Submission to the Queensland Law Reform Commission: Review of particular criminal defences

Working paper

Hemming, Andrew. 2025. Submission to the Queensland Law Reform Commission: Review of particular criminal defences.

Title	Submission to the Queensland Law Reform Commission: Review of particular criminal defences
Report Type	Working paper
Research Report Category	Public sector
Authors	Hemming, Andrew
Page Range	1-18
Number of Pages	18
Year	2025
Abstract	Submission to the Queensland Law Reform Commission. Review of particular defences. Equality and integrity: reforming criminal defences in Queensland. Response to calls for submissions to Consultation Paper February 2025 published by the Queensland Law Reform Commission.
Keywords	criminal defences ; Queensland; Reform
Contains Sensitive Content	Does not contain sensitive content
ANZSRC Field of Research 2020	480799. Public law not elsewhere classified
Public Notes	Files associated with this item cannot be displayed due to copyright restrictions.
Byline Affiliations	School of Law and Justice

Permalink -

https://research.usq.edu.au/item/zwy89/submission-to-the-queensland-law-reform-commission-review-of-particular-criminal-defences

22
total views
2
total downloads
22
views this month
0
downloads this month

Export as

Related outputs

LexisNexis Questions and Answers: Civil Procedure

Zillmann, Hugh and Hemming, Andrew. 2025. LexisNexis Questions and Answers: Civil Procedure. Australia. Lexis Nexis.

Did They Do It? Six Notorious Australian Murder Trials

Hemming, Andrew. 2025. Did They Do It? Six Notorious Australian Murder Trials. Australia. Lexis Nexis.

Will Democratic Freedoms and Human Rights Survive a Second Pandemic in Australia? A Case Study of the Legal Foundations and Mechanisms of Implementation of Australia's COVID-19 Response

Hemming, Andrew. 2024. "Will Democratic Freedoms and Human Rights Survive a Second Pandemic in Australia? A Case Study of the Legal Foundations and Mechanisms of Implementation of Australia's COVID-19 Response." Australian Law Journal. 98 (8), pp. 578-595.

Why Australia Should Adopt the English Model for Propensity and Bad Character Evidence: Rebalancing the Criminal Justice System in Favour of the Victims of Crime

Hemming, Andrew and Hudson, Emma. 2024. "Why Australia Should Adopt the English Model for Propensity and Bad Character Evidence: Rebalancing the Criminal Justice System in Favour of the Victims of Crime." Criminal Law Journal. 47 (2), pp. 180-198.

Why Australia Should Adopt the English Model for Propensity and Bad Character Evidence: Re-balancing the Criminal Justice System in Favour of the Victims of Crime.

Hemming, Andrew and Hudson, Emma. 2024. "Why Australia Should Adopt the English Model for Propensity and Bad Character Evidence: Re-balancing the Criminal Justice System in Favour of the Victims of Crime." Criminal Law Journal. 47 (2), pp. 180-198.

Criminal Procedure in Australia

Hemming, Andrew, Feld, Francine and Anthony, Thalia. 2024. Criminal Procedure in Australia. Australia. Lexis Nexis.

Is Leaving God to Make the Choice an Answer to a Charge of Murder by Reckless Indifference to Human Life or Manslaughter? A Case Study of Queensland Criminal Law

Hemming, Andrew. 2023. "Is Leaving God to Make the Choice an Answer to a Charge of Murder by Reckless Indifference to Human Life or Manslaughter? A Case Study of Queensland Criminal Law." Australian Journal of Law and Religion. 3, pp. 69-90. https://doi.org/10.55803/K470X

Criminal Procedure: LexisNexis Questions and Answers

Hemming, Andrew. 2023. Criminal Procedure: LexisNexis Questions and Answers. Australia. Lexis Nexis.

Criminal Responsibility: Older but No Wiser

Hemming, Andrew. 2023. "Criminal Responsibility: Older but No Wiser." Criminal Law Journal. 46 (5), pp. 301-315.

