Category: Queensland

  • Aiding Death: Criminal Responsibility, Causation, and Consent

    In Carter v Attorney-General (No 2) [2014] 1 Qd R 111, the appellant, a heroin user, aided the deaths of two persons who expressed a wish to die. The Court of Appeal considered whether s 311 (aiding suicide) was a complete code, and whether killing someone with intention to kill even though that person expressed…

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  • Mobile Phone: Misuse of a Restricted Computer

    In Cobb v Queensland Police Service (2023) 3 QDCR 123, the Court held that a mobile phone constitutes a “computer” for the purposes of s 408E of the Criminal Code Act 1899 (Qld) — unauthorised access to a password-protected mobile phone amounted to misuse of a “restricted computer”.

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  • Lawyer Admission: Academic Misconduct and Plagiarism

    In the matter of Re: AJG [2004] QCA 88, the applicant sought admission as a solicitor, despite having engaged in substantial academic misconduct (plagiarism), during Practical Legal Training (PLT).

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  • Sentencing Unlawful Stalking: Leaving Defamatory Notices

    In R v Morris [2010] QCA 315, the Court of Appeal considered whether the applicant’s sentence for unlawful stalking for posting defamatory notices—implicating the complainant as a murderer, was excessive.

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  • Unlawfully Transmitting a Serious Disease (HIV): Intent

    In R v Reid [2007] 1 Qd R 64, the appellant appealed their conviction of unlawfully transmitting a serious disease (HIV) with intent to do so, contrary to s 317(b) of the Criminal Code (Qld). The appeal focused on the meaning of intent.

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  • Unlawful Killing: Intent to Murder

    In R v Willmot (No 2) [1985] 2 Qd R 41, the Queensland Court of Criminal Appeal considered whether the jury were misdirected on the element of intent in a murder conviction under s 302(1) of the Criminal Code Act 1899 (Qld).

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  • Vicarious Liability: Employee Tortious Conduct

    In CCIG Investments Pty Ltd v Schokman [2023] HCA 21, the High Court unanimously held that the employer was not vicariously liable for its employee’s drunken behaviour as it was not within the “course or scope of employment”.

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