Articles

Category: Criminal Defence


What is publicly available in criminal proceedings?

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 when breath test was hours after driving

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?

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

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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Offences related to accessory or party to a crime

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 in criminal law?

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

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

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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Two new laws related to child sex offences: Failure to Protect and Failure to Report

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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When can multiple criminal charges be tried at the same time?

When can multiple criminal charges be tried together?

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.
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Alternatives options Police have to laying criminal charges

Alternative options to criminal charges

Charging a person criminally can have far-reaching consequences , not only for the charged person, but also for his or her family, the community, and the criminal justice system. So, what other options are there to laying criminal charges?
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Privilege against self-incrimination and the right to remain silent

Privilege against self-incrimination

The law provides a privilege (immunity) against providing information or documents which may be self-incriminating. This, alongside the right to remain silent, ensures that an accused person cannot be compelled to give evidence leading to his or her own conviction.
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