Articles

Author: Glen Cranny


Case reviews on costs decisions in criminal law summary matters

Recent costs decisions in criminal law summary matters

A defendant who successfully defends charges in the Magistrates Court is not automatically entitled to costs but they can usually apply for the reimbursement of some of their legal costs. Two recent District Court appeal cases in Queensland have provided useful guidance on the recovery of costs in such matters.
Read more
Murder charges in Queensland

Murder charges in Queensland

In this article, we look at the definition of murder, defences available if charged with murder and the penalties if you plead guilty or are convicted. We also look at the difference between murder and manslaughter under Queensland criminal law.
Read more
The impact of mental health on criminal sentencing

Mental health and criminal sentencing

During criminal sentencing, the mental health of the offender at the time of the offence and at the time of sentencing will be considered by the court.
Read more
Reviewing Blue Card Decisions

Reviewing blue card decisions

In Queensland, if Blue Card Services refuse to grant someone a positive notice, they can seek to overturn that decision by lodging a review of the decision in the Queensland Civil and Administrative Tribunal.
Read more
University investigations and student disciplinary proceedings

University investigations and disciplinary proceedings against students

Australian universities and other educational institutions have powers to investigate allegations of ‘general’ and ‘academic’ misconduct by students.
Read more
Offences related to accessory or party to a crime

Being an accessory to (“aiding and abetting”) a crime

It is possible that someone can be convicted of an offence even though not performing any of the acts or omissions which constitute the offence. Such people are known as a “party” to the offence, sometimes also called an “accomplice” or an “accessory”.
Read more
The role of guardians and attorneys in criminal law proceedings

The role of guardians and attorneys in criminal law proceedings

Important changes to the law surrounding guardians and attorneys were introduced in November 2020 which now expressly provides that a guardian or an attorney cannot enter a plea in a criminal proceeding on behalf of another individual.
Read more
When can multiple criminal charges be tried at the same time?

When can multiple criminal charges be tried together?

A look at when multiple criminal charges can be tried at the same time and also a case where multiple charges were joined on the same indictment, however, the court found this should not have occurred.
Read more
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?
Read more
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.
Read more
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.
Read more
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.
Read more