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Crimes Act 1961  043
Commenced: 1 Jan 1962; 23 Oct 1963, Crimes Amendment Act 1963; 1 Apr 1967, Crimes Amendment Act 1966; 1 Apr 1970, Crimes Amendment Act 1969; 1 Jan 1974, Crimes Amendment Act 1973; 16 Dec 1977, Crimes Amendment Act 1977; 10 Jul 1977, Crimes Amend

ANALYSIS

Index
Analysis
Title
1 Short Title, commencement, etc.
2 Interpretation
3 Meaning of ``convicted on indictment''
4 Meaning of ``ordinarily resident in New Zealand''

I: Jurisdiction
5 Application of Act
6 Persons not to be tried in respect of things done outside New Zealand
7 Place of commission of offence
8 Jurisdiction in respect of crimes on ships or aircraft beyond New Zealand
9 Offences not to be punishable except under New Zealand Acts
10 Offence under more than one enactment
11 Construction of other Acts
12 Summary jurisdiction

II: Punishments
13 Powers of Courts under other Acts not affected

Death
14 Form of sentence in capital cases
15 Sentence of death not to be passed on pregnant woman
16 Sentence of death not to be passed on person under 18 years of age

Imprisonment
17 No sentence of solitary confinement to be passed

Putting Under Bond
18 Putting under bond

Fine
19 Payment of fine, etc.
19A Supervision of offender when time for payment is allowed
19B Immediate execution
19C Warrant to collect fine or other sum of money ordered to be paid
19D Execution
19E Period of imprisonment for non-payment of money
19F Stay of execution on appeal

III: Matters of Justification or Excuse
20 General rule as to justifications

Infancy
21 Children under 10
22 Children between 10 and 14

Insanity
23 Insanity

Compulsion
24 Compulsion

Ignorance of Law
25 Ignorance of law

Sentence or Process
26 Execution of sentence, process, or warrant
27 Execution of erroneous sentence or process
28 Sentence or process without jurisdiction
29 Irregular warrant or process

Arrest
30 Arresting the wrong person
31 Arrest by constable pursuant to statutory powers
32 Arrest by constable of person believed to have committed offence
33 Arrest by other officers or persons pursuant to statutory powers
34 Persons assisting constable or officer in arrest
35 Arrest of persons found committing certain crimes
36 Arrest of person believed to be committing crime by night
37 Arrest after commission of certain crimes
38 Arrest during flight

Use of Force
39 Force used in executing process or in arrest
40 Preventing escape or rescue
41 Prevention of suicide or certain offences

Breach of the Peace
42 Preventing breach of the peace
43 Suppression of riot
44 Suppression of riot by Police
45 Suppression of riot by persons acting under lawful orders
46 Suppression of riot by persons without orders
47 Protection of members of New Zealand forces

Defence Against Assault
48 Self-defence against unprovoked assault
49 Self-defence against provoked assault
50 Provocation defined
51 Defence of person under protection

Defence of Property
52 Defence of movable property against trespasser
53 Defence of movable property with claim of right
54 Defence of movable property without claim of right
55 Defence of dwellinghouse
56 Defence of land or building

Peaceable Entry
57 Assertion of right to land or building
58 Exercise of right of way, etc.

Powers of Discipline
59 Domestic discipline
60 Discipline on ship or aircraft

Surgical Operations
61 Surgical operations
61A Further provisions relating to surgical operations

General Provisions
62 Excess of force
63 Consent to death
64 Obedience to de facto law
65 Other enactments not affected

IV: Parties to the Commission of Offences
66 Parties to offences
67 Husband and wife conspiring
68 Party to murder outside New Zealand
69 Party to any other crime outside New Zealand
70 Offence committed other than offence intended
71 Accessory after the fact
72 Attempts

V: Crimes Against Public Order

Treason and Other Crimes Against the Queen and the State
73 Treason
74 Punishment for treason or attempted treason
75 Evidence of treason
76 Punishment for being party to treason
77 Inciting to mutiny
78 Communicating secrets
79 Sabotage

Seditious Offences
80 Oath to commit offence
81 Seditious offences defined
82 Seditious conspiracy
83 Seditious statements
84 Publication of seditious documents
85 Use of apparatus for making seditious documents or statements

