Criminal Law – Week 1 Lecture

Instructor Introduction & Acknowledgements

• Lecturer: Dr James Duffy – Associate Professor, nearly 20 years at QUT.
• Roles this semester
  • Unit Coordinator for Criminal Law (Sem 2) and Sentencing Law (Sem 1).
  • Delivers majority of lectures (Wednesday $8\text{ AM}$) and 3 tutorials weekly.
  • Emphasises being hands-on across all teaching modes to monitor student experience.
• Acknowledgement of Country: Tarabul & Jagera peoples, their elders, laws, customs, creation spirits, and ongoing contribution to QUT.
• Additional acknowledgements
  • Early lecture time; students free to choose live, livestream, or recording—no loss of content.
  • Sensitive nature of criminal-law topics (non-fatal offences, murder, drugs, sexual offences) at early hour.

Unit Structure (Weeks $1\text{–}13$)

• Lectures
  • In-person Weeks $1$–$5$ & $7$–$12$, live-streamed and recorded (Echo360).
  • Week $6$ & $13$: pre-recorded only (content better suited to asynchronous delivery).
• Tutorials
  • Start Week $2$, choice of on-campus or live-Zoom group selected on enrolment.
  • Staggered model: e.g.
  • Lecture Week $1$ → Tutorial Week $2$, etc.
  • Preparation essential: pre-readings + attempt weekly question set (Canvas ► Modules ► Tutorial Link).
• Canvas Modules Layout (per week)
  • Overview → Prescribed Reading → Lecture Slides → Activities → Tutorial Questions.
• Weekly Workload Expectation
  • QUT guideline: $150$ hours per $12$-credit unit ≈ $8$ hrs/week (inc. class, prep, assessment).
  • Some weeks < $8$ hrs; heavy reading weeks may exceed.

‘Gold-Star’ Weekly Study Sequence

1. Prescribed readings (textbook chapters + cases).
2. Watch/listen to lecture.
3. Attempt tutorial questions.
4. Attend tutorial, discuss, compare, consolidate.

Case Classification System (in Module reading lists)

• Category 1 – Read entire judgment; know facts + legal principle.
• Category 2 – Know facts + principle (may rely on summary).
• Category 3 – Know principle only; facts unnecessary.
• Purpose: triage reading time & build research skills (locate via Lexis+ CaseBase or Westlaw AU).

Reading Materials & Resources

• Prescribed Text: Schloenhardt, Criminal Law in Queensland (2nd ed $2023$).
  • Must be 2nd edition; 1st now outdated.
• Annotated Code: Carter’s Criminal Law of Queensland
  • Hard-copy expensive; free via Lexis+ (Library ► Law ► Lexis+ ► Publications ► Carters… ► Criminal Code ► Table of Provisions).
  • Gives section text, elements, and case annotations.
• Recommended Texts / Study Aids
  • Kelly Burton et al., Clickbook Criminal Law (LexisNexis).
  • Duffy et al., Questions & Answers: Criminal Law.
  • Colvin, McKechnie & Green, Criminal Law of QLD & WA (broader but clear explanations).

Assessment Overview

1. Oral Advocacy Video (Week $5$)
   • Pre-recorded submission on non-fatal offences (Week $3$ lecture content).
2. Appellate Brief (Week $9$)
   • Written problem advice—focus on homicide (Weeks $4$–$5$ content).
3. Final Invigilated Exam (Exam Period)
   • $3$ hrs $10$ min, in-person, covers Weeks $7$–$13$.
   • Required by Legal Practitioners Admission Board for Priestley 11 subjects.

• Sexual Offences (Week 6)
  • Content taught but not assessed (sensitivity + assessment difficulty).

Generative-AI Policy

• Priestley (core) units currently prohibit use of generative AI (e.g.
  ChatGPT) in assessment drafts—external accreditation constraint.
• Policy may evolve; compliance essential this semester.

Part II — Foundations of Criminal Law

What Is Criminal Law?

• Definition 1: Body governing offences under Commonwealth, State, Territory laws.
• Definition 2 (preferred): Determines whether & how a person can be held responsible & punished by the State for certain behaviour.
  • “Whether” → Substantive law (elements); “How” → Procedural law (process).
• Criminal actions = State (Crown) against individual; reflects societal interest, not private dispute.

Purposes / Social Functions

• Tool of social engineering (operant conditioning): deterrence via punishment/fines/imprisonment.
• Protection of individuals & community; denunciation; discouraging vigilante justice.
• Expresses community disapproval (signalling/shaming function).