Lost in Translation: The Wrongful Conviction of Kathleen Folbigg Based on Fresh Medical Evidence and Expert Interpretation of Her Diaries

Hum, Fiona and Hemming, Andrew. 2023. "Lost in Translation: The Wrongful Conviction of Kathleen Folbigg Based on Fresh Medical Evidence and Expert Interpretation of Her Diaries." Australian Law Journal. 97 (3), pp. 180-195.

Evidence: commentary and materials

Hemming, Andrew and Chesser, Brianna. 2021. Evidence: commentary and materials. Sydney, Australia. Thomson Reuters.

Evidence Law in Qld, SA and WA, 2nd ed.

Hemming, Andrew. 2022. Evidence Law in Qld, SA and WA, 2nd ed. Sydney, Australia. Lawbook Co..

Under What Circumstances is the Shield Against Self-Incrimination Lowered in a Civil Action?

Hemming, Andrew. 2022. "Under What Circumstances is the Shield Against Self-Incrimination Lowered in a Civil Action?" Lincoln Memorial University Law Review. 9 (2), pp. 20-72.

Why the Jury in Pell v The Queen Must Have Had a Doubt and the High Court was Right to Quash the Guilty Verdicts

Hemming, Andrew. 2022. "Why the Jury in Pell v The Queen Must Have Had a Doubt and the High Court was Right to Quash the Guilty Verdicts." Australian Journal of Law and Religion. 1 (1), pp. 57-75.

Inconsistencies, Improbabilities and Impossibilities in the Case of cardinal Pell: A Reply to Memory Science

Hum, Fiona and Hemming, Andrew. 2022. "Inconsistencies, Improbabilities and Impossibilities in the Case of cardinal Pell: A Reply to Memory Science." Criminal Law Journal. 46 (3), pp. 151-169.

The use of real evidence in court: time to trust the common sense of the jury?

Hemming, Andrew. 2022. "The use of real evidence in court: time to trust the common sense of the jury?" Australian Law Journal. 96 (2), pp. 105-124.

Nominations to the Supreme Court: Much Ado About Nothing or a Polarized Partisan Court?

Hemming, Andrew. 2022. "Nominations to the Supreme Court: Much Ado About Nothing or a Polarized Partisan Court?" Elon Law Review. 14 (1), pp. 37-85.

Illegally or Improperly Obtained Evidence: Time to Reform s 138 of the Uniform Evidence Legislation?

Hemming, Andrew. 2021. "Illegally or Improperly Obtained Evidence: Time to Reform s 138 of the Uniform Evidence Legislation?" Journal of Judicial Administration. 31 (2), pp. 92-112.

Reform of the evidential rules for eyewitness identification in the United States – advice from the antipodes

Hemming, Andrew. 2020. "Reform of the evidential rules for eyewitness identification in the United States – advice from the antipodes." Houston Journal of International Law. 43 (1), pp. 1-74.

Reforming the Law of Rape in the United States: Some Advice from the Antipodes

Hemming, Andrew. 2020. "Reforming the Law of Rape in the United States: Some Advice from the Antipodes." Florida Journal of International Law. 32 (1), pp. 1-47.

Do Juries Understand the Criminal Standard of Proof of Beyond Reasonable Doubt?

Hemming, Andrew. 2021. "Do Juries Understand the Criminal Standard of Proof of Beyond Reasonable Doubt?" Journal of Judicial Administration. 30 (3), pp. 103-125.

Student ‘voice’ and higher education assessment: is it all about the money?

Hemming, Andrew and Power, Margaret. 2021. "Student ‘voice’ and higher education assessment: is it all about the money?" Journal of University Teaching and Learning Practice. 18 (1), pp. 1-16.

Abolition of diminished responsibility

Hemming, Andrew. 2008. "Abolition of diminished responsibility." Evers, Tania (ed.) 28th Annual Congress of the Australian and New Zealand Association of Psychiatry, Psychology and Law (NSW) (ANZAPPL 2008): Risks v Rights. Sydney, Australia 23 - 26 Oct 2008 Australia.

