Section Sch2 — Crimes Act 1961: Forms

Schedule 2 Forms Section 321 Form 1 Certificate of execution of sentence of death Clause 4, Schedule 1 [Repealed] Form 1 was repealed, as from 26 December 1989, by section 3(1)(b) Abolition of the Death Penalty Act 1989 (1989 No 119). Form 2 Declaration of execution of sentence of death Clause 5, Schedule 1 [Repealed] Form 2 was repealed, as from 26 December 1989, by section 3(1)(b) Abolition of the Death Penalty Act 1989 (1989 No 119). Form 3 Request by accused person to be brought before the Court for sentence s 321 I, AB, having been committed to the High Court [or to a District Court at ..........] for trial on a charge of.........., now desire, of my own free will, to plead guilty to that charge, and hereby request that I be brought before that Court as soon as practicable in order that I may plead guilty to that charge and be sentenced accordingly. My full address [If not in custody] is............................... A B The above written request was signed before me, after having been read over by me to the accused person this ............ day of ................... 19 ......., at......................... J S, Justice of the Peace, [Community Magistrate,] [or Registrar of [District Court Judge]'s Court (not being a constable)]. Form 3 Heading was amended, as from 1 May 1981, by section 25(a) Crimes Amendment (No 2) Act 1980 (1980 No 85) by omitting the word “ High ” . Form 3 first paragraph was amended, as from 1 May 1981, by section 25(b) Crimes Amendment (No 2) Act 1980 No 85) by inserting the words “ [or to a District Court at......] ” . Form 3 was amended, as from 1 May 1981, by section 25(c) Crimes Amendment (No 2) Act 1980 (1980 No 85) by substituting the words “ that Court ” for the words “ the High Court ” . Form 3 was amended, as from 30 June 1998, by section 8 Crimes Amendment Act (No 2) 1998 (1998 No 79) by inserting the words “ Community Magistrate, ” . Form 3 was amended, as from 1 April 1980, pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125) by substituting the words “ District Court Judge ” for the word “ Magistrate ” . Form 4 Indictment ss 328 , 340 [Heading] In the High Court [or District Court] at [Name of place where indictment is filed]. THE Attorney-General [or The Solicitor-General or The Crown Solicitor at ............. or The informant AB] charges that.................... [Where there are more counts than one, add at the beginning of each count: The said .................. further charges that ................ .] Charge Examples of the Manner of Stating Offences (a) A murdered B at ............., on .............................. . (b) A stole a sack of flour from a ship called the .................., at ................ on ......................... . (c) A obtained by false pretences from B a motorcar a ............., on ............................... . (d) A committed perjury with intent to procure the conviction of B for an offence punishable with imprisonment for 3 years or upwards, namely, robbery, by swearing on the trial of B for the robbery of C at the sittings of the .................. Court held at................on the.....................day of................19......: First, that he, A, saw B at..............on the..........day of ...............; secondly, that B asked A to lend B money on a watch belonging to C; thirdly, etc. Or, (e) A committed perjury on the trial of B at a sitting of the ......... Court held at ................. on ..............., for an assault alleged to have been committed by B on C at............on the...............day of..................,by swearing to the effect that B could not have been at ............. at the time of the alleged assault, inasmuch as A had seen him at that time in ................ (f) A, with intent to cause grievous bodily harm to B, [or with intent to avoid the arrest of A, or C], injured [or caused grievous bodily harm to] B [or D]. (g) A, with intent to injure or endanger the safety of persons on a railway, did an unlawful act in respect of an engine, a tender, and certain carriages on the railway at ..............., on .............., by [Describe with so much detail as is sufficient to give the accused reasonable information as to the acts or omissions relied on against him, and to identify the transaction]. Form 4 was amended, as from 1 May 1981, by section 25(2) Crimes Amendment (No 2) Act 1980 (1980 No 85) by inserting the words “ [or District Court] ” . Form 4 was amended, as from 1 March 1996, by section 4(1) Crimes Amendment Act (No 2) 1995 (1995 No 68) by substituting the word “ filed ” for the word “ presented ” . See clause 2 Crimes Amendment Act Commencement Order 1996 (SR 1996/1). Form 5 Challenge to array Section 362(2) [Repealed] Form 5 was amended, as from 1 May 1981, by section 25(3) Crimes Amendment (No 2) Act 1980 (1980 No 85) by substituting the word “ at ” for the words “ of the District of ” . Form 5 was repealed, as from 1 May 1982, by section 37(1) Juries Act 1981 (1981 No 23). Form 6 Challenge for cause Section 363(2) [Repealed] Form 6 was repealed, as from 1 May 1982, by section 37(1) Juries Act 1981 (1981 No 23).