Quick questions on Categories of crime and strict liability offences in Queensland: QCE Legal Studies

1. Offences against the person. Crimes that cause harm or threat to a person. Includes murder (Criminal Code 1899 (Qld) s 302), manslaughter (s 303), assault (s 245), grievous bodily harm (s 320), and rape (s 349). The Criminal Code (Domestic Violence) and Other Legislation Amendment Act 2023 (Qld) inserted a coercive control offence which is scheduled to commence in 2025.

A strict liability offence is one where the prosecution does not need to prove a mental element (mens rea) for the prohibited conduct. Proof of the actus reus is sufficient.

In Queensland, the Criminal Code 1899 (Qld) s 24 provides a defence of honest and reasonable mistake of fact. Importantly, the defence may apply even to some offences that would otherwise be treated as strict liability under the common law: the High Court in CTM v The Queen (2008) 236 CLR 440 held that the s 24 defence applies to a charge of unlawful carnal knowledge unless expressly excluded by the relevant statute.

:::tldr Queensland criminal offences fall into seven main categories: against the person, against property, against the state, drug, traffic, public order, preliminary and regulatory. Most are codified in the Criminal Code Act 1899 (Qld); drug offences are in the Drugs Misuse Act 1986 (Qld). Strict liability is a special category in which the prosecution need only prove the actus reus, justified by public protection and regulatory efficiency. :::

Crimes that cause harm or threat to a person. Includes murder (Criminal Code 1899 (Qld) s 302), manslaughter (s 303), assault (s 245), grievous bodily harm (s 320), and rape (s 349). The Criminal Code (Domestic Violence) and Other Legislation Amendment Act 2023 (Qld) inserted a coercive control offence which is scheduled to commence in 2025.

Crimes that interfere with another's property. Includes stealing (Criminal Code 1899 (Qld) s 391), robbery (s 409), burglary (s 419), and arson (s 461).

Crimes that threaten state authority or integrity. Includes treason (Criminal Code 1899 (Qld) s 37) and offences against the Criminal Code Act 1995 (Cth) Divisions 80-82 (treason, urging violence, advocating terrorism).

Possession, supply, production and trafficking of dangerous drugs. Governed by the Drugs Misuse Act 1986 (Qld). Examples: possession (s 9), supply (s 6), production (s 8), trafficking (s 5).

Driving offences regulated under the Transport Operations (Road Use Management) Act 1995 (Qld). Examples: drink driving (s 79), unlicensed driving, dangerous operation of a vehicle (Criminal Code 1899 (Qld) s 328A).

Conduct that disturbs the peace. Examples: public nuisance (Summary Offences Act 2005 (Qld) s 6), obstructing a police officer (Police Powers and Responsibilities Act 2000 (Qld) s 790), affray (Criminal Code 1899 (Qld) s 72).

Attempt (Criminal Code 1899 (Qld) s 535), conspiracy (s 541), and incitement.

Breaches of regulatory regimes including work health and safety (Work Health and Safety Act 2011 (Qld)), environment (Environmental Protection Act 1994 (Qld)) and consumer protection.