Articles
Category: Criminal Defence
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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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
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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Grievous bodily harm – provocation and self defence
A common criminal charge resulting from a physical altercation is grievous bodily harm. If you are the person who delivers the ‘final hit’, can you defend the charge?
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What does it mean to choke, strangle or suffocate someone; from a criminal law perspective
To choke, strangle and/or suffocate are not actually defined in legislation but you can still be found guilty and they are serious criminal offences.
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Replica firearms (gel blasters) & other restricted items
In February 2021, new laws came into effect in Queensland to address the purchase, possession, storage and use of replica firearms.
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Recording conversations in Queensland – is it legal?
It is not uncommon for people to want to record conversations in which they are involved. For example, someone may wish to have an accurate record of what was said, or for their own legal protection. This leads to a common question: is it illegal to record a conversation without consent?
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Using a carriage service to menace, harass or cause offence
Under the Criminal Code in Queensland, a person commits an offence if they use a carriage service in a way that reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive. The “service” can include a fixed or mobile telephone service, an internet service, or an intranet service.
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Criminal trials before a jury or judge alone
There are numerous factors that weigh into the issue of whether a criminal prosecution will have a trial by jury or by judge alone. In Queensland, trials in the District and Supreme Courts are generally held in front of a jury and judge, while trials in the