Vicarious liability is legal responsibility imposed on an employer, even though he himself is free from
blame, for a tort committed by his employee in the course of his employment Lister v Lesley Hall Ltd
To prove vicarious liability
Pure Psychiatric Injury
Process and likely factors:
1. Recognizable psychiatric injury (GIO v Coates)
2. Reasonably foreseeable Injury
a. Sudden shock
b. Direct perception
c. Sudden shock
d. nature of relations
Truly Novel Categories
Some categories where PEL is claimed where the cases do not fit within a
specified category. These are truly novel cases.
Personal injury, 3 years: s 11 LOAA.
Property, and everything
Scott & Mason v Kim Wrongful Death
Time Limits 3 yrs LAA s 11
CPA s 64 provides for compensation to relatives/dependants of deceased in
certain circumstances Family member needs to satisfy following elements of s
S 64 (1)(a) Causation Here, Kourtneys
Analyse how the courts have allowed recovery for PEL arising from
negligent acts, whilst at the same time protecting against indeterminate
The courts traditional reluctance to impose a duty to protect against causing
financial harm to another r
PURE ECONOMIC LOSS
Limitation: Personal injury, 3 years: s 11 LOAA.
Property, and everything else, 6 years: s 10(1)(a) LOAA
Onus of proof: onus on P throughout, on balance of probabilities
Parties Structure of Answer
1. Where more than one person is involved in committing an offence, the other people
may still be criminally responsible under Chapter 2 of the Code.
a. Section 7 & 8 apply to offences in other legislation, n
Penalties and Sentences Act 1992 (Qld)
Came into operation late 1992
Previously sentencing was governed by common law principles and some legislation re
penalties eg in Criminal Code
cf Sentencing Act 1991 (Vic) - Q
Sentencing defined by ALRC in 1988:
Sentencing is the process of selecting the type and amount of punishment to impose
for a particular breach of the law. (ALRC Report 44, 12)
Cf crime prevention: It is the criminal justice sys
Self Defence Structure of Answer
1. X may be able to argue self defence to escape criminal responsibility.
a. Rationale: Ought not be held accountable for merely acting in self defence of
2. Onus of proof
a. The onus is
Provocation (Murder) Structure of Answer
1. This template only applies to murder, not assault offences!
a. It is not available as an excuse for attempted murder.
2. Opening Statement
a. X may be able to argue provocation to escape c
Provocation (Assault) Structure of Answer
1. This template only applies to assault offences, not where person murdered!
a. The excuse of provocation cannot be relied upon where the accused is
charged with offences such as GBH, doing
Intoxication Structure of Answer
1. Due to the fact that X was intoxicated, it is necessary to consider the effect of s 28
for the accused. Section 28 effectively extends the operation of s 27 to those people
whose minds are disord
Mistake Structure of Answer
1. X has been charged with <offence>, but X believed <mistaken belief>. If this can
be characterised as a mistake of fact, X may have a defence. If however, it is a
mistake of law, there is no excuse. Section
Insanity Structure of Answer
1. The accused may be found not guilty by reason of insanity under s 27.
a. Rationale: A person ought not be criminally responsible for acts of an insane
2. Onus of proof
a. The onus of proof is on th
Double Jeopardy Structure of Answer
1. X may wish to raise the defence of double jeopardy in s 17 to escape criminal
responsibility in the second trial.
a. REMEMBER: 2nd way of avoiding DJ on last page (abuse of process) and
Honest Claim of Right
Honest Claim of Right Structure of Answer
1. X may be able to claim that they were acting in the exercise of an honest claim of right
under s 22(2).
a. Rationale: It is not an ignorance as to the criminal law, but an ignor
Emergency Structure of Answer
1. The excuse of emergency in s 25 may be open to X due to the
extraordinary/sudden circumstances in this case. The rationale for this excuse is
that no one is expected to be wiser than all of human kind
Double Punishment Structure of Answer
s16 CC prevents a person from being punished twice for the same act or omission, unless
the victim subsequently dies: R v Tricklebank.
Same act or omission
R v Hull (No 2)
1st trial D conv
Diminished Responsibility Structure of Answer
1. The defence of diminished responsibility only applies to cases of murder!
2. Since X is charged with murder, they may be able to rely on the defence of
Compulsion Structure of Answer
1. X may be excused from criminal responsibility under s 31 of the Code due to
compulsion. This section is used when there are special circumstances where the
person should not be criminally responsible
Accident Structure of Answer
1. Section 23(1)(b) provides that a person is not criminally responsible for an event
which occurs by accident.
a. Section 23(1)(b) applies to all criminal offences in Queensland ( Molloy v
b. The p
Act Independent of Will
Act Independent of Will Structure of Answer
1. Section 23(1)(a) provides that a person is not criminally responsible for an act that
occurs independently of the persons will.
a. Intention of the accused is irrelevant, un
Attempts Structure of Answer
1. X may be guilty of attempting to commit an offence. An attempt has 4 elements (in
s 4), the first 3 of which must be proved beyond reasonable doubt by the
2. X must have had an in
Wilful Damage Structure of Answer
1. The offence of wilful damage is contained in s 469 and requires a wilful and
unlawful destruction of property.
i. The test is: if damage is likely to result and the accu
Unlawful Use of a Motor Vehicle
Unlawful Use of a Motor Vehicle Structure of Answer
1. Unlawful use of a MV is defined in s 408A of the Code, and applies when a person
uses a MV without the consent of the person in lawful possession (s 408A(1).
Stealing Structure of Answer
1. Stealing is defined in s 391, and is punished under s 398. It is defined as when a
person takes or converts anything capable of being stolen (s 391(1).
a. Capable of being stolen
Stalking Structure of Answer
1. Unlawful stalking is defined in s 359B of the Code and is punished under s 359E.
2. Stalking requires the conduct to be intentionally directed at the stalked person (s
a. It is immaterial whethe
Receiving Stolen Property
Receiving Stolen Property Structure of Answer
1. Receiving property obtained by means of any act constituting an indictable offence,
and having reason to believe it to be so obtained is a crime (s 433(1).