person)] on an agreement [or understanding] that (name person) will as a witness in (etc. as in (a)).
Section 124
With intent to affect the testimony of (name person) [to be] called as a witness in (give particulars of judicial proceeding)—
(a) fraudulently [or deceitfully] (give particulars of fraud practised on him); or
(b) knowingly falsely stated [or exhibited or represented or made a token (or writing)] to him by (give particulars of deception).
Section 125
Knowing that (give particulars of book, document or thing) was [or might be] required in evidence in (give particulars of judicial proceeding) wilfully destroyed it [or wilfully made it illegible (or undecipherable or incapable of identification) with intent to prevent it from being used as evidence.
80. Preventing witnesses from attending
Section 126
Wilfully prevented [or attempted to prevent] (name person), duly summoned to attend before (name court or tribunal)—
(a) from so attending; or
(b) from producing (particulars) under this subpoena [or summons].
81. Conspiracy to bring false accusation
Section 127
Conspired with (name person) to charge (name person) [or to cause (name person) to be charged] with (state offence) knowing that he was innocent of the alleged offence [or not believing him to be guilty of the alleged offence].
82. Conspiracy to defeat justice
Section 128
Conspired with (name person) to obstruct [or prevent or pervert or defeat] the course of justice in (give particulars of the judicial proceedings).
Section 129
Asked [or Received or Obtained or Agreed or Attempted] to receive [or obtain] from (name person) (particulars of property or benefit) for himself] [or for (name person)] on an agreement that he would—
(a) compound [or conceal] the crime of (state) committed by (name person); or
(b) abstain from [or discontinue or delay] the prosecution of (name person) for the crime of (state); or
(c) withhold evidence of the crime of (state) committed by (name person).
Section 130
Having brought [or Under pretence of bringing] an action against (name person) in (name court) under the provisions of (state penal law) in order to obtain from him a penalty for an offence then committed [or alleged to have been committed by him] compounded this action without the order or consent of that court.
85. Advertising reward for the return of stolen property
Section 131
(a) Publicly offered a reward for the return of (name of stolen property) which had been stolen [or lost] and in the offer stated that—
(i) no questions would be asked; or
(ii) the person producing it would not be seized or molested; or
(b) Publicly offered to return to any person who might have brought or advanced money by way of loan upon (name property) which had been stolen [or lost] the money so paid or advanced [or the sum of K... or a reward] for the return of that property; or
(c) Printed [or published] an offer of a reward (etc. as in (a)) [or an offer to return (etc. as in (b)).
86. Magistrates acting oppressively or when interested
Section 132
(a) Being a Magistrate and required [or authorized] by law to admit (name person) to bail did without reasonable excuse and in abuse of his office require from him excessive and unreasonable bail; or
(b) Being a Magistrate wilfully and perversely exercised jurisdiction in a matter in which he had a personal interest by (give particulars of actions taken).
87. Delay to take person arrested before Magistrate
Section 133
Having arrested (name person) on a charge of (state offence) wilfully delayed taking him before a Magistrate to be dealt with according to law.
88. Bringing fictitious action on penal statute
Section 134
Brought an action in (state court) in the name of (name person) a fictitious plaintiff [or in the name of (name person) without his authority] against (name person) on (state penal law) for the recovery of a penalty for an offence [allegedly] committed by him.
89. Inserting advertisement without authority of court
Section 135
Without authority inserted [or caused to be inserted] in the National Gazette or (name newspaper) an advertisement purporting to be published under the authority of (name court or tribunal), or Inserted [or Caused to be inserted] in the National Gazette or (name newspaper) an advertisement purportedly to be published under the authority of (name court or tribunal) which advertisement was false in a material particular in that (state falsity) and the truth was (state it) as he then well knew.
90. Attempting to pervert justice
Section 136
Attempted by (particulars of act alleged) to obstruct [or prevent or prevent or defeat) the course of justice in (particulars of matter obstructed etc.).
Division 6.—Escapes: Rescues obstructing officers of courts
91. Forcibly rescuing capital offenders
Section 137
Rescued [or Attempted to Rescue] by force from lawful custody (name person) an offender under sentence of death [or committed to prison on a charge of (state crime punishable with death).
92. Aiding prisoners to escape
Section 138
(a) Aided (name person) then a prisoner in lawful custody in escaping [or attempting to escape] from such custody; or
(b) With intent to facilitate the escape of (name person) then a prisoner in lawful custody conveyed (name thing) into a prison.
Section 139
Being a prisoner in lawful custody escaped from such custody.
Section 140
Being an officer of a prison [or a police officer] charged with the custody of (name person) then in lawful custody wilfully permitted him to escape from such custody.
95. Harbouring escaped prisoners
Section 141
Harboured [or Maintained or Employed] (name person) then a prisoner who had escaped from custody and was illegally at large as he then well knew.
96. Rescuing persons of unsound mind
Section 149
(a) Rescued (name person) a person of unsound mind, during his conveyance to [or confinement in] a hospital [or reception house] for persons of unsound mind or [a house licensed under the laws relating to persons of unsound mind for the reception of patients,] [or a prison]; or
(b) Being in charge of (name person) while he was being conveyed to a hospital or (etc. as in (a)) wilfully permitted him to escape; or
(c) Being a superintendent of or [Being employed in] a hospital or (etc. as in (a)) Permitted (name person) confined in it, to escape; or
(d) Concealed (name person) who had been rescued [or escaped] while he was being conveyed as a person of unsound mind to [or confirmed as unsound mind in] a hospital or (etc. as in (a)).
97. Removing property under lawful seizure
Section 141
Received [or Removed or Retained or Concealed or Disposed of] (particulars of property) which had been attached [or taken] by (name officer) under the process [or authority] of (name court) with intent to hinder [or defeat] the attachment [or process].
98. Obstructing officers of courts of justice
Section 144
Wilfully obstructed [or resisted] (name person) then lawfully charged with the execution of an order [or warrant] of (name court).
Division 7.—Offences relating to currency
99. Gilding etc. metal or material with intent to make counterfeit coin
Section 146
(a) Gilded [or Silvered] a piece of metal [or material] of a fit size [or figure] to be coined [or coloured a piece of metal (or material) of such size so as to make it look like gold (or silver)] with intent that it should be coined into a counterfeit coin of a (state coin it represents); or
(b) Made [or Began to make] a piece of metal [or material] into a fit size [or figure] to facilitate the coining from it of a counterfeit coin of a (state coin it represents) with intent that this counterfeit coin would be made from it.
100. Making etc. coining instruments
Section 147
Without lawful excuse makes (etc. as in Section) (give particulars) a coining instrument.
Section 148
Made [or Began to make] a counterfeit coin of (state coin it represents) a current coin of (name country).
102. Buying or selling of counterfeit coin
Section 149
Without lawful excuse—
(a) bought [or sold or received or paid or disposed of] [or offered to buy or sell, etc.)] a counterfeit coin of a (state coin it represents) at (state rate) a lower rate than it imports [or it apparently intends to import]; or
(b) brought or received into Papua New Guinea a counterfeit coin of a (state coin it represents) which he then well knew.
103. Possession of counterfeit coin etc.
Section 150
Possessed—
(a) a counterfeit coin of a (state coin it represents) which he then well knew with intent to utter it [or with intent that it be uttered by (name person)]; or
(b) (name material in terms of section) with intent to use it [or knowing that it was intended to be used] in [or in connection with] making a counterfeit coin of a (state coin it represents).
104. Uttering counterfeit coin
Section 151
Uttered a counterfeit coin of a (state coin it represents) which he then well knew was a counterfeit.
Section 152
With intent to defraud utters as and for a current coin—
(a) (state coin uttered) which was not a current coin; or
(b) (particulars of metal etc. as in section) of less value than (state current coin) as and for which it was uttered.
106. Clipping or sweating coins
Section 153
Diminished the weight of (name current coin) a current coin with intent that when so dealt with it might pass as a current coin.
107. Possession of clippings, etc.
Section 154
Unlawfully had in his possession [or disposed of to (name person)] (particulars of metal or material) which had been obtained by dealing with (name current coin), current coin, in such a manner as to diminish its weight as he then well knew it had been so obtained.
108. Making, possessing or selling tokens, etc. resembling coins
Section 155
Unlawfully made [or began to make or sold or offered for sale or had in his possession for sale] a medal [or metal or cast or token] not being a genuine coin—
(a) which resembled in size figure and colour (name coin) a current coin; or
(b) which bore (name device) resembling one on (name coin) a current coin; or
(c) which could by gilding [or silvering or colouring or (give particulars)] be dealt with to resemble (name coin) a current coin and capable [or would if so dealt with] of being passed for a genuine (name coin) coin.
Section 156
Defaced (name coin) a current coin by stamping on it (particulars of name or word stamped).
110. Defacing or destroying coins
Section 157
Without the consent of (name authorized person) an authorized person—
(a) destroyed by (state means) (name coin) a current coin; or
(b) in the course of carrying on (state trade or business) defaced (name coin) a current coin.
111. Possession of forged notes
Section 158
Without lawful excuse purchased [or received] from (name person) [or had in his possession] a forgery of (name note) a current note.
112. Forging or uttering of notes
Section 159
With intent to defraud forged a (name note) a current note or With intent to defraud uttered a (name note) a current note which he then well knew was a forgery.
113. Making etc. of false forms
Section 160
Without the authority of the Reserve Bank of Papua New Guinea made [or had in his possession]
(a) a form of a (name note) note; or
(b) (state instrument or thing) used in the making of a form of a note or (give particulars).
114. Alteration of notes forbidden
Section 161
With intent to defraud altered the amount of current note by (give particulars).
115. Copying of notes forbidden
Section 161A 162
Without the authority of the Reserve Bank of Papua New Guinea made [or had in his possession]—
(a) a copy of a note of (give particulars); or
(b) a writing [or engraving or photograph or print],
of a current note of (give particulars).
Section 168
Without lawful authority dealt with [or moved or altered or interfered with] (name goods) which had been forfeited to the State pursuant to (give particulars of forfeiture).
Division 8.—Offences relating to posts and telegraphs
Section 169
(a) Stopped a mail conveyance; or
(b) (name person) engaged in conveying [or delivering] a mail with intent to search the mail.
118. Intercepting things sent by post or telegraph
Section 170
Unlawfully secreted [or destroyed] (name thing) then in the course of transmission by post [or telegraph].
119. Tampering with things sent by post or telegraph
Section 171
Being employed by [or under] Post PNG Limited—
(a) Without authority (particulars of act) and relating to (name thing) which was in the course of transmission by post [or by telegraph]; or
(b) Knowingly permitted (name person) to (particulars etc. as in (a)).
120. Wilful misdelivery of things sent by post or telegraph
Section 172
Being charged by virtue of his employment [or of a contract] (give particulars) with the delivery of (name thing) sent by post [or telegraph] delivered it to (name person) a person other than (name person) or his authorized agent to whom it was addressed.
121. Obtaining letter by false pretences
Section 173
By falsely pretending to (name person) employed by or under Post PNG Limited, that (particulars of false presence) induced (name person) to deliver to him (name thing) sent by post [or telegraph] and which was not addressed to him.
Section 174
Wilfully secreted [or detained] (name thing) sent by post [or telegraph] addressed to (name person) and—
(a) was found by (the accused); or
(b) was wrongly delivered to (the accused),
and which ought to have been delivered to (name person) as he then well knew.
123. Fraudulent issue of money orders and postal notes
Section 175
Being employed by Post PNG Limited and charged by virtue of such employment with the duty of [or in connection with the duty of] issuing money orders [or postal notes] unlawfully and with intent to defraud issued (give particulars).
124. Fraudulent messages respecting money orders
Section 176
(As in Form 123) sent to (name person) a false [or misleading] letter [or telegram or message] concerning a money order [or money payable to (name person)].
125. Sending dangerous or obscene things by post
Section 177
Knowingly sent [or knowingly attempted to send] by post (name thing)
(a) which enclosed (name thing) which was likely to injure
(i) other things in the course of conveyance; or
(ii) any person; or
(b) which enclosed an indecent [or obscene] print [or painting or photograph or lithograph etc.]; or
(c) which had on it [or in it or on its cover] indecent [or obscene or grossly offensive] words [or marks or designs].
