Aussie Lawbreaking: Consequences And Punishments

Breaking the law in Australia can result in various consequences, including arrest, detention, fines, community service, and probation. The legal system in Australia aims to keep young people out of the criminal justice system as much as possible, with special considerations for those under 18. The specific penalties depend on the severity of the offence, the age of the offender, and whether they admit guilt. Ignorance of the law is generally not accepted as an excuse, and the law applies equally to individuals, organisations, and the government.

Ignorance of the law is not an excuse

In Australia, the principle of "ignorance of the law is not an excuse" means that a person can be held legally accountable even if they are unaware of the law they are breaking. This principle is based on the idea that individuals should be responsible for informing themselves about the laws that govern their society. While it may seem unfair that a person could be convicted of an offence they didn't know existed, the law makes it clear that a person is guilty even if their mistake about the law is genuine and understandable. This principle applies to everyone, including individuals, organisations, and the Commonwealth Government.

The case of Jeffrey Palmer, a Western Australian fisherman, illustrates this point. Mr Palmer wanted to fish in a particular location for rock lobsters but was unsure if it was allowed. He sought clarification from a State Government department, which provided materials that led him to believe he could fish in that location. However, when he began fishing, he was charged with an offence that carried a penalty of $5,000, plus an additional fine of ten times the value of any fish caught. Despite the apparent unfairness of the situation, the High Court ruled that Mr Palmer's mistake was no excuse under the law. The Court's decision was based primarily on public policy considerations, including the perceived danger of allowing people to avoid liability based on information provided by individuals, even if those individuals are government employees.

It is important to distinguish between a mistake of fact and a mistake of law when considering a defence in a legal case. A mistake of fact can constitute a defence for some offences, meaning that a person will not be found guilty as long as their mistake was honest and reasonable under the circumstances. On the other hand, a mistake of law is not a valid defence, and individuals can be held criminally responsible even if they are mistaken about the existence or content of a law.

There are rare exceptions to the principle of "ignorance of the law is not an excuse". For example, in the gambling game two-up, ignorance can be a valid defence, as the legislation states that a participant will not be guilty unless it can be proved that they knew or should have known that the game was illegal. Another exception relates to property offences; if a person honestly believes they have a right to property and has no dishonest intention, they cannot be found guilty of larceny (stealing).

Young offenders face a special justice system

Young offenders in Australia face a separate justice system from adults. This applies to young people under 18 who are suspected of committing crimes. In some states, the minimum age for this is 10.

The type of punishment depends on the young offender's age, the seriousness of the offence, whether they admit guilt, and their previous record. Young offenders may be given a warning by the police and told not to reoffend. If the offence is more serious, the police may give a formal caution and require the young person to make an undertaking, such as paying compensation to the victim, carrying out community service, or apologising to the victim. If the young person breaks the undertaking, a Family Group Conference may be held, involving the offender, their parents or guardians, close relatives, the victim and their family, and a police officer. The conference can require the young person to pay compensation, carry out community service, or apologise to the victim. If the offender does not attend or comply with the conference, they may be charged and taken to the Youth Court, where a judge or magistrate will decide the penalty.

In Queensland, the government has passed controversial youth crime laws as part of the Strengthening Community Safety Bill 2023. These laws include a range of new offences for young people that previously only applied to adults, such as breaching bail. They also allow for electronic monitoring of young people as young as 15 and provide additional funding to assist victims of crime. These laws have been criticised by human rights advocates, who argue that they will result in more children being incarcerated and that they violate the human rights of young offenders. However, they have been defended by the Queensland government and police minister as necessary to ensure accountability and deterrence for serious repeat youth offenders.

Legal consequences are decided by courts

In Australia, if a law is broken, legal consequences will follow. The severity of these consequences is decided by the courts, which are responsible for making judgments on the law and determining the penalties. The type of court that hears the case depends on the age of the offender and the seriousness of the crime.

For children and young people under the age of 18 who commit a crime, there is a special criminal justice system in place. The Youth Court handles cases for offenders between the ages of 10 and 17. Those under 10 cannot be charged with or convicted of an offence as they are not considered criminally responsible under the law. Instead, the Department for Child Protection can take them into their care if their parents cannot control or look after them.

If the young offender is over 10 but under 18, the Youth Court may decide on one of several courses of action. These include a dismissal and/or caution, where the case is dismissed or the young person is warned against further offending; a good behaviour bond, where the offender promises not to commit any crimes for up to two years; a fine; a referral to a youth justice conference; probation; a community service order; or, in more serious cases, a period of detention in a youth detention centre.

For adult offenders, the type of court that hears the case depends on the seriousness of the crime. Less serious offences are typically heard in the Magistrates Court, while more severe crimes may be escalated to the County or Supreme Court. The penalties for adults can vary depending on the nature of the crime and other factors, but they generally aim to be proportional to the offence and may include fines, community service, or imprisonment.

Australians committing crimes abroad are subject to local laws and penalties

Australians who commit crimes while abroad are subject to the laws and penalties of the country they are visiting. This is the case even if these laws differ from those in Australia, or seem harsh by Australian standards. It is the responsibility of Australians to research the local laws of their destination and obey them. Ignorance of the law is not an excuse for breaking it, and local police are unlikely to accept this as a reason for committing a crime. Local laws may reflect the local religion and customs, and it is important to learn about and respect these in order to stay within the law.

Some Australian laws also apply to Australians when they are overseas, such as those relating to the bribery of foreign public officials. Additionally, Australians could be prosecuted under Australian law if they engage in hostile activity overseas, or travel with the intention of doing so. Australian authorities could also arrest Australians when they return home for crimes committed overseas.

If an Australian breaks the law while abroad, they could be arrested and jailed, and would have to work with the local legal and prison systems. The Australian government is limited in how and when they can help Australians who break the law overseas. They cannot get Australians out of trouble or jail, nor can they pay legal bills or fines.

Free legal advice is available for young unemployed people

In Australia, the law applies to everyone, including individuals, organisations, and the Commonwealth Government. If a law is broken, legal consequences will follow, and the courts will be responsible for deciding on the penalties.

For children and young people who break the law in Australia, the consequences depend on several factors, including age, the seriousness of the offence, whether guilt is admitted, and any previous criminal history. For example, children under 10 cannot be charged with or convicted of an offence as they are not deemed criminally responsible. However, they can be taken into the care of the Department for Child Protection if their parents cannot control or look after them.

For those between 10 and 18, there is a special criminal justice system, but it is not automatic that they will go to Youth Court. They may receive an informal or formal caution from the police, requiring them to make amends, perform community service, or pay compensation. If the young offender breaks the undertaking, a Family Group Conference may be held, involving parents, guardians, victims, and other relevant parties. This conference can impose requirements such as community service, compensation, or an apology to the victim.

Another organisation, Youth Law Australia (YLA), provides free employment law advice for young people in NSW, the ACT, and the NT. They can be reached by phone or through their website. It's important to note that legal advice and support are also available for adults assisting young people, such as parents, siblings, and youth workers. These services can help young unemployed individuals understand their rights, navigate legal issues, and access the support they need.

Frequently asked questions