Civil Procedure

Zillmann, Hugh and Hemming, Andrew. 2020. Civil Procedure. Chatswood, Australia. LexisNexis Butterworths.

Is there any prospect of a model provision for similar fact/propensity evidence or the coincidence/tendency rules in Australia?

Hemming, Andrew. 2020. "Is there any prospect of a model provision for similar fact/propensity evidence or the coincidence/tendency rules in Australia?" Criminal Law Journal. 44, pp. 207-231.

Criminal procedure in Australia

Hemming, Andrew, Feld, Francine and Anthony, Thalia. 2019. Criminal procedure in Australia. Sydney, Australia. LexisNexis Butterworths.

In search of a model provision for rape in Australia

Hemming, Andrew. 2019. "In search of a model provision for rape in Australia." University of Tasmania Law Review. 38 (1), pp. 72-102.

Submission to Queensland Law Reform Commission on review of consent laws and the excuse of mistake of fact

Hemming, Andrew. 2020. Submission to Queensland Law Reform Commission on review of consent laws and the excuse of mistake of fact. Queensland Law Reform Commission.

Dangerous defendants - a rejoinder

Hemming, Andrew. 2019. "Dangerous defendants - a rejoinder." UMKC Law Review. 87 (4), pp. 827-850.

Response to consultation questions for review of the common law forfeiture rule

Hemming, Andrew. 2019. Response to consultation questions for review of the common law forfeiture rule. South Australian Law Reform Institute.

Prisons

Hemming, Andrew. 2019. "Prisons." Halsbury's laws of Australia. Sydney, Australia. Lexis Nexis.

Criminal code design and sentencing: a response to Joshua Kleinfeld's Theory of Criminal Victimization

Hemming, Andrew. 2018. "Criminal code design and sentencing: a response to Joshua Kleinfeld's Theory of Criminal Victimization." University of San Francisco Law Review. 52 (2), pp. 199-228.

Contract (GC I_II_V) - Update

Hemming, Andrew and Daniel, Michelle. 2018. "Contract (GC I_II_V) - Update." Guerrero, Tina (ed.) Halsbury's Laws of Australia. Sydney, Australia. LexisNexis Butterworths.

Halsbury's laws of Australia: criminal law GC VIII. Update of criminal law GC VIII

Hemming, Andrew. 2018. Halsbury's laws of Australia: criminal law GC VIII. Update of criminal law GC VIII. Sydney, Australia. LexisNexis Butterworths.

Criminal law updates. Update of criminal law GC V chapters 6 and 7, GC VI, and GC VII chapters 6 and 7.

Hemming, Andrew. 2018. "Criminal law updates. Update of criminal law GC V chapters 6 and 7, GC VI, and GC VII chapters 6 and 7." Guerrero, Tina (ed.) Halsbury's Laws of Australia. Sydney, Australia. LexisNexis Butterworths.

Evidence law in QLD, SA and WA

Hemming, Andrew and Layton, Robyn. Vyamajala, Lalitha (ed.) 2017. Evidence law in QLD, SA and WA. Sydney, Australia. Thomson Reuters.

Adoption of the uniform evidence legislation: so far and no further?

Hemming, Andrew. 2017. "Adoption of the uniform evidence legislation: so far and no further?" Roberts, Andrew and Gans, Jeremy (ed.) Critical perspectives on the uniform evidence law. Sydney, Australia. Federation Press. pp. 34-52

Halsbury's laws of Australia: property offences update [130-500] - [130-5825] (2017)

Hemming, Andrew. 2017. Halsbury's laws of Australia: property offences update [130-500] - [130-5825] (2017). Sydney, Australia. LexisNexis Butterworths.

Criminal law guidebook Queensland and Western Austalia

Hemming, Andrew. 2015. Criminal law guidebook Queensland and Western Austalia. Melbourne, Victoria, Australia. Oxford University Press.