126. Retarding delivery of mails
Section 178
(a) Being required by law [or by virtue of his employment] (give particulars) to (give particulars in terms of section)—
(i) neglected or refused to do it; or
(ii) wilfully detained [or delayed or permitted the detention or delay of (name thing); or
(b) Being employed or under Post PNG Limited negligently—
(i) lost; or
(ii) detained [or delayed or permitted the detention or delay of] (name thing) sent by post [or telegraph].
Section 179
Wilfully obstructed [or delayed] the conveyance or delivery of mail (give particulars).
128. Penalty on mail coach driver or guards loitering
Section 180
Being a driver of a vehicle used for the conveyance of mails [or being a person in charge of mail]—
(a) loitered on the road; or
(b) wilfully misspent [or lost] time; or
(c) was under the influence of intoxicating liquor; or
(d) did not convey the mail at the speed fixed by the Minister for its conveyance.
129. Fraudulently removing stamps
Section 181
With intent to defraud—
(a) removed from (name thing) sent by post the stamp affixed on it; or
(b) removed from a used stamp the mark made on it at a post office; or
(c) used a postage stamp that had been obliterated [or defaced] by a mark made on it at a post office as he then well knew.
130. Fraudulent evasion of postal laws
Section 182
(a) Knowingly and fraudulently put into a post office (name thing) in [or on] which [or in or on the cover of which] there was a letter [or newspaper or (name thing) or writing or mark (give particulars)] which was not allowed by (state law) to be placed there; or
(b) Wilfully subscribed on the outside of (name thing) sent by post a statement of contents to be (state falsity) whereas the truth was (state it); or
(c) Knowingly and fraudulently put into a post office (name thing) which purported to be (name thing) exempted [or privileged] by (state law and privilege or exemption).
131. Carrying letters otherwise than by post
Section 183
Not being excepted under Section 11 of the Postal Services Act 1996 from the services reserved to Post PNG Limited—
(a) sent [or conveyed] a letter for (particulars of hire or reward) otherwise than by post; or
(b) took charge of a letter for conveyance for (particulars of hire or reward).
132. Illegally conducting postal business or obstructing post office
Section 184
(a) Without lawful excuse
(i) made an envelope [or wrapper or card or form]—
(A) an imitation of one issued by or under the authority of Post PNG Limited [or the postal authority of (name country)]; or
(B) on which there appeared (particulars of word, letter or mark) that signified or implied or reasonably induced (name person) who received it to believe that this (name article) was sent on the service of the National Government [or the Public Service of (name country)].
(ii) made on an envelope [or wrapper or card or form] for the purpose of it being issued [or sent] by post [or give particulars]—
(A) a stamp [or mark] (etc. as in (i)(A)),
(B) a (particulars of stamps) [or mark] (etc. as in (i)(B)); or
(iii) issued [or sent by post or etc.] an envelope [or wrapper or card or form] marked with (etc. as in (ii)); or
(b) Without the authority of Post PNG Limited—
(i) placed [or maintained or permitted to be placed (or maintained or to remain)] in [or on or near] (name place) under his control the words "Post Office" [or (state other words etc.) that signified or implied or reasonably induced (name person) that it was a post office]; or
(ii) placed [or permitted to be placed (or to remain)] on a vehicle under his control the words "Royal Mail" [or (state other words etc.)] that signified (etc. as in (i))]; or
(c) Without the licence of Post PNG Limited—
(i) sold [or offered or exposed for sale] a postage stamp (give particulars); or
(ii) placed [or permitted to be placed (or to remain)] on [or near] his house or premises (give particulars) the words "licensed to sell stamps" [or (state other words etc.)] that signified or (etc. as in b(i)).
133. Destroying or damaging letter receivers
Section 185
(a) Wilfully destroyed [or damaged]—
(i) (give particulars of receptacle) provided by the authority of Post PNG Limited for the reception of (name thing) intended be sent by post; or
(ii) (give details of card or notice relating to the postal service [or telegraph service] set up by Authority of Post PNG Limited; or
(b) Obliterated (details of letter or figure) on (etc. as in (a)(i) and (ii))
134. Placing injurious substances in or against letter boxes
Section 186
Placed fire [or match or (name explosive etc.) or fluid or filth (give particulars)] in [or against] (give particulars of receptacle) (etc. as in Form 133).
135. Obstructing post and telegraph offices
Section 187
Obstructed the business of (name post or telegraph office) [or (name person) lawfully going to (name post or telegraph office)] by stopping [or loitering] opposite to [or on] those premises.
136. Obstructing post and telegraph officers in the execution of duty
Section 188
(a) (name person) employed by [or under] Papua New Guinea Telecommunication Authority or Post PNG Limited or Telikom PNG Limited in the execution of the duties of his employment; or
(b) the business of (name post or telegraph office) whilst in it [or within premises appertaining to or used with] with it.
2. Refused [or failed to comply] with a request made by (name person) employed by [or under] Papua New Guinea Telecommunication Authority or Post PNG Limited or Telikom PNG Limited to leave (name post or telegraph office or premises).
137. Interference with telegraphs
Section 189
Wilfully and unlawfully [attempted to]—
(a) destroyed [or damaged or removed] (give particulars) used in the working of [or in connection with] an electric telegraph under the control of Telikom PNG Limited; or
(b) prevented [or obstructed] the sending [or delivering] of a communication by electric telegraph under the control of Telikom PNG Limited by (give particulars of obstruction etc.)
138. Negligently injuring telegraphs
Section 190
Negligently destroyed [or damaged] (give particulars) used in connection with an electric telegraph under the control of Telikom PNG Limited.
Section 191
Being employed in (name telegraph office) published [or communicated] the contents [or substance] of a telegram to (name person) a person to whom he was not authorized to deliver it.
140. Making charges for use of telegraph hire without authority
Section 192
Being entitled under an agreement with the Papua New Guinea Telecommunication Authority to use a telegraph line (name line) demanded [or received] (give particulars of payment or valuable consideration) from (name person) for the use of that line.
141. Obstructing possession of posts and telegraph offices
Section 193
Wilfully—
(a) Obstructed [or delayed] (name person) duly authorized by Telikom PNG Limited to enter (name post or telegraph office) [or to take possession of (give particulars of things) which belongs [or appertains] to Telikom PNG Limited; or
(b) interfered with (name person) (etc. as in (a)) and who was in the post office [or telegraph office or premises] for a reasonable time for the purpose of taking possession of it.
Section 194
Resisted (name person) employed by or under Papua New Guinea Telecommunication Authority or Post PNG Limited or Telikom PNG Limited who was engaged in the execution of his duty in (give particulars).
Division 9.—Miscellaneous offences against public authority
143. False declaration as to execution of sentence of death
Section 195
Subscribed a certificate [or declaration] as to the execution of sentence of death upon (name person and particulars of execution) which was false in a material particular in that it stated (state falsity) and the truth was (state it) as he then knew.
144. False statements required to be under oath or solemn declaration
Section 196
Being required by law to verify on his oath [or solemn declaration or solemn affirmation] a statement concerning (state circumstances and short particulars of statement on which the obligation to verify arose) made such a statement which was false in a material particular in that it stated (state falsity) and the truth was (state it) as he then knew. And (the accused) verified this statement on his oath [or solemn declaration or solemn affirmation].
145. False declarations and statements
Section 197
Being permitted [or required] by law to make a statement [or declaration] concerning (state subject matter of statement to show that is permitted or required by law) made such a statement before (name person) a Commissioner of Oaths (or state other person), authorized by law to permit the statement [or declaration] to be made before him, which statement was false in a material particular in that it stated (state falsity) and the truth was (state it) as he then knew).
146. Shooting at customs boats or officers
Section 198
(a) Shot at a vessel which was then in use by (name person) an officer of Customs engaged in the execution of his duty as such officer; or
(b) Shot at [or wounded or caused grievous bodily harm] to (name person) an officer of Customs engaged in the execution of his duty in the prevention of smuggling [or (name person) acting in aid of an officer of Customs engaged in the execution of his duty in the prevention of smuggling]
147. Resisting officers engaged in preventing smuggling
Section 199
Assaulted [or obstructed or resisted) with violence—
(a) (name person) an officer of Customs [or a person duly employed for the prevention of smuggling] engaged in the execution of his duty in the prevention of smuggling; or
(b) (name person) acting in aid of an officer of Customs (or etc. as in (a)).
148. Resisting Customs officer
Section 200
(a) Assaulted [or Obstructed]—
(i) (name person) an officer of Customs [or a person duly employed for the prevention of smuggling] engaged in—
(A) the execution of his duty under laws relating to customs; or
(B) the seizure of goods liable to forfeiture under laws relating to customs; or
(ii) (name person) acting in aid of an officer (etc. as in (i)); or
(b) Rescued [or attempted to rescue] (name goods) seized as liable to forfeiture under laws relating to Customs; or
(c) Before [or at or after] the seizure of (name goods) seized as liable to forfeiture under laws relating to Customs staved [or broke or destroyed or attempted to stave etc.] these goods with intent to prevent their seizure [or securing].
149. Resisting Public Officers
Section 201
Obstructed [or Resisted]—
(a) (name person) a Public Officer engaged in the discharge [or attempted discharge] of his duties as (give particulars) under the (state law); or
(b) (name person) engaged in the discharge (or attempted discharge) of his duty as (give particulars) under the (state law).
150. Refusal of Public Officer to perform duty
Section 202
Was employed in the Public Service [or as an officer of the National Court etc.] perversely and without lawful excuse omitted [or refused] to do his duty of (state duty).
151. Neglect of Police Officer to suppress riot
Section 203
Being a member of the Police Force and having notice that there was a riot in his neighbourhood without reasonable excuse omitted to do his duty in suppressing it.
152. Neglect to aid in suppressing riot
Section 204
Having had reasonable notice that he was required to assist (name person) a member of the Police Force in suppressing a riot, without reasonable excuse omitted to assist him.
153. Neglect to aid in arresting offenders
Section 205
Having had reasonable notice that he was required to assist (name person) a commissioned officer of the Police Force, to arrest (name person) [or in preserving the peace] without reasonable excuse omitted to assist him.
154. Disobedience to lawful order issued by statutory authority
Section 206
Without lawful excuse disobeyed a lawful order issued by (name court) [or by (name person) authorized by law and to make an order] whereby it was ordered (state particulars of order).
PART IV.—ACTS INJURIOUS TO THE PUBLIC IN GENERAL
Division 1.—Offences relating to religious worship
155. Offering violence to officiating ministers of religion
Section 207
(a) By threats [or force]—
(i) prevented [or attempted to prevent] (name person), a minister of religion, from lawfully officiating in a place of religious worship [or from performing his duty in the lawful burial of the dead in a cemetery or burial place]; or
(ii) obstructed [or attempted to obstruct] (name person), a minister of religion, while he was lawfully officiating in a place of religious worship [or while he was performing his duty in the lawful burial of the dead in a cemetery or burial place].
(b) Assaulted (or Arrested, under the presence of executing civil process) (name person), a minister of religion, who was then, as (the accused) well knew, engaged [or about to engage] in lawfully officiating in a place of religious worship [or in performing his duty in (as in (a))] [or who was then, as (the accused) well knew, going to lawfully officiate in a place of religious worship] [or going to perform his duty, (as above) or returning from lawfully officiating, (as above) or returning from performing his duty, (as above)].
156. Disturbing religious worship
Section 208
Wilfully and without lawful justification or excuse—
(a) disquieted [or disturbed] a meeting of persons lawfully assembled for religious worship; or
(b) assaulted (name person), while he was lawfully officiating at [or while assembled at] a meeting of persons lawfully assembled for religious worship.
Division 2.—Offences against sexual morality
Section 210
(a) Had carnal knowledge of (name person) against the order of nature.
(b) Had carnal knowledge of a (name animal).
(c) Permitted (name person) to have carnal knowledge of him [or her] against the order of nature.
For an attempt the words "Attempted to have" to be used.
158. Indecent treatment of boys under fourteen
Section 211
Unlawfully and indecently dealt with (name person), a boy under the age of fourteen years.
159. Indecent practice between males
Section 212
(a) Committed an act of gross indecency with (name person), a male person.
(b) Procured (name person), a male person, to commit an act of gross indecency with him.
(c) Attempted to procure (name person), a male person, to commit an act of gross indecency with him [or with (name person), another male person].
160. Defilement of girls under twelve
Section 213
(1) Unlawfully had carnal knowledge of (name person) a girl under the age of twelve years.
