Drugs man faces music

A NEW ZEALAND man voluntarily returned to Queensland to face drugs charges to ensure he could keep seeing his young children.

Jamie Henry Matoe, 39, pleaded guilty in the Southport District Court yesterday to seven counts of supplying dangerous drugs.

The court was told Matoe supplied cannabis and methyl amphetamine twice and attempted to supply the drugs in May and December last year.

One of the supply attempts was for 3.5g of the drug ice.

Judge Julie Dick said because Matoe had voluntarily returned to Australia to face the charges she would reduce the sentence. Matoe was sentenced to 12 months prison, suspended for two years.

Judge Dick encouraged Matoe to continue seeking mental health treatment. A LEGAL loophole is being used to avoid conviction for rape, say a legal academic and a former judge’s associate.

Bond University professor of law Jonathan Crowe and former judge’s associate Bri Lee are urging the State Government to overhaul rape legislation to remove Queensland’s “mistake of fact” defence.

The defence allows those charged with rape to argue they thought the complainant was consenting.

Professor Crowe said Queensland rape laws recognise that consent to sex cannot be inferred from a complainant’s social behaviour such as flirting, consensual kissing or visiting the defendant’s house, yet all these factors had been successfully cited in support of the mistake of fact defence.

“If the defendant was intoxicated, he can effectively argue, ‘Sorry, Your Honour, I was so drunk I thought she was consenting’ or, ‘She was so drunk I thought she was consenting’.

“These arguments have succeeded even where the complainant was so intoxicated she was comatose and legally incapable of consent.”

The pair delivered a report to Attorney-General Yvette D’Ath and Minister for Women Di Farmer last week.