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 The Adversarial System Adversary System: This is a system of trial used Differences in Australia in which two sides contest to win the Adversary: case. The judg...

 The Adversarial System Adversary System: This is a system of trial used Differences in Australia in which two sides contest to win the Adversary: case. The judge & jury listens to argument presented only some evidence is allowed (e,.g character by both sides before the jury (or judge in a judge only trial) decides the case. evidence is not allowed more rights for the defendant; right to silence, This often means the side that is more convincing beyond reasonable doubt, can plea guilty, will win. The adversarial system depends on strict presumption of innocence, bail rules of evidence to try and ensure a just outcome. jury finds verdict It’s important the jury only decides on the evidence lawyers role is vital presented to them in court and isn’t influenced by other information. For example media reports etc. inquisitorial: all evidence is allowed. betterment of society; no right to silence, no The adversary system has five distinct features by guilty pleas, presumption of guilt, no bail which it is defined: judge finds verdict ‧ Two opposing parties (prosecution and defence) lawyers play little role ‧ An independent judge / jury judge can ignore precedent ‧ Standard and burden of proof beyond reasonable doubt similarities ‧ The need for professional representation Government in charge of prosecuting cases ‧ Rules of evidence and procedure (examination in try to make sure there is procedural fairness chief, cross examination, re examination) the defendant has the right to prove their innocence trial system. Inquisitorial system: Court system common in Europe and parts of Asia. The judge investigates the facts themselves with the assistance of lawyers to find out the truth of the case. The role of the lawyers in the case is to help discover the truth though ultimately, it is up to the Judge to investigate. the judge is the one in control. Lawyers play a very small role. There is no jury trials, occipitally there is a jury but it is very passive Law In Action  - Intro to Civil Law Civil cases are wrongdoings against a specific person or groups. this is different to criminal cases where it is a wrong doing against all of society. Civil law is only between individuals. Juries are no longer actively used unless the sum of money is very large and even then there are only four jurors instead of twelve. Laws in civil cases usually come from common law however it has been moving towards statute. Civil law aims to put the aggravated party in the position they would have been in if the grievance had not happen. Now days more focus is on all parties. The aim is NOT to reward. differences between the sets of law In more detail; criminal law attempts to balance the rights of individuals to freedom from interference with people or property or societal need for order. it is codified in the criminal code while other acts of parliament deal with more specific types of criminal offences. In civil cases the standard of proof is less: a balance of probabilities as opposed to criminal cases where · the standard of proof is beyond reasonable doubt. This is because the sentence is vastly different. With a suit, the defendant ending up with a potential reparations of damages (fine) or a court order. Whereas the potential outcome of a trail being gaol time for the accused. The onus of proof is on the plaintiff for civil matters and the burden of proof falls on the prosecution/crown. Types of civil law torts contracts property family contract law Is a clear relationship between the parties that is legally binding. If either of you breached this promise the other could seek remedy under contract law. It is pretty easy to estimate the consequences of this breach due to the existing legal relationship and its conditions. contracts can be verbal, conduct or written. Typical remedies 1. damages 2. order to continue 3. injuction tort law tort is a legal wrong committed upon a person or their property. This branch of civil law was founded by the Donoghue vs Stevenson case. “My nieghbour is anyone who can be affected by by actions or omissions recognised relationship is for the reasonable person test. proportionate liability is contributory negligence and was introduced in 2003 and means that if multiple people were at fault then all of them would pay for a percentage of the price. 