Page 4844 - Week 15 - Thursday, 8 December 1994
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The Government took the view that the intent requirement should be there; that a person who has perhaps consumed half a bottle of wine at a BYO restaurant and is wandering through Garema Place with the opened bottle in their hand should not be immediately subject to the law and have to prove that they were not intending to drink it and were just on their way home. However, should the Assembly support the Government's view and should this law, in its form as an offence with intent, prove to be unworkable and we have problems, the Government may well revise it. We showed our ability to do that with the fighting in a public place provisions, where there had been problems proving assault, and we were prepared to have the more general offence of fighting in a public place. It effectively does not require an intent, because it is just the act of fighting rather than the intent itself. At this stage, on balance, we believe that we should stick to the basic principle that a criminal sanction should attach to an action and an intent rather than to an action alone.
MR MOORE (5.07): My decision, too, is made on balance, and the balance has gone with the Government.
Amendments negatived.
Bill, as a whole, as amended, agreed to.
Bill, as amended, agreed to.
POSTPONEMENT OF ORDER OF THE DAY
Motion (by Mr Berry) agreed to:
That order of the day No. 4, Executive business, relating to the Periodic Detention Bill 1994, be postponed until the next day of sitting.
DAY AND HOUR OF NEXT MEETING
Motion (by Ms Follett) agreed to:
That the Assembly, at its rising, adjourn until a day and hour to be fixed by the Speaker either:
(1) at the request of the Chief Minister; or
(2) on receipt of a request in writing from an absolute majority of Members
and that the date and time of the meeting shall be notified by the Speaker to each Member in writing.
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