Articles
Category: Criminal Defence
Peace and good behaviour orders - what constitutes a threat?
In the 2021 District Court decision of Sinclair v Lynch [2021] QDC 190, the Court helpfully outlined what constitutes a threat for the purposes of making a peace and good behaviour order pursuant to the Act.
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Commonwealth offences sentencing
Commonwealth offences include drug importation, terrorism, Australian Tax Office and Medicare fraud and are sentenced differently to State-based offences.
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Common assault
Your guide to what constitutes assault, what the prosecution must prove to be found guilty, defences available and penalties if convicted.
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Are criminal charges against a person publicly available?
If you are charged with a criminal offence, what are the chances of those charges, including your name, being made publicly available (including to the media), regardless of the ultimate outcome?
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Drink driving defence – alcohol consumption was after driving
If you're charged with drink driving, the prosecution must prove that you drove a motor vehicle and that at the time of driving, you were under the influence of alcohol. Proving the offence can become much more difficult if you were breath-tested at a time when you were no longer driving.
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What is a committal hearing?
A committal hearing is a preliminary hearing held in the Magistrates Court to determine whether there is sufficient evidence for an accused person to stand trial in a higher court.
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Amended guidelines to assess weapons licensing in Queensland
Amendments to weapons licencing assessments have seen an apparent increase in the number of refusals to grant or renew a license. If you've had an adverse decision about your application, you have 28 days to appeal to QCAT.
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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”.
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What is double jeopardy?
A second prosecution can’t be brought after an acquittal and a person can’t be further punished after being convicted and sentenced. The legal principle that ensures this is commonly referred to as “double jeopardy”.
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Police powers to seize and deal with property
This article looks at what powers police have to seize property, when police have to return that property, and how the property might otherwise be forfeited if seized.
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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.
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New offences for failing to report and protect children from child sex offences
New offences for failing to report and protect children from child sex offences came into effect in Queensland on 5 July 2021; The offence of "Failure to Protect" and the offence of "Failure to Report".
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