1. trespass 2. negligence 3. defamation  Alternatives ADR Stands for alternative dispute resolution and is just a way of reaching a resolution without going to court first. going to court is a last resort. The courts have been tied up with civil cases and therefore civil cases were responsible for most of the cases going to court and criminal trials are being pushed back as a result of this. This was costing tax payers money. mediation is not legally binding  torts of defamation Defamation is words or actions that is likely to harm the reputation of another person. proof of this harm is not necessary. for this two elements must be present, what was said what was defamatory, no defence is available, it was published. Defamation is the speaking or publication of words or other matters (e.g. photography) which is likely to; injure a persons reputation in the eyes of ordinary people in the community injure a person in their profession or trade likely to result in a person being shunned, avoided, ridiculed or despised the matter must be capable of allowing others to know that it refers to the plaintiff. It is only defamation if the speaking or publication is to a third person who must understand the defamatory comment. It is not defamation to make rude comments directly and only to a person who is the subject of those comments. It is dependent entirely on context is which is made and the time. You cannot sue on behalf of a dead person. It is a state responsibility because it is not in the constitution however in 2005 because of the rise of the internet every state now has uniform defamation laws. defamation is not about who is responsible. Ultimately it is about who has the most money to give. reason for defamation laws there is a need to balance the rule of law which aims to balance the right of free speech (and freedom of media) with protecting a persons reputation. freedom of speech is not in the constitution. It is an express right. This does not apply to political communications. In 2021 defences for defamation truthful public interest has been questioned by academics as weakening our separation of powers. This is because judges have artistic licsene - employment law craft union began the Australian Labour Party. Trade unions are dying. John Howard tried to take away the unfair dismissal act if there were 100 or less employees. This decision was very unpopular. He was trying to protect businesses from claims of unlawful dismissal. A politician with a crappy moral compass? wbk. This work choices act was replaced by the fair work act wages are closer managed by the workplace now instead of the government. wages are usually on awards (this is more with public servants) or enterprise bargaining. This is that, awards are government, enterprise bargaining are workplace. the fair work act introduced the following: protection from unfair dismissal, protection for low paid workers, a balance between work and family life, the right to be represented in the work place. a fair and comprehensive safety net of 10 national employment standards (NES). - Basics Criminal law cases are brought by the state through the Theories related to this being department of public prosecution (DDP) against a defensible space theory, which examines how the design of defendant. physical space is related to crime; A jury of 12 members are used to determine a defendants broken windows theory, which looks the relationship between guilt. low level disorder and crime; and The crown prosecutor must prove the defendant’s guilt routine activities theory, which considers how opportunities to beyond reasonable doubt. commit crime A defendant can appeal against a verdict and sentence. The are shaped by between people’s everyday movements through DDP can only appeal against a sentence. space and time. crime is an act that offends all of society. Anomie/Strain Theory His theory argues that crime occurs when there is a gap between the criminology is the study of crime itself cultural goals of a society (e.g. material wealth, status) and the structural means to achieve these (e.g. education, employment). This strain between means and goals results in frustration and criminology theories: The theories covered can be resentment, and encourages some people to use illegitimate or illegal categorised into two main approaches: means to secure success. In short, strain theory posits that the cultural 1) Biological theories values and social structures of society put pressure on individual citizens 2) Sociological theories to commit crime. Young argues that the dismantling of the welfare Lombroso and Biological Positivism: state, alongside increasing disparities between the rich and the poor, have served to further exclude disadvantaged groups. This has occurred He believed that there is a physical reasoning behind alongside high levels of cultural inclusion. Contemporary consumer criminals. capitalism places greater emphasis on conspicuous consumption and Three main types: the born criminal, which was material success, intensifying feelings of deprivation experienced by the characterised by physical stigmata (e.g arm length). less successful. Insane criminals which were (developmentally disabled, alcoholics, ect). Criminaloids which committed occassial crimes if the subcultural circumstances were right. Cohen argued that lower-class youths could not aspire to middle-class cultural goals and so, frustrated, they rejected them to create their own While this theory is no longer used in large. Biological subcultural system of values. In school, for example, they gain status theories have been adapted e.g. and respect by meeting the expectations of peers not teachers, engaging Biochemical conditions (e.g. linked to poor diet or in delinquent activities such as smoking, truanting, and acting up in hormone imbalance) class. Neurophysiological conditions (e.g.learning