Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
CRIMINAL CODE
AMENDMENT BILL (No. 2)
1999
Queensland
CRIMINAL CODE AMENDMENT BILL
(No. 2) 1999
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Code amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Replacement of ss 271 and 272 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
271 Self-defence and defence of another . . . . . . . . . . . . . . . . . . . . . . . . . 4
272 Jury directions on self-defence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
4 Repeal of s 273 (Aiding in self-defence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1999
A BILL
FOR
An Act to amend the Criminal Code
s1 4 s3
Criminal Code Amendment (No. 2)
The Parliament of Queensland enacts-- 1
title 2
Short
1. This Act may be cited as the Criminal Code Amendment Act (No. 2) 3
1999. 4
amended 5
Code
2. This Act amends the Criminal Code. 6
of ss 271 and 272 7
Replacement
3. Sections 271 and 272-- 8
omit, insert-- 9
and defence of another 10
`Self-defence
`271.(1) A person (the "defender"), acting in defence of himself or 11
herself or in defence of another, is justified using force that the defender 12
believes, on reasonable grounds, is necessary in the circumstances as 13
perceived by the defender. 14
`(2) In deciding whether the defender believed, on reasonable grounds, 15
that the force he or she used was necessary in the circumstances as 16
perceived by the defender, the following matters are relevant-- 17
(a) the history of any relationship between the defender or the person 18
defended and the person (the "assailant") against whom force is 19
used; 20
(b) the effects of that relationship on the defender or the person 21
defended. 22
23
Examples--
24
1. It is relevant that the defender was responding to a history of personal violence
25
against himself or herself or another person.
26
2. Evidence of a defender's sex, race or culture, as it influences the defender's
27
response to violence, may be relevant in the particular case.
s3 5 s3
Criminal Code Amendment (No. 2)
`(3) For the purpose of giving evidence about matters referred to in 1
subsection (2), the following persons are taken to be appropriately qualified 2
experts-- 3
(a) social workers or domestic violence workers who have 4
appropriate experience working in women's refuges, domestic 5
violence services or counselling services; 6
(b) psychologists and psychiatrists. 7
directions on self-defence 8
`Jury
`272.(1) This section applies if there is evidence of a history of a 9
relationship mentioned in section 271(2) between the defender or the person 10
defended and the assailant. 11
`(2) If relevant to the facts in issue in a proceeding, the judge must, when 12
directing the jury in relation to self-defence, direct the jury that evidence of 13
the matters referred to in section 271(2) may be relevant to questions such 14
as-- 15
(a) why a defender or the person defended who is subjected to 16
prolonged and repeated abuse would remain in the relationship; 17
and 18
(b) the nature and extent of the violence that may exist in the 19
relationship before producing a response; and 20
(c) the defender's ability, or the ability of the person defended, in the 21
relationship to perceive danger from the assailant; and 22
(d) if the defender perceived himself or herself or the person 23
defended to be under threat of death or grievous bodily harm, 24
whether the defender believed on reasonable grounds that there 25
was no way to preserve himself or herself or the person defended 26
from death or grievous bodily harm other than by using the force 27
that the defender used. 28
`(3) A judge must give directions under subsection (2) in a way that 29
helps the jury to understand the directions.'. 30
s4 6 s4
Criminal Code Amendment (No. 2)
of s 273 (Aiding in self-defence) 1
Repeal
4. Section 273-- 2
omit. 3
[Index] [Search] [Download] [Related Items] [Help]