The Definition and Significance of 'Intoxication' in Australian Criminal Law

A Case Study of Queensland's 'Safe Night Out' Legislation

Julia Quilter, McNamara Luke, Kathryn Leigh Seear, Robin Gerald Walden Room

Research output: Contribution to journalArticleResearchpeer-review

Abstract

Australian criminal law is being actively reconfigured in an effort to produce a more effective response to the problem of alcohol-related violence. This article uses the Safe Night Out Legislation Amendment Act 2014 (Qld) as a case study for two purposes: i) to introduce a set of conceptual tools and typologies that can be used to investigate the relationship between ‘intoxication’ and criminal law; and ii) to raise a number of concerns about how the effects of alcohol and other drugs are implicated in laws governing police powers, criminal responsibility and punishment. We draw attention to the different and sometimes inconsistent ways in which significance is attached to evidence of the consumption of alcohol and other drugs, as well as to variations and ambiguities in how legislation attempts to capture the degree of impairment or effects that are regarded as warranting the attachment of criminal law significance.
Original languageEnglish
Pages (from-to)42-58
Number of pages17
JournalQUT Law Review
Volume16
Issue number2
DOIs
Publication statusPublished - 2016

Cite this

@article{8c95bae5bc074376a716e0961cef2a8d,
title = "The Definition and Significance of 'Intoxication' in Australian Criminal Law: A Case Study of Queensland's 'Safe Night Out' Legislation",
abstract = "Australian criminal law is being actively reconfigured in an effort to produce a more effective response to the problem of alcohol-related violence. This article uses the Safe Night Out Legislation Amendment Act 2014 (Qld) as a case study for two purposes: i) to introduce a set of conceptual tools and typologies that can be used to investigate the relationship between ‘intoxication’ and criminal law; and ii) to raise a number of concerns about how the effects of alcohol and other drugs are implicated in laws governing police powers, criminal responsibility and punishment. We draw attention to the different and sometimes inconsistent ways in which significance is attached to evidence of the consumption of alcohol and other drugs, as well as to variations and ambiguities in how legislation attempts to capture the degree of impairment or effects that are regarded as warranting the attachment of criminal law significance.",
author = "Julia Quilter and McNamara Luke and Seear, {Kathryn Leigh} and Room, {Robin Gerald Walden}",
year = "2016",
doi = "10.5204/qutlr.v16i2.654",
language = "English",
volume = "16",
pages = "42--58",
journal = "QUT Law Review",
issn = "2201-7275",
publisher = "Queensland University of Technology",
number = "2",

}

The Definition and Significance of 'Intoxication' in Australian Criminal Law : A Case Study of Queensland's 'Safe Night Out' Legislation. / Quilter, Julia; Luke, McNamara; Seear, Kathryn Leigh; Room, Robin Gerald Walden.

In: QUT Law Review, Vol. 16, No. 2, 2016, p. 42-58.

Research output: Contribution to journalArticleResearchpeer-review

TY - JOUR

T1 - The Definition and Significance of 'Intoxication' in Australian Criminal Law

T2 - A Case Study of Queensland's 'Safe Night Out' Legislation

AU - Quilter, Julia

AU - Luke, McNamara

AU - Seear, Kathryn Leigh

AU - Room, Robin Gerald Walden

PY - 2016

Y1 - 2016

N2 - Australian criminal law is being actively reconfigured in an effort to produce a more effective response to the problem of alcohol-related violence. This article uses the Safe Night Out Legislation Amendment Act 2014 (Qld) as a case study for two purposes: i) to introduce a set of conceptual tools and typologies that can be used to investigate the relationship between ‘intoxication’ and criminal law; and ii) to raise a number of concerns about how the effects of alcohol and other drugs are implicated in laws governing police powers, criminal responsibility and punishment. We draw attention to the different and sometimes inconsistent ways in which significance is attached to evidence of the consumption of alcohol and other drugs, as well as to variations and ambiguities in how legislation attempts to capture the degree of impairment or effects that are regarded as warranting the attachment of criminal law significance.

AB - Australian criminal law is being actively reconfigured in an effort to produce a more effective response to the problem of alcohol-related violence. This article uses the Safe Night Out Legislation Amendment Act 2014 (Qld) as a case study for two purposes: i) to introduce a set of conceptual tools and typologies that can be used to investigate the relationship between ‘intoxication’ and criminal law; and ii) to raise a number of concerns about how the effects of alcohol and other drugs are implicated in laws governing police powers, criminal responsibility and punishment. We draw attention to the different and sometimes inconsistent ways in which significance is attached to evidence of the consumption of alcohol and other drugs, as well as to variations and ambiguities in how legislation attempts to capture the degree of impairment or effects that are regarded as warranting the attachment of criminal law significance.

U2 - 10.5204/qutlr.v16i2.654

DO - 10.5204/qutlr.v16i2.654

M3 - Article

VL - 16

SP - 42

EP - 58

JO - QUT Law Review

JF - QUT Law Review

SN - 2201-7275

IS - 2

ER -