disabilities caused by brain damage) Rational Choice Theory Genetic inheritance and/or abnormality This branch of criminology sees individuals as rational actors: individuals Intelligence are capable of making their own choices, which includes choosing to commit crime. In any course of action, individuals weigh up the likely benefits and disadvantages of each action The Chicago School/Social Disorganisation Theory Left Realism Sociological approaches suggest that crime is shaped by One of the key concepts of left realism is relative deprivation. Closely factors beyond the individual, e.g. their experiences within associated with anomie theory, relative deprivation suggests that crime the neighbourhood, the peer group, and the family. happens when individuals or groups see themselves as being unfairly Researchers found that crime rates are significantly higher disadvantaged compared to other individuals or groups who they see as in areas with poor housing, low education, poor being similar to themselves. Since the disadvantage is perceived and health, socio-economic disadvantage and transient determined by an individual, it is a subjective assessment. populations. - Crime and Responsibility Parties to a crime Victim: a person who has suffered a loss due to the actions or rehabilitation: ommisons of another This theory is often criticised as being weak, but it is based suspect: a person who is thought to have committed a crime on the idea that it is better to assist an offender with and is being investigated positive experiences (education, job or counseling) that accused: the person being charged lessen the “needs” to offend than to consign the offender to witness: a person who has seen/heard information relevant to penalties that push them further into the criminal justice the alleged crime system, and thus into a long-term criminal identity. offender: a person who has broken the law. the victims and the accused BOTH have rights. The accused has a presumption of innocence (innocent until proven guilty), they have the right to a lawyer, if they cannot afford one - one will be provided for them. They have a right to know the charges and evidence that is being brought in. the victim also has rights. They have the right to give evidence as a vulnerable witness if they so desire. This involves having support in a courtroom. They are allowed to be informed about the proceedings. They have the right to know about the likely release fate of an offender. Victims may be put on a victim registry. purpose of punishment According to section 9 of the Penalties and Sentences Act 1992 (Qld), the reasons for imposing penalties in Queensland can include: punishment of the offender rehabilitation of the offender deterrence for the rest of the community, denunciation for particularly unacceptable crimes and protection of the community. Denunciation for particularly unacceptable crimes, Protection of the community retribution punishment Sends a clear message that actions will have consequences. Revenge can make victims families feel better. It can be seen as restoring a balance to society. Restorative retribution (community service) helps society by making the person give back to society. It also has a question: When does revenge end? Many crimes are spur of the moment, revenge is calculated. People should not live in fear of constant revenge deterrence punishment Avoid committing crime. It comes prior to crimes as it stops it happening, whereas retribution deals with a crime after it has taken place. In USA they have a THREE STRIKES policy in many states. This practice was started in New York by Rudy Giuliani to combat high crime. If a person had been in gaol previously on two occasions and found guilty of a third offence they would receive an automatic LIFE sentence (25 years to life) regardless of the crime (mandatory sentencing) (stealing e.g.)  Evidence. The prosecution will need to prove in court through documentary: documents which havre been produced under evidence, that the accused person physically committed technical rules of evidence and which have been made available the act beyond reasonable doubt. Forensics, the collection for inspection by the opposing party and the court. of evidence and witness testimony are all vital parts of the real: physical objects that are relevant to proving either party’s process. It is through these methods of investigation that case and marked individually as exhibits for the benefit of the an accused can be linked to the scene of the crime and court. the criminal act. irrevant evidence if the evidence does not relate to the question of fact in dispute, Section 196 of the Police Powers and Responsibilities Act then it will not be allowed to be given to court. The rule is intended 2000 (Qld) gives police the right to seize property that they to avoid evidence being given that is likely to sidetrack the court reasonably suspect is evidence of the commission of an or unfairly prejudiced to one or more parties offence. The police must have lawful reason to be at the location where the evidence is located. Another example is the past convictions or the character (for example, evidence that the accused has