Deprivation of Liberty
Lawyer Cairns
Deprivation of liberty is a criminal charge that arises when a person is alleged to have unlawfully confined or detained another person without their consent. It is charged under section 355 of the Criminal Code Act 1899 (Qld) and carries a maximum penalty of 3 years' imprisonment. These charges frequently arise in the context of domestic violence incidents, relationship breakdowns, and disputes where one person is alleged to have prevented another from leaving a premises. The charge is often accompanied by assault, threats, or domestic violence charges. Despite the relatively short maximum…
The Offences — Criminal Code (Qld)
Queensland law distinguishes between two related offences: Deprivation of liberty — Section 355 Any person who unlawfully confines or detains another in any place against the other person's will , or otherwise unlawfully deprives another of the other person's personal liberty Maximum penalty: 3 years' imprisonment Classification: misdemeanour Dealt with in the Magistrates Court (summarily) unless…
Common Scenarios in Cairns
Domestic violence context The most common scenario. During a domestic argument, one person is alleged to have prevented the other from leaving the house — standing in front of the door, taking their car keys, hiding their phone, or physically restraining them. These allegations frequently accompany domestic violence charges, assault charges, and applications for domestic violence orders . The…
Defences and Charge Negotiations
Consent The prosecution must prove the confinement was against the other person's will . If the complainant was not actually confined — if they were free to leave and chose not to — the charge fails. This is a genuine issue in many DV-related matters where the complainant's account of confinement may not be supported by the surrounding circumstances (neighbours who saw nothing, no calls for help,…
Deprivation of Liberty and Domestic Violence
Deprivation of liberty in a domestic violence context carries additional consequences beyond the criminal penalty: Domestic violence aggravation. Where the offence is committed against a person in a domestic relationship, the charge is a domestic violence offence under the Domestic and Family Violence Protection Act 2012 . A domestic violence notation is recorded alongside the conviction. DVO…
What Changes the Sentencing Outcome
The duration of the confinement. A brief, impulsive confinement during an argument is treated differently from a sustained detention lasting hours. The longer the confinement, the more serious the sentencing treatment. The degree of force or fear. Confinement involving threats, weapons, or physical violence sits at the serious end. Confinement involving a blocked doorway during an argument sits at…
Related Charges
Deprivation of liberty is frequently charged alongside: Assault — common assault, assault occasioning bodily harm, or serious assault. The violence used to confine the person is often charged as a separate assault. Domestic violence offences — contravention of a DVO, strangulation, choking. DV-related deprivation of liberty almost always involves additional DV charges. Strangulation/choking —…