Articles
Category: Criminal Defence
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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Your rights when police come to your home
An unexpected visit from the police, asking questions or saying they have a search warrant to go through your house, is a very confronting event. If you find yourself in this position, it is important you are aware of the extent of police powers, and your rights in responding to them.
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A guide to applying for parole in Queensland
When a defendant is sentenced to a term of imprisonment, they will typically be released at some time during their jail sentence on parole. This article looks at the process of applying for parole and how the Parole Board determines that application.
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Car stealing and unlawful use or possession of motor vehicles
With the “youth crime” crisis being a hot topic of public debate at the moment, the offence of car stealing is never far from the media spotlight. Stories of victim’s cars being stolen - often accompanied by home security footage showing the offenders in the act - feature regularly on the nightly news bulletins.
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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.
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