been dishonest or violent direct vs indirect evidence on previous occasions) of the accused, which are usually direct evidence a statement, whether orally or in writing disallowed as irrelevant to the question of whether or not the accused has committed the crime in the current trial. This is called that a particular fact is true because the maker of CHARACTER EVIDENCE statement saw, felt or heard it. E.g. witnessed the accused actually punch and kick another person hearsay evidence generally ruled inadmissible when a witness asserts as a fact indirect evidence circumstantial evidence. It is evidence of something the witness did not actually see, hear, feel or smell, but facts which make it probable that the other important facts instead is relying upon someone else's statement about it. are true. e.g. witness the accused person leaving a hotel at the same time as the victim only minutes before the For example, a customer who was on the other side of a incident took place. supermarket when an elderly lady fell heavily as a result of slipping on a discarded lottery ticket on the floor will not be permitted to give evidence in a negligence court case against the rules for evidence supermarket owner that, several minutes after the accident, a There are rules which govern which evidence is shop assistant commented that he had noticed the lottery ticket admissible and which is not. lying on the floor over an hour before the accident. Instead, the This is to stop corruption, protect the innocent, stop plaintiff will be required. to call the shop assistant to directly give perversion of the criminal justice system, save time & the evidence to the court as the direct source of the evidence. distraction for the jury. This direct evidence can be tested by way of cross-examination. The Evidence Act 1977 (Qld) outlines the process for collecting, using and destroying evidence, including who opinion evidence Witnesses can give evidence of facts which they know from their can give testimony, and what evidence is admissible in experiences to be true. They cannot give their opinion of what was court. probably true. Opinion evidence is an inference made by a Admissible: evidence that is introduced and allowed during witness from circumstances which normally can be made only by trial an expert or by the fact-finding body (either the judge or the jury). inadmissible: evidence against the accused that cannot be It is therefore inadmissible unless the witness is an expert and the used in court during trial subject matter of the testimony of the witness is ,within the scope of the witness's expertise. catergories of evidence. oral: present by witnesses in person. Once called but a Experts include psychiatrists, social workers, orthopaedic surgeons, engineers, handwriting experts, forensic scientists, party they must submit themselves to cross-examination pathologists and many other people with highly specialised by the opposing party. The magistrate or jury will have to knowledge, skills and experience. decide which witness has the greater credibility when there are conflicting accounts Privileged communication Dna profiling Statements made in the confidentiality of a doctor-patient Is a forensic technique in criminal investigations, comparing or lawyer-client relationship are presumed to be criminal suspect’ profiles to DNA evidence so as to to assess privileged ‘safe’ from disclosure (forced to say what was the likelihood of their involvement in the crime said) in a court hearing. This rule of evidence also applies to 'without prejudice' communications, which are communications made between the solicitors for the opposing parties to a court hearing when the aim of the communications is to achieve a settlement of the dispute before a court decision is made. An accused person in a criminal trial also has a privilege against self-incrimination, which means that, in general, the accused cannot be forced to give evidence that would expose him or her to the risk of a criminal charge. Character evidence The past criminal record or character of the accused in a criminal trial, apart from generally being considered irrelevant to whether the accused is guilty of the current crime, is also disallowed on the basis of it being unnecessarily and unfairly prejudicial to the jury's general opinion of the accused. This rule of evidence is designed to ensure that the accused remains, in the minds of the jury, innocent until proven guilty by the evidence provided at the current trial Evidence admissablilty can be affected by many issues such as relevance exclusionary rules such as the rule against hearsay and the rules relating to opinion evidence discretion to exclude otherwise admissible evidence Unfairness discretion (discretion to exclude evidence where it would be unfair to the accused on the grounds that it would hamper or prevent a fair trial because it is more prejudicial than probative) Public Policy discretion (evidence obtained by the State by unlawful or unfair means) this discretion has become particularly relevant since the introduction of the Police Powers and Responsibilities Act 2000 (PPRA). Examples of when the discretion is commonly used; Lack of proper