(2) Attempted to have unlawful carnal knowledge of (name person), a girl under the age of twelve years.
161. Householder permitting defilement of young girls on his premises
Section 214
Being the owner [or occupier, or then having (or acting in or assisting in) the management (or control)] of premises at (place), induced [or knowingly permitted] (name person) a girl under the age of twelve [or sixteen] years, to resort to [or to be in (or on)] these premises for the purpose of being unlawfully carnally known by a man.
162. Attempt to abuse girls under 10
Section 215
Attempted to have unlawful carnal knowledge of (name person), a girl under the age of ten years.
163. Defilement of girls under 16 and idiots
Section 216
(1) Had [or Attempted to have] unlawful carnal knowledge of (name person), a girl under the age of sixteen years.
(2) Had [or Attempted to have] unlawful carnal knowledge of (name person), an idiot [or an imbecile]: And (the accused) then knew that this person was an idiot [or an imbecile].
164. Indecent treatment of girls under sixteen
Section 217
Unlawfully and indecently dealt with (name person), a girl under the age of sixteen years.
Section 218
Procured [or enticed or led away] (name person) with intent that some other person may have carnal knowledge of her at (place).
166. Procuring girl or woman by drugs
Section 219
(a) By fraud [or violence, etc.]; or
(b) By use of a drug (name it) [or intoxicating liquor] (name it),
procured [or enticed etc.] (name person) with intent that some other person may have carnal knowledge of her at (place).
167. Abduction of girl under 18 with intent to have carnal knowledge
Section 220
Took [or caused to be taken] (name person), an unmarried girl under the age of eighteen years out of the custody [or protection] of (name person), who then had the lawful care [or charge] of her, and against the will of this person, with intent that she might be unlawfully carnally known by a man.
168. Unlawful detention with intent to defile or in a brothel
Section 991
(a) Detained (name person) against her will in [or on] premises for the purpose of her being unlawfully carnally known by a man; or
(b) Detained (name person) against her will in a brothel.
Section 222
Conspired with (name person) to induce (name person), by falsely pretending to her that (state nature of false presence) [or by fraudulently (state fraud)], to permit (name person) to have unlawful carnal knowledge of her.
Section 223
(1) Carnally knew (name person) who was his (state relationship) as he well knew; or
(2) Attempted to have carnal knowledge of (as above).
Section 224
Being of [or above] the age of eighteen years, permitted (name person) who was (state relationship), to have carnal knowledge of her: And (the accused) then well knew he was her (state relationship).
172. Attempts to procure abortion
Section 225
(1) Unlawfully administered poison [or noxious thing], (name it), to (name person) [or Unlawfully caused (name person) to take poison (or etc., as above) or Unlawfully used force (or means) (describe force or means)] to (name person), with intent thereby then to procure her miscarriage.
(2) Unlawfully administered to herself poison [or noxious thing] (describe it) [or Unlawfully used force (or means) (describe force or means) to herself)], with intent thereby then to procure her own miscarriage.
173. Supplying drugs or instruments to procure abortion
Section 226
Unlawfully supplied to [or procured for] (name person) (describe thing) which was intended by this person to be unlawfully used to procure the miscarriage of (name person), as (the accused) then well knew.
Section 227
(a) Wilfully and without excuse did (particulars of act) in a place to which the public were permitted to have access; or
(b) Wilfully did (particulars of act) with intent thereby to insult [or offend] (name person) [or whereby (name person) was insulted (or offended)].
175. Obscene publications and exhibitions
Section 228
Knowingly and without lawful justification or excuse—
(a) Publicly sold [or exposed for sale] (describe object) of such a nature as to tend to corrupt public morals; or
(b) Exposed to view in a place to which the public were permitted access (describe object) of such a nature as to tend to corrupt public morals; or
(c) Publicly exhibited an indecent show [or performance]; or
(d) Produced [or has in his possession] an obscene (state and describe object) for the purposes of [or by way of] trade, etc.; or
(e) Imported (etc. as in s228) as in (d); or
(f) Carried on [or took part in (or deals in or distributes etc.]) obscene matter [or thing] (describe); or
(g) Advertised [or made known] that (name person) was engaged in (describe) [or how or from whom] obscene matter [or thing] (describe) can be procured.
Division 3.—Nuisances: misconduct relating to corpses
Section 230
(a) Without lawful justification or excuse did [or omitted to do] (describe act or omission) and caused danger to the lives [or safety or health] of the public; or
(b) Without lawful justification or excuse on [or in] property under his control did [or omitted to do]) (describe act or omission) and caused danger to the property, [or comfort etc. or caused injury to the person of (name person)].
Section 231
Kept a house [or room or set of rooms etc.] for the purpose of prostitution.
Section 232
Kept a common gaming house (describe in terms of s232(a) (b)).
Section 233
(1) Had the use [or management or assisted in conducting the business] of a betting house; or
(2) Opened (or Used) a betting house; or
(3) Being the owner (or occupier) of a house [or room etc.] knowingly and wilfully permitted it to be opened [or kept etc.] as a betting house by (name person).
Section 234
Unlawfully opened [or kept or used] (describe place) for carrying on a lottery.
181. Acting as keeper of bawdy houses, gaming houses, betting houses and lotteries
Section 99
Kept a house [or room etc.] for the purpose of prostitution [or a gaming house] etc.
182. Misconduct with regard to corpses
Section 236
Without lawful justification or excuse—
(a) Neglected to perform a duty imposed on him by law in that he (describe duty); or
(b) Improperly [or indecently] interfered with [or offered an indignity to] a dead human body [or human remains] by (describe act).
Division 4.—Offences against public health
183. False information as to health on foreign ships
Section 237
Being the Master [or Medical Officer] of (name ship) then arrived from overseas—
(a) Neglected [or refused] to give to (name person) an officer employed in the Public Service information which he was required by law to give to that officer with respect to (state information); or
(b) Gave information to (name person) an officer employed in the Public Service which he was required by law to give that officer with respect to (state information) which was false in that (state falsity) the truth being (state it) as he then well knew.
184. Exposing for sale things unfit for food
Section 238
(a) Knowingly exposed (describe) for sale for the food of man; or
(b) Had in his possession (describe) with intent to sell it for food of man which was unfit for the food of man, as he then well knew.
Section 239
(a) Knowingly took into a slaughter-house used for the slaughter of animals intended for food of man [part of] (specify animal carcass) which had died of disease; or
(b) Knowingly sold [or exposed for sale] [part of] (specify animal carcass) which had died of disease [or which was diseased when slaughtered], and which was not authorized by the Slaughtering Act.
Section 240
(a) Put [or Mixed] a deleterious [or poisonous substance] (name it), into [or with] spirituous [or fermented] liquor, (name liquor); or
(b) Sold [or (describe its disposition)] [or kept for sale] spirituous [or fermented] liquor, (name liquor), into [or with] which a deleterious (or poisonous substance) (name it) had been put [or mixed].
Division 5.—Miscellaneous offences
187. Dealing with land fraudulently acquired from the State
Section 241
Bought [or took a lease (describe)] from (name person) of land [or an estate in land] (describe sufficiently to identify it) which had then been acquired by that person by means of a fraudulent evasion of the provisions of (state law) by (briefly describe the fraud) And (the accused) knew that this land had been acquired by such fraudulent evasion.
188. Fraudulent destruction or removal of goods liable to duty
Section 242
Fraudulently destroyed [or took from (detail place of detention)] goods (give particulars) which were liable to the payment of duty and which were then in this lawful place of deposit [or detention] for the purpose of securing payment of duty.
PART V.—OFFENCES AGAINST THE PERSON AND RELATING TO MARRIAGE AND PARENTAL RIGHTS AND DUTIES AND AGAINST THE REPUTATION OF INDIVIDUALS
Division 3.—Homicides, suicides, concealment of birth
Section 299
Wilfully murdered (name person).
Section 300
Murdered (name person).
Section 301
By a wilful act [or omission] (state act or omission) caused the death of (name child) who was her child then aged (state). And at this time the balance of her mind was disturbed by reason of (state reason in terms of section).
Section 302
Unlawfully killed (name person).
Section 304
(a) Attempted unlawfully to kill (name person); or
(b) With intent unlawfully to kill (name person) did [or omitted to do] (state act or omission) that was his duty then to do, and such act [or omission] was likely to endanger the life of (state person).
194. Accessory after the fact to murder
Section 305
Knowing that (name person) had on the (name date and place) [wilfully] murdered (name person) received [or assisted] him in order to enable him to escape punishment.
Section 306
Caused (name person) to receive (give particulars of writing) threatening to kill (name person). And (the accused) then knew the contents of this writing.
Section 307
Conspired with (name person) to kill (name person).
197. Urging, etc., unlawful killing
Section 308
(a) Incited [or encouraged or urged or counselled or commanded] (name person) to unlawfully kill (name person); or
(b) Did [or omitted to do] (state act) for the purpose of facilitating [or enabling or assisting] the unlawful killing of (name person).
198. Failure to report killing or intended killing
Section 309
Knowing that (name person)—
(a) intended to kill [or expressed an intention to kill] (name person) and did (state steps taken by accused) to put this intention into effect; or
(b) did [or omitted to do] (state particulars in terms of s308); or
(c) had killed (name person),
failed to take reasonable steps to report this to (state relevant authority) as soon as practicable.
Section 310
(a) Procured (name person) to kill himself; or
(b) Counselled (name person) to kill himself and induced him to do so; or
(c) Aided (name person) in killing himself.
200. Attempting to commit suicide
Seection 311
Attempted to kill himself.
Section 312
Being then about to be delivered of a child unlawfully prevented the child from being born alive.
202. Concealing the birth of children
Section 313
Endeavoured, by secret disposition of the dead body of a child of which she [or (name person)] had then lately been delivered, to conceal the birth of that child.
Section 313A
(a) Killed [or Caused serious bodily (or mental harm) (etc. in terms of ss(2))] (name persons) members of (name group) with intent to destroy [in part] that group; or
(b) Conspired with (name person) to kill (etc. as in (a)); or
(c) Incited (name person) to kill (etc. as in (a)); or
(d) Attempted to kill (etc. as in (a)); or
(e) Took part in killing (etc. as in (a)).
Division 4.—Offences endangering life or health
204. Disabling or stupefying in order to commit indictable offence
Section 314
(1) By means calculated to choke [or suffocate or strangle] by (give particulars) with intent to—
(a) facilitate the commission of the indictable offence of (state offence); or
(b) facilitate the flight of (name person) after the commission [or attempted commission] by him of the indictable offence of (state offence),
made [or attempted to make] (name person) incapable of resistance.
(2) Administered [or attempted to administer] (name drug) to (name person) with intent to as in (1)(a) or (b)).
205. Acts intended to cause grievous bodily harm or prevent apprehension
Section 315
With intent to maim [or disfigure or disable or do grievous bodily harm etc.] unlawfully wounded [or did grievous bodily harm etc.] [or as in s.315, naming person, projectile or substance].
206. Taking or sending dangerous goods on aircraft
Section 316
(2)(a) Carried [or placed] dangerous goods (give particulars) on board an aircraft (give particulars); or
(b) delivered dangerous goods (give particulars) to (name person) for the purpose of placing these goods on board an aircraft (give particulars); or
(c) had dangerous goods (give particulars) in his possession on board an aircraft (give particulars).
207. Endangering safety of persons travelling by aircraft
Section 317
With intent to injure [or to endanger the safety of] (name person) [or any person] whilst on board an aircraft—
(a) dealt with the aircraft [or (state thing) on or near the aircraft] [or (state thing) connected with guidance or operation of the aircraft] by (state the manner) as to affect [or endanger or be likely to affect or endanger] the free and safe use of the aircraft [or the safety of this person]; or
(b) omitted to carry out his duty (state duty) and caused the safety of this person to be endangered.
208. Preventing escape from wreck
Section 318
(a) Unlawfully prevented [or obstructed] (name person) then on board [or then escaping from] a vessel in distress [or a wrecked vessel or a vessel cast ashore] in his endeavours to save his life; or
(b) Unlawfully obstructed (name person) in his endeavours to save the life of (name person) then on board [or then escaping from a vessel in distress or a wrecked vessel or a vessel cast ashore].
Section 319
Unlawfully did grievous bodily harm to (name person).
210. Attempting to injure by explosive substance
Section 320
Unlawfully put an explosive substance (describe it) in (name place) with intent then to do bodily harm to (name person).
