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”.
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.
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.
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?
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.
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.
Search warrants are a vital tool for police and law enforcement officers in the investigation of crimes. Given they often involve an invasion of the privacy of a person’s home, the law recognizes that such powers need to be exercised in strict accordance with legal requirements.
Legal professional privilege describes the protection from disclosure extended to communications (written or oral) made in the course of obtaining legal advice or for contemplated or actual legal proceedings.
Child pornography is referred to in the law as “child exploitation material”. Although a substantial amount of child pornography offences involve a real child, charges can also be laid where no real child is involved.