Unlawful Assemblies, Riots, and Breaches of the Peace
86 Unlawful assembly
87 Riot
88 Reading the Riot Act
89 Failure of rioters to disperse
90 Riotous destruction of buildings, etc.
91 Forcible entry and detainer

Piracy
92 Piracy
93 Piratical acts
94 Punishment of piratical acts
95 Attempts to commit piracy
96 Conspiring to commit piracy
97 Accessory after the fact to piracy

Slave Dealing
98 Dealing in slaves

VI: Crimes Affecting the Administration of Law and Justice

Bribery and Corruption
99 Interpretation
100 Judicial corruption
101 Bribery of judicial officer, etc.
102 Corruption and bribery of Minister of the Crown
103 Corruption and bribery of member of Parliament
104 Corruption and bribery of law enforcement officer
105 Corruption and bribery of official
106 Restrictions on prosecution

Contravention of Statute
107 Contravention of statute

Misleading Justice
108 Perjury defined
109 Punishment of perjury
110 False oaths
111 False statements or declarations
112 Evidence of perjury, false oath, or false statement
113 Fabricating evidence
114 Use of purported affidavit or declaration
115 Conspiring to bring false accusation
116 Conspiring to defeat justice
117 Corrupting juries and witnesses

Escapes and Rescues
118 Assisting escape of prisoners of war or internees
119 Breaking penal institution
120 Escape from lawful custody
121 Assisting escape from lawful custody
122 Assisting escape of mentally disordered person under detention for offence

VII: Crimes Against Religion, Morality, and Public Welfare

Crime Against Religion
123 Blasphemous libel

Crimes Against Morality and Decency
124 Distribution or exhibition of indecent matter
125 Indecent act in public place
126 Indecent act with intent to insult or offend

Sexual Crimes
127 Sexual intercourse defined
128 Rape
129 Attempt to commit rape
130 Incest
131 Sexual intercourse with girl under care or protection
132 Sexual intercourse with girl under 12
133 Indecency with girl under 12
134 Sexual intercourse or indecency with girl between 12 and 16
135 Indecent assault on woman or girl
136 Conspiracy to induce sexual intercourse
137 Inducing sexual intercourse under pretence of marriage
138 Sexual intercourse with severely subnormal woman or girl
139 Indecent act between woman and girl
140 Indecency between man and boy
141 Indecency between males
142 Sodomy
143 Bestiality
144 Indecency with animal

Crimes Against Public Welfare
145 Criminal nuisance
146 Keeping place of resort for homosexual acts
147 Brothel-keeping
148 Living on earnings of prostitution
149 Procuring sexual intercourse
150 Misconduct in respect of human remains

VIII: Crimes Against the Person

Duties Tending to the Preservation of Life
151 Duty to provide the necessaries of life
152 Duty of parent or guardian to provide necessaries
153 Duty of employers to provide necessaries
154 Abandoning child under 6
155 Duty of persons doing dangerous acts
156 Duty of persons in charge of dangerous things
157 Duty to avoid omissions dangerous to life

Homicide
158 Homicide defined
159 Killing of a child
160 Culpable homicide
161 Procuring death by false evidence
162 Death must be within a year and a day
163 Killing by influence on the mind
164 Acceleration of death
165 Causing death that might have been prevented
166 Causing injury the treatment of which causes death

Murder, Manslaughter, etc.
167 Murder defined
168 Further definition of murder
169 Provocation
170 Illegal arrest may be evidence of provocation
171 Manslaughter
172 Punishment of murder
173 Attempt to murder
174 Counselling or attempting to procure murder
175 Conspiracy to murder
176 Accessory after the fact to murder
177 Punishment of manslaughter
178 Infanticide
179 Aiding and abetting suicide
180 Suicide pact
181 Concealing dead body of child

Abortion
182 Killing unborn child
182A Miscarriage defined
183 Procuring abortion by any means
184 untitled record
185 untitled record
186 Supplying means of procuring abortion
187 Effectiveness of means used immaterial
187A Meaning of "unlawfully"

Assaults and Injuries to the Person
188 Wounding with intent
189 Injuring with intent
190 Injuring by unlawful act
191 Aggravated wounding or injury
192 Aggravated assault
193 Assault with intent to injure
194 Assault on a child, or by a male on a female
195 Cruelty to a child
196 Common assault
197 Disabling
198 Discharging firearm or doing dangerous act with intent
199 Acid throwing
200 Poisoning with intent
201 Infecting with disease
202 Setting traps, etc.
203 Endangering transport
204 Impeding rescue

