Abstract
The crime of torture was introduced into the Queensland Criminal Code in 1997. While initially this crime was introduced to respond to a gap in the criminal justice response to child abuse, it has since been used on many occasions in response to cases involving domestic and family violence. This chapter tracks the introduction of the crime of torture into Queensland law and reviews case law and sentencing data to show how it has been applied in the context of domestic and family violence. In the context of increased recognition of the serious impact of non-physical forms of family violence, it shows how the crime of torture can be applied to cases of domestic and family violence that do not involve physical abuse. Drawing on case studies, the chapter also identifies shortcomings of the offence and explores the possibility of the introduction of a less serious version of the offence.
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Notes
- 1.
Pseudonyms are used when referring to the participants’ comments to protect their anonymity. Thanks to the women who shared their stories for this research and to Dr. Jennifer Bell for research assistance. This work was supported by the Australian Research Council's Future Fellowship scheme (project number FT140100796). For more information about this study see: <https://law.uq.edu.au/research/our-research/using-law-and-leaving-domestic-violence-project/using-law-and-leaving-domestic-violence>.
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Legislation
Criminal Code and Other Acts Amendment Act 2008 (Qld)
Criminal Law (Domestic Violence) Amendment Bill 2015 (Qld)
Criminal Law Amendment Bill 1996 (Qld)
Domestic and Family Violence Protection Act 2012 (Qld)
Domestic Abuse (Scotland) Act 2018
Family Violence Act 2004 (Tas)
Penalties and Sentences Act 1992 (Qld)
Serious Crime Act 2015 (E&W)
Cases
R v Burns [1999] QCA 189 (28 May 1999)
R v Burns [2000] QCA 201 (30 May 2000)
R v Ellis [2018] QCA 70 (17 April 2018)
R v Griffin [1997] QCA 115
R v HAC [2006] QCA 291 (11 August 2016)
R v Latsamyvong [2017] QCA 174 (18 August 2017)
R v LM [2004] QCA 192 (4 June 2004)
R v M [2003] QCA 380 (1 September 2003)
R v Murphy [2017] QCA 267 (8 November 2017)
R v Peirson [2006] QCA 251 (14 July 2006)
R v Ping [2005] QCA 472 (16 December 2005)
R v Samad [2012] QCA 63 (23 March 2012)
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Douglas, H. (2020). Alternative Constructions of a Family Violence Offence. In: McMahon, M., McGorrery, P. (eds) Criminalising Coercive Control . Springer, Singapore. https://doi.org/10.1007/978-981-15-0653-6_12
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