cautioning before questioning Unlawful searches  Prison & Punishment and the likes Mandatory sentencing Mandatory sentencing establishes an exact penalty for each Mandatory sentencing means a one size fits all approach to the category of offence individually. Normal sentencing sets a range culpability of the person who has committed the crime, instead of of penalties allowing judges and magistrates to interpret the matching the sentence to how serious the crime was. This leads sentence according to the circumstances of the offence and the inevitably to harsh and unfair sentences. offender. Mandatory sentencing laws have taken away the MANDATORY SENTENCING DOES NOT REDUCE CRIME discretion of magistrates and to recourse individuals to non- was NOT effective in protecting the community; custodial programs and sentences they deem are without risk to did NOT lead to sentences that rehabilitated people or prevented society. They must apply the sentence prescribed, it is them from reoffending; resulted in penalties which are mandatory disproportionately high; and caused strain on the criminal justice system. mandatory sentencing: WA and NT Based on this evidence, the Victorian Government abolished the mandatory sentencing laws were enacted in Western Australia mandatory prison sentence for this offence in 2010 and the Northern territories in 1996 and 1977 respectively, for juvenile and adult offenders. Aboriginal people are heavily over-represented, the length of the minimum sentence is not an adequate deterrent, These laws require that offenders automatically go to jail for and the effect on prison population was unmanageable, minimum prescribed periods for particular offences the level of custodial sentencing rose by 50% under mandatory sentencing. mandatory sentencing laws are arbitrary are are not Property crime in the Northern Territory actually increased during the proportionate to the crime. mandatory sentencing period and decreased after the abolition of the provisions the Western Australian laws provide that when convicted mandatory sentencing in QLD offence third time or more for a home burglary, adult and Increasingly, the Queensland government is introducing mandatory juvenile offenders must be sentenced to a minimum of of twelve sentencing to more and varied offences, including: months imprisonment or detention. This is regardless of the murder; gravity of the offence. This is unfairly affecting our First Nations certain child sex offences; people. evading police; graffiti; the Northern Territory sentencing act 1995 provided that possession, supply or trafficking of unregistered firearms; persons over the age of 18 found guilty of property offences driving under the influence of drugs or alcohol (three times in five shall be subject to a mandatory minimum term of imprisonment years). for fourteen days a for a first offence, ninety days for a secondary property offence and one year for a third property big yikes. offences. In 2001, these laws were changed due to the high deaths in custody of indigenous Australian. reasons it sucks! there is no support, such as rehab, diversionary programs, ect. the separation of powers is watered down. no judicial discretion. its not a deterrent. There is overwhelming evidence from Australia and overseas demonstrating that it fails to reduce the crime rate leads to harsh and unfair sentences and disproportionately affects aboriginal and Torres straight islander and other marginalised groups Mandatory sentencing means a one size fits all approach which doesn’t properly consider the circumstances of the offender. Giving judges and magistrates discretion maximises the chances of finding a sentence which will address the causes of the offending and reduce the chance of reoffending. Evidence shows that therapeutic approaches to sentencing, such as community and treatment-based orders, can substantially reduce reoffending rates compared with prison - Elements of Crime Criminal law is the responsibility of the state. The commonwealth types of crime! can enact criminal matters that arise under its constitutional criminal law can be broken down into powers, such as importing and exporting drugs and other offences against the person prohibited items under its customs powers property offences drug offences criminal code 1899 (QLD) by sir Samuel Griffith, Western Australia traffic offences is the other state has a criminal coded as its main source of law other offences for crime. Some criminal law is the same in the code as it is in the common law; some is different see the types of offenses sheet meep meep types of offences understanding elements summary every offence has certain elements that must be established minor criminal offences by the prosecution before a person can be found guilty. heard in the magistrates court note, crimes where strict liability is applied to prove criminal before a judge alone intent. E.g speeding. Therefore only actus rues needs to be indictable offenses proved not mens rea more serious criminal offenses heard in the county or Supreme Court offence against the person: unlawful killing before a judge and jury s293 code — unlawful killing some indictable offences some