I would greatly appreciate if someone could assist me with the following.
I am looking for serious Legal insights and not the kind of cookie-cutter answers which seem like they're copied & pasted from web sites. The more information the better. Also not looking for Judgement. Thanks.
In s23 of the Criminal Code in QLD, it essentially states that motive has no relevance in Criminal matters the State of Queensland.
Now, for example, a person is charged for a Crime that involves touching, but not sexual touching - at least not in any area of the body normally considered sexual, and also not in a circumstance which would not be expected to be deemed 'objectively indecent' by anyone, no indecent suggestion or comment being claimed at the time...
(I give the example of touching on the small of the back of a teenaged girl with absense of any aggravating circumstances)
Firstly, how would this stand in relation to the 'public interest' test?
Secondly, while I wouldn't expect anyone to make a guess at 'sufficiency of evidence', how would Motive come into play here? Would an attempt to inject or suggest a Motive fly in QLD?
Could a matter such as this ultimately lead to a successful prosecution? Has it ever?
Does the general sense of what I have I have outlined generally satisfy all the elements of a Crime, and if so, why?
How would the differences in QLD relating to the relevance of Motive bear on such a Charge?
Are there any precedents that would be useful for me to review on this?
Thank you.
I am looking for serious Legal insights and not the kind of cookie-cutter answers which seem like they're copied & pasted from web sites. The more information the better. Also not looking for Judgement. Thanks.
In s23 of the Criminal Code in QLD, it essentially states that motive has no relevance in Criminal matters the State of Queensland.
Now, for example, a person is charged for a Crime that involves touching, but not sexual touching - at least not in any area of the body normally considered sexual, and also not in a circumstance which would not be expected to be deemed 'objectively indecent' by anyone, no indecent suggestion or comment being claimed at the time...
(I give the example of touching on the small of the back of a teenaged girl with absense of any aggravating circumstances)
Firstly, how would this stand in relation to the 'public interest' test?
Secondly, while I wouldn't expect anyone to make a guess at 'sufficiency of evidence', how would Motive come into play here? Would an attempt to inject or suggest a Motive fly in QLD?
Could a matter such as this ultimately lead to a successful prosecution? Has it ever?
Does the general sense of what I have I have outlined generally satisfy all the elements of a Crime, and if so, why?
How would the differences in QLD relating to the relevance of Motive bear on such a Charge?
Are there any precedents that would be useful for me to review on this?
Thank you.
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