Consent, power and mistake of fact in Queensland Rape Law

Crowe, Jonathan (2011) Consent, power and mistake of fact in Queensland Rape Law. Bond Law Review, 23 1: 21-40.

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Author Crowe, Jonathan
Title Consent, power and mistake of fact in Queensland Rape Law
Journal name Bond Law Review
ISSN 1033-4505
Publication date 2011
Year available 2011
Sub-type Article (original research)
Volume 23
Issue 1
Start page 21
End page 40
Total pages 20
Place of publication Gold Coast, QLD, Australia
Publisher School of Law, Bond University
Collection year 2012
Language eng
Subject C1
180110 Criminal Law and Procedure
940405 Law Reform
Abstract This article critically examines the legislative definition of rape in Queensland, ten years after the last round of major amendments in 2000. It begins by examining the approach of the Queensland Court of Appeal to the central notion of consent, focusing on cases decided since the amendments. The article then considers the role played by the defence of mistake of fact under s 24 of the Criminal Code 1899 (Qld) in a number of recent appeals from rape convictions. It is argued that the Queensland legislature should consider significantly limiting the application of s 24 to the offence of rape.
Q-Index Code C1
Q-Index Status Confirmed Code
Institutional Status UQ
Additional Notes Article no.2.

Document type: Journal Article
Sub-type: Article (original research)
Collections: Official 2012 Collection
TC Beirne School of Law Publications
 
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Created: Mon, 12 Sep 2011, 12:11:09 EST by Carmen Buttery on behalf of T.C. Beirne School of Law