Morality vs Criminalisation

• Law often tracks morality but cannot capture everyone’s divergent values.
• Examples where tension arises: voluntary assisted dying, cannabis use, sex work, abortion, adultery, breaking promises.
• Key takeaway: Illegality is determined by statute, not intuition.

How to Tell if Conduct is Criminal in QLD

• Ask: Is there a Queensland law that expressly prohibits the act “with penal consequences”? (per Wheat v Eddison $(1926)$).
• Statutory language signals classification: “crime”, “misdemeanour”, or generic “offence”.

Sources of QLD Criminal Law

• Primary: Criminal Code Act 1899 (Schedule 1 = The Criminal Code).
• Other statutes: Drugs Misuse Act, TRAFFIC (TORUM), Summary Offences Act, Regulatory Offences Act, etc.
• Case law: does not create new offences; interprets wording of Code & statutes.

Codification & History

• Drafted by Sir Samuel Griffith; intended consolidated statement of common-law + statutory principles.
• S 5 Code: No person triable/punishable for indictable offence except under the Code or other QLD statute.
• Not a “complete” code—many offences exist outside it.

Part III — Classification of Offences

Statutory Scheme (Criminal Code s 3)

• Offence (umbrella) →
  • Criminal Offences
  • Crimes
  • Misdemeanours
  • Simple Offences (default label when neither “crime” nor “misdemeanour” used).
  • Regulatory Offences (Regulatory Offences Act $1985$—e.g.
    dine-and-dash).
• Indictable Offences = Crimes + Misdemeanours.
  • Tried “on indictment” (District or Supreme Ct), jury present unless statutes allow summary disposition.
• Summary Jurisdiction
  • Simple & Regulatory Offences heard by Magistrate alone (no jury).
  • Some indictables triable summarily (s 552A-BA)—if so, conviction counts as simple offence only.

Section Labelling Examples

• s 349 Rape → “guilty of a crime”.
• s 323 Wounding → “commits a misdemeanour”.
• s 207 Disturb religious worship → “guilty of an offence” → therefore simple offence.

Court Hierarchy & Jurisdiction

• Magistrates Court
  • Hears $\approx95\%$ of all criminal matters (simple/regulatory + summary-eligible indictables).
  • Also conducts committal hearings for other indictables.
  • Governing Act: Justices Act 1886.
• District Court
  • Indictables ≤ $20$ yrs max penalty (plus additional list in s 61(2) District Court Act).
  • Judge + jury for trials.
• Supreme Court (Trial Division)
  • All offences, practically those > $20$ yrs (murder, manslaughter, major drug trafficking).
  • Judge + jury.

Committal Procedure (Mag Ct → Higher Ct)

• Purpose: ensure sufficient admissible evidence that a jury, properly instructed, could convict.
• Types
  • Registry Committal – paperwork only; accused determined plea in advance.
  • Paper Committal – written witness statements, no cross-examination.
  • Oral Committal – live evidence & x-examination before Magistrate.
• Possible outcomes
  • Discharge (insufficient evidence).
  • Committed for trial (plea NG) or sentence (plea G).
• Ex officio indictment: DPP can bypass committal in rare cases.

Criminal Procedure Essentials

1. Initiating Processes
   • Arrest (loss of liberty).
   • Notice to Appear (PPRA s 382)—least intrusive.
   • Complaint & Summons (Justices Act).
2. Magistrates Court
   • Document commencing proceeding = Complaint.
   • Summary hearing or committal.
3. Indictment (s 1, 560 Code)
   • Written charge for District/Supreme court.
   • Read at start of trial; accused arraigned (enter plea).
4. Trial Flow
   • Jury empanelment & challenges.
   • Arraignment → Crown opening → evidence → addresses → summing-up → verdict.
5. Sentencing
   • Conviction vs recording a conviction (judicial discretion; affects future disclosure).
   • Penalties: imprisonment, fine, etc.

Practical Tips for Students

• Use Canvas discussion board for content queries (≈ $1000$ enrolments).
• Personal matters → email; Academic consults Tues $13$:$00\text{–}15$:$00$ (Rm C7-8 or Zoom link).
• Visit courts (QEII Complex, George St) to observe real trials—follow courtroom etiquette (dress, bow on entry, silence phones).
• Emotional toll: criminal cases involve real victims & trauma—maintain professional distance yet empathy.

Ethical & Emotional Considerations

• Criminal law stories are compelling but often tragic; always remember human impact.
• Approach sensitive content (sexual offences, child harm) with respect; reach out for support if distressed.