211. Maliciously administering poison with intent to harm
Section 321
Unlawfully and with intent to injure [or annoy] (name person) caused poison [or a noxious thing] (give particulars) to be administered to [or taken by] him and by doing so)—
(a) endangered his life; or
(b) caused him grievous bodily harm.
212. Wounding and similar acts
Section 322
(a) Unlawfully injured (name person); or
(b) Unlawfully and with intent to injure [or annoy] (name person) caused poison [or a noxious thing] (give particulars), to be administered [or taken] by him.
213. Failure to supply necessaries
Section 323
Being charged with the duty of providing the necessaries of life for (name person) without lawful excuse failed to do so and his life was [or likely to be] endangered [or health was (or likely to be) permanently injured].
213. Endangering life or health of apprentices or servants
Section 324
As a master, being charged with the duty providing necessary food [or clothing or lodging] for (name person) a servant [or apprentice] under the age of 16 years—
(a) unlawfully failed to provide such food [or clothing or lodging]; or
(b) did bodily harm [or caused bodily harm to be done to] him and whose life was [or was likely to be] endangered [or whose health was (or likely to be) permanently injured].
214. Endangering life of children by exposure
Section 325
Unlawfully abandoned or exposed (name person), a child under the age of two years and whose—
(a) life was [or was likely to be] endangered; or
(b) health was [or was likely to be] permanently injured.
Section 326
(1) (a) Set [or placed] a spring gun [or man trap or etc.] (describe it); or
(b) Caused to be set [or placed] a spring gun (etc.); or
(c) Placed in such a place and in such a manner a spring gun (etc.),
with intent that it might kill [or inflict grievous bodily harm upon] a trespasser [or a person coming in contact with it] and,
such spring gun [or man trap or etc.] was not one usually set for the purpose of destroying vermin; or
such spring gun [or man trap or etc.] was not set at night in a dwelling house for its protection.
(2) Knowingly permitted a spring gun [or man trap or etc.] that had been set [or placed] by (name person) in such a place and in such a manner that it was likely to kill (etc. as in (1)) to continue so set [or placed] in that place [or which afterwards came into his possession (or occupation)].
216. Negligent acts causing harm
Section 327
Unlawfully did [or omitted] to (state act or omission) and caused actual bodily harm to (name person).
217. Dangerous driving of a motor vehicle
Section 328
Drove a motor vehicle on a road [or in a public place] (give particulars) dangerously and thereby caused the death of [or grievous bodily harm to] (name person).
218. Sending or taking unseaworthy ships to sea
Section 331
(a) Sent [or attempted to send] the ship (name it) to sea in such an unseaworthy state that the lives of persons on board that ship were likely to be endangered; or
(b) Being the master of the ship (name it), knowingly took [or attempted to take] the ship to sea in such an unseaworthy state that the lives of the persons on board that ship were likely to be endangered.
219. Endangering steamship by tampering with machinery
Section 112
(1) Then having actual control over the steam vessel (name it) [or over part of the machinery of the steam vessel (name it)] did [or omitted to do or was privy to an act or omission] (state act or omission) whereby the safety of persons on board this vessel were endangered [or likely to be endangered) as (the accused) then well knew.
(2) Being the engineer [or an engineer] in charge of the machinery on the steam vessel (name it) when (name person) did [or omitted to do] (state act or omission) whereby (as in (1)).
220. Evading laws as to equipment of ships and shipping dangerous goods
Section 333
(a) Then having actual control over the vessel (name it), which had (name article) placed on board with his knowledge [or consent], in order to obtain permission (or authority) for the vessel to leave (name port), removed [or allowed the removal of] this article from ship after such permission [or authority] had been so obtained; or
(b) Knowingly sent by a vessel (name it) [or knowingly carried in the vessel (name it)]
(i) an explosive substance (name it); or
(ii) an acid [or a thing of a dangerous or destructive nature] (name it),
under a false description [or with a false description of the sender].
Section 334
(a) Being charged by law with the duty of (state duty in relation to landing etc. of explosives, etc.) and being then about to land or deliver from the vessel (name it) explosives [or acid or etc.] (name it) failed to perform that duty; or
(b) Being concerned in the landing of explosives [or acid or etc.] (name it) from the vessel (name it) violated the provisions of (state law) in that he (state violation).
Unlawfully assaulted (name person).
Section 335
223. Assault with intent to commit unnatural offence
Section 396
Assaulted (name person), with intent to have carnal knowledge of him against the order of nature.
224. Indecent assault on males
Section 337
Unlawfully and indecently assaulted (name person).
225. Assault on persons protecting wreck
Section 338
Unlawfully assaulted (name person) then acting in the execution of his duty as (name position) in [or concerning] the preservation of—
(a) a vessel in distress; or
(b) a vessel [or goods] wrecked [or stranded or cast on shore or lying under the water],
and then and there used actual violence to him.
226. Assaults of member of crew on aircraft
Section 339
Whilst on board an aircraft—
(a) assaulted (name person), a member of the crew of the aircraft; or
(b) threatened (name person) a member of the crew of the aircraft with violence [or injury or detriment to be caused to him or to (name person)],
with intent to—
(c) affect the performance of his functions [or duties] as a member of the crew in the operation of the aircraft; or
(d) lessen his ability to perform his functions [or duties] as a member of the crew in the operation of the aircraft.
227. Assault occasioning bodily harm
Section 340
Unlawfully assaulted (name person) and by doing so caused him bodily harm.
229. Serious assaults
Section 341
(a) Assaulted (name person), with intent to—
(i) (state the crime intended); or
(ii) resist [or to prevent] the lawful arrest [or detention] of himself or of (name person); or
(b) Assaulted [or resisted or wilfully obstructed] (name person)—
(i) in the execution of his duty as a police officer in (state duty being performed); or
(ii) then acting in aid of (name person) a police officer, while acting in execution of his duty; or
(c) Unlawfully assaulted [or resisted or obstructed] (name person), while he was engaged in the lawful execution of process of the (name court) against property [or in making a lawful distress]; or
(d) Assaulted [or resisted or obstructed] (name person), while he was engaged in the lawful execution of process of the (name court) against property [or engaged in making a lawful distress], with intent then to rescue property lawfully taken under such process [or distress]; or
(e) Assaulted (name person) on account of his having in the execution of his duty as a (state position) done (state particulars of act); or
(f) Assaulted (name person), in pursuance of an unlawful conspiracy respecting (state conspiracy in terms of the section).
Division 7.—Assaults on female: Abduction
Section 347
Committed rape upon (name person).
Section 343
Attempted to commit rape upon (name person).
231. Indecent assaults on female
Section 349
Unlawfully and indecently assaulted (name person).
Section 350
(1)(a) Took away [or detained] (name person), against her will with intent—
(i) to marry [or carnally know] her; or
(ii) to cause her to be married [or carnally be known by] (name person).
Division 8.—Offences against liberty
Section 353
Forcibly took (or Forcibly detained) (name person) with intent to compel him to work for (the accused) against his will.
Section 354
(1)(a) Took [or Enticed away or Detained] (name person) by a demand containing threats of injury [or detriment] to him by (the accused) [or by (name person)] if the demand was not compiled with and with intent—
(i) to extort [or gain] (give particulars) from (name person); or
(ii) to procure (give particulars of act to be done or omitted) by (name person); or
(b) Received [or harboured] (name person) against whom a demand containing threats of injury [or detriment] to him (etc. as in (a)): And (the accused) then knew that he had been taken [or enticed, etc.] with that intent; or
(2) Attempted to take [or entice away or detain] (etc. as in (a)); or
Attempted knowingly to receive [or harbour] (etc. as in (b)).
Section 355
(a) Unlawfully confined [or detained] (name person) in (give particulars) against his will; or
(b) Unlawfully deprived (name person) by (give particulars) against his will.
236. False certificates by officers charged with duties relating to liberty
Section 356
(a) Being required by law to give a certificate concerning (give particulars) of (name person) whereby his liberty might be affected, gave such a certificate which was false in a material particular in that (the accused) certified that (state falsity) whereas the truth was (state it) as he then well knew.
(b) Gave a certificate concerning (give particulars) of (name person) whereby his liberty might be affected and represented himself to be a person authorized by law to give such a certificate and he was not a person so authorized by law to give this certificate.
237. Concealment of matters affecting liberty
Section 357
Being (state lawful position of person) and being in that capacity required by law to keep a record concerning (give particulars) of (name person) then confined in (give particulars)—
(i) refused [or neglected] to keep such record; or
(ii) made in such record an entry which was false on a material particular in that (the accused) entered (state falsity) whereas the truth was (state it) as he then well knew.
(b) Being (state lawful position of person) and being in that capacity required by law to give information to (name person and position) concerning (give particulars) of (name person) then confined in (give particulars) [or to show (name person and position) (give particulars) concerning (name person) then confined in (give particulars)]—
(i) refused [or neglected] to give such information [or to show etc.]; or
(ii) gave to (name person and position) information concerning (give particulars) of (name person) which was false in a material particular in that he informed (name person) that (state falsity) whereas the truth was (state it) as he then well knew.
238. Unlawful custody of person of unsound mind
Section 358
Detained [or Assumed the custody] of (name person) a person of unsound mind contrary to the provisions of (state law) by detaining him (etc. give particulars of illegality).
Section 359
Threatened to injure [or state detriment] to (name person) with intent to—
(a) Prevent [or hinder] him from doing (give particulars of lawful act); or
(b) Compel him to do (give particulars of act he is lawfully entitled to abstain from).
Division 9.—Bigamy and offences relating to parental rights and duties
Section 360
Being then lawfully married to (name person) went through the form [or ceremony] of marriage with (name person).
Section 361
(a) Forcibly [or Fraudulently] took [or enticed] away [or detained] (name person) a child under the age of 14 years with intent to deprive (name person) the parent [or guardian or who then had the lawful care (or charge) of the child] of the possession of the child [or with intent to steal articles on (or about) the person of the child]; or
(b) Received [or Harboured] (name person) a child under the age of 14 years (etc. as in (a)) then knowing that the child had been forcibly [or fraudulently] taken [or enticed] away [or detained] with this intent.
Section 362
Being a parent of (name person) a child under the age of 14 years and being able to maintain him wilfully and without lawful cause deserted him and left him without means of support.
PART VI.—OFFENCES RELATING TO PROPERTY AND CONTRACT
Division 1.—Stealing and similar offences
Section 372
(1) Stole (give particulars) the property of (name person).
(2) Stole (name testamentary instrument) purporting to be the (name testamentary instrument) of (name person).
(3) Stole (give particulars) the property of Post PNG Limited which was then in the course of transmission by post.
(4) Stole an aircraft (give particulars) the property of (name person or owner).
(5) (a) Stole (etc. as in (1)) from his person; or
(b) (i) Stole (etc. as in (1)) of or value in excess of [K10] from his dwelling house [or from the dwelling house of (name person)]; or
(ii) Stole (as in (1)) in a dwelling house, And (the accused) then and there used [or threatened to use] violence to (name person) then being in that dwelling house; or
(c) Stole (etc. as in (1)) from (give particulars) a vessel [or a vehicle or place of deposit] then used for the conveyance [or custody] of goods in transit from one place to another; or
(d) Stole (etc. as in (1)) from a vessel then in distress [or wrecked or stranded]; or
(e) Stole (etc. as in (1)) and in order to steal it opened a locked room [or box or receptacle] (give particulars) by means of a key (or give particulars)].
(6) Being then employed in the Public Service stole (give particulars)—
(a) the property of the State; or
(b) which had come into his possession by virtue of his employment.
(7) Being a clerk [or servant] of (name person) stole (give particulars)—
(a) his property; or
(b) which had come into his possession on account of him.
(8) Being a director [or officer] of (name corporation) stole (give particulars) the property of that corporation.
(9) Stole (as in (1)) (and where appropriate)—
(a) Which had then been received by him with a power of attorney for its disposition; or
(b) Which money had then been received by him with a direction that it should be applied to (give particulars) [or paid to (name person)]; or
(c) Being the proceeds [or part of the proceeds] of a valuable security which had been received by him with a direction that such proceeds should be applied to (etc. as in (b)); or
(d) Being the proceeds [or part of the proceeds] from the disposition of property which had been received by him by virtue of a power of attorney authorizing him to make such disposition and which power of attorney had been received by him with a direction that these proceeds be so (etc. as in (b)).
