Full Description
Criminal Law Guidebook: Queensland and Western Australia is the latest in the Guidebook series. It covers the fundamentals of criminal law in these jurisdictions. It facilitates student learning by using accessible and clear language to explain complex concepts. Questions to students mirror the assessment types that students will encounter during the course of semester, to help practice skills and consolidate content knowledge.
The book is divided into eleven chapters, nine of which cover the criminal law, and the remaining two cover criminal procedure and sentencing.
Contents
1. Introduction to the Criminal CodesAustralia's criminal law landscapeThe model Criminal CodeThe Griffith CodesInterpretation of CodesPrinciples of criminal law and criminal procedureDifference between a crime and a tortBurden of proofReception of imperial law and customary criminal law2. Criminal Responsibility in the CodesIntroductionElements of criminal responsibilitySection 23 of the CodesHistory of Section 23Objective and subjective tests of criminal responsibilityThe need for concomitance between the physical and fault elementsIntoxicationThe duty provisionsAutomatism3. Criminal ProcedureIntroductionThe balancing of interests in the criminal justice systemThe structure of the court systemPolice powersArrestQuestioning and confessionsInvestigative proceduresBailThe trial processAppealsDouble jeopardy4. Offences Against the PersonIntroductionThe definition of assaultThe elements of assaultConsentAssault occasioning bodily harmSerious assaultsGrievous bodily harmWoundingThreatsStalkingDefences5. Sexual OffencesIntroductioThe definition of sexual penetrationThe elements of rape and sexual penetration without consentConsentOffences against persons not competent or incapable of giving consentSexual assault (Qld) and indecent assault (WA)Aggravated sexual penetration, sexual coercion and aggravatedsexual coercion (WA)Alternative verdictsDefences6. HomicideIntroductionThe meaning of 'unlawful'The meaning of 'killing'The meaning of a 'person'The meaning of 'death'The meaning of 'causation'MurderConstructive murderManslaughterUnlawful assault causing death7. Property OffencesIntroductionStealingRobberyBurglary/housebreakingFraudDamage to propertyDefences-honest claim of right8. Drug offencesIntroductionState drug offencesEvidentiary provisionsPossessionMental element of possessionSupplyTraffickingProducingFederal drug offences9. Extending Criminal ResponsibilityIntroductionAttemptsConspiracyComplicity and common purposeComplicityCommon purposeWithdrawalDifferent verdictsAccessory after the fact10. DefencesIntroductionSelf-defenceProvocation (murder)Provocation (assault)Killing for preservation in an abusive domestic relationshipDuress/compulsionEmergencyMistake of factInsanityDiminished responsibilityElementsImmature age11. SentencingIntroductionPrinciples of sentencingPurposes of sentencingFactors in sentencingAggravating factorsMitigating factorsGuilty pleaThe offender's character, age and intellectual capacitySentencing indigenous defendantsSentencing methodologyDiscretion to record or not record a convictionTable of casesTable of statutesIndex
