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CRIMES ACT 1914 SECT 34
34 Judge or magistrate acting oppressively or when
interested
- (1)
- Any person who:
- (a)
- being a judge or magistrate and being required or
authorized by law to admit any person accused of an
offence against the law of the Commonwealth to bail,
in abuse of his office, requires excessive and
unreasonable bail; or
- (b)
- being a judge or magistrate, intentionally and
perversely exercises federal jurisdiction in any
matter in which he has a personal interest;
shall be guilty of an offence.
Penalty: Imprisonment for 2 years.
- (2)
- Paragraph (1)(a) does not apply if the judge or
magistrate has a reasonable excuse.
Note: A defendant bears an evidential
burden in relation to the matter in subsection (2)
(see subsection
13.3(3) of the Criminal Code ).
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