While most people are familiar with the usual list of criminal offences, the law contains some surprisingly obscure, and occasionally amusing, prohibitions. From setting deadly booby traps on your property to challenging someone to a duel, there are a host of lesser-known crimes that might make you raise an eyebrow or even laugh out loud. But these laws, strange as they may seem, have real legal consequences.
In this article, we take a look at some of the more unusual crimes you might not know exist, and how they still hold weight in today’s legal system.
Prize Fighting
Did you know prize fighting is illegal? If you compete in a prize fight, or subscribe to or promote one, you commit a misdemeanour and can be imprisoned for up to a year.
The interaction between this law and professional boxing championships isn’t entirely clear; but the general understanding seems to be that prize fighting involves competitions where the fight is expected to go ‘to the bitter end’ rather than being for a limited number of timed rounds. The use of rules and equipment designed to promote safety (e.g. boxing gloves) is also relevant.
Possession of a thing used to play an unlawful game
This one’s an interesting one: the Criminal Code states that “a person who possesses gaming equipment that has been used, or is intended to be used, for playing an unlawful game commits an offence”. There are two other related offences – conducting or playing unlawful games and operating a place for unlawful games that regulate illegal games such an unlicensed gambling.
What makes the possession offence interesting is that one unlawful game, two-up, is legal on just one day of the year – ANZAC day.[1] So even just holding onto a kip that has been used for playing two-up illegally in the past might technically be an offence; even if you’re only planning to use it on April 25.
Setting mantraps
This one just sounds cool, even though it actually makes a lot of sense. Basically, you can’t booby-trap your property with spring-guns, traps, or other devices that are intended to kill or seriously injure trespassers; and breaching this law could land you in prison for three years. However, there are exceptions for traps designed to catch vermin (think mouse-traps, possum-traps); as well as for booby-traps that are set inside your house at night for the purpose of protecting the house.
Interfering with marine signals
You know those buoys at the beach? Removing or defacing them, or interfering with other marine signals (such as lights, markers, etc. that are used for navigation) can leave you facing up to 7 years in prison.
Obstructing railways
If you’re a protestor who loves to hold up traffic by gluing yourself to the road – stick to the streets! Obstructing railways in a similar fashion could earn you 2 years imprisonment.
Duelling
Until 2008, section 73 of the Criminal Code read “Any person who challenges another to fight a duel, or attempts to provoke another to fight a duel, or attempts to provoke any person to challenge another to fight a duel, is guilty of a misdemeanour, and is liable to imprisonment for 3 years”. Unfortunately this provision has now been repealed, but that only makes it more exciting – it’s now legal to challenge someone to a duel!
It’s unlikely that a challenge to a duel would be caught by the provisions that make sending death-threats criminal, as you’re not really threatening to kill your opponent (unless they accept, of course). Actually fighting the duel would be illegal of course, unless you take the time-honoured course of firing your pistol into the air; as it’s illegal to attempt to kill someone, even if they consent to their own death. But as long as you’re confident that the other party won’t accept, go nuts – defend your honour like your ancestors did by issuing challenges to scurvy knaves.
like more information regarding unusual crimes
Vocare Law is well equipped to assist in criminal defence matters with a wealth of collective knowledge and decades experience providing advice and representation in the area of criminal and traffic. Please don’t hesitate to contact our office if you have any questions on 1300-VOC-LAW / 1300-862-529 or email: enquiry@vocarelaw.com.au
This update was written by Martin Churchill, Lawyer.
**The information contained herein does not, and is not intended to, constitute legal advice and is for general informational purposes only.
