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Criminal Offences

LAWS OF TONGA

[1988 Ed.]

CHAPTER 18

CRIMINAL OFFENCES

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.
3. Accused not to be convicted of offence not charged.

PART I-ATTEMPTS TO COMMIT CRIME

4. Impossibility of committing the crime according to intent of offender is no defence.
5. Punishments for attempts to commit crime.
6. Accused charged with committing an offence not to be acquitted if evidence only established an attempt.
7. Accused charged with attempt may be convicted although evidence establishes full offence.

PART II-ABETMENT, HARBOURING CRIMINALS, CONSPIRACY. ETC.

8. Abetment of crime and punishment of abettor.
9. Jurisdiction.
10. Trial.
11. Proof.
12. Abettor deemed a party to any offence which he ought to have known would be committed as a result of his counselling.
13. Harbouring criminals.
14. Compounding crimes.
15. Conspiracy.

PART III-EXEMPTIONS FROM CRIMINAL RESPONSIBILITY

16. Criminal liability of children.
17. Criminal liability of persons suffering from mental disease.
18. Procedure where accused on arraignment appears to be insane.
19. Procedure where accused was insane at time of committing the crime.
20. Custody of accused person found to be insane.
21. Intoxication.
22. Criminal liability of married women.
23. Criminal liability for acts of involuntary agents.

PART IV-PUNISHMENTS

24. Different kinds of punishment.
25. Payment of compensation.
26. Fines.
27. Fines: payment of, not enforceable until expiration of 14 days from conviction.
28. Imprisonment for non-payment of fine: period of, how reckoned.
29. Person imprisoned for non-payment of fine to be released on payment. Procedure on part payment of fine.
30. Power to -impose fine instead of imprisonment.
31. Whipping.
32. Imprisonment.
33. Death sentence: King's assent: power to commute.
34. Chief Justice on pronouncing sentence of death to forward report to Prime Minister.
35. Sentence of death: how executed.
36. Medical officer to supply certificate of death after execution of offender.
37. Inquest by magistrate on body of person executed.
38. Privy Council to appoint place of burial for executed criminals.
39. Power of Privy Council to make regulations with respect to execution of sentence of death.
40. Sentence of death not to be passed on expectant mother.
41. Procedure where women convicted of capital offence alleged to be pregnant.

PART V-TRIAL OF OFFENCES AND ALTERNATIVE VERDICTS

42. Trial of offences.

PART VI-PROCEDURE AGAINST CORPORATIONS

43. Procedure on charge of offence against corporation.

PART VII-OFFENCES AGAINST THE STATE