Criminal procedure in Australia

Feld, Francine, Hemming, Andrew and Anthony, Thalia. 2015. Criminal procedure in Australia. Chatswood, Australia. LexisNexis Butterworths.

Civil procedure in Australia

Hemming, Andrew and Penovic, Tania. 2015. Civil procedure in Australia. Chatswood, Australia. LexisNexis Butterworths.

Halsbury's laws of Australia: criminal procedure update [130-13620]-[130-14135] (2016)

Hemming, Andrew. 2016. Halsbury's laws of Australia: criminal procedure update [130-13620]-[130-14135] (2016). Sydney, Australia. LexisNexis Butterworths.

Civil procedure: LexisNexis questions and answers

Zillmann, Hugh and Hemming, Andrew. 2016. Civil procedure: LexisNexis questions and answers. Sydney, Australia. LexisNexis Butterworths.

Criminal procedure: LexisNexis questions and answers

Hemming, Andrew and Braun, Kerstin. 2016. Criminal procedure: LexisNexis questions and answers. Sydney, Australia. LexisNexis Butterworths.

Submission to Northern Territory Law Reform Committee on the relationship between intoxication and criminal liability

Hemming, Andrew. 2013. Submission to Northern Territory Law Reform Committee on the relationship between intoxication and criminal liability. Darwin, Australia. Northern Territory Government.

Evidence law at a glance [Factsheet]

Hemming, Andrew. 2015. Evidence law at a glance [Factsheet]. Sydney, Australia. LexisNexis Butterworths.

Please mind the gap: an assessment of fatal 'one punch' provisions in Australia

Hemming, Andrew. 2015. "Please mind the gap: an assessment of fatal 'one punch' provisions in Australia." Criminal Law Journal. 39 (3), pp. 130-147.

Criminal law at a glance [Factsheet]

Hemming, Andrew. 2015. Criminal law at a glance [Factsheet]. Sydney, Australia. LexisNexis Butterworths.

Prisons

Hemming, Andrew. 2014. "Prisons." Halsbury's laws of Australia. Sydney, Australia. LexisNexis Butterworths.

Resolving the application of the Christie discretion in the uniform evidence legislation

Hemming, Andrew. 2014. "Resolving the application of the Christie discretion in the uniform evidence legislation." Federal Law Review. 42 (3), pp. 539-558.

Williams v Commonwealth

Hemming, Andrew. 2014. "Williams v Commonwealth." University of Queensland Law Journal. 33 (1), pp. 233-245.

The Patel trials: further evidence of the need to reform the Griffith Codes

Hemming, Andrew. 2014. "The Patel trials: further evidence of the need to reform the Griffith Codes." Criminal Law Journal. 38 (4), pp. 218-235.

When should a judge stop a trial?

Hemming, Andrew. 2013. "When should a judge stop a trial?" University of Notre Dame Australia Law Review. 15 (1), pp. 56-82.

Evidence: commentary and materials, 8th ed.

Hemming, Andrew, Kumar, Miiko and Peden, Elisabeth. 2013. Evidence: commentary and materials, 8th ed. Sydney, Australia. Thomson Reuters.

The constitutionality of minimum mandatory sentencing regimes: a rejoinder

Hemming, Andrew. 2013. "The constitutionality of minimum mandatory sentencing regimes: a rejoinder." Journal of Judicial Administration. 22 (4), pp. 224-234.

Why the Queensland, Western Australian and Tasmanian Criminal Codes are anachronisms

Hemming, Andrew. 2012. "Why the Queensland, Western Australian and Tasmanian Criminal Codes are anachronisms." University of Tasmania Law Review. 31 (2), pp. 1-31.

Why Bentham's vision of a comprehensive Criminal Code remains viable and desirable as the model design for a code

Hemming, Andrew. 2012. "Why Bentham's vision of a comprehensive Criminal Code remains viable and desirable as the model design for a code." University of Notre Dame Australia Law Review. 14, pp. 125-186.

