ASSIGNMENT NOTES + REVISION Lecture 12 - Content and Context of Criminal code, put into position to research and analyse the law to find relevant laws and relevant materials, case law, interpretations, articles, policy documents and make a judgement if it is any good as there are deficiencies within the QLD criminal law, and whether it is the fact for section 359e and surrounding sections. Be the judge for what specific offence the assignment sits under out of the 4 categories. General defences apply to all offences. CONTENT OF THE COURSE: SUMMARY General principles 0 jurisdiction Specific offences physical elements 1 2 mental elements Defences general 3 special Introduction to criminal procedure Assignment 2 Background State/Territory or federal law (s51 Constitution) Homicide Non-fatal offences Sexual offences Offences rel. to property (voluntary) conduct, result (causation), circumstance Queensland: if required; common law/fed criminal law: always subj .: intention, knowledge, recklessness; obj .: negligence Self-defence, duress, necessity, insanity, mistake, ... Only available to one offence (also: partial defences) In early 2023, the Queensland Parliament passed the Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Act 2023 (No 1 of 2023) amending, inter alia, the provisions relating to unlawful stalking under Chapter 33A of the Criminal Code (Qld). In essence, these amendments broaden the scope of the stalking offence to capture various forms of online and technology-enabled stalking and change some of the terminology. Stalking which has been rebranded and changed a little bit, also about domestic and family violence, however, don't be misled the focus is on chapter 33A which deals with stalking. Note criminal code has not been updated, hence need to find the change work it out for yourself.
Assignment 2 Instructions Outline and analyse (I.) the evolution of the offence of stalking in Queensland including the context of the 2023 amendment, (II.) the elements (and their interpretation) of the offence under s 359E of the Criminal Code (Qld), including relevant aggravations and defences (part II should also include the 2023 amendments), and (III.) critically reflect on the scope, application, and impact of Queensland's stalking offence. I.) Including what's happened earlier this year, background of the offence what was before and then what happened in queenlesand II.) Include amendments III.) Straightforward 25% 50% 25% APPROX split for the given parts Questions Scope of part 2 amending act changes multiple pieces of legislation but assignment only asks to look at s359E, also section 359E only seems to set out penalties. - scope of 2023 amendments is much wider than the topic of this assignment, stick to assignment question and instructions - Assignment asks to look at the offence under section 359E but the section has friends and allies not a lonesome provision, no need to look at 359F Part 3 asks to critically reflect does this only cover the 2023 amendments. - read instructions critically reflect on Queensland's stalking offence - separation between scope, scope application and impact is a little arbitrary, where you discuss certain things depends