UPDATE 84 OCTOBER 2014 SUMMARY OFFENCES LAW AND PRACTICE QUEENSLAND. G Mackenzie. N Tucker. Currently updated by. Highlights

Transcription

1 UPDATE 84 OCTOBER 2014 SUMMARY OFFENCES LAW AND PRACTICE QUEENSLAND G Mackenzie Highlights Currently updated by N Tucker New and updated commentary by Nicholas Tucker has been inserted into the Justices Act 1886, the Penalties and Sentences Act 1992, the Criminal Code Act 1899 and the Mental Health Act 2000 New legislation Justices Regulation 2014 Legislative amendments have been made to the Justices Act 1886, the Summary Offences Act 2005, the Penalties and Sentences Act 1992, the Bail Act 1980, the Criminal Code Act 1899, the Victims of Crime Assistance Act 2009 and the Youth Justice Act 1992 Updated tables Material Code Print Post Approved PP255003/00446

2 NEW AND UPDATED COMMENTARY New and updated commentary by Nicholas Tucker has been inserted into: The Justices Act 1886 at: Further case references at [1.1630] includes a recent case: Thiess Pty Ltd v Industrial Magistrate Elizabeth Hall [2014] QCA 203; Absence of accused at [1.8200] discusses the case of Elliott v Commissioner of Police [2014] QDC 161 where the appellant was unrepresented and did not call or adduce evidence; Costs in committal proceedings at [1.8740] discusses Stampfli v Hance [2014] QDC 176 and the exercise of the magistrate's discretion; Appeals under s 222 at [ ] discusses Stampfli v Hance [2014] QDC 176 and the exercise of the magistrate's discretion and Re Skyring [2014] QSC 166 regarding the proper court in which to begin an action to re-litigate arguments; Appeal after guilty plea: s 222(2)(c) at [ ] discusses TND v Queensland Police Service [2014] QDC 154 and a literal interpretation of s 222(2)(c); By way of rehearing: s 223 at [ ] discusses Johnson v Queensland Police Service [2014] QCA 195 in light of Mbuzi v Torcetti (2008) 50 MVR 451; [2008] QCA 231 and the question of whether the evidence had been the merits of the evidence; and General note: s 225 at [ ] discusses the case of Elliott v Commissioner of Police [2014] QDC 161 where the appellant was unrepresented and did not call or adduce evidence. The Penalties and Sentences Act 1992 at: Notes at [3.2320] discusses R v Levy [2014] QCA 205 and the interaction of Community Service orders with regards to sentencing; and Cumulative sentences and the totality principle at [3.3060] discusses R v Benson [2014] QCA 188 and R v Walsh [2014] QCA 209 and cumulative sentencing. The Criminal Code Act 1899 at: Explanation of s 24 to the jury at [5.880] examines R v Baldwin [2014] QCA 186 regarding the directions to the jury and the sentence in light of s 24(1) of the Criminal Code Act 1899 Driving manner at [5.1740] discusses R v Nikora [2014] QCA 192 regarding the maximum applicable penalty; and Summary Offences QLD 2

3 Scope of offence at [5.2100] discusses R v Pinnuck [2014] QCA 189 and the offence of fraud. The Mental Health Act 2000 at: Monitoring at [ ] discusses Re CMX [2014] QMHC 4 and the justification for a continuation of a monitoring requirement; and Application at [ ] discusses Attorney-General (Qld) v Austin [2014] QCA 97 and the issues surrounding expert evidence. NEW LEGISLATION The Justices Regulation 2014 (SL 191 of 2014), which commenced on 1 September 2014, has been included in the service under Justice. The Justices Regulation 2004 was consequently repealed and has been removed from the service. LEGISLATIVE AMENDMENTS The Justices Act 1886 was amended by the Criminal Law Amendment Act 2014 (Act 39 of 2014), ss 56 63, which commenced on 15 August The purpose of this Act in relation to the Justices Act 1886 is to provide the Attorney-General with standing to appeal sentences imposed for simple offences dealt with summarily, to better facilitate the use of a web-based portal for the Magistrates Courts and to amend the requirements for service and the documenting of service of a notice of intention to allege a prior conviction or a criminal history. Sections 4, 39, 47, 142, 142A, 146A and 222 were amended. Section 281 was inserted. The Summary Offences Act 2005 was amended by the Safe Night Out Legislation Amendment Act 2014 (Act 42 of 2014), ss , which commenced on 5 September The purpose of this Act is to increase penalties and police powers, strengthen liquor licensing compliance measures and create stronger local management of entertainment precincts to reduce alcohol- and drug-related violence in Queensland's nightlife. Sections 6 and 7 were amended. Section 10 was substituted. Summary Offences QLD 3

