Australian Criminal Law for Illegal Drug in Australia

 Australian Criminal Law for Illegal Drug in Australia

1: As stated in the situation, Vincent (Dane’s Friend) was high on GHB which was a dangerous and also an illegal drug in Australia. He started dancing with Veronique (Dane’s Girlfriend) and begins to kiss her. Veronique was also in the same state as she also had that same drug which Dane only asked her to take saying that it is a party drug. Dane saw that and began to threaten Vincent with a beer bottle saying that he will crack his head if he will touch his girlfriend. But the act of Vincent was unknowingly done as he took the drug which Veronique also took as a result of which she lost her control over her senses and was not knowing what she was doing. It was Dane who was responsible for all this as she was not ready to consume that drug but he forced and she had it by saying yes. Therefore Dane was correctly charged by police for the offence of assault.

As per the Criminal Code 1899, Section 245 of Queensland, there are three different ways which defines assault; (1) when force is applied-This point will not be included in the present case as no force is applied on Vincent by Dane.

(2) The effort or threat  to apply power with a genuine present capacity to do so-This point is clearly related to the present case as Dane threatens Vincent that he will crack his head if he touched Dane’s girlfriend.

(3) The endeavor or risk to apply power with a clear present capacity to do as such- This point is clearly related to the present case as Dane threatens Vincent that he will crack his head if he touched Dane’s girlfriend (AUSTLII, n.d.)

As per Section 246, Assault is said to be unlawful when:

(1) it is not legally Pardoned or approved- In the present case as it is clearly written that no approval of any kind is given under any law so it will be considered unlawful.

(2) The utilization of power by one individual to the individual of another might be unlawful, in spite of the fact that it is finished with the assent of that other individual- In this case no force is used but there was no consent given from Vincent to Dane to act in the way he acted so the said force will said to be against law (AUSTLII, n.d.).

Also as per Section 61 of Crimes Act 1900 of New South Wales, Whosoever threatens any individual, despite the fact that not causing any harm to the body shall be imprisoned for two years and will be prosecuted for assault by way of indictment. Similarly in this case as Dane threatens Vincent so he will be equally liable for assault (AUSTLII, n.d.).

In  Barton’s case it was held that if the fear delivers a prompt threat or understanding of bodily or physical harm, there might be a Assault. As stated in this case that mere promptness of threat or fear to cause a harm is assault therefore it is clear that Dane assaulted Vincent in the party when he kissed Dane’s Girlfriend who was dancing with her unknowingly as they both were high on GHB drug which they took after or with consumption of alcohol .It was considered and recognized in the case of Knight (Barton v. Armstrong,1969).

When only words are spoken in some situation, then also it amounts to assault. (R v Tout, 1987).

Similarly in the current situation as Dane threatens Vincent by his words only keeping a beer bottle in hand it is assault according to both the criminal laws as prevailing in Queensland and New South Wales

For this situation judges portrayed a strike in the exceptionally based law sentiment the word as takes after: "Such an ambush on a very basic level incorporates the danger of harm or the instillation of fear or caution. It doesn't as a make a difference obviously incorporate physical contact with the individual assaulted: or is such physical contact, if it happens, a part of the strike (The Queen v Phillips, 1971).

2: In the current case Dane was also charged for Murder or Manslaughter of Veronique i.e. Dane’s girlfriend as the cause of death was found to be a combination of GHB and alcohol in her blood. However, the evidence indicates that she may have lived had it not been for delays in her obtaining appropriate medical treatment. Dane was the ultimate reason as a result of which she had delay in her reaching hospital because he left her in a dark room at 1:30 am and again went to attend the party. He came back to see her at 3:30 am when he found that her breath was irregular. If he would have been so careless and also would have taken extreme care of her she would have lived. Consumption of GHB and alcohol was a secondary option as if it would have been the primary issue then Vincent would also have died the same way as she did.

As per Section 302 of the Criminal Code 1899 of Queensland Murder can be defined as, (1) Except as hereinafter put forward, a man who unlawfully murders another under any of the accompanying circumstances, that is to say—

(a) If the wrongdoer have an intention to cause death of a person so killed or any other person or had an intention to cause grievious bodily harm.

(b) if a person is killed by performing an act which causes  danger  to life.

(c) If the wrongdoer causes grievious bodily harm which facilitates the act in such a manner that wrongdoer will be arrested without warrant or who attempts to perform such a act.  

(d) If death is caused by regulating a stunning or overwhelming act for both the reasons specified in passage;

(e) If death is brought on by willfully stopping the breath of any individual for both of such aim  is liable of homicide.

But as Dane acted carelessly by leaving his girlfriend in a room for 2 hrs, did not have a look over her whether she was alright or not and also asked her to consume such a dangerous drug which was harmful and he himself did not consumed the same. So he will be indirectly liable for murder of his girlfriend (AUSTLII, n.d.).

And Section 303 defined Assaulter as, a man who unlawfully executes another under such circumstances as not to constitute homicide is blameworthy of murder.

According to section 306 any individual who—

(a) Endeavors unlawfully to murder another; or

(b) with expectation unlawfully to execute another does any demonstration, or excludes to do any demonstration which it is the individual's obligation to do, such act or exclusion being of sucha a kind which causes harm to human life; is liable of a wrongdoing, and is obligated to detainment forever.

He will also be to some extent be liable for manslaughter as he unknowingly but did not took reasonable care of his girlfriend which he should have knowing that she consumed the drug which he only asked her to consume (AUSTLII, n.d.).

As per Section 18 of Crimes Act 1900 of New South Wales Murder and Manslaughter is defined as, (1)

(a) Murder is  committed where the accused, or thing done  by him or her discarded to be done, bringing on the death charged, was done or overlooked with great danger  to human life, or with purpose to kill or cause mischief upon some individual, or instantly after the commission, by the accused, or some assistant with him or her, of a wrongdoing deserving of detainment forever or for a long time.

(b) Every other culpable murder should be considered as homicide.

(2) (A) No demonstration or oversight which was not noxious, or for which the denounced had legitimate cause or reason, might be inside this segment.

(b) No discipline or relinquishment should be acquired by any individual who slaughters another by mishap as it was (AUSTLII, n.d.).

Similarly as defined under New South Wales law in the current situation Dane will be liable for murder and manslaughter as he overlooked the fact that she should be carefully death with as a result of the drug.

References:

 R v Knight (1988) 35 A Crim R 314. Retrieved on 16^th aug, 2016 from: https://www.judcom.nsw.gov.au/publications/benchbks/criminal/assault.html.

Barton v Armstrong [1969] 2 NSWR 451 at 455. Retrieved on 16^th aug, 2016 from: https://www.judcom.nsw.gov.au/publications/benchbks/criminal/assault.html.

 R v Tout (1987) 11 NSWLR 251 at 254–255. Retrieved on 16^th aug, 2016 from: https://www.judcom.nsw.gov.au/publications/benchbks/criminal/assault.html.

Queen v Phillips (1971) 45 ALJR 467 at 472. Retrieved on 16^th aug, 2016 from: https://www.judcom.nsw.gov.au/publications/benchbks/criminal/assault.html.

AUSTLII.(n.d.). Queensland Consolidated Acts. Retrieved on 16^th Aug, 2016 from: http://www.austlii.edu.au/au/legis/qld/consol_act/cc189994/.

AUSTLII.(n.d.).New South Wales Consolidated Acts. Retrieved on 16^th Aug,2016 from: http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/.

 

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