indictable offences can be s302 code — murder heard in the magistrate’s court and are know as indictable killing must be unlawful offences heard summarily cause and effect relationship between actions of accused and death of victim S3 of the QCC, classifies criminal offences into: cause of death can be direct or indirect. Like if I punch out 1. Indictable Offence – serious criminal offence that may be max lightwood-bane and he falls back and hit his head heard by a judge and a jury. That is, indictable offences go to trial as it is a written charge to the accused to stand unlawful killing: more! before the court with a jury.eg; murder, sexual assault, killing is unlawful: in rare cases killing is lawful e.g. if done grievous bodily harm, etc. by police officer in extreme cases 2. Summary Offence – minor criminal offence heard and cause and effect: did the defendants actions cause the victim’s death? decided by a judge/magistrate alone (no jury), eg; minor Old rules said that victims had to die within a year of traffic offences, offensive behaviour, etc. Has a gaol wrongdoer’s actions but this rule was abolished sentence of less than 3 years causing death can be direct or indirect e.g. withdrawing food, or where death is the probable outcome of something the accused did. mandatory life sentence for convicted murderers to recognise the serious nature of attacks on pregnant women the offence of killing an unborn child was introduced. Laws were changed in 1997 and now states that “a(ny) person so unlawfully assults  Unlawful Killing legislation involuntary manslaughter where the person lacked the Murder (S302, 305) necessary intent for murder. The category of involuntary Unlawful killing of another in one of 3 ways: manslaughter can be sub-classified into (a) an unlawful (i) wilful killing of a person either intentionally, or with intentional act lacking the intent for murder and (b) a death reckless indifference. caused by negligence (iii) also includes acts - likely to endanger life rules for parole - in prosecution of an illegal act its not guaranteed — it is a decision for the parole board. The minimum time an offender sentenced to life if death is caused by an act done, or omission made, with reckless indifference to human life inprisonment must spend in prison is set by legislation. The corrective services act 2006 (Qld) establishes these S290 provides that an unlawful killing is murder if the mandatory minimum non-parole periods: death is caused by means “of an act done of prosecution of an unlawful purposed which act is likely to endanger 30 — murder of more than one person or by an offender human life”. Under s302 (2), no intent of knowledge is with a previous murder convition involved. The Crown must prove: 25 — murder of an officer 1.An unlawful killing 20 — murder other than listed above, or repeat serious 2.That the act causing death was one likely to endanger child sex offence human life 15 — any other life sentence imposed got another offence, 3.The act was done in prosecution of an unlawful purpose e.g rape Manslaughter Indefinite sentence — dangerous prisoners Unlawful killing of another under circumstances not a court can impose an indefinite sentence, instead of a consistent with murder fixed term, when an offender is considered a serious - lack of intent danger to the community - usually where criminally negligent actions or omissions, eg: this means the offender has no fixed date when they can duty to provide necessaries apply for release on parole. The court must consider all of uty to take reasonable care in employment the following: duty to take reasonable care when in control of a whether the nature of the offence is exceptional dangerous thing (car, weapon, any article capable of an offender’s characteristics, including age and being used dangerously) previous offending any relevant medical, psychiatric, prison or other defenses reports about the offender reductions to manslaughter any risk of serious harm to members of the community Provocation S304 if the offender is not given an indefinite sentence Diminished capacity S304(A) the need to protect the community from that risk. Killing in an abusive relationship S304B When giving an indefinite sentence, the judge must specify manslaughter the nominal sentence they would have given if they had not Voluntary manslaughter where the person intended to kill imposed an indefinite sentence. or cause grievous bodily harm or a bodily injury that endangers life, but where a partial defence applies such The court must carry out periodic reviews once the offender as provocation or diminished responsibility or killing in an has served the relevant non-parole period they would have abusive relationship or excessive self-defence. otherwise been required to serve, which varies depending on the type of offence. - Types of Assault assault broadly Do not consent to behaviour that is clearly outside the rules S245 defines assault as applying force to person of of the game and person who commits such behaviour can be another, including touching. Including attempting or charged with assault. treating to apply force of any kind to another without their consent, where person making the