Territory Stories

Social Policy Scrutiny Committee Inquiry into the Criminal Code Amendment (Intimate Images) Bill 2017 March 2018

Details:

Title

Social Policy Scrutiny Committee Inquiry into the Criminal Code Amendment (Intimate Images) Bill 2017 March 2018

Other title

Tabled paper 650

Collection

Tabled papers for 13th Assembly 2016 - 2020; Tabled papers; ParliamentNT

Date

2018-03-13

Description

Tabled by Ngaree Ah Kit

Notes

Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.

Language

English

Subject

Tabled papers

Publisher name

Legislative Assembly of the Northern Territory

Place of publication

Darwin

File type

application/pdf

Use

Copyright

Copyright owner

See publication

License

https://www.legislation.gov.au/Details/C2019C00042

Parent handle

https://hdl.handle.net/10070/294464

Citation address

https://hdl.handle.net/10070/396375

Page content

Examination of the Bill 21 3.24 Noting that the approach taken in the UK legislation is not one that has been adopted in equivalent legislation in any other Australian jurisdiction, the Department pointed out that it is of the view that: the element of lack of consent adequately addresses this point. It does so in two ways. First, the prosecution must prove that the defendant was reckless as to the lack of consent. If an intimate image of a person has previously been disclosed for reward, such as pictures of a lingerie model, it may be that recklessness as to lack of consent cannot be proven. Secondly, the defence of mistake of fact, under section 43AW of the Criminal Code is available. The defendant might be mistaken in certain circumstances as to consent.32 32 Department of the Attorney-General and Justice, Answers to Written Questions, 13 February 2018, https://parliament.nt.gov.au/committees/spsc/CCA#TP, p.5 https://parliament.nt.gov.au/committees/spsc/CCA#TP


Aboriginal and Torres Strait Islander people are advised that this website may contain the names, voices and images of people who have died, as well as other culturally sensitive content. Please be aware that some collection items may use outdated phrases or words which reflect the attitude of the creator at the time, and are now considered offensive.

We use temporary cookies on this site to provide functionality.
By continuing to use this site without changing your settings, you consent to our use of cookies.