Parliament Important Changes In Crimes Bill (Press, 29 August 1959)

On 28 August 1959, the House of Representatives in Wellington saw the introduction of a comprehensive Crimes Bill comprising 424 clauses. This bill aims to consolidate and amend the Crimes Act of 1908, reflecting significant revisions to New Zealand's criminal code. Initially presented in 1957, the bill did not progress at that time. The existing legal framework dates back to the Criminal Code Act of 1893, which was influenced by an English code from 1879 but was never adopted in England itself. A major aspect of the new bill is its revision of penalties, striving for a more equitable balance between crimes against people and property. Notably, the death penalty for murder has been abolished, replaced by a mandatory life imprisonment sentence. Life sentences for other offences have been removed, with a maximum determinate sentence of 14 years established for various crimes. However, the courts retain the authority to impose unlimited preventive detention for repeat sexual offenders. The bill introduces provisions that bars conviction for crimes pertaining to United Kingdom statutes unless equivalent laws are included within the bill itself. Additionally, it establishes several new crimes such as communicating secrets, sabotage related to defence, exploitation of prostitutes, and several forms of violence, including kidnapping and cruelty to children. Several outdated offences are abolished, including those addressing piracy and libelling foreign sovereigns. Current bribery laws are extended to cover a broader range of public officials. The bill also strengthens the penalties for crimes against children, while introducing new provisions to handle sexual offences that don't constitute technical assaults. In terms of homicide laws, the bill notably revises provocation definitions and introduces the concept of diminished responsibility, allowing certain murder charges to be reduced to manslaughter. The crime of infanticide with lesser penalties is also established. False pretences are addressed under the new legislation, focusing on promises made with no intent to perform. Criminal damage laws are adjusted to eliminate offences against property jointly owned, unless with fraudulent intent. In matters of contempt of court, the legislation creates a right of appeal against sentences and convictions. Attempted suicide is decriminalised, with plans to develop provisions under health legislation for those at risk of suicide. The bill clarifies the jurisdictional reach concerning offences committed outside New Zealand, distinguishing exceptions involving serious infractions such as treason or piracy. Furthermore, it expands jurisdiction to include indictable offences committed on ships and aircraft by New Zealand residents, regardless of their citizenship. This extensive overhaul reflects a pivotal shift in New Zealand's legal landscape, aiming for a more modern, equitable approach to its criminal justice system.

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