(10) K1000 [or (give particulars) of the value of K1000,] the property of (name person).
(11) Which had been let to him to be used by him with a house [or lodging] and which was of the value of K100.
(12) And—
(i) he had previously, on the (give details of time, place and court) been convicted of (set out previous conviction as in an indictment); or
(ii) he had previously, on the (give details of time, place and court) and on (etc.) been summarily convicted of (set out two previous convictions as in information).
Subdivision C.—Offences analogous to stealing
Section 373
Concealed [or took from its lawful place of deposit]—
(a) a register then authorized [or required] by law to be kept—
(i) authenticating [or recording] the title to real property [or personal property]; or
(ii) for recording births [or baptisms or marriages or deaths or burials]; or
(b) a copy of part of a register then (etc. as in (a)) which copy was required by law to be sent to (name public officer) with intent to defraud.
Section 374
Concealed (name testamentary instrument) purporting to be the (name testamentary instrument) of (name person) with intent to defraud.
Section 375
Concealed [part of] a document which was evidence of the title of (name person) to land at (place) with intent to defraud.
247. Killing animals with intent to steal
Section 376
Killed a (name animal) with intent to steal [part of] the skin [or carcass] of it.
249. Severing with intent to steal.
Section 377
Made movable a (give particulars of thing) the property of (name person) with intent to steal it.
249. Using registered brands with criminal intention
Section 378
Branded [or marked] (name animal) with the registered brand [or mark] of (name owner of brand) with intent then to facilitate the commission of a crime.
250. Fraudulently dealing with minerals in mines
Section 379
Took [or Concealed or Sold] (give particulars of ore/metal) in [or about] a mine, the property of (name owner) with intent to defraud (name person).
251. Bringing stolen goods into Papua New Guinea
Section 380
Having at (name, place and country) obtained (name property) by such means that if obtained in Papua New Guinea by the same means he would have been guilty of stealing it, brought it into [or had it in his possession in] Papua New Guinea and the obtaining of it by these mean was an offence under the laws in force in (name country).
252. Fraudulent disposition of mortgaged goods
Section 381
Being the mortgagor of (name goods) which were then mortgaged to (name person) removed [or disposed] of these goods without his consent and with intent to defraud.
253. Fraudulent appropriation of power
Section 382
Fraudulently abstracted [or diverted to his own use (or to the use of (name person)] mechanical [or illuminating or electrical] power from a machine [or apparatus or substance] the property of (name owner).
254. Unlawfully using motor vehicles, etc.
Section 383
Unlawfully used a motor vehicle [or aircraft] (give particulars) the property of (name person) without his consent [or without the consent of (name person) in lawful possession of it].
255. Misappropriation of property
Section 383A
(1) Dishonestly applied to his own use [or to the use of (name person)]—
(a) (particulars of property) belonging to (name person); or
(b) (particulars of property) in his possession [or control] subject to a trust [or direction or on account of (name person)].
(2) Being a director of (name company) dishonestly applied (etc. as in (1)); or
Being employed by (name person) dishonestly applied (etc. as in (1)).
Subdivision D.—Stealing with violence: Extortion by threats
Section 384 to 386
Stole from (name person) with actual violence (name thing) the property of (name owner) And at this time—
(i) was armed with (name weapon) a dangerous or offensive weapon [or instrument]; or
(ii) was in company with another person [or other persons]; or
(iii) wounded [or used personal violence to] him [or (name person)].
257. Attempted robbery accompanied by wounding or in company
Section 387
(1) Assaulted (name person) with intent to steal and used [or threatened to use] actual violence in order to—
(a) obtain the thing which he intended to steal; or
(b) prevent [or overcome] resistance to this intended stealing.
(2) As in (1)—
(a) And at that time was armed with (name weapon) a dangerous [or offensive] weapon [or instrument]; or
(b) And at that time was in company with another person [or other persons].
(3) As in (1)—
(a) And at that time was armed with (name loaded arms) and wounded (name person) by discharging this loaded arms.
258. Assault with intent to steal
Section 386
Assaulted (name person) with intent to steal.
259. Demanding property with menaces with intent to steal
Section 389
Demanded (name thing) from (name person) with intent to steal it and then threatened him that (state threat, injury or detriment) would be caused to him if he did not comply with this demand.
260. Demanding property by written or oral threats
(a) Caused (name person) to receive a writing demanding from him [or (name person)] (state demand) without reasonable or probable cause, and which threatened that he [or (name person)] would (state injury or detriment) if he did not comply with this demand, with intent to extort [or gain] (give particulars) from him and then knowing the contents of this writing; or
(b) Orally demanded from (name person) (state demand) without reasonable or probable cause and which threatened that he [or (name person)] would (state threat) if he did not comply with this demand with intent to extort [or gain] (give particulars) from him.
261. Attempts at extortion by threats
Section 391
(a) Accused [or threatened to accuse] (name person) of—
(i) committing (name and give particulars of offence) an indictable offence; or
(ii) offering [or making a solicitation or threat] to (name person) as an inducement to him to commit [or permit the commission of] (name offence and give particulars) an indictable offence,
with intent then to extort [or gain] (give particulars) from him [or from (name person)]; or
(b) Threatened (name person) that he will be accused by (name person) of (etc. as in (a)); or
(c) Caused (name person) to receive a writing containing an accusation against him [or (name person)] [or containing a threat that he [or (name person)] would be accused] of (etc. as in (a)) and then knowing the contents of this writing.
262. Procuring execution of deeds etc. by threats
Section 392
With intent to defraud and by means of—
(a) unlawful violence to [or restraint of] the person of (name person); or
(b) a threat of violence [or restraint to be used] to the person of (name person); or
(c) accusing [or threatening to accuse] (name person) of (as in From 261),
compelled [or induced] him [or (name person)] to execute [or make or accept or endorse etc.] (part of) a (give particulars), a valuable security; or
to write [or impress or affix] (particulars of name or seal) on to a paper [or parchment] so that it might afterwards be made [or converted] into [or used or dealt with] as (give particulars), a valuable security.
263. Taking unlawful control of aircraft
Section 393
(1) Unlawfully took [or exercised] control of an aircraft (give particulars).
(2) And immediately before [or after this]—
(a) (i) used [or threatened to use] actual violence to the person of (name person) [or property (particulars)] in order to take [or exercise] such control.
(ii) used [or threatened to use] actual violence to the person of (name person) [or property (particulars)] in order to prevent [or overcome] resistance to such control being taken [or exercised]; or
(b) armed with (particulars of weapon) a dangerous [or offensive] weapon [or instrument]; or
(c) was in company with (name person) [or others]; or
(d) fraudulently represented [or tricked or by a device, etc.] (particulars of fraud, etc.) to take [or exercise] such control.
(3) And (name person) was on board the aircraft at that time.
Subdivision E.—Burglary, housebreaking and like offences
Section 395
(1) (a) Broke and entered the dwelling house of (name person) with intent to commit a crime therein.
(b) Having entered the dwelling house of (name person)
(i) with intent to commit a crime therein broke out of it; or
(ii) committed the crime of (state it) in the dwelling house and then broke out of it.
(c) Broke and entered the dwelling house of (name person) and committed the crime of (state it) in it.
(2) Insert where appropriate—
in the night time.
265. Unlawful breaking and entering
Section 396
Unlawfully broke and entered the dwelling house of (name person).
266. Entering dwelling house with intent to commit crime
Section 397
Entered [or was in] the dwelling house of (name person) [in the night time] with intent to commit crime.
267. Breaking into buildings and committing crime
Section 399
(a) Broke and entered—
(i) (name place in terms of section) of (name owner); or
(ii) (name building) of (name person) adjacent to and occupied with the dwelling house of (name person) and committed the crime of (name it) in it; or
(b) Having committed (state crime) (etc. as in (a) (i) (ii)).
268. Breaking into buildings with intent to commit crime
Section 399
(a) Broke and entered (name place in terms of section) of (name person) with intent to commit a crime therein; or
(b) Broke and entered (name building) of (name person) adjacent to and occupied with the dwelling house of (name person) with intent to commit a crime.
269. Breaking into place of worship and committing crime
Section 400
(a) Broke and entered (name building ordinarily used for religious worship) of (state church) and committed the crime of (state it); or
(b) Having committed the crime of (state it) in (name building ordinarily used for religious worship) of (state church) broke out of it.
270. Breaking into place of worship with intent to commit crime
Section 401
Broke and entered (etc. as in Form 259 (a)) with intent to commit a crime therein.
271. Persons found armed etc. with intent to commit crime
(1) Was found—
(a) armed with (name weapon), a dangerous [or offensive] weapon [or instrument] and was so armed with intent to break [or enter] a dwelling house and commit a crime therein; or
(b) armed in the night time with (etc. as in (a)) and was so armed with intent to break [or enter] a dwelling house and commit a crime therein; or
(c) having in his possession in the night time without lawful excuse (name instrument), an instrument of house breaking; or
(d) having in his possession in the day time a (name instrument), an instrument of house breaking and had this in his possession with intent to commit a crime; or
(e) having his face masked [or blackened or disguised by (state disguise) and had his face so masked [or blackened or disguised] with intent to commit an indictable offence; or
(f) [name building] the property of (name person) in the night time and was in this building with intent to commit a crime therein.
(2) Where applicable:
And he had previously been convicted of (set out conviction as in indictment) at (Court) on (date).
Subdivision F.—Obtaining property by false pretences: Cheating
272. Obtaining goods on credit by false pretence or wilful false promise
Section 404
(1) By falsely pretending to (name person) that (state false presence)
(a) obtained from him [or (name person)] (give particulars) with intent to defraud; or
(b) induced him [or (name person)] to deliver to (name person) (give particulars of what delivered) with intent to defraud.
(2) By falsely pretending to (name person) that (state false presence) obtained credit from him [or (name person)] and at that time (the accused) had incurred a debt [or liability] as follows (give particulars).
273. Obtaining execution of valuable security by false pretence or wilful false promise
Section 405
By falsely pretending to (name person) that (state false presence) and with intent to defraud induced him [or (name person)]—
(a) to execute [or make or accept etc.] [part of] a valuable security (give particulars); or
(b) to write [or impress] [his name] [or affix a name or seal] of (name company) on [or to] a paper [or parchment] in order that it might be afterwards be made [or converted into or used, or dealt with] (give particulars) as a valuable security.
Section 408
By means of a fraudulent trick [or device]—
(a) obtained from (name person) (give particulars of what obtained); or
(b) (i) induced (name person) to deliver to him [or (name person)] (give particulars of what obtained);
(ii) induced (name person) to pay [or deliver] to him [or (name person)] (give particulars of money or goods) being a greater sum of money [or a greater quantity of goods] than he would have paid for [or delivered] to him [or (name person)] but for such fraudulent trick [or device].
Section 407
Conspired with (name person)—
(a) to affect by deceit [or by fraudulent means] the market price of [give particulars] being things then publicly sold; or
(b) to defraud the public or (name person) by deceitfully [or fraudulently] by (give particulars of fraud); or
(c) to obtain [state property] from (name person) by deceit [or fraudulent means].
276. Frauds on sale or mortgage of property
Section 408
Being then the seller [or mortgagor] of (particulars of real or personal property) [or Being the lawyer, or agent of a seller (or mortgagor) of (particulars of real or personal property)] with intent to induce (name person) who was the purchaser [or mortgagee] of this property to accept the title offered [or produced] to him and with intent to defraud—
(a) concealed from him an instrument material to title of [or an encumbrance upon] this property; or
(b) falsified a pedigree upon which the title depended [or might depend].
277. Pretending to exercise witchcraft or tell fortunes
Section 409
(a) Pretended to (name person) to exercise [or use] witchcraft [or sorcery or enchantment or conjuration]; or
(b) Undertook to (name person) to tell fortunes; or
(c) Pretended to (name person) by virtue of a skill in [or knowledge in] an occult science to discover where [or in what manner] goods supposed to have been stolen [or lost] might be found.
Subdivision G.—Receiving property stolen or fraudulently obtained and like offences
278. Receiving stolen property etc.
Section 410
(a) Received (give particulars) the property of (name person) which had been obtained by means of (state indictable offence); or
(b) Received (give particulars) the property of (name person) obtained in (state country) by means of an act which if done in Papua New Guinea would have constituted the offence of (state indictable offence) and which act was an offence under the laws in force in (state country) and knowing that this property had been so obtained.
