Part 4 — Orders in addition to sentence; Div 4 — Alcohol exclusion orders

Question 1

89DC — Definitions

Answer 1

Others but most notably -
intoxicated, in relation to a person, means the person’s speech, balance, co-ordination or behaviour is noticeably affected as a result of the consumption of liquor

Relevant offence means any of the following offences [append]—
● (a) Murder / (b) Manslaughter / (ba) homicide by firearm
● (c) Offences against any of the following provisions of the Crimes Act:
○ (i) causing serious injury intentionally in circumstances of gross violence -15A
○ (ii) Causing serious injury recklessly in circumstances of gross violence) - 15B
○ (iii) Causing serious injury intentionally - 16
○ (iv) Causing serious injury recklessly - 17
○ (v) Causing injury intentionally or recklessly - 18
○ (vi) Offence to administer certain substances - 19
○ (vii) Threats to kill - 20
○ (viii) Conduct endangering life -22
○ Go to section if need - there’s a lot - vibe is sex and serious violence. Includes some child abuse material-related charges.

Question 2

89DD — Alcohol exclusion order

Answer 2

● (1) If a person’s been charged with a relevant offence, the DPP or a police officer may apply for an alcohol exclusion order
● (2) An application for an alcohol exclusion order must filed and served on accused:
○ (a) In summary MC hearing, before first mention hearing or later with leave
○ (b) In case of committal proceeding, before the committal mention hearing or later with the leave of the Court
○ (c) In any other case, before first directions hearing or later with leave of court
● (3) Can be withdrawn by DPP or PO at any time before application determined
● (4) Court can make AEO on own motion if satisfied relevant circumstances exist
● (5) SC can direct that any app for variation is to be made to the MC for determination

Question 3

89DE — When an alcohol exclusion order can be made

Answer 3

When made
● (1) A court must make an alcohol exclusion order in respect of an offender if
○ (a) Records conviction for a relevant offence; and
○ (b) Court is satisfied on BOP that
■ (i) offender was Intoxicated at time of the relevant offence; and
■ (ii) That significantly contributed to commission of the relevant offence
○ (c) Offender is not and has not been subject of AEO re same offence
○ (2) Court not required to call further evidence for purpose of this application
○ (3) Duration is 2 years (fixed)

(4) AEO prohibits offender from
● (a) entering or remaining in any licensed premises characterised as a nightclub, bar, restaurant, cafe, reception centre or function centre;
● (b) entering or remaining in the location of any major event;
● (c) entering or remaining in a bar area of any licensed premises to which paragraph (a) or (b) does not apply;
● and (d) consuming or attempting to consume any liquor in any licensed premises to which paragraph (a) or (b) does not apply

(5) Can be subject to exemptions if (a) Court considers that there’s a good reason why person should be allowed to enter or remain at place; and (b) Court considers that it’s appropriate in all the circumstances
(6) AEO Takes effect (a) If not serving custodial sentence, at the time the order is made
(b) Or on release from prison
(7) What order must state
● (a) Offender’s name (b) Grounds on which the order is made (c) Conduct prohibited by order (d) Any exemptions (e) When it takes effect (f) Duration
(8) *can’t make an order under liquor control act as well or also attach an alcohol exclusion condition to a CCO.