Articles

Self-defence as a defence for grievous bodily harm charges

Grievous bodily harm – provocation and self defence

A common criminal charge resulting from a physical altercation is grievous bodily harm. If you are the person who delivers the ‘final hit’, can you defend the charge?
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What constitutes a criminal charge of choking, suffocation or strangulation?

What does it mean to choke, strangle or suffocate someone; from a criminal law perspective

To choke, strangle and/or suffocate are not actually defined in legislation but you can still be found guilty and they are serious criminal offences.
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New laws for replica firearms in Queensland – February 2021

Replica firearms (gel blasters) & other restricted items

In February 2021, new laws came into effect in Queensland to address the purchase, possession, storage and use of replica firearms.
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Can I record a conversation in Queensland using some type of recording device?

Recording conversations in Queensland – is it legal?

It is not uncommon for people to want to record conversations in which they are involved. For example, someone may wish to have an accurate record of what was said, or for their own legal protection. This leads to a common question: is it illegal to record a conversation without consent?
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The offence of using a carriage service to menace, harass or offend.

Using a carriage service to menace, harass or cause offence

Under the Criminal Code in Queensland, a person commits an offence if they use a carriage service in a way that reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive. The “service” can include a fixed or mobile telephone service, an internet service, or an intranet service.
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Will my criminal prosecution be before a jury or a judge only?

Criminal trials before a jury or judge alone

There are numerous factors that weigh into the issue of whether a criminal prosecution will have a trial by jury or by judge alone. In Queensland, trials in the District and Supreme Courts are generally held in front of a jury and judge, while trials in the Magistrates Court are determined, by the presiding Magistrate alone.
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How to protest lawfully in Queensland

Protesting lawfully in Queensland: the law, the process and the risks involved

The right of peaceful assembly, commonly referred to protesting, is considered a key pillar of a democratic society. In Queensland, the right to assemble peacefully in a public place is recognised in the Peaceful Assembly Act.
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When does workplace bullying constitute corrupt conduct?

When does workplace bullying constitute corrupt conduct?

The Crime and Corruption Commission (CCC) has published a paper examining when workplace bullying reaches the legal threshold to constitute corrupt conduct under the Crime and Corruption Act 2001.
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Corporate Criminal Responsibility Review 2020

Corporate criminal responsibility under review

The long-awaited reform of Australia’s laws regarding the criminal responsibility of corporate entities (companies) is moving closer to completion. In Australia today the prosecution of companies is far less common than the prosecution of individuals, even in relation to what might be regarded as ‘white-collar’ or business-related offending.
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Sexual Boundaries in Doctor-Patient Relationship Guidelines

Sexual boundaries in the doctor-patient relationship

In December 2018, the Medical Board of Australia published revised Guidelines: Sexual Boundaries in the Doctor-Patient Relationship. The Guidelines aim to provide guidance to doctors about establishing and maintaining sexual boundaries in the doctor-patient relationship.
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How are police complaints handled in Queensland?

The Police disciplinary system

In 2019 the law in relation to how complaints against Queensland police officers are handled changed significantly. Gilshenan & Luton were heavily involved in those discussions on behalf of the Queensland Police Union.
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How does the Mental Health Court work in Queensland?

How does the Mental Health Court in Queensland work?

The Mental Health Court considers the state of mind of those who are alleged to have committed a criminal offence. It determines whether an alleged offender was of unsound mind at the time they are said to have committed an offence and whether they are now fit for trial.
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