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Deprivation Of Liberty

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What the law says

Sections 355 of the Criminal Code Queensland states:

Any person who unlawfully confines or detains another in any place against the person's will, or otherwise unlawfully deprives another of the other person's personal liberty, is guilty of a misdemeanour.

What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

The accused:

  1. Having the lawful care or charge of a child under 16;
  2. Caused suffering to the child; by
    • a)Failing to provide the child with adequate food, clothing, medical treatment,   accommodation or care when it is available to the person from his or her own resources; or
    • (b) Failing to take all lawful steps to obtain adequate food clothing, medical treatment, accommodation or care when it is not available to the person from his or her own resources; or
    • (c) Deserting a child; or
    • (d) Leaving the child without means of support.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Maximum penalty

The Maximum penalty for the offence of Deprivation of liberty is 3 years imprisonment

Which court will hear the matter

This matter is indictable which can only be dealt with in the District Court.

Possible defences

Possible defences to this offence include but are not limited to

The accused

  1. Duress
  2. Necessity
  3. Insanity
  4. Intoxication
  5. Honest and reasonable belief the person was consenting.
  6. The complainant was free to leave
  7. The complainant consented

Criminal Law Article written by Bill Potts a Queensland criminal defence lawyer who has experience in Deprivation of liberty matters

 

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