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QLD Criminal Law Standard on Emotional and Psychological Harm?

Discussion in 'Criminal Law Forum' started by John Thorton, 8 August 2016.

  1. John Thorton

    John Thorton Well-Known Member

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    What exactly is the standard for "serious emotional, mental or psychological harm" under Criminal Law?

    I cannot find any Case Law to help define this apart from Judge McGill of the District Court stating that being "upset" does not constitute the above.

    Knowing that the detriment had to have arisen reasonably, is telling a woman you're going to get back at her for a really bad thing she did to you by telling her partner she cheated on him with you serious mental harm that's reasonably arisen? Although it may have been distasteful, what about forwarding proof her father was allegedly cheating on her mother?

    She openly admits to never having believed it in the first place and yet that forms the basis for the charge.

    Been charged by what I suspect is a stupid cop, keen to write representations for a withdrawal if people can provide an opinion...
     
  2. Tim W

    Tim W Lawyer

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    Really, you are making a plain old threat.
    Besides, your purported defence here is analogous to saying "I didn't hit her that hard".
    Not a strategy to be recommended.
    Even if this question made sense, it's still describing an act of harassment, and constitutes a threat to cause her further distress.
    Not a course of action to be recommended.
    Charged with what?
     
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  3. Rod

    Rod Well-Known Member

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    Yep. Without knowing the charge, it is not possible to know what defences can be used and to what standard.
     
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  4. John Thorton

    John Thorton Well-Known Member

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    Unlawful stalking QLD.
     
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  5. Rod

    Rod Well-Known Member

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    Recommend you get advice from a lawyer. Max penalty is 5 yrs jail if found guilty.

    The prosecution will need to prove their case. IE the illness/condition exists and that your behaviour caused it.
     
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  6. John Thorton

    John Thorton Well-Known Member

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    So a mental condition needs to arise from the conduct?
     
  7. Rod

    Rod Well-Known Member

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    yes.
     
  8. John Thorton

    John Thorton Well-Known Member

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    Source?
     
  9. Rod

    Rod Well-Known Member

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    It is a common law principle applying to crimes - causation. Recommend you get a lawyer. Not knowing about the fundamental principles of crimes and criminal procedures when defending a crime with potential jail time seems to indicate a lack of awareness of consequences. If you go to court and lose there are other unwanted side effects depending on your field of employment. Get a lawyer.
     
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  10. Gorodetsky

    Gorodetsky Well-Known Member

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    Mmmm,

    Qld criminal code 359c(5)
    (5) For section 359B(d)(i), it is immaterial whether the apprehension or fear, or the violence, mentioned in the section is actually caused

    I don't think the prosecution need prove this person suffered emotional pain.

    I think a solicitor could help you.

    Regards
     

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