Podcast
Questions and Answers
The general rule for the construction of the Code is to interpret it strictly against a person accused of any offence.
The general rule for the construction of the Code is to interpret it strictly against a person accused of any offence.
False
In the construction of the Code, a Court is bound by any judicial decision or opinion on the construction of any other enactment.
In the construction of the Code, a Court is bound by any judicial decision or opinion on the construction of any other enactment.
False
The illustrations set out in the Code form part of the Code but may be taken as limiting the generality of its provisions.
The illustrations set out in the Code form part of the Code but may be taken as limiting the generality of its provisions.
False
Section 5 of the Code applies to other offences created under laws other than this Code.
Section 5 of the Code applies to other offences created under laws other than this Code.
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Section 6 regarding jurisdiction over territorial waters is still in force.
Section 6 regarding jurisdiction over territorial waters is still in force.
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No person can be punished under common law for any act according to Section 8 of the Code.
No person can be punished under common law for any act according to Section 8 of the Code.
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Section 9 applies only to offences created under this Code.
Section 9 applies only to offences created under this Code.
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The general rule in the construction of the Code is to interpret it strictly against the State.
The general rule in the construction of the Code is to interpret it strictly against the State.
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The Code must be interpreted strictly against anyone accused of an offence.
The Code must be interpreted strictly against anyone accused of an offence.
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Judicial decisions on other enactments can bind a Court in interpreting the Code.
Judicial decisions on other enactments can bind a Court in interpreting the Code.
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Study Notes
General Principles
- A person can only be punished once for the same offence, even if it constitutes an offence under two or more enactments.
Contempt of Court
- The Code does not affect the power of a Court to punish a person for contempt of Court.
Intent
- A person intends to cause an event if they do an act for the purpose of causing or contributing to the event.
- A person also intends to cause an event if they do an act believing it will probably cause or contribute to the event, even if they don't do it for that purpose.
Offences
- Fabrication of evidence and deceit of the Court are offences (sections 213-216).
- Causing a witness to disobey a summons, disobedience to summons, and interference with legal proceedings are offences (sections 217-220).
- Violence against judges, disturbing the Court, and insulting the Court are offences (sections 221-225).
- Resisting arrest, rescuing a prisoner, and compounding a crime are offences (sections 226-235).
Public Offices and Public Elections
- Refusing to serve in public office, falsely pretending to be a public officer, and corruption by or of a public officer are offences (sections 236-243).
Construction of the Code
- The Code should not be construed strictly, but rather amply and beneficially to give effect to its purposes.
- A Court is not bound by judicial decisions or opinions on the construction of other enactments or common law when constructing the Code.
- Illustrations in the Code form part of the Code and can be used as aids to its construction.
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Description
This quiz covers legal provisions related to double jeopardy and contempt of court. Topics include being prosecuted under multiple enactments for the same offence and exceptions to being punished twice for the same act. Familiarize yourself with the legal implications of these concepts.
