Kenny criminal law in Queensland and Western Australia

Full Title
Copyright
Preface
Table of Cases
Table of Statutes
Table of Contents
	Chapter One: Introduction
		Historical background
		Imperial legislation
		Commonwealth legislation
		State legislation
		Codification of the criminal law
		Other statutory criminal law
		Codification of Commonwealth criminal law
		The courts and interpretation of the Codes
		Federal jurisdiction of state courts
		Relevance of Imperial legislation
		Common features of the criminal law
	Chapter Two: The Trial Courts
		Introduction
		The Supreme Court
		The District Court
		Magistrates Courts
		Territorial restrictions on jurisdiction
	Chapter Three: Appeals
		Introduction
		Queensland appellate courts
		Western Australian appellate courts
		Appeals from the Magistrates Court
		Appeal by person ‘aggrieved’
		Appeals from the Supreme Court and the District Court
		Appeals to the High Court
	Chapter Four: Classification of Offences
		Introduction
		Mode of trial
		Time limits for prosecution
		Costs
		Presence of person charged
		Legal aid
	Chapter Five: The Trial Process
		Introduction
		Bringing matters before the Supreme Court or District Court
		Prosecutions in the Magistrates Court
		Hearing a non-indictable offence in the Magistrates Court
		Hearing an indictable offence in the Magistrates Court
		Bail
		Trial in the Supreme Court and District Court
	Chapter Six: The Onus of Proof
		Introduction
		Proof at common law
		Proof under the Codes
		Proof of jurisdiction
		Proof in sentencing
		Presumptions
	Chapter Seven: Special Pleas
		Introduction
		The Codes s 17
		Section 16: prevention of double punishment for same act
		Plea as to jurisdiction
	Chapter Eight: Criminal Responsibility
		Introduction
		Mental element
		Ignorance of the law not a defence — Code (Qld) s 22(1) and (WA) s 22 first para
		Claim of right — Code (Qld) s 22(2) and (WA) s 22 second para
		Acts independent of will and accident — Code (Qld) s 23(1) and (WA) s 23A
		The first limb: act independent of will — Code (Qld) s 23(1)(a) and (WA) s 23A
		The second limb: event that occurs by accident — Code (Qld) s 23(1)(b) and (WA) s 23B
		Mistake of fact — Code (Qld) s 24(1) and (WA) s 24 first para
		Extraordinary emergencies — Code (Qld) and (WA) s 25
		Insanity — Code (Qld) and (WA) ss 26 and 27
		Mental health legislation
		Intoxication — Code (Qld) and (WA) s 28
		Immature age — Code (Qld) and (WA) s 29
		Execution of law, duress and compulsion — Code (Qld) and (WA) s 31
	Chapter Nine: Parties to Offences
		Introduction
		Liability under s 7: accessories, counsellors, aiders and procurers
		Liability under ss 8 and 9
		Differential verdicts
		Withdrawal from common purpose
		Accessory after the fact — s 10
		Compounding
	Chapter Ten: Special Categories of Liability
		Introduction
		Children
		Spousal liability
		Corporations
	Chapter Eleven: Preliminary Offences
		Introduction
		Attempts
		Conspiracy
		Incitement
	Chapter Twelve: Homicide
		Introduction
		Alternative verdicts
		Killing of a person
		Causation
		Unlawfulness
		The substantive offence
		Murder
		Manslaughter
		Provocation
		Diminished responsibility — Code (Qld) s 304A
		Excessive self-defence — Code (WA) s 248(3)
		Unlawful assault causing death — Code (WA) s 281
		Unlawful striking causing death — Code (Qld) s 314A
	Chapter Thirteen: Offences Against the Person
		Introduction
		Assault
		Stalking
		Other offences involving danger to life or health
		Matters of excuse
		Provocation for assault
		Defensive force
		Dangerous operation of a vehicle (Qld) and dangerous driving (WA)
	Chapter Fourteen: Sexual Offences
		Introduction
		Sexual offences of which absence of consent is an element
		Sexual offences of which absence of consent is not an element
		Offences that anticipate breaches of morality
		Bestiality
	Chapter Fifteen: Offences Relating to Property
		Introduction
		Stealing
		Regulatory offences
		Recent possession
		Unlawful use of motor vehicle
		Robbery
		Burglary
		Fraud
		Extortion (blackmail)
		Damage to property
	Chapter Sixteen: Drug Offences
		Introduction
		Trafficking
		Selling and/or supplying
		Manufacturing, producing and cultivating
Index