Articles
Category: Criminal Defence
Sex offences and the publication of the defendant’s identity: important legislative changes in Queensland
As of 3 October 2023, persons accused of, and charged with sexual offences including rape, attempted rape, assault with intent to commit rape, and sexual assault, can have their identity published by the media.
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Changes to the Domestic and Family Violence Protection Act August 2023
On 1 August 2023, significant changes were made to domestic and family violence protection laws in Queensland in response to the Hear Her Voice recommendations. Amongst other changes, the amendments import “a pattern of behaviour” into the definition of domestic violence, to encompass behaviour that occurs over a period of time or via a series of acts.
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Your rights during a police interview in Queensland
A police interview is often the start of a criminal matter and can make or break a case. If you do participate in a police interview, regardless of whether it occurs in a formal or informal setting, it is important to know that it can later be used as evidence against you in Court.
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Australian Transport Safety Bureau (ATSB) interviews
If you’re involved directly or indirectly in a transport safety incident in Australia, you may be required by the Australian Transport Safety Bureau (ATSB) to be interviewed in relation to that incident. It’s important for people who are required to participant in an ATSB interview to understand their rights and obligations.
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Weapons licensing for armourers and theatrical ordnance suppliers Queensland
The findings of an inquest into the death of a stuntman whilst filming a music video in Queensland were the catalyst for a review and scrutiny of the role of armourers and theatrical ordnance suppliers by Weapons Licensing (QLD).
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Could your behaviour constitute unlawful stalking?
Did you know that intentionally directing your attention towards another person, where that person considers the attention to be unwelcome, destructive, or dangerous can amount to unlawful stalking?
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Disclosure in criminal proceedings
A fundamental part of the criminal justice system is the disclosure of evidence by the prosecution. When criminal proceedings are commenced, the accused has the right to be informed in detail, the nature and reason for a charge. This blog explains the disclosure process in criminal proceedings.
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Good behaviour bonds Queensland
A sentencing option available to Magistrates and Judges in appropriate cases, is what’s known as a ‘good behaviour bond’. A good behaviour bond allows the offender to remain in the community on the condition that they will be of good behaviour for the period of the good behaviour order.
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Defences to criminal charges
When charged with a criminal offence, it is the accused’s right to defend the charges in court. There are a number of defences available for criminal charges. This article briefly considers some of the more common defences which may be available in criminal matters in Queensland.
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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.
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A guide to Queensland’s criminal justice system
Whether you are involved as a victim, a witness, a juror, or a defendant in Queensland’s criminal justice system, it is important to understand the basics of the court system, as well as ‘who’s who in the zoo’; including prosecutors, magistrates, judges, juries and lawyers.
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Breach of domestic violence orders when encouraged by the aggrieved
At times, people who are subject to a domestic violence order may be invited or encouraged to visit aggrieved parties to the order, for example, an ex-partner. In this article, we pose the question “Is it a defence if the aggrieved invites me to breach a domestic violence order?”
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