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The definition and significance of 'intoxication' in Australian criminal law: a casestudy of Queensland's 'safe night out' legislation

Journal Article


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Abstract


  • Australian criminal law is being actively reconfigured in an effort to produce a more effective

    response to the problem of alcohol-related violence. This article uses the Safe Night Out

    Legislation Amendment Act 2014 (Qld) as a case study for two purposes: i) to introduce a set

    of conceptual tools and typologies that can be used to investigate the relationship between

    ‘intoxication’ and criminal law; and ii) to raise a number of concerns about how the effects of

    alcohol and other drugs are implicated in laws governing police powers, criminal

    responsibility and punishment. We draw attention to the different and sometimes inconsistent

    ways in which significance is attached to evidence of the consumption of alcohol and other

    drugs, as well as to variations and ambiguities in how legislation attempts to capture the

    degree of impairment or effects that are regarded as warranting the attachment of criminal

    law significance.

Authors


  •   Quilter, Julia A.
  •   McNamara, Luke J. (external author)
  •   Seear, Kate (external author)
  •   Room, Robin (external author)

Publication Date


  • 2016

Citation


  • J. Quilter, L. J. McNamara, K. Seear & R. Room, 'The definition and significance of 'intoxication' in Australian criminal law: a casestudy of Queensland's 'safe night out' legislation' (2016) 16 (2) QUT Law Review 42-58.

Ro Full-text Url


  • http://ro.uow.edu.au/cgi/viewcontent.cgi?article=4021&context=lhapapers

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/3010

Number Of Pages


  • 16

Start Page


  • 42

End Page


  • 58

Volume


  • 16

Issue


  • 2

Place Of Publication


  • Australia

Abstract


  • Australian criminal law is being actively reconfigured in an effort to produce a more effective

    response to the problem of alcohol-related violence. This article uses the Safe Night Out

    Legislation Amendment Act 2014 (Qld) as a case study for two purposes: i) to introduce a set

    of conceptual tools and typologies that can be used to investigate the relationship between

    ‘intoxication’ and criminal law; and ii) to raise a number of concerns about how the effects of

    alcohol and other drugs are implicated in laws governing police powers, criminal

    responsibility and punishment. We draw attention to the different and sometimes inconsistent

    ways in which significance is attached to evidence of the consumption of alcohol and other

    drugs, as well as to variations and ambiguities in how legislation attempts to capture the

    degree of impairment or effects that are regarded as warranting the attachment of criminal

    law significance.

Authors


  •   Quilter, Julia A.
  •   McNamara, Luke J. (external author)
  •   Seear, Kate (external author)
  •   Room, Robin (external author)

Publication Date


  • 2016

Citation


  • J. Quilter, L. J. McNamara, K. Seear & R. Room, 'The definition and significance of 'intoxication' in Australian criminal law: a casestudy of Queensland's 'safe night out' legislation' (2016) 16 (2) QUT Law Review 42-58.

Ro Full-text Url


  • http://ro.uow.edu.au/cgi/viewcontent.cgi?article=4021&context=lhapapers

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/3010

Number Of Pages


  • 16

Start Page


  • 42

End Page


  • 58

Volume


  • 16

Issue


  • 2

Place Of Publication


  • Australia