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QLD Refusing to Answer Question at VCAT Hearing - Liable Under Criminal Law?

Discussion in 'Criminal Law Forum' started by Dwayne Harry, 6 December 2015.

  1. Dwayne Harry

    Dwayne Harry Well-Known Member

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    If a person is aware of a crime and refuses or declines to answer a critical question in a VCAT hearing, which would prove that there was a crime (and who committed it), are they liable for "Accessory After The Fact" to the crime under criminal law?
     
  2. Rod

    Rod Well-Known Member

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    The QLD law says:

    "A person who receives or assists another who is, to the person's knowledge, guilty of an offence, in order to enable the person to escape punishment, is said to become an accessory after the fact to the offence."

    Don't expect that a VCAT hearing in Victoria about a different dispute can get you into trouble in a criminal proceeding in QLD. VCAT is not trying to catch a criminal.

    Keep in mind you may lose your VCAT case if you refuse to truthfully answer an important question in that case. You are fully entitled not to answer a question. Just as the tribunal member is then justified to make a ruling on the facts he does have.
     
  3. Dwayne Harry

    Dwayne Harry Well-Known Member

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    Thanks Rod,
    It's the first 3 lines that clarify it for me.
    It's exactly what I wanted to hear.

    Cheers
     
  4. Dwayne Harry

    Dwayne Harry Well-Known Member

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    Hi again Rod,

    Just a couple more queries if you don't mind.

    1. If person "A" is the offender (not myself) and resides in Victoria, but commits the crime in Queensland, is there any jurisdiction on where they are charged?

    2. If person "B" is the assistant (accessory to the crime), again not myself, and resides in Queensland, can they be charged prior to person "A".

    Regards
     
  5. Rod

    Rod Well-Known Member

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    1. QLD. If caught in Vic they might give person A an all expenses paid trip to QLD :)

    2. Not sure. Logically it would not make sense unless the police already know they have enough evidence on person A. Until person A has been found guilty, person B cannot be guilty as an accessory to a crime that has not yet been proven.
     
  6. Dwayne Harry

    Dwayne Harry Well-Known Member

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    Hi again Rod,

    One final query and I think I'm ready to commence legal action. What is the crime called for providing incorrect information to a hospital leading to an incorrect diagnosis which causes the patient pain, suffering, financial loss and psychological suffering.

    Kind Regards and thanks again for your help.
     
  7. Rod

    Rod Well-Known Member

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    Medical negligence is what I think you mean.

    Hard to prove. Good luck with that one.
     
  8. Dwayne Harry

    Dwayne Harry Well-Known Member

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    Thanks Rod,

    Is that medical negligence against the hospital or the person providing the information which led to the incorrect diagnosis?

    I am currently more interested in the charge against the person providing the incorrect information which led to the diagnosis.

    The hospital will come later.

    Regards
     
  9. Rod

    Rod Well-Known Member

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    Whoever was negligent. Could be either party, or could be both.
     

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