4 The Penalties and Sentences Act 1992 was amended by the following Acts: Criminal Law Amendment Act 2014 (Act 39 of 2014), ss 65 69, which commenced on 15 August The purpose of this Act in relation to the Penalties and Sentences Act 1992 is to ensure the protection and confidentiality of informants, to widen the scope of the sentencing court's discretion to impose a driver licence disqualification and to include s 229G(2) of the Criminal Code Act 1899 (Procuring engagement in prostitution) as a serious violent offence. Sections 13A, 187 and Sch 1 were amended. Sections 13B and 234 were inserted. Safe Night Out Legislation Amendment Act 2014 (Act 42 of 2014), ss 84, 86 and , which commenced on 5 September 2014 and ss 85, 87 and 88, which commenced on 1 October Sections 9, 43G, 43I, 43J, 43N, 160A, 171 and Sch 2 were amended.sections 236 and 237 were inserted. The Bail Act 1980 was amended by the following Acts: Criminal Law Amendment Act 2014 (Act 39 of 2014), ss 19 23, which commenced on 15 August The purpose of this Act in relation to the Bail Act 1980 is to ensure that defendants who pose a flight risk are not inadvertently released from custody and able to use their passport to abscond from the jurisdiction before their court matter has been dealt with. Sections 7, 11 and 20 were amended. Sections 11AA and 43 were inserted. Safe Night Out Legislation Amendment Act 2014 (Act 42 of 2014), ss 4 and 6, which commenced on 1 October Sections 11 and 34F were amended. The Criminal Code Act 1899 was amended by the following Acts: Criminal Law Amendment Act 2014 (Act 39 of 2014), ss 25 27, 29, 30, 34 and 36, which commenced on 15 August The purpose of this Act in relation to the Criminal Code Act 1899 is to insert a range of new offences to address match-fixing conduct, to increase the maximum penalty for the offence in s 229G(2) (Procuring engagement in prostitution) and to insert a new indictable offence of serious animal cruelty. Summary Offences QLD 4

5 Sections 1, 229G and 398 were amended. Sections 242, 443, 443A 443G, 589A, 733 and 734 were inserted. Safe Night Out Legislation Amendment Act 2014 (Act 42 of 2014), ss 14 and 16(2), which commenced on 5 September Section 340 was amended. Section 314A was inserted. The Victims of Crime Assistance Act 2009 was amended by the Safe Night Out Legislation Amendment Act 2014 (Act 42 of 2014), s 130, which commenced on 5 September Schedule 3 was amended. The Youth Justice Act 1992 was amended by the Criminal Law Amendment Act 2014 (Act 39 of 2014), ss 71 74, which commenced on 15 August The purpose of this Act in relation to the Youth Justice Act 1992 is to enhance the good order and discipline of sentenced youth boot camp centres, to clarify the circumstances in which a court must make a boot camp (vehicle offences) order and to ensure information identifying a child as subject to the Child Protection Act 1999 is able to be used in the preparation and provision of pre-sentence reports. Section 176B was amended. Sections 151A, 153A and 282BA were inserted. UPDATED TABLES The Supplementary Table of Statutes, the Supplementary Table of Cases and the Supplementary Index have been updated and are current to Update 84. Summary Offences QLD 5