Bigamy, Feigned Marriage
205 Bigamy defined
206 Punishment of bigamy
207 Feigned marriage

Abduction, Kidnapping
208 Abduction of woman or girl
209 Kidnapping
210 Abduction of child under 16

IX: Crimes Against Reputation
211 Criminal libel and publishing defined
212 Publishing upon invitation
213 No prosecution without leave of Judge
214 Plea of justification
215 Punishment of criminal libel
216 Criminal slander

X: Crimes Against Rights of Property

Theft
217 Things capable of being stolen
218 Theft of electricity
219 Animals capable of being stolen
220 Theft defined
221 Theft of animals
222 Theft by person required to account
223 Theft by person holding power of attorney
224 Theft by misappropriating proceeds held under direction
225 Theft by co-owner
226 Theft by husband or wife
227 Punishment of theft

Crimes Resembling Theft
228 Conversion or attempted conversion of motorcars, etc.
229 Being in possession of instrument for conversion
229A Taking or dealing with certain documents with intent to defraud
230 Criminal breach of trust
231 Fraudulently destroying document
232 Fraudulent concealment
233 Bringing into New Zealand things stolen, etc.

Robbery and Extortion
234 Robbery
235 Aggravated robbery
236 Compelling execution of documents by force
237 Assault with intent to rob
238 Extortion by certain threats
239 Demanding with intent to steal

Burglary
240 Interpretation
241 Burglary
242 Entering with intent
243 Being armed with intent to break or enter
244 Being disguised or in possession of instruments for burglary

False Pretences
245 Definition of false pretence
246 Obtaining by false pretence
247 Obtaining credit fraudulently

Personation
248 Personation
249 Acknowledging instrument in false name

Fraud
250 False statement by promoter, etc.
251 Falsifying accounts relating to public funds
252 False accounting by officer or member of body corporate
253 False accounting by employee
254 False statement by public officer
255 Issuing false dividend warrants
256 Concealing deeds and encumbrances
257 Conspiracy to defraud

Receiving
258 Receiving property dishonestly obtained
259 Receiving property of husband or wife
260 When receiving is complete
261 Receiving after restoration to owner
262 Taking reward for recovery of stolen goods

Forgery
263 Interpretation
264 Forgery
265 Punishment of forgery
266 Uttering forged documents
266A Altering or reproducing document with intent to defraud
266B Using altered or reproduced document with intent to defraud
267 Counterfeiting public seals
268 Counterfeiting corporate seals
269 Sending false telegram
270 Procuring execution of document by fraud
271 Possessing forged bank notes
272 Drawing document without authority
273 Using probate obtained by forgery or perjury
274 Paper or implements for forgery
275 Counterfeiting stamps
276 Falsifying registers
277 Falsifying extracts from registers
278 Uttering false certificates
279 Forging certificates
280 Imitating authorised marks
281 Imitating customary marks

Coinage
282 Interpretation
283 Preparations for coining
284 Counterfeiting coin
285 Altering coin
286 Impairing coin
287 Defacing coin
288 Melting coin
289 Possessing counterfeit coin
290 Uttering counterfeit coin
291 Buying and selling counterfeit coin
292 Importing and exporting counterfeit coin

Criminal Damage
293 What constitutes criminal damage
294 Arson
295 Attempted arson
296 Damage to other property by fire or explosive
297 Attempt to damage property by fire or explosive
298 Wilful damage
299 Wilful waste or diversion of water, gas, or electricity
300 Interfering with means of transport
301 Wrecking
302 Attempting to wreck
303 Interfering with signals, etc.
304 Interfering with mines
305 Providing explosive to commit crime

XI: Threatening, Conspiring, and Attempting to Commit Offences
306 Threatening to kill or do grievous bodily harm
307 Threatening to destroy property
308 Threatening acts
309 Conspiring to prevent collection of rates or taxes
310 Conspiring to commit offence
311 Attempt to commit or procure commission of offence
312 Accessory after the fact to crime

XII: Procedure
313 General provisions as to procedure
314 Procedure where prior consent to prosecution required

Arrest
315 Arrest without warrant
316 Duty of persons arresting
317 Power to enter premises to arrest offender or prevent offence

