CRIMINAL LAW LAWS2708, Semester 1, 2027 Research training (Week 9, 22-26 April 2024) THE UNIVERSITY OF QUEENSLAND AUSTRALIA Prof Dr Andreas Schloenhardt The University of Queensland School of Law Brisbane Qld 4072 Australia [emailprotected] The following question was the research assignment in the criminal law course a few years ago. Reference to this example will be made in the lecture. Watch the 'Law Library research training' video on Blackboard to see how to research this type of assignment question. Also look at the published article about how to write, set out, reference etc this type of assignment (note that the published version is much longer). Question A critical look at Queensland's Criminal Code suggests that the Code contains many offences that stem from a different era and are out of step with contemporary society. One such offence is s 327 of the Criminal Code: 'setting mantraps': (1) Any person who sets or places any spring gun, mantrap, or other engine calculated to destroy human life or to inflict grievous bodily harm, or causes any such thing to be set or placed, in any place with the intent that it may kill or inflict grievous bodily harm upon a trespasser or other person coming in contact with it, or sets or places any such thing in any such place and in any such manner that it is likely to cause any such result, is guilty of a misdemeanour, and is liable to imprisonment for 3 years. (2) Any person who knowingly permits any such spring gun, mantrap, or other engine, which has been set or placed by another person in any such place and in any such manner that it is likely to cause any such result, to continue so set or placed in any place which is then in, or afterwards comes into, the person's possession or occupation, is deemed to have set and placed the gun, trap, or engine, with the intent aforesaid. (3) This section does not make it unlawful to set any gin or trap such as is usually set for the purpose of destroying vermin; or to set any spring gun, mantrap, or engine, at night in a dwelling house for the protection of the dwelling house. Explore and discuss (A) the origin and purpose of s 327, (B) the elements (and their application and interpretation) of the offences under s 327; and (C) reflect on the contemporary relevance of s 327 and whether this provision should be retained, reformed, or repealed. Note: each part (A), (B) and (C) is of equal weight in the grading of the assignment. This does not necessarily mean that each part has to be of equal length.
2 Notes This document was used for assessment purposes only. Assignments must be written in full sentences and follow the requirements of the Australian Guide to Legal Citation. 1/3 A A.1 Origin and purpose Origin Spring Gun Act 1827 (UK) first made it illegal to set man-traps, spring-guns, and 'other engines calculated to