Impermissibly importing the common law into Criminal Codes: Pollock v The Queen

Hemming, Andrew. 2011. "Impermissibly importing the common law into Criminal Codes: Pollock v The Queen." James Cook University Law Review.

Reasserting the place of objective tests in criminal responsibility: ending the supremacy of subjective tests

Hemming, Andrew. 2011. "Reasserting the place of objective tests in criminal responsibility: ending the supremacy of subjective tests." University of Notre Dame Australia Law Review. 13 (1), pp. 69-112.

In search of a model code provision for complicity and common purpose in Australia

Hemming, Andrew. 2011. "In search of a model code provision for complicity and common purpose in Australia." University of Tasmania Law Review. 30 (1), pp. 53-89.

Prediction of the risk of continuing violence to women through inadequate sentencing of male offenders from Aboriginal communities in the Northern Territory

Hemming, Andrew. 2011. "Prediction of the risk of continuing violence to women through inadequate sentencing of male offenders from Aboriginal communities in the Northern Territory." Northern Territory Law Journal. 1 (6), pp. 305-328.

Provocation: a totally flawed defence that has no place in Australian criminal law irrespective of sentencing regime

Hemming, Andrew. 2010. "Provocation: a totally flawed defence that has no place in Australian criminal law irrespective of sentencing regime." Western Sydney University Law Review.

Banishing evidence of intoxication in determining whether a defendant acted voluntarily and intentionally

Hemming, Andrew. 2010. "Banishing evidence of intoxication in determining whether a defendant acted voluntarily and intentionally." University of Tasmania Law Review. 29 (1), pp. 1-30.

The Criminal Code (Cth) comes to the Northern Territory: why did the original Criminal Code (NT) last only 20 years?

Hemming, Andrew. 2010. "The Criminal Code (Cth) comes to the Northern Territory: why did the original Criminal Code (NT) last only 20 years?" University of Western Australia Law Review. 35 (1), pp. 119-156.

When is a code a code?

Hemming, Andrew. 2010. "When is a code a code?" Deakin Law Review. 15 (1), pp. 65-97.

Northern Territory national emergency reponse revisited

Hemming, Andrew. 2010. "Northern Territory national emergency reponse revisited." Psychiatry Psychology and Law. 17 (3), pp. 438-463. https://doi.org/10.1080/13218711003702340

In search of a model code provision for murder in Australia

Hemming, Andrew. 2010. "In search of a model code provision for murder in Australia." Criminal Law Journal. 34 (2), pp. 81-91.

Online tests and exams: lower standards or improved learning?

Hemming, Andrew. 2010. "Online tests and exams: lower standards or improved learning?" The Law Teacher. 44 (3), pp. 283-308. https://doi.org/10.1080/03069400.2010.524031

White man speak with forked tongue

Hemming, Andrew. 2007. "White man speak with forked tongue." Adams, Michael, Barker, David and Poludniewski, Katherine (ed.) ALTA 2007: Law and Public Policy, Taming the Unruly Horse?. Perth, Australia 23 - 26 Sep 2007 Sydney, Australia.

Killing the goose and keeping the golden nest egg

Hemming, Andrew. 2008. "Killing the goose and keeping the golden nest egg." QUT Law Review. 8 (2), pp. 342-363.

It's time to abolish diminished responsibility, the coach and horses' defence through criminal responsibility for murder

Hemming, Andrew. 2008. "It's time to abolish diminished responsibility, the coach and horses' defence through criminal responsibility for murder." University of Notre Dame Australia Law Review. 10, pp. 1-35.

Roads and Traffic Authority of New South Wales v Dederer: 20/20 hindsight or an accident waiting to happen? A timely opportunity to revisit and reappraise Shirt

Hemming, Andrew. 2007. "Roads and Traffic Authority of New South Wales v Dederer: 20/20 hindsight or an accident waiting to happen? A timely opportunity to revisit and reappraise Shirt." James Cook University Law Review.