279. Taking reward for recovery of property obtained by means of indictable offences
Section 412
Corruptly received [or obtained or agreed to receive or obtain] from (name person) (give particulars or benefit) on an agreement [or understanding] that (the accused) would help him to recover (give particulars of property)—
(c) which had been obtained by means of (state indictable offence); or
(d) which had been obtained in (state country) by means of an act which if done in Papua New Guinea would have constituted the offence of (state indictable offence) and which act was an offence under the laws in force in (state country),
And had not used all due diligence to cause the offender to be brought to trial for this offence.
Subdivision H.—Frauds by trustees and officers of corporations: Fake accounting
280. Trustees fraudulently disposing of trust property
Being a trustee of (state property) for the use or benefit of (name person) [and others] [or for a public or charitable purpose appointed under the (state Act)] for (state purpose)—
(a) destroyed the property; or
(b) converted the property to a use not allowed by the trust under which it was held
with intent to defraud.
281. Directors and officers of corporations fraudulently appropriating property, keeping fraudulent accounts or falsifying books or accounts
Section 414
Being a director [or officer] of (name corporation)—
(a) received [or possessed himself of] (state property) the property of the corporation otherwise then in payment of a debt justly due to him [or a demand justly made by him] and then omitted
(A) to make a full and true entry of it in the books and accounts of the corporation; or
(B) to cause [or direct] to be made a full and true entry of it in the books and accounts of the corporation,
with intent to defraud.
(b) Being a director [or officer or member] of (name corporation)—
(i) destroyed [or altered or mutilated or falsified] [or was privy to destroying etc.]—
(A) a book [or document or valuable security or account]; or
(B) an entry in a book [or document or valuable security or account]; or
(ii) made [or was privy to making] a false entry in a book [or document or valuable security]; or
(iii) omitted or was privy to omitting a material particular from a book [or document or valuable security],
which belonged to the corporation, with intent to defraud.
282. False statement by officials of companies
Section 415
Being a promoter [or director or officer or auditor] of (name corporation) [or of a corporation then intended to be formed and to be called (name proposed corporation)] made [or circulated or published (or concurred in the making, or circulating or publishing) of] a written statement [or account] which was false in a material particular in that (state falsity) whereas the truth was (state it) as he then well knew and with intent by so doing—
(a) to deceive [or defraud] members [or shareholders or creditors of the corporation]; or
(b) to induce (name person) [or persons]—
(i) to become members of [or to entrust or advance property] to the corporation; or
(ii) to enter into a security for the benefit of the corporation.
283. Misappropriation by members of local authorities
Section 417
Being a member of (name local authority) a Local Authority—
(a) advisedly applied (give particulars) which money formed part of a fund then under the control of the authority to a purpose to which it could not be lawfully applied by (state illegal purpose) as he then well knew; or
(b) advisedly concurred in the application of (give particulars) which money (etc. as in (a)).
284. Fraudulent false accounting
Section 418
Being a clerk [or servant] of [or being employed as clerk (or servant)] by [or being then acting in the capacity of clerk (or servant) to] (name employer)—
(a) destroyed [or altered or mutilated or falsified or was privy to the destruction of] (give particulars)—
(i) a book [or document or valuable security or account] belonging to [or in the possession of or had been received by him on account of] (his employer); or
(ii) made an entry in (give particulars), a book [or document or account] (etc. as in (i));
(b) made [or was privy to the making of] a false entry in (give particulars), a book [or document or account] (etc. as in (i)); or
(c) omitted [or was privy to the omitting of a material particular in (give particulars), a book document or account (etc as in (i)),
with intent to defraud.
285. False accounting by public officer
Section 419
Being an officer in the Public Service and charged with the receipt [or custody or management] of public revenue [or property] knowingly furnished to (name person) a false statement [or return] of—
(a) money [or property] received by him [or entrusted to his care]; or
(b) a balance of money [or property] in his possession [or under his control],
as such an officer.
Subdivision J.—Offences analogous to stealing punishable on summary conviction
286. Unlawfully using motor vehicle, bicycle, boat or canoe
Section 422
Unlawfully used (particulars of vehicle) the property of (name person) without his consent [or without the consent of (name person) then in lawful possession of it.]
Section 423
Unlawfully used (particulars of animal) the property of (etc. as in Form 285).
288. Suspicion of stealing cattle
Section 424
Was found to be in possession of part of the skin [or carcass] of (particulars of animal) and at that time this animal was suspected on reasonable grounds of having been stolen.
289. Unlawful possession of shipwrecked goods
Section 426
Was in possession of [or on whose premises was found] (name goods) belonging to the vessel (name it) then in distress [or wrecked or stranded] and at that time these goods were suspected on reasonable grounds of having been taken from the vessel.
290. Offering shipwrecked goods for sale
Section 427
Offered [or exposed] for sale (particulars of goods) suspected on reasonable grounds to have been unlawfully taken from the vessel (name it) then in distress [or wrecked or stranded].
291. Unlawfully dredging for oysters
Section 428
Unlawfully and otherwise than in the course of catching [or fishing for] swimming fish with a net [or instrument] adapted for taking swimming fish only—
(a) used a net (or name instrument) for the purpose of taking oysters [or oyster brood] within the limits of an oyster bed [or oyster laying or oyster fishery] the property of (name person) which was sufficiently marked out [or was known by general repute] as his property; or
(b) dragged with a net (or name instrument) upon the ground (or soil) of an oyster bed [or oyster laying or oyster fishery] the property of (etc. as in (a)).
Section 429
Unlawfully took [or destroyed] [or unlawfully attempted to take (or destroy)] fish in a water which was the private property of (name owner) [or in a water in which (name owner)] had a private right of fishery.
Division 2.—Injuries to property
Sections 436, (438)
Wilfully and unlawfully set fire to (name it in terms of section).
Sections 437, (439)
Attempted unlawfully to set fire to—
(a) (name it in terms of section); or
(b) Wilfully and unlawfully set fire to (give particulars) which was so situated that a (name it in terms of section) was likely to catch fire from it.
Section 440
Wilfully and unlawfully cast away [or destroyed]—
(a) the vessel (name it); or
(b) wilfully and unlawfully did an act tending to the immediate loss [or destruction] of the vessel (name it) by (give particulars of act); or
(c) with intent to bring a vessel into danger interfered with (give particulars of interference) a light [or beacon or mark or signal] used for the purposes of navigation [or for the guidance of seamen].
296. Attempts to castaway ships
Section 441
(a) Attempted to unlawfully cast away [or destroy] the vessel (name it); or
(b) Attempted to unlawfully do an act tending to the immediate loss [or destruction] of the vessel (name it) by (give particulars of act).
297. Endangering the safe use of an aircraft
Section 442
With intent to prejudice the safe use of an aircraft [or to injure property on an aircraft]—
(a) Dealt with an aircraft (name it) [or with (give particulars of thing) on or near an aircraft (name it) or connected with the guidance (or control or operation) of an aircraft (name it)] by (give particulars of dealing) and endangered the free and safe use of the aircraft; or
(b) omitted to do an act (give particulars of omission) which was his duty to do and caused the free and safe use of the aircraft to be endangered.
Section 443
Wilfully and unlawfully killed [in the night time] [or maimed or wounded] a (particulars of animal) the property of (name person).
Section 444
Wilfully and unlawfully destroyed [or damaged]—
(1) (particulars of property) the property of (name person); or
(2) [in the night time]; or
(3) a dwelling house [or vessel or aircraft] the property of (name person) by the explosion of (give particulars); and
(a) (name person) was then in the dwelling house [or vessel or aircraft]; or
(b) the life of (name person) was actually endangered; or
(4) a bank of the sea (etc. as in 444) and caused actual danger of inundation [or damage] to the land [or property] of (name person); or
(5) (a) a bridge [or viaduct or aqueduct] over highway [or canal] over which [or over which] a highway or canal passed; or
(b) a bridge (etc. as in (a)] with intent to make [part of] it [or the highway or canal] dangerous [or impassable] and the (name it) was made dangerous [or impassable]; or
(6) a (name testamentary instrument) purporting to
(a) be (name testamentary instrument) of (name person); or
(b) a register authorized [or required] by law to be kept authenticating [or recording] the title to property or births (etc.); or
(c) a copy of part of a register (etc. as in (b)) required by law to be sent to (name public officer); or
(7) a vessel then in distress [or wrecked or stranded] or [(name thing) belonging to a vessel then in distress, etc.]; or
(8) an aircraft (name it) [or (name thing) on connected with the guidance [or control or operation] of an aircraft.
(9) (a) vessel; or
(b) vessel with intent to destroy it [or make it useless]; or
(c) a light [or beacon or buoy or mark or signal] used for purposes of navigation [or for the guidance of seamen]; or
(d) a bank [or wall] of the sea (etc. as in 444) or (name work)—
(i) appurtenant to (etc. as in 444); or
(ii) used for the purpose of loading or unloading goods; or
(e) damaged a bridge (etc. as in 5(d)); or
(f) (name thing) then in process of manufacture [or (name machine)] an agricultural [or manufacturing] machine etc.) etc.]; or
(g) (name thing etc. as in (f)) with intent to destroy it [or to make it useless]; or
(h) shaft [or passage] of mine with intent to damage [or obstruct] the working of the mine; or
(i) a machine [or appliance or apparatus, etc.] appertaining to [or used with] a mine; or
(j) a rope [or chain or tackle] used in [or appertaining to] a mine; or
(k) a rope (etc. as in j) with intent to destroy it [or make it useless]; or
(l) a well [or bore etc. a water].
(10) a document (name it) then deposited—
(a) in (name office) a public office; or
(b) which was evidence of the title of (name person) to land [or to an estate in land].
300. Attempts to destroy property by explosives
Section 445
Unlawfully and with intent to destroy [or damage] (name property) the property of (name person) put (name it) an explosive substance in (give particulars of place).
301. Unlawful deposition of explosives
Section 446
Wilfully and without reasonable cause [or excuse] left down [or deposited] (name it) an explosive substance in (give particulars of place and circumstances) that it may cause injury to (name person) [or damage to the property of (name person)].
Section 447
With intent then to injure [or obstruct the working of] a mine—
(a) Unlawfully
(i) caused water to run into a mine [or into a subterranean passage communicating with a mine] or:
(ii) obstructed a shaft [or passage] of a mine the property of (name owner) with intent to injure [or obstruct the working of] the mine,
and this act was not one done underground in the course of working an adjoining mine; or
(b) Unlawfully obstructed the working of a machine [or appliance or apparatus] appertaining to [or used] with a mine the property of (name owner); or
(c) Unlawfully injured or unfastened a rope [or chain or tackle] used in a mine [or on a way (or work)] appertaining to [or used with] a mine the property of (name owner).
303. Interfering with marine signals
Section 448
(a) Wilfully and unlawfully removed [or defaced or rendered invisible] a light [or beacon or buoy or mark or signal] used for—
(i) the purposes of navigation; or
(ii) a guidance of seamen; or
(b) Unlawfully attempted to remove [or deface (etc. as in (a))].
304. Interfering with navigation works
Section 449
(a) Wilfully and unlawfully removed [or disturbed] (name object or material) used for—
(i) securing a bank [or wall of the sea, etc.); or
(ii) securing a work appertaining to a port (etc.) [or used for the purpose of navigation] (etc.).
(b) Unlawfully did (particulars of act) in (name river) with intent then to obstruct the carrying on [or completion or maintenance] of the navigation of the river and did so obstruct (etc.).
305. Communicating infectious disease to animals
Section 450
Wilfully and unlawfully caused [or was concerned in causing (or attempting to cause)] (name disease), an infectious disease to be communicated to [or among] (particulars of animals) the property of (name person).
306. Travelling with infected animals
Section 451
(a) Caused (particulars of animals) infected with (name disease) an infectious disease, to travel; or
(b) Being the owner [or a joint owner] of (particulars of animal infected with (name disease)), an infectious disease permitted [or connived] such animal to travel in contravention of (set out statute) relating to infected (name animal).
Section 452
Wilfully and unlawfully removed [or defaced] (name object) an object [or mark] erected [or made] as an indication of the boundary of the land of (name person) with intent then to defraud.
308. Sending letters threatening to burn or destroy
Section 453
Caused (name person) to receive a writing threatening that (name building etc. as in 453) will be burnt then knowing the contents of the writing.
