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Principles of Criminal Law in Queensland and Western Australia

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Principles of Criminal Law in Queensland and Western Australia

Kelley Burton

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Principles of Criminal Law in Queensland and Western Australia, 2nd Edition is a student-focused, approachable textbook designed as a complete course companion for all stages and levels of study. The inclusion of summaries, revision questions and problem questions make it highly useful for students approaching the subject for the first time, or for more advanced students preparing for exams. Updates and developments in the new edition include the following: discussion of a new offence in Queensland, unlawful striking causing death (s 314A, Criminal Code (Qld)); development of the provocation defence for murder as a defence pursuant to s 304(7) (Criminal Code (Qld)). An accused person must prove provocation for murder on the balance of probabilities and the prosecution must negative it beyond reasonable doubt: Strong v Woolworths Ltd; new commentary on “Anti-bikie” legislation in Queensland (Vicious Lawless Association Disestablishment Act 2013 (Qld)), which came into effect in 2013. The Act provides mandatory sentences for people who commit serious offences as part of their participation in a gang; new case law which holds that it is the role of the judge and not the prosecutor to determine the appropriate sentence and range of sentences: Barbaro v The Queen; Zi-rilli v The Queen; discussion of major developments in the offence of fraud in Queensland: R v Dillon; Ex parte Attorney-General (Qld); and new commentary on attempt liability in Western Australia: Weggers v WA. Until 2014 the Western Australian Court of Appeal had almost settled on a test for determining when conduct was an attempt to commit an offence and not “merely preparatory”. After Weggers, the Court of Appeal abandoned the quest for a general test in this complex area and reverted to a ‘case by case’ approach – requiring even closer scrutiny of the facts and circumstances of each case. Principles of Criminal Law in Queensland and Western Australia, 2nd Edition is an essential tool for those wishing to learn the principles of criminal law in the Code States of Queensland and Western Australia.

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