Bail
318 When bail not allowable
319 Rules as to granting bail
320 Arrest of absconder

Plea of Guilty After Committal for Trial
321 Person committed for trial may plead guilty before trial

Change of Venue
322 Changing place of trial before or after indictment
323 Powers of Court of committal as to custody or bail of accused
324 Attendance of witnesses at substituted Court
325 Powers of substituted Court to compel attendance
326 Trial in substituted Court
327 Witnesses' expenses where indictment removed at instance of the Crown

Indictments
328 Form of indictment
329 Contents of counts
330 Crimes may be charged in the alternative
331 Certain objections not to vitiate counts
332 Indictment for perjury or fraud
333 General provisions as to counts not affected
334 Further particulars
335 Variance and amendment
336 Indictment for treason
337 Attempt proved when crime is charged
338 Crime proved when attempt is charged
339 Part of charge proved
340 Joinder of counts
341 Charge of previous conviction
342 Objections to indictment
343 Indictment of parties
344 Accessories after the fact, and receivers

Presenting Indictment
345 Presenting indictment
346 Failure of private prosecutor to present indictment
347 Power to discharge accused
348 Copy of indictment
349 Special provisions in case of treason

Trial and Sentence
350 Bench warrant
351 Failure of witness to attend
352 Refusal of witness to give evidence
353 Record of proceedings
354 Right to be defended
355 Arraignment
356 Plea
357 Special pleas
358 Pleas of previous acquittal and conviction
359 Second accusation
360 Evidence of former trial
361 Plea on behalf of corporation
362 Challenging the array
363 Challenges and directions to stand by
364 Caution to accused when undefended
365 Question to accused when undefended
366 Comment on failure to give evidence
366A Unsworn statement prohibited
367 Evidence and addresses
367A Notice of alibi
368 Adjourning trial for witnesses
369 Admissions
370 Jury retiring to consider verdict
371 Motion in arrest of judgment. Sentence
372 Correction of erroneous sentence
373 Adjournment
374 Discharge of jury, etc.
375 Power to clear Court and forbid report of proceedings
376 Presence of the accused
377 Proceedings on Sunday
378 Stay of proceedings

XIII: Appeals
379 Interpretation

Appeal on Matters Arising Before Trial
379A Right of appeal in certain cases

Appeal on Question of Law
380 Reserving question of the law
381 Appeal where no question reserved
382 Powers of Court of Appeal where appeal is on question of law

Appeal Against Conviction or Sentence
383 Right of appeal against conviction or sentence
384 Right of appeal against sentence or conviction for contempt of Court
385 Determination of appeals in ordinary cases
386 Powers of Court of Appeal in special cases
387 Revesting and restitution of property on conviction
388 Time for appealing
389 Supplemental powers of Court of Appeal
390 Duty of Solicitor-General
391 Repealed by s. 14 (2) of the Costs in Criminal Cases Act 1967.
392 Duties of Registrar with respect to notices of appeal, etc.

General Provisions as to Appeals
393 Certain powers exercisable by Judge of Court of Appeal
394 Evidence for Court of Appeal
395 Right of appellant to be represented
396 Power to forbid report of proceedings, etc.
397 Granting of bail to appellant, and custody pending appeal
398 Judgment of Court of Appeal
399 Intermediate effects of appeal

XIV: Miscellaneous Provisions
400 Consent of Attorney-General to proceedings in certain cases for offences on ships or aircraft
401 Contempt of Court
402 untitled record
403 Compensation for loss of property
404 Restitution of property
405 Civil remedy not suspended
406 Prerogative of mercy
407 Effect of free pardon
408 Act to bind the Crown
409 Rules of Court
410 Regulations
411 Consequential amendments
412 Repeals and savings

Schedule(s)

1 FIRST SCHEDULE: Carrying Out of Sentence of Death
2 SECOND SCHEDULE: Forms
3 THIRD SCHEDULE: Enactments Amended
4 FOURTH SCHEDULE: United Kingdom Enactments ceasing to Have Effect in New Zealand
5 FIFTH SCHEDULE: New Zealand Enactments Repealed

Amending Act/Rule(s)

1 The Crimes Amendment Act 1963
2 The Crimes Amendment Act 1966
6 The Crimes Amendment Act 1969:
7 The Crime Amendment Act 1973:
3 The Crimes Amendment Act 1977
8 The Crime Amendment Act 1978:

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