Division 3.—Forgery and like offences
Sections 459, 460, 462
(1) Forged a document [or writing] purporting to be (describe the document by its purport, or by any name or designation by which it is usually known. See 529).
(2) Forged a seal purporting to be the National Seal (etc. as set out in 462).
310. Uttering false documents and counterfeit seals
Section 463
Knowingly and fraudulently uttered a false document [or false writing or a counterfeit seal] purporting to be (etc. as in Form 30B).
311. Uttering cancelled or exhausted documents
Section 464
Knowingly uttered as and for a subsisting and effective document one purporting to be (set out particulars of it) which document had by a judgment of the National Court [or (as the case may be)] been ordered to be revoked [or cancelled or suspended] [or which document had ceased operation by effluxion of time or death or (give particulars)].
312. Uttering cancelled stamps
Section 465
Knowingly uttered as and for a valid and uncancelled stamp—
(a) a stamp; or
(b) the impression of a seal used for the purposes of the public revenue of Papua New Guinea [or (as the case may be)],
which had already been used [or had been cancelled].
313. Procuring execution of documents by false pretences
Section 466
By falsely and fraudulently representing to (name person) that (set out particulars of false document) where it was in fact a (set out particulars of true document) procured him to sign [or execute] this document.
314. Obliterating crossings on cheques
[189][Repealed].
315. Making documents without authority
[190][Repealed].
316. Demanding property on forged testamentary instruments
Section 469
Procured the delivery [or payment] to himself [or to (name person)] of (state property concerned) by virtue of a probate [or letters of administration]—
(a) which had been granted on a forged will [or codicil] purporting to be the will of (name person); or
(b) which had been on a will [or codicil] purporting to be the will of (name person) and which had been obtained by false evidence as he well knew.
317. Purchasing forged bank notes
Section 470
Without lawful authority or excuse knowingly purchased [or received] from (name person) [or has in his possession] a forged bank note.
318. False certificate of message received by telegraph
Section 471
Knowingly signed upon a document purporting to be a copy of (state document) the contents whereof had been received by telegraph under the provisions of the laws authorizing the transmission by telegraph of documents requiring signature or seal a false certificate that it has been received under the provisions of these laws, whereas it had not been so received, as he well knew.
319. Falsifying warrants for money payable under public authority
Section 472
Being employed in the Public Service knowingly made out [or delivered to] (name person) a warrant for the payment to him of the sum of (state) as money payable to him by public authority, whereas the sum to which he was then entitled was (state) as he well knew.
320. Falsification of registers
Section 473
Having the actual custody of a register [or record] of (name the type of register or record) which was kept by lawful authority, knowingly permitted an entry to be made in this register [or record] which was false in a material particular in that (state falsity) whereas the truth was (state it) as he well knew.
321. Sending false certificate of marriage to registrar
Section 474
Signed [or transmitted] to the Registrar General [or (name person authorized by law to register marriages)] who was then authorized by law to register marriages—
(a) a certificate of marriage; or
(b) a document purporting to be a certificate of marriage,
between (name persons) which was false in a material particular in that it (state falsity) whereas the truth was (state it) as he then well knew.
322. False statements for the purpose of registers of births, deaths and marriages
Section 475
Knowingly made to the Registrar General (or name person authorized by law to record such particulars) a false statement concerning a matter required by law to be registered in (state register) in that it (state falsity) whereas the truth is (state it) as he well knew, with intent thereby to procure the false statement to be inserted in the register.
323. Attempts to procure unauthorized status
Section 476
(a) By a false representation to (name authority authorized by law to issue certificates as to right privilege rank etc.) that he was the person named in a certificate then produced by him and purporting to be (describe it or set out false representation) procured the issue to himself or [or to (name person)] a certificate testifying that he was entitled to the privileges and status of (state).
(b) Falsely representing to (name person) that he had obtained a certificate issued by (name authority) testifying (set out particulars of certificate).
(c) By a false representation to (name authority) that he was (state falsity) procured himself to be registered as (state certificate right privilege or rank).
324. Counterfeiting trade marks
Section 477
(a) Made a counterfeit trade mark purporting to be the trade mark of (name owner) with intent to defraud [or to enable other persons to defraud]; or
(b) Knowingly used on (name article or container) a trade mark [or a counterfeit trade mark] in such a manner that the mark so used signified [or implied or might reasonably induce persons to believe] that (name the article or container) was such as was designated by this mark, whereas this was not the fact with intent to defraud [or (etc. as in s477)].
325. Circulating false copies of rules or list of members of societies or companies
Section 478
Knowingly uttered to (name person)—
(a) a document purporting to be a copy of the Memorandum or Articles of Association of (name corporation) [or Rules or By Laws of (name society) constituted under (name Act)]; or
(b) a document purporting to be a list of the members of the (name company or society),
but which was not a true copy of (state (a) or (b)) with intent to deceive [or defraud or enable another person to deceive (or defraud)].
Subdivision C.—Forgery and like offences punishable on summary conviction
Section 480
(a) Knowingly and without the authority of (name pretended sender) sent [or delivered or caused to be sent (or delivered)] to (name employee) of Post PNG Limited or Telikom PNG Limited for the purpose of being transmitted as a telegram, a message [or writing] purporting to be sent by (name pretended sender); or
(b) Signed a telegram in the name of (name pretended sender) without his authority [or in the name of a fictitious person called (name)]; or
(c) Wilfully and without the authority of the sender (name sender) altered a telegram sent by him; or
(d) Wrote [or issued or delivered] as and for a telegram received through a telegraph office a writing purporting to be a telegram so received and which had not in fact been so received.
327. Forgery of seamen's tickets or documents under Acts controlling factories and shops
Section 481
(a) Forged a document purporting to be (see Form 308) and required to be obtained [or used] under the provisions of laws relating to (etc. as set out in section); or
(b) Uttered a document required (as set out in section) which was issued to (name person) and falsely represented himself to be that person.
328. Fraudulent use of adhesive stamps
Section 482
(a) Fraudulently removed an adhesive stamp [or caused an adhesive stamp to be removed] from a document with intent that the said stamp might be used again; or
(b) Fraudulently affixed an adhesive stamp which had been removed from a document to another document with intent that the said stamp might be used again; or
(c) Knowingly uttered an adhesive stamp which had been fraudulently removed from a document with intent that it might be used again; or
(d) Knowingly uttered a document having on it an adhesive stamp which had been fraudulently removed from another document with intent that it might be used again.
329. False warranties or labels relating to the sale of food
Section 483
(a) Knowingly gave to (name person) a purchaser of (particulars of food or drug) then sold by him a false warranty in writing with respect to it; or
(b) Knowingly gave to (name person) with (particulars of food or drug) then sold by him a label which falsely described it; or
(c) In the course proceedings under the laws relating to the sale of food and drugs, knowingly applied to (particulars of food or drug) a certificate [or warranty] which had been given by (name giver) with respect to another article [or drug].
Subdivision D.—Preparation for forgery
330. Instruments and materials for forgery
Section 484
(a) Without lawful authority or excuse made [or began (or prepared) to make or used or knowingly had in his possession or knowingly disposed of] paper resembling paper specially provided by the proper authority for the purpose of being used for making—
(i) a document acknowledging [or being evidence of the indebtedness of (set out name of debtor)] to the holders of the (name document); or
(ii) stamps [or licences or permits] used for the public revenue of Papua New Guinea [or name Dominion]; or
(iii) bank notes;
(b) Without lawful authority or excuse made [or began (or prepared) to make or used or knowingly had in his possession or knowingly disposed of] machinery [or an instrument or material] for making paper used for [or capable of] producing in (or on) paper words or figures or letters or marks or lines used [or (give particulars as in (a))];or
(c) Without lawful authority or excuse impressed [or made] on a (name it) words [or figures or letters or marks or lines] the print of which resembled [in part] the words [or figures or letters or marks or lines] used in (give particulars as in (a)); or
(d) Without lawful authority or excuse used [or knowingly had in his possession or knowingly disposed of] (name it) on which were impressed (or made) words [or figures or letters or marks or lines] the print of which resembled [in part] those used in (give particulars as in (a)); or
(e) Without lawful authority or excuse used [or knowingly had in his possession or knowingly disposed of] paper on which were (or was) written [or printed] [part of] the usual contents of (give particulars as in (a)).
Section 485
(a) Without lawful authority or excuse made [or mended or began (or prepared) to make (or mend) or used or knowingly had in his possession or knowingly disposed of] a die or plate or instrument] capable—
of making an impression resembling that made by a die [or instrument] used for the purpose of making an impressed [or adhesive] stamps; or
of producing in (or on) paper words [or figures or letters or marks or lines] resembling words [or figures or letters or lines] used in [or on] paper specially provided by the proper authority for the purpose of making impressed [or adhesive] stamps,
used for the purpose of public revenue [or of the post office] in (state place).
(b) Without lawful authority or excuse had in his possession [or disposed of] paper [or name other material]—
(i) having on it the impression of a die (or plate or instrument); or
(ii) having on it figures [or letters or marks or lines],
used for the purpose of making any stamps and used for (etc. as in (a)).
(c) Fraudulently and without lawful authority or excuse removed from (state material) an impressed [or adhesive] stamp used for the purposes of (as in (a)) with intent that use might be made of [part of] this stamp.
(d) Fraudulently and without lawful authority or excuse mutilated an impressed [or adhesive] stamp used for the purposes of (as in (a)) with intent that use might be made of [part of] this stamp.
(e) Fraudulently and without lawful authority or excuse fixed [or placed] on (state material) [or on an impressed [or adhesive] stamp used for the purposes of (as in (a))] [part of] an impressed [or adhesive] stamp used for similar purposes which had been removed from (state material) [or which had been removed out of (or from) another stamp].
(f) Fraudulently and without lawful authority or excuse removed by (state means of removal) from (state material) on [or to] which an impressed [or adhesive] stamp used for the purposes of (as in (a)) had been impressed [or attached] (state what removed) with intent that use might be made of this stamp.
(g) Knowingly and without lawful authority or excuse had in his possession [or disposed of] an impressed [or adhesive] stamp (used for the purpose of (as in (a)),
which had been fraudulently and without lawful authority or excuse removed from (as in (c)); or
which had been fraudulently and without lawful authority or excuse mutilated with intent (as in (d)) with intent that use might be made of [part of] this stamp.
Knowingly and without lawful authority or excuse had in his possession [or disposed of]—
paper [or (state material)] on which there had been fraudulently and without lawful authority or excuse fixed [or placed] [part of] an impressed [or adhesive] stamp used for the purpose of (as in (a)); or
an impressed [or adhesive] stamp upon which there had been fraudulently and without lawful authority fixed [or placed] [part of] a stamp used for similar purposes which had been removed (etc. as in (e)); or
paper [or (state material)] which had been impressed with [or to which had been attached] an impressed [or adhesive] stamp used for the purpose of (as in (a)) and from which (state what removed) had been fraudulently (state means of removal) without lawful authority or excuse and with intent that use might be made of this stamp.
332. Paper for postal services
Section 486
Knowingly and without lawful authority or excuse had in his possession [or disposed of] before it had been lawfully issued for public use, paper that had been specifically provided by the proper authority for the purpose of being used as (state use).
333. Paper and dies for postage stamps
Section 487
(a) Made [or Began or Prepared to make or Used for postal purposes or Had in his possession or Disposed of] without lawful authority or excuse an imitation [or representation] on (state material) of a stamp used for denoting a rate of postage of (state country).
(b) Made [or Mended or Began (or Prepared) to make (or mend) or Used or Had in his possession or disposed of] without lawful authority or excuse a die] [or plate or an instrument or material] for making imitations [or representations] of a stamp used for denoting the rate of postage in (state country).
Subdivision E.—Personation
Section 488
(1) Falsely represented himself to be (name person) [then deceased] with intent thereby to defraud.
(2) Falsely represented himself to be (name person) then entitled under the will of (name deceased) [or by operation of law upon the death of (name deceased)] to real [or personal] property, (describe it) with intent to defraud and to obtain [possession of] this property.
335. Falsely acknowledging deeds, recognizances
Section 489
Without lawful authority or excuse made in the name of (name person) before (name title and person before whom acknowledgment made) who was lawfully authorized to take such acknowledgement, an acknowledgement purporting to be for (name person)
336. Personation of a person named in a certificate
Section 490
Uttered a document that had been issued by lawful authority to (name person) which certified that person was (state particulars) and then falsely represented himself to be (name person).
