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Schoolies and the consequences of excess behaviour

By Andrew Moloney - posted Monday, 23 November 2009


With schoolies now underway the last thing that many revellers would be thinking about would be the long term consequences of any excessive behaviour.

The schoolies crowd is focused on celebrating and having a good time but the fear is that some of them do not appreciate the future effect of the consequences of their actions if they are drunk or doing drugs.

The police and the Court are not lenient on these offences and a moment of silliness could cause long term grief. In particular the Court’s attitude to drunken public violence is hardening.

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Schoolies need to realise that if they do something stupid and are arrested, tried and convicted it could hinder their career and travel prospects for the rest of their lives.

Many people do not appreciate that a drug conviction can seriously affect your ability to travel. Those with a drug conviction can been refused entry to many countries and in particular America.

Certain jobs will be closed to people who have been in trouble with the law even where a conviction is not recorded. Many occupations these days require licences or practising certificates to undertake them. They are generally governed by legislation and have rules about how one’s character is assessed.

Over time the definition of conviction has been broadened in most circumstances to include any finding of guilt; that is to say even when you have been given the benefit of no conviction being recorded certain professions and occupations that are governed by legislation are able to find out a person’s “criminal history” even where convictions have not been recorded or good behaviour bonds given.

In other words you may not be able to hide your mistake. Examples include the legal profession, accountancy, psychologists, the police service, and even general hospitality jobs at places like casinos.

A criminal conviction for something such as a drugs offence could see them refused entry to several overseas countries. Overseas countries are hardening rules about the character of the people they allow to cross their borders.

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It is important that people do not lose sight of the reality that out of control behaviour could ruin their lives even when they are a young person. Schoolies is seen as the celebration of the end of a section of a person’s life and it would be a pity to ruin your prospects for the next part of your life before it has even begun.

Parents buying alcohol for their schoolies children are not doing their children any favours and could be considered to be breaking the law.

The Liquor Act provides heavy penalties for individuals who sell alcohol to minors (up to $8,000), as well as for licensed premises where alcohol is knowingly sold to minors (up to $25,000).

An adult must not supply liquor to a minor in a private place, unless the adult is a responsible adult for the minor. Further that supply of the alcohol can only be done if it is consistent with responsible supervision of the minor (Section 156A of the Liquor Act Queensland). The Act takes into account a number of factors in deciding what is responsible supervision, but it would be reasonably clear with any adult who gives alcohol to a minor, knowing it is going to be consumed in schoolies week where there is no supervision whatsoever, leaves themselves open to committing an offence under the Act and liable to a fine of up to $8,000.

Issues taken into account as to whether it is responsible supervision of a minor include:

  • whether the adult is unduly intoxicated;
  • whether the minor is unduly intoxicated;
  • the age of the minor;
  • whether the minor is consuming the liquor supplied with food;
  • whether the adult is responsibly supervising the minor’s consumption of the liquor supplied; and
  • the quantity of liquor supplied and the period over which it is supplied.

Giving a carton of beer or a bottle spirits to your 17-year-old son or daughter to be consumed with other minors in their rented schoolies’ accommodation with no adult supervision is unlikely to be considered responsible.

If parents think they are regulating the quantity of alcohol available to their child by supplying them with the alcohol they are sadly mistaken.

Drinking increases the risk of behaviour that could be harmful including, losing inhibitions that could lead to violence, sexual activity or drug taking.

The excessive consumption of alcohol is generally not seen as a mitigating factor in assessing penalty by the Court. In many circumstances it can be seen as an aggravating feature. To go before a Court and say “I am sorry I was drunk” doesn’t carry any weight with the Court. The Court may well accept that it was out of character but you are responsible for your actions intoxicated or not. After all it was your decision to drink.

There has been recent media comment about “legal drugs”. Whether they are legal or illegal is not the point. There is no quality control. You do not know what is in the pills or powder, what dosage is in it, or even whether you are being given what you have asked for. You certainly can never know for sure how your body will react.

I have acted for many young people who simply did not realise the seriousness of their conduct, until it was too late. They all thought it was “a bit of fun”. Court rooms and criminal convictions are no fun at all.

By all means have fun but one must always consider the consequences of ones actions.

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About the Author

Andrew Moloney is Managing Partner of the Gold Coast office of state wide criminal defence law firm Ryan and Bosscher Lawyers.

Creative Commons LicenseThis work is licensed under a Creative Commons License.

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