Laws and Criminal Offences in Australia

This assignment delves into the legal framework surrounding criminal offenses in Australia. It analyzes various laws enacted to punish individuals found guilty of crimes. The document discusses legal provisions, procedures, and societal implications related to criminal justice.

Statutory Interpretation
Exercise

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
PART A...........................................................................................................................................1
PART B............................................................................................................................................2
PART C ...........................................................................................................................................3
(1) Identification and selection of sources..................................................................................3
(2) Reason for selection of each source......................................................................................3
(3) Summary and analysis of arguments being presented by the two articles............................4
CONCLUSION................................................................................................................................5
REFERENCES ...............................................................................................................................6

INTRODUCTION
Strangulation is regarded as the condition wherein circulation of the blood to a part of
body is being cut off by constriction. In the present investigation, the legislative provisions have
been located (Stephen, 2014). Further, it involves the interpretation of the provisions. The study
involves selection of the two criminal offences related with NSW and Queensland. Along with
this, it involves the associated provisions attached with both the provisions.
PART A
The two criminal offences of strangulation that have been taken into account in case of
NSW as well as Queensland includes non-fatal as well as wounding or grievous bodily harm
with intent.
1)
The relevant provision associated with non-fatal is criminal justice act 1988. Under this
the section which is applied is 315 of the criminal code. Such is under Queensland wherein a
person commits a crime that includes choking, suffocation or strangulation within domestic
setting.
The crimes act 1900 is the provision for wounding or grievous bodily harm with intent.
Under this the section which is applied is 33 of the criminal code
2)
The amendment were last being made in the year 2016 in case of non-fatal strangulation.
3)
The provision related with non-fatal has been last amended in 2016. Earlier it was being
regulated under section 315, later amendment has been made it was 315A. The criminal
amendment act 2016 has been devised (Hooper, Martini and Choo, 2013).
The wounding or grievous bodily harm with intent act were last amended in the year
2002.
4)
Research strategy has been followed when making determination of the answers to the
respective questions. At initial level the offences that can be chosen are selected and searched
upon. At the later stage provision among with the amendments made to them has been
researched upon so that clear idea can be developed in relation with such. The acts that regulates
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the particular assault is determined so that related acts are also examined. With this the research
can be done in an effective manner. Along with this there is effectiveness in attainment of the
information as well.
PART B
1)
Case 1: It is the case of Munn v The Queen. Munn possess the association with the victim
for certain period of time. The victim has made an attempt to leave the relationship but was being
persuaded to return (Strangulation, Domestic Violence and the Legal Response, 2017). One the
night before the offence took place the couple made an argument and the victim stated Munn that
she does not wants to be in relationship with him. Munn went to home of victim and assaulted
her in the car. It was being determined by the judge that victim's injuries are consistent with
choking. Munn was being found guilty towards attempting strangle with an attempt to create an
indictable offense: maliciously inflict grievous bodily harm as well as assault occasioning actual
bodily harm.
Case 2: In the case of Dipak the Gosford Local Court has announced the jail of two years.
It is being considered as a maximum penalty aspect for single offense in the jurisdiction. In
present case the argument about Pizza Shop has taken into account between husband and wife,
due to which the crash has employed (Man who choked his wife after crash gets two years jail,
2017). However, the truck driver has witnessed the Adhikari while choking the throat of his wife.
However, it has been proved in the court that the Adhikari has attempted the act with a specific
intension and at the end his wife lips were turned blue.
2)
Case 1: The particular has taken place in Queensland where 21 year Brassall man
accused of strangulation within the domestic relationship which followed a violent disturbance at
Redbank plains. The man who experienced Ipswich Magistrates has been charged with 11
offences (Accused in strangulation case denied bail, 2016). That involves two counts of assault
occasioning bodily harm. The main was being charged with three counts relating with
strangulation within domestic relationship, two counts of assault occasioning bodily harm, one
count of each dangerous driving and unlawful usage of the motor vehicle.
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Case 2: In this case of Queensland a son of wife killer jailed for choking partner. When
his mother was gunned down by father Lock possess the chance towards breaking the cycle of
domestic violence in his family (FAMILY CURSE: Son of wife killer jailed for choking partner,
2017). The Lock of being pleaded guilty for choking within the domestic setting, common
assault, unlawful possession of weapon and production of dangerous drugs.
PART C
(1) Identification and selection of sources
The two scholarly articles selected named:
 Strangulation, domestic violence and the legal response
 Legal processes and gendered violence: cross-applications for domestic violence
protection orders
The two articles are being selected from Google scholar. The article “Strangulation,
domestic violence and the legal response” is a research paper prepared by the two scholars
Heather Douglas and Robin Fitzgerald which talks about strangulation and domestic violence
and provisions related to it. Various arguments are presented by the scholars in favour of
provision that is required to be made on non-fatal strangulation. The other article Legal
processes and gendered violence: cross-applications for domestic violence protection orders from
the same authors talks about the laws which are already been implemented on the country
regarding strangulation.
(2) Reason for selection of each source
The two articles “Strangulation, domestic violence and the legal response” and “Legal
processes and gendered violence: cross-applications for domestic violence protection orders”
have been selected as the articles talks about the laws of strangulation in domestic violence. The
articles also argues about the arising needs of a provision regarding non-fatal strangulation as
well. Various arguments have been presented by the authors describing the need of required law
regarding non-fatal strangulation as well. The rising data of women facing non-fatal
strangulation have been assessed and high risk health factors attached to it are also been
discussed in the article. The articles are well quoted with necessary facts and figures make it a
must read articles on strangulation. The seriousness of the issue have been well argued in the
articles. The authors have specifically considered the rising cases of non-fatal strangulation in
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NSW which makes it useful for the assignment. The author argues on need for a special
provision on non-fatal strangulation due to rising health issues, miscarriages, mental illness and
heart strokes due to choking. Special security has been asked for these women as well, as that of
been laid for the fatal strangulations. The seriousness of the issue have been well quoted with
important facts attaching in an argument form by the authors. The above stated reasons make the
articles important to be studied for the assignment purpose.
(3) Summary and analysis of arguments being presented by the two articles
The article 'Legal processes and gendered violence: cross-applications for domestic
violence protection orders' talk about domestic violence and non-fatal strangulation attack on
spouse in the country Australia. There are remedies provided by the Australian government for
strangulation and domestic violence (Legal processes and gendered violence: cross- applications
for domestic violence protection orders. 2013). According to the jurisdiction of Australia, A civil
Domestic Violence protection orders can be made by the lower courts to restrict and prohibit
domestic violence. A provision of Queensland says that the person is not allowed to make
contact or enter into the specified premises if that person has attempted strangulation on the
other. However, there are various laws that have been laid down by the Australian government
on strangulation and domestic violence, but non- fatal strangulation have not been considered in
the law much. The other article 'Strangulation, domestic violence and the legal response', argues
that various laws have been implemented in case of serious abuse and fatality. Serious choking is
not uncommon in the country and these complains are commonly made by women. The article
discusses about the risk associated with the non-fatal strangulation where no significant
provision has been made by the government of various countries. It affects the long term health
of the person on which non-fatal strangulation has been attempted. It can result in neurological
and psychiatric symptoms such as loss of consciousness, paralysis, loss of sensation, vision
changes, loss of memory and post-traumatic stress disorders (Strangulation, Domestic violence
and legal response. 2014). The author argues that women have also experienced pregnancy
miscarriages after strangulation attempt. There can be long term impact of these attempts as the
injury can be diagnosed after a certain period. Despite of having serious harms to the women
associated with strangulation, there is no special provision made by the government to address
these cases and provide safety to the women on whom non-fatal strangulation was attempted.
Victim describes strangulation as grabbing of throat or choking, the seriousness ids minimised
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and no actions are taken by the police or the authorities as there is no visible sign of it because it
is non-fatal. The country requires stringent law on non-fatal strangulation in domestic violence
and it is required to have a special team to take required actions against the person.
CONCLUSION
It can be concluded from the study that various laws have been developed with respect to
criminal offences. It has inferred that several provision are developed in this regard so that one
who are guilty can be punished.
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REFERENCES
Journals and Books
Hooper, C., Martini, B. and Choo, K. K. R., 2013. Cloud computing and its implications for
cybercrime investigations in Australia. Computer Law & Security Review. 29(2). pp.152-
163.
Stephen, J. F., 2014. A history of the criminal law of England (Vol. 2). Cambridge University
Press.
Online
Accused in strangulation case denied bail, 2016. [Online]. Available through:
<https://www.qt.com.au/news/brassall-man-charged-strangulation/3095321/>. [Accessed
on 16th June2017].
FAMILY CURSE: Son of wife killer jailed for choking partner, 2017. [Online]. Available
through: <https://www.qt.com.au/news/family-curse-son-wife-killer-jailed-choking-
partne/3189692/>. [Accessed on 16th June2017].
Legal processes and gendered violence: cross- applications for domestic violence protection
orders, 2013. [Online]. Available through:
<http://www.unswlawjournal.unsw.edu.au/sites/default/files/3_douglas_and_fitzgerald_36
1.pdf>. [Accessed on 16th June2017].
Man who choked his wife after crash gets two years jail, 2017. [Online]. Available through:
<http://www.dailytelegraph.com.au/newslocal/central-coast/man-who-choked-his-wife-
after-crash-gets-two-years-jail/news-story/db6addaedf703d9bdcc71bf542eaff60>.
[Accessed on 16th June2017].
Strangulation, Domestic violence and legal response, 2014. [Online]. Available through:
<https://sydney.edu.au/law/slr/slr_36/slr36_2/SLRv36n2DouglasFitzgerald.pdf>.
[Accessed on 16th June2017].
Strangulation, Domestic Violence and the Legal Response, 2017. [Online]. Available through:
<https://sydney.edu.au/law/slr/slr_36/slr36_2/SLRv36n2DouglasFitzgerald.pdf>.
[Accessed on 16th June2017].
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