Saul Holt QC, Co-General Editor of Indictable Offences Queensland, has written brand new annotations to Chapter 26 – Assaults and violence to the person generally – justification and excuse, of the Criminal Code (Qld). Here is an overview of the new annotations to this particularly critical chapter of the Code:
Sections 245 and 246 collectively define an unlawful assault. An assault will be unlawful where it is not justified or authorised by law.
The following sections provide defences to offences involving assault or the use of force:
- Sections 247 to 266 provide a range of circumstances in which those who are enforcing the law and process (for example warrants) and preventing riots and other breaches of the peace are entitled to use force.
- Sections 268 to 269 create the defence and partial defence of provocation which can render an assault lawful.
- Sections 267, 277 to 279 permit the use of force in defence of real property or the lawful occupation or use of real property.
- Section 271 permits a person to use force in defence of an unlawful assault that the defendant did not provoke.
- Section 272 permits a person to use force in defence of an assault that the defendant did provoke but only in limited circumstances.
- Section 273 makes it lawful to aid another in self-defence to the same extent as the person who is being aided is entitled to defend him or herself.
- Sections 274 to 276 permit the use of force in defence of moveable property.
- Sections 282 and 283 permit the use of force for surgical procedures and palliative care.
- Section 283 declares that if force can lawfully be used under any of the above provisions, it will still be unlawful if it goes beyond that “justified by law under the circumstances”.
- Section 284 provides that consent to death is immaterial.
- Section 289 permits the use of force for “domestic discipline”.
See the July 2017 update of Indictable Offences Queensland on Westlaw, Proview or in looseleaf for the full annotations to Chapter 26, including consent to assault, unlawful assault, provocation, the objective test and self-defence, among other areas. Case law is extensively referenced and other new commentary has also been provided by the expert authoring team.