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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Criminal Code (Abusive
Domestic Relationship
Defence and Another Matter)
Amendment Bill 2009
Queensland
Criminal Code (Abusive Domestic
Relationship Defence and Another Matter)
Amendment Bill 2009
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Code amended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Insertion of new s 304B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
304B Killing in an abusive domestic relationship . . . . . . . . . 4
4 Amendment of s 408D (Obtaining or dealing with identification
information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5 Insertion of new pt 9, ch 86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Chapter 86 Transitional provisions for Criminal Code
(Abusive Domestic Relationship Defence and
Another Matter) Amendment Act 2009
723 Retrospective application of amendment . . . . . . . . . . 6
2009
A Bill
for
An Act to make particular amendments to the Criminal Code to
provide for a manslaughter conviction in relation to killing in an
abusive domestic relationship and to prohibit possession of
equipment in relation to an offence of obtaining or dealing with
identification information
Criminal Code (Abusive Domestic Relationship Defence and Another Matter) Amendment
Bill 2009
[s 1]
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Criminal Code (Abusive 3
Domestic Relationship Defence and Another Matter) 4
Amendment Act 2009. 5
Clause 2 Code amended 6
This Act amends the Criminal Code. 7
Clause 3 Insertion of new s 304B 8
Part 5, chapter 28-- 9
insert-- 10
`304B Killing in an abusive domestic relationship 11
`(1) A person who unlawfully kills another (the deceased) under 12
circumstances that, but for the provisions of this section, 13
would constitute murder, is guilty of manslaughter only, if-- 14
(a) the deceased has committed acts of serious domestic 15
violence against the person in the course of an abusive 16
domestic relationship; and 17
(b) the person believes that it is necessary for the person's 18
preservation from death or grievous bodily harm to do 19
the act or make the omission that causes the death; and 20
(c) the person has reasonable grounds for the belief having 21
regard to the abusive domestic relationship and all the 22
circumstances of the case. 23
`(2) References to the following are to be interpreted in the same 24
way as they are interpreted under the Domestic and Family 25
Violence Protection Act 1989 for that Act-- 26
(a) the existence of a domestic relationship between 2 27
persons; 28
Page 4
Criminal Code (Abusive Domestic Relationship Defence and Another Matter) Amendment
Bill 2009
[s 4]
(b) an act of domestic violence in a domestic relationship. 1
`(3) An abusive domestic relationship is a domestic relationship 2
existing between 2 persons in which there is a history of acts 3
of serious domestic violence committed by either person 4
against the other. 5
`(4) A history of acts of serious domestic violence may include 6
acts that appear minor or trivial when considered in isolation. 7
`(5) Subsection (1) may apply even if the act or omission causing 8
the death (the response) was done or made in response to a 9
particular act of domestic violence committed by the deceased 10
that would not, if the history of acts of serious domestic 11
violence were disregarded, warrant the response. 12
`(6) Subsection (1)(a) may apply even if the person has sometimes 13
committed acts of domestic violence in the relationship. 14
`(7) For subsection (1)(c), without limiting the circumstances to 15
which regard may be had for the purposes of the subsection, 16
those circumstances include acts of the deceased that were not 17
acts of domestic violence.'. 18
Clause 4 Amendment of s 408D (Obtaining or dealing with 19
identification information) 20
Section 408D-- 21
insert-- 22
`(1A) A person who possesses equipment for the purpose of 23
committing, or facilitating the commission of, an offence 24
against subsection (1), commits a misdemeanour. 25
Maximum penalty--3 years imprisonment.'. 26
Clause 5 Insertion of new pt 9, ch 86 27
Part 9-- 28
insert-- 29
Page 5
Criminal Code (Abusive Domestic Relationship Defence and Another Matter) Amendment
Bill 2009
[s 5]
`Chapter 86 Transitional provisions for 1
Criminal Code (Abusive 2
Domestic Relationship 3
Defence and Another 4
Matter) Amendment Act 5
2009 6
`723 Retrospective application of amendment 7
`(1) This Code, as amended by the Criminal Code (Abusive 8
Domestic Relationship Defence and Another Matter) 9
Amendment Act 2009, section 3, applies to proceedings for an 10
offence-- 11
(a) started but not finished before the commencement; or 12
(b) started after the commencement, whether the act or 13
omission constituting the offence happened before or 14
after the commencement. 15
`(2) Subsection (1) does not apply to proceedings for an appeal 16
from a conviction or sentence that happened before the 17
commencement. 18
`(3) In this section-- 19
commencement means the commencement of the Criminal 20
Code (Abusive Domestic Relationship Defence and Another 21
Matter) Amendment Act 2009, section 3.'. 22
© State of Queensland 2009
Page 6
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