Articles
Category: Criminal Defence
Common interest privilege in Australia
Common interest privilege (CIP) is an extension of legal professional privilege (LPP) and applies to the sharing of privileged information between parties with a mutual interest in the outcome of litigation or legal matters.
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The ‘no body, no parole’ scheme in Queensland – clarifying the meaning of ‘remains’
Under Queensland’s ‘no body, no parole’ scheme, prisoners sentenced for various offences, including homicide, will be denied parole if the body or remains of their victim cannot be located, unless the prisoner provides satisfactory cooperation to locate the body.
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Mandatory sentencing in Queensland
When sentencing an offender for a criminal offence in Queensland, judges and magistrates usually have a level of discretion as to the sentence they impose. But that’s not always the case. A mandatory sentence is one that the judge or magistrate must impose upon someone who has committed a certain offence.
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Trafficking dangerous drugs in Queensland
Trafficking in dangerous drugs is one of the most serious criminal offences in Queensland. Under the Drugs Misuse Act 1986, any person who carries on a business of unlawfully trafficking in a dangerous drug is guilty of a crime.
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Regulatory offences in Queensland
In Queensland, there are two types of offences: criminal offences and regulatory offences. Criminal offences are by far the most common, but in this article, we explore the lesser-known topic of regulatory offences.
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Possessing child exploitation material – charges and penalties
In Australia, there are a wide variety of criminal offences relating to unlawfully dealing with child pornography, also known as child exploitation material. These include the offences of unlawful possession, access, distribution and making of CEM; the most common offence being that of possession.
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Police interviews involving children
When police wish to interview a child in relation to a suspected offence, special rules apply. Parents and those with the care of a child who the police want to question should seek urgent legal advice from the outset, before any interview takes place.
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NDIS fraud – investigations and penalties
The NDIS Commission uses a range of compliance and enforcement tools to prevent and address breaches of the National Disability Insurance Scheme Act 2013, including NDIS fraud and other non-compliance activities.
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Weapons licensing show cause requests
When further information is required to adequately determine a weapon’s licence application, it is ordinarily sought in the form of a show cause notice which is emailed to the applicant and identifies the further information requested by the authorised officer.
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Assault occasioning bodily harm explained
Assault occasioning bodily harm is a very common offence of violence, and falls within the broad category of assault offences. It is a more serious offence than common assault, but less serious than grievous bodily harm.
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Australia’s reformed foreign bribery laws to commence September 2024
On 29 February 2024, in line with Australia’s commitment as a member of the OECD Convention on Combatting Bribery of Foreign Public Officials in International Business Transitions, the Crimes Legislation Amendment (Combatting Foreign Bribery) Bill 2024 passed both houses of Parliament. The changes will commence in September 2024.
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Unlicensed driving in Queensland
To drive a motor vehicle on a road in Queensland, a driver must hold a valid licence. If a driver is intercepted by police and does not hold a valid driver licence, they could be charged with an offence of driving unlicensed.
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