337. Lending certificates for personation
Section 491
Being issued with a document by lawful authority in which he is certified to be (state particulars) lent this document to (name person) with intent that this person might represent himself to be the person named in it.
Division 4.—Offences connected with trade and breach of contract
Subdivision A.—Fraudulent debtors
338. Absconding with property in contemplation of or immediately after insolvency
Section 493
(a) Being an insolvent departed from Papua New Guinea and took with him [or Attempted (or Prepared) to depart from Papua New Guinea and take with him] part of his property (describe the property) of the value of K40 (or more) which ought by law to have been divided amongst his creditors.
(b) Departed from Papua New Guinea and took with him [or Attempted to depart from Papua New Guinea and to take with him] (as in (a)) which ought by law, in the event of his becoming insolvent, to have been divided amongst his creditors and within four months afterwards became insolvent.
Section 494
Being an insolvent—
(a) (i) fraudulently removed part of his property (describe it) of the value of K20 (or more); or
(ii) fraudulently parted with [or altered or made an omission in or was privy to fraudulently parting with or altering or making an omission in] a document affecting [or relating to] his property [or affairs], (set out particulars).
(b) Fraudulently (as in (a)(i) or (ii)) and within four months afterwards became an insolvent.
(c) Being an insolvent attempted to account for part of his property (describe it) by alleging fictitious losses [or expenses].
(d) At a meeting of his creditors attempted to account for (as in (c)) and within four months afterwards became an insolvent.
(e) By falsely representing to (name person) that (state substance of fraud or false representation) obtained property (describe it) on credit from that person and did not pay for it and (the accused) within four months afterwards became insolvent
340. Other frauds by insolvents
Section 49
Being an insolvent
(a) (i) concealed part of his property to the value of K20 (or more) (describe it); or
(ii) concealed a debt due to him by [or due by him to] (name person) amounting to K...
(b) concealed as in (i) and (ii) [or obtained property] (describe it) from (name person) under the false presence of carrying on business and dealing in the ordinary way of trade and did not pay for same [or pawned (or pledged or disposed or otherwise than in the ordinary way of trade) property (describe it) which he had obtained on credit and had not paid for] and (the accused) within four months afterwards became an insolvent.
341. Falsification of books by insolvents
Section 496
Being an insolvent—
(a) concealed [or destroyed or altered or mutilated or falsified or was privy to the concealment (or destruction or alteration or mutilation or falsification)] of [an entry in] a book [a document or account] relating to his property [or affairs], namely, a (describe falsification).
(b) made [or was privy to making] a false entry in a book (as in (a)).
(c) concealed (or etc. as in (a)) [or made (or etc. as in (b))] and within four months afterwards became an insolvent.
342. Failure by insolvents in course of insolvency proceedings
Section 497
Being a person whose affairs were in course of administration under the provisions of the laws relating to insolvent debtors and—
(a) knowing [or believing] that a false debt had been proved by (name person) in the course of such administration, failed for a period of a month to give information of it to (name person) who was then the trustee of his property; or
(b) falsely represented to his creditors [or (name creditor)] that (state substance of false representation or fraud) for the purpose of obtaining the consent of these [or this] creditor(s) to an agreement with reference to his affairs [or with reference to proceedings taken under (or by virtue) of such administration].
343. Failure by insolvents to discover property
Section 498
Being a person (as in form 333)—
(a) failed to fully and truly discover to the best of his knowledge or belief to (name person) then the trustee of his property, part of his real [or personal] property (describe it) and how, and to whom, and for what consideration and when [he had disposed of it, not being disposed of in the ordinary way of [his] trade] [or laid out in the ordinary expense of his family]; or
(b) failed to deliver to (name person) then the trustee of his property [or as the trustee directed] part of his real [or personal] property (describe it) which was then in his custody [or under his control] being property which by law he was required to deliver up to such trustee [or as directed]; or
(c) failed to deliver to (name person) then trustee of his property [or as the trustee directed,] a book [or document or paper or writing] which was then in his custody [or under his control] which related to his property [or affairs] (state document etc.); or
(d) omitted [or was privy to omitting] from a statement relating to his affairs a material particular (state this).
Section 499
Omitted to keep proper books of account showing the true state of his affairs, and within three years afterwards became an insolvent.
Section 500
Being an insolvent, prevented the production of a book [or document or paper or writing] affecting [or relating to] his property [or affairs], namely, (state document).
346. Receiving insolvents property with intent to defraud
Section 501
(a) Received from (name person) an insolvent, property (describe it) with intent to defraud his creditors.
(b) Failed to deliver to (name person), trustee of the property of (name person) an insolvent, property which then formed part of the estate of (name person), (describe property) with intent to defraud his creditors.
347. Making false claim in insolvency
Section 502
(a) Being a creditor of (name person) an insolvent [or of (name person) who had taken proceedings for a composition of his creditors under the provisions of the laws relating to insolvent debtors] made in the course of the insolvency [or these proceedings] a proof [or declaration] of debt [or a statement of account] which was false in a material particular, in that it stated (state falsity) and the truth was (state truth) as (the accused) then knew with intent to defraud.
(b) Not being a creditor (etc. as in (a)) made in the course of the insolvency [or these proceedings] a proof [or declaration of debt] against (name person) with intent to defraud.
348. Concealing property of insolvents
Section 503
Concealed part of the property of (name person) an insolvent and did not within 42 days after the appointment of the trustee of his property discover the property to the trustee [or to the Registrar of the National Court].
349. Fraudulent dealing with property by debtors
Section 504
(a) Made a gift [or delivery or transfer] of [or a charge on] part of his property (describe it) to [or in favour of] (name person) with intent to defraud his creditors [or (name creditor)].
(b) After [or within two months before] the date of an unsatisfied judgment [or order for the payment of money] obtained against him by (name person) concealed [or removed] his property (describe it) with intent to defraud his creditors [or (name creditor)].
Subdivision B.—Other offences
350. Concealment by officers of companies on reduction of capital
Section 505
Being a director [or the manager etc.] of (name company) the capital of which it had been proposed to reduce under the provisions of (state relevant Act)—
(a) concealed the name of (name person) a creditor of the company entitled to object to this proposed reduction; or
(b) knowingly misrepresented the nature [or amount] of the debt [or claim] of (name person) a creditor [or claimed to be a creditor] of the company; or
(c) was privy to the concealment of the name (as in (a)) [or to an intentional misrepresentation of the nature (as in (b))].
351. Falsification of books of companies
Section 506
Being a director [or the manager, etc.] of (name company) then in the course of being wound up under the provisions of (state relevant Act)—
(a) concealed [or destroyed or altered or mutilated or falsified] [an entry in] a book [or document or valuable security or account] relating to the affairs of the company, namely a (give particulars of falsification); or
was privy to the concealment (etc. as above); or
(b) made [or was privy to making] a false entry in a book [or document or account] of the company, namely a (give particulars of falsification) with intent then to deceive [or to defraud or to enable other persons to deceive (or defraud)].
352. Mixing uncertified with certified articles
Section 507
Mixed with (name article) to which a mark had been attached [or to which a certificate had been given] under (state relevant Act) for the purpose of denoting the quality of it] or that it had been examined (or approved) by (or under the authority of) (name public body or officer)] another (name article) which had not been so examined [or approved].
353. Intimidation of workmen and employees
Section 508
(2) By violence to the person [or property] of (name person) [or By threats or By intimidation or By besetting the house (or place or work) or (name person) or By molesting (or obstructing) (name person) by force in the pursuit of his lawful vocation]—
(e) Compelled [or attempted to compel] him [or (name other person)] employed in (name manufacture, trade etc.) to depart from his employment [or to return his work before it was finished; or
(f) Prevented him [or (name other person)] not then employed, from accepting employment from (name person).
(3) Used violence to the person [or property] of (name person) [or Used threats (or intimidation) to (name person) or Molested (or Obstructed) (name person) by force—
(a) for the purpose of inducing him [or (name other person)]—
(i) to belong to (name club or association); or
(ii) to contribute to (name) a common fund; or
(iii) to pay a fine (give particulars); or
(b) on account of his [or (name other person)] not belonging to (etc. as in (ii) & (iii)); or
(c) on account of his [or (name other person)] not having complied [or refusing to comply] with rules [or orders or resolutions or regulations] made [or pretended to be made] by (name person or club or association) in order to obtain—
(i) an advance of wages [or to reduce the rate of wages]; or
(ii) lessen [or alter] the hours of working in; or
(iii) decrease [or alter] the quality of work done; or
(iv) regulate the mode of carrying on, the management of (name the manufacture, trade or business) of (name it); or
(4) By violence to the person [or property] of (name person) [or By threats or By intimidation or By molesting (or obstructing) (name person) compelled [or endeavoured to compel] him [or (name other person)] then carrying on (name manufacture, trade or business) to make an alteration in his mode of carrying on this manufacture [or trade or business], [or to limit the number of apprentices or the number (or description) of his journeymen (or workmen or servants)].
PART VII.—PREPARATION TO COMMIT OFFENCES: CONSPIRACY: ACCESSORIES AFTER THE FACT
Division 1.—Attempts and preparation to commit offences
354. Attempts to commit offences
Section 509
Attempted to (state the attempted offence as in appropriate form).
355. Counselling or procuring commission of offences
Section 7(2)
Counselled [or Procured] (name person) to (state offence counselled or procured) (name victim).
356. Attempts to procure commission of criminal acts
Section 513
Attempted to procure (name person) to (give particulars of criminal act and person) with intent unlawfully to (state crime).
357. Preparation to commit crimes with explosives
Section 514
Made [or Knowingly had in his possession] an explosive [or dangerous substance] [or a dangerous (or noxious) engine (or instrument or thing)] (give particulars)—
(a) with intent by means of it to commit a crime; or
(b) for the purpose of enabling (name person) to commit a crime.
358. Conspiracy to commit crimes
Sections 515, 516
Conspired together [or with] (name person or persons) to (describe the act intended to be committed in appropriate form) a crime [or an offence].
NOTE: If the offence is intended to be committed out of Papua New Guinea the following is added—
at (place and country) which act if done in pursuance of this conspiracy would have been an offence under the laws in force in (country).
Section 517
Conspired together [or with] (as in proceeding form) to—
(a) prevent [or defeat] the execution [or enforcement] of (state) relating to (give particulars); or
(b) cause injury to (name person) [or by (give particulars of personal injury caused or particulars of injury to reputation)]; or
(c) cause the value of the property of (name person) to depreciate; or
(d) prevent [or obstruct] the free and lawful disposition by (name person) of property belonging to him (describe it); or
(e) injure (name person) in his trade [or profession] as (name it); or
(f) prevent [or obstruct] (name person) by (state acts done see Form 354) the free and lawful exercise by him [or name other person) of his trade [or profession or occupation] as (name it); or
(g) effect (state unlawful purpose); or
(h) to (state lawful act and give particulars) by (state unlawful act and give particulars).
Division 3.—Accessories after the fact to crimes
360. Accessories after the fact to crimes
Sections 519, 520
(State principal crime (or offence) in the appropriate form) and (name person) on (give particulars of time and place) knowing that (name person) had committed this crime [or offence] received [or assisted] him in order to enable him to escape punishment.
INDEX OF FORMS IN THE FIRST SCHEDULE
FORMS OF INDICTMENTS, WARRANTS, ORDERS, CERTIFICATES AND REGISTERS.
Forms Nature of Form Page
1 Indictment 19
2 Information by Leave 20
3 Warrant of Arrest 21
4 Warrant of Commitment on Remand 22
5 Warrant of Commitment 23
6 Warrant of Commitment with Suspension 24
7 Recognizance 25
8 Warrant of Arrest for Breach of Recognizance 26
9 Security 27
10 Order of Forfeiture 28
11 Outstanding charges to be taken into account 29
12 Antecedent Report 30
13 Notice of Acquittal/Discharge 32
14 Endorsement to Indictment 33
15 Register 34
16 Certificate of Conviction 35
17 Report Under s37(14) of the Constitution 36
18 Endorsement of Criminal Appeal File 37
19 Register of Appeals 38
20 General form of Order on Appeal 39
[189]Section 467 was repealed by No. 28 of 1980.
[190]Section 468 was repealed by No. 28 of 1980.
PacLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.paclii.org/pg/rules/ct_rules/cpr1987208