Australia's #1 for Law

Join 11,000+ Australians. Ask a question, respond to a question and better understand the law today!

Dismiss Notice
Hi Guest, Want peace of mind with personalised legal advice today? Visit LawTap to find the right Australian lawyer and book online instantly.

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

    Joined:
    2 August 2016
    Messages:
    16
    Likes Received:
    4
    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
    LawTap Verified Lawyer

    Joined:
    28 April 2014
    Messages:
    1,926
    Likes Received:
    451
    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?
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    Timothy Longmire likes this.
  3. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,706
    Likes Received:
    358
    Yep. Without knowing the charge, it is not possible to know what defences can be used and to what standard.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    Timothy Longmire likes this.
  4. John Thorton

    John Thorton Well-Known Member

    Joined:
    2 August 2016
    Messages:
    16
    Likes Received:
    4
  5. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,706
    Likes Received:
    358
    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.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    Timothy Longmire likes this.
  6. John Thorton

    John Thorton Well-Known Member

    Joined:
    2 August 2016
    Messages:
    16
    Likes Received:
    4
    So a mental condition needs to arise from the conduct?
     
  7. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,706
    Likes Received:
    358
    yes.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  8. John Thorton

    John Thorton Well-Known Member

    Joined:
    2 August 2016
    Messages:
    16
    Likes Received:
    4
    Source?
     
  9. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,706
    Likes Received:
    358
    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.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    Timothy Longmire likes this.
  10. Gorodetsky

    Gorodetsky Well-Known Member

    Joined:
    21 February 2016
    Messages:
    103
    Likes Received:
    17
    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
     
Loading...

Share This Page

Loading...
gt;