Criminal Law and Procedure (Queensland)
Framework
Queensland's criminal law is codified in the Criminal Code Act 1899 (Qld). Procedure is governed by the Justices Act 1886 (Qld) for summary matters and the Code for indictable matters. The Penalties and Sentences Act 1992 (Qld) governs sentencing.
Core concepts
- Elements: most offences require physical elements (conduct, circumstances, consequences) and a mental element. Section 23 excuses accidental, unwilled acts; s 24 excuses honest and reasonable mistake of fact.
- Intention and motive: intention is inferred from conduct; motive is generally irrelevant to guilt but may be relevant to sentence.
- Parties: principal offenders, aiders and abettors under s 7, and counselling or procuring under s 8. Common purpose under s 8 requires a shared intention and foresight.
- Defences: self-defence (ss 271-272), provocation (s 304, partial), insanity (s 27), diminished responsibility (s 304A), automatism, and intoxication (s 28).
- Procedure: committal proceedings in the Magistrates Court; indictment presented in the Supreme or District Court; jury trial for indictable offences.
- Bail: governed by the Bail Act 1980 (Qld); presumption in favour of bail except for specified offences.
- Sentencing: proportionality, parity, totality, and the Penalties and Sentences Act factors.
Traps
Candidates often confuse provocation (partial, reducing murder to manslaughter) with self-defence (complete). Another trap is treating intoxication as a general defence when s 28 is limited. Also watch for questions that import Commonwealth or NSW offences into Queensland.
Rule of thumb
For any offence, identify: (1) the Code section; (2) physical elements; (3) mental element; (4) any defence; (5) procedural pathway. Then check whether the question concerns guilt or sentence.