Alcohol & The Law
What legislation regulates the sale and supply of alcohol in Queensland?
Liquor Act 1992 (QLD)
Who is responsible for ensuring alcohol is served responsibly in a licensed venue?
Both the licensee and the staff members serving alcohol.
Identify four examples of violent offences.
Common assault, grievous bodily harm, murder, manslaughter, USCD
Define provocation.
A defence where an act is done in the heat of the moment and is proportionate to the provocation.
What are the three areas of legal criteria?
Rule of Law, Features of a good law and Theories of Punishment
What is the BAC limit for P or L plates and drivers under 20 years old?
0.00
Identify 2 penalties that can apply to venues that serve alcohol to intoxicated persons.
Fines, suspension or cancellation of licence or staff disciplinary action.
Explain the crime unlawful striking causing death.
What: USCD is a serious criminal offence in Queensland and happens when a person unlawfully hits, punches, or strikes another person once, and that person dies as a result — even if the death was not intended.
Why: The offence was introduced in 2014 to deal with so-called “one punch” or “coward punch” attacks.
Is provocation available for unlawful striking causing death?
No.
Identify two features of a good law.
Clear, reasonable, enforceable, just, equitable, respects human rights.
What does secondary supply of alcohol mean?
When an adult (not a responsible adult) provides alcohol to someone under 18 years old.
Define responsible supervision and 2 elements that would be used to determine responsible supervision.
Supervision by a responsible adult who ensures a safe environment for the minor.
age of the under-age person
whether the adult is unduly intoxicated
if the under-age person is unduly intoxicated
whether the under-age person is eating food while drinking alcohol
if the adult is responsibly supervising the under-age person’s alcohol intake
the volume of alcohol being supplied and the period it is supplied over.
Explain how sentencing for unlawful striking causing death differs from murder.
Parole eligibility after 80% of sentence or 15 years, whichever is less.
Murder - Life imprisonment with no parole for at least 15 years.
Identify two theories of punishment.
Deterrence, rehabilitation, denunciation, incapacitation, retribution.
What is the main purpose of the RSA laws in Queensland?
To reduce alcohol-related harm and ensure alcohol is served safely and responsibly.
Sophie (16) uses her mum’s details to order alcohol online. The driver doesn’t check ID. What laws have been broken, and who is responsible?
The driver broke the law by supplying alcohol to a minor without checking ID. Sophie also broke the law by using false details.
Define disorderly.
Disruptive, unruly behaviour that causes a public disturbance.