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The Definition And Significance Of ‘Intoxication’ In Australian Criminal Law: A Case Study Of Queensland’s ‘Safe Night Out’ Legislation

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posted on 2022-12-12, 01:22 authored by J Quilter, L McNamara, Kate SeearKate Seear, Robin RoomRobin Room

Australian criminal law is being actively reconfigured in an effort to produce a more effective response to the problem of alcohol-related violence. This article uses the Safe Night Out Legislation Amendment Act 2014 (Qld) as a case study for two purposes: i) to introduce a set of conceptual tools and typologies that can be used to investigate the relationship between ‘intoxication’ and criminal law; and ii) to raise a number of concerns about how the effects of alcohol and other drugs are implicated in laws governing police powers, criminal responsibility and punishment. We draw attention to the different and sometimes inconsistent ways in which significance is attached to evidence of the consumption of alcohol and other drugs, as well as to variations and ambiguities in how legislation attempts to capture the degree of impairment or effects that are regarded as warranting the attachment of criminal law significance.

Funding

The research on which this article reports is funded by the Australian Institute of Criminology's Criminology Research Grants Program 2014/15.

History

Publication Date

2016-06-17

Journal

QUT Law Review

Volume

16

Issue

2

Pagination

18p. (p. 42-58)

Publisher

Queensland University of Technology, Faculty of Law

ISSN

2201-7275

Rights Statement

This work is licensed under a Creative Commons Attribution 4.0 International License. Authors who publish with this journal retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License (CC-BY) that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.

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