threat or attempt could grevious bodily harm actually do what they are threatening or if the person it means that whatever you have done to the person is life threatens thinks they can changing. Causing a real and substantial loss or injury foreseeable verbal threats of themselves are not assault consent to an assault does not allow for also covers acts intended to cause GBH a) consent is not full and genuine More serious than GBH because of intent: b) person is under 18 e.g transmit serious disease (eg acrobat who knowingly had c) consent is tricked or forced AIDS and had unprotected sexual relations with multiple partners without their knowledge of his condition) s317 has two types of assault been extended to include transmission of serious disease. battery involves Acts to maim, disfigure, disable a. The actual application of force Deliberate needle stick injury b. Of a person Throwing acid in someone’s face c. Directly or indirectly Penalty: Max Life (in WA, max sentence is 20 years) d. without consent or if consent is fraudulently obtained penalty is max 3 years. torture s320A introduced in 1997 due to increasing concerns from society common assault that laws were not protecting our children and vulnerable a. a bodily act or gesture that adults b. attempts or threatens to apply force of any kind to intentional infliction of severe pain and can include mental, c. a person physical, psychological or emotional pain. d. without express or implied consent acute torture. e. where there is an actual or apparent present ability to is torture that is sustained intensely over a short period of effect that purpose time. penalty is max: 3yrs or 36 000 unlawful striking causing death serious assault s340 1) A person who unlawfully strikes another person to the a. assualting another intending to commit a crime head or neck and causes the death of the other person is b. Assaulting a police officer in the line of duty, max 14 guilty of a crime. Maximum penalty — life imprisonment. c. Assaulting a person over the age of 60 (2) Sections 23(1)(b) and 270 [Prevention of repetition of d. Assaulting a person who relies on a guide dog, insult] do not apply to an offence against subsection (1). wheelchair or other remedial device (3) An assault is not an element of an offence against e. Assaulting a person in connection with business, max 5 subsection (1) … (7) In this section, strike, a person, means f. Assaulting a prison officer, max 7 directly apply force to the person by punching or kicking, or g. Assaulting a member of crew in an aircraft, max 14 by otherwise hitting using any part of the body, with or without the use of a dangerous or offensive weapon or assault and consent instrument. The key section is s 314A(2) which specifically Can consent to some assaults e.g. person who brushes excludes the defence of accident under s 23(1)(b). A notable past you in train or bus – not actionable because part of difference between the Queensland and Western Australian everyday life ‘one punch’ legislation is the presence of s 314A(3) in the By participating in contact sport, consent to expected and Queensland Code, which states that assault is not an usual force within the rules of the game element of the offence. By contrast, s 281 (WA) requires an intention to commit an assault  Other Crimes stalking brought into the QCC in 1993 and last amended in 1999 Conduct that is: a. Intentionally directed at the stalked person b. Engaged in on any one occasion if the conduct extends over a long period of time, or on more than one occasion c. Consists of 1 or more acts of the following or similar type following, loitering near, watching or approaching a person contacting a person (phoning, faxing, emailing, etc.) loitering near, watching, approaching or entering a place where the person lives, works or visits giving offensive material to the person leaving offensive material where it will be found by or given to the person intimidating, harassing or threatening an act against a person or their propert that: 1. would cause the stalked person a reasonable fear 2. causes detriment to the stalked person Penalty: Max 5 yrs where no violence, threats or weapons are involved Penalty: Max 7 yrs if violence, threats or weapon is involved or contravenes an injunction or court order. sexual crimes rape: refined in the 2000 amendment. Rape is defined as having sexual relations with another person without their consent, or with their consent if obtained by fraud, threats or intimidation in the past, rape was gender specific Until 1991, in some States a man could not be charged with raping his wife, because a wife was considered the property of her husband and incapable of withholding consent to sexual intercourse with him Example of the law changing (although slowly) in response to changing society attitudes  Revise and Remind seperation of powers is how we ensure that we dont turn queensland court higherarchy into a dictoratorship. it upholds the rule of law in that nobody magistrates court is above the law or exempt from it. each arm has it’s own i low level offenses (summary offense), e.g petty theft. a guess role or purpose. jail time of less than 3 years. for civil matters