Published Sunday, 20 May, 2007 at 09:17 AM
Attorney-General and Minister for Justice and Minister Assisting the Premier in Western Queensland
The Honourable Kerry Shine
Audit of "accident" defence cases in Queensland
Queensland Attorney-General Kerry Shine has commissioned an audit of cases over the last 15 years where an "accident" defence in the State's criminal law was used.
Mr Shine said Section 23 of the Criminal Code 1899 provides that a person is not criminally responsible for an event if it occurs by accident.
In recent months, two men have been acquitted by Supreme Court juries on charges relating to the deaths of David Stevens and Nigel Lee.
David Stevens and Nigel Lee died in separate incidents involving altercations in inner city Brisbane in 2005.
Jonathon Little was acquitted of the murder and manslaughter of David Stevens. Ryan Moody was acquitted of the manslaughter of Nigel Lee.
"These deaths were tragedies for the victims' families, friends and the wider community. The distress caused by these tragedies has been prolonged by the recent trials and verdicts of the people charged as a result of these deaths," Mr Shine said.
"While there were different circumstances in each case, they both demonstrate the tragic reality is that a single punch can kill."
"As Attorney-General, I cannot appeal a jury acquittal."
Mr Shine said at this stage, he had no plan to amend Section 23 as it currently operated.
"However, I believe the operation of this Section and the frequency of its use warrants closer examination," Mr Shine said.
"I will consider the findings of the audit of cases since 1992 and I will consult stakeholders on the operation of the Section."
Chief Justice of Queensland, The Honourable Paul de Jersey recently stated:
"The defence of accident has always been part of our Criminal Code, which dates from 1899 and was the work of the much-respected Sir Samuel Griffith. The Code says simply that a person is not criminally responsible for an event that occurs by accident".
The law has been upheld by the High Court of Australia.
20 May 2007
Media contact: Kirby Anderson 0418 197 350
kirby.anderson@ministerial.qld.gov.au
Mr Shine said Section 23 of the Criminal Code 1899 provides that a person is not criminally responsible for an event if it occurs by accident.
In recent months, two men have been acquitted by Supreme Court juries on charges relating to the deaths of David Stevens and Nigel Lee.
David Stevens and Nigel Lee died in separate incidents involving altercations in inner city Brisbane in 2005.
Jonathon Little was acquitted of the murder and manslaughter of David Stevens. Ryan Moody was acquitted of the manslaughter of Nigel Lee.
"These deaths were tragedies for the victims' families, friends and the wider community. The distress caused by these tragedies has been prolonged by the recent trials and verdicts of the people charged as a result of these deaths," Mr Shine said.
"While there were different circumstances in each case, they both demonstrate the tragic reality is that a single punch can kill."
"As Attorney-General, I cannot appeal a jury acquittal."
Mr Shine said at this stage, he had no plan to amend Section 23 as it currently operated.
"However, I believe the operation of this Section and the frequency of its use warrants closer examination," Mr Shine said.
"I will consider the findings of the audit of cases since 1992 and I will consult stakeholders on the operation of the Section."
Chief Justice of Queensland, The Honourable Paul de Jersey recently stated:
"The defence of accident has always been part of our Criminal Code, which dates from 1899 and was the work of the much-respected Sir Samuel Griffith. The Code says simply that a person is not criminally responsible for an event that occurs by accident".
The law has been upheld by the High Court of Australia.
20 May 2007
Media contact: Kirby Anderson 0418 197 350
kirby.anderson@ministerial.qld.gov.au