Other Criminal Offences – VIC

Welcome to the VIC Unlawful oaths to commit treason, murder etc. article page. Everything you need to know about Unlawful oaths to commit treason, murder etc. according to VIC law.

What the Law States according to VIC Law for Unlawful oaths to commit treason, murder etc.

According to VIC Law for the charge of Unlawful oaths to commit treason, murder etc.,

Crimes Act 1958 – SECT 316
Unlawful oaths to commit treason, murder etc.

316. Unlawful oaths to commit treason, murder etc.

(1) Every person who-

(a) administers or is present at and consents to the administering of any oath or engagement in the nature of an oath purporting to bind the person who takes it to commit treason or murder; or

(b) takes any such oath or engagement not being compelled to do so; or

(c) induces or attempts to induce any person to take any such oath or engagement-

shall be guilty of an indictable offence, and shall be liable to level 5 imprisonment (10 years maximum).

(2) Every person who-

(a) administers or is present at and consents to the administering of any oath or engagement in the nature of an oath purporting to bind the person who takes it to act in any of the ways following (that is to say):-

(i) to engage in any mutinous or seditious enterprise;

(ii) to commit any indictable offence other than treason or murder;

(iii) to disturb the public peace;

(iv) to be of any association society or confederacy formed for the purpose of doing any such act as aforesaid;

(v) to obey the order or commands of any committee or body of men not lawfully constituted or of any leader or commander or other person not having authority by law for that purpose;

(vi) not to inform or give evidence against any associate confederate or other person;

(vii) not to reveal or discover any unlawful association society or confederacy or any illegal act done or to be done or any illegal oath or engagement that may have been administered or tendered to or taken by himself or any other person or the import of any such oath or engagement; or

(b) takes any such oath or engagement not being compelled to do so; or

(c) induces or attempts to induce any person to take any such oath or engagement-

shall be guilty of an indictable offence, and shall be liable to level 6 imprisonment (5 years maximum).

(3) A person who takes any such oath or engagement as is mentioned in the last two preceding subsections cannot set up as a defence that he was compelled to do so unless within fourteen days after taking it or if he is prevented by actual force or sickness within fourteen days after the termination of such prevention he declares by information on oath before some member of the Executive Council or a magistrate or if he is on actual service in Her Majesty’s forces by sea or land either by such information or by information to his commanding officer the whole of what he knows concerning the matter, including the person or persons by whom and in whose presence and the place where and the time when the oath or engagement was administered or taken.

(4) A person who has been tried and convicted or acquitted on a charge of any of the offences mentioned in this section shall not be afterwards prosecuted upon the same facts for treason or for failing when he knows that any person intends to commit treason to give information thereof with all reasonable despatch to a magistrate or use other reasonable endeavours to prevent the commission of the crime.

The Maximum Penalty – Unlawful oaths to commit treason, murder etc.

According to VIC Law for the charge of Unlawful oaths to commit treason, murder etc., 5 – 10 years depending on the subsection.

What the Police must prove according to VIC Law for Unlawful oaths to commit treason, murder etc.

1. That the accused person either:

(i) administered or was present at and consented to the administering of an oath or an engagement in the nature of an oath; or

(ii) took such an oath or engagement in the nature of an oath not being compelled to do so; or

(iii) induced or attempted to induce a person to take an oath or engagement

2. That the oath or engagement purported to bind the person who took it to either:

(i) commit treason or murder; or

(ii) to engage in any mutinous or seditious enterprise;

(iii) to commit any indictable offence other than treason or murder;

(iv) to disturb the public peace;

(v) to be of any association society or confederacy formed for the purpose of doing any such act as aforesaid;

(vi) to obey the order or commands of any committee or body of men not lawfully constituted or of any leader or commander or other person not having authority by law for that purpose;

(vii) not to inform or give evidence against any associate confederate or other person;

(viii) not to reveal or discover any unlawful association society or confederacy or any illegal act done or to be done or any illegal oath or engagement that may have been administered or tendered to or taken by himself or any other person or the import of any such oath or engagement.

Possible Defences under VIC Law – Unlawful oaths to commit treason, murder etc.

1. Factual Dispute
2. Compulsion
3. Lack of intent

In VIC which court will hear the matter – Unlawful oaths to commit treason, murder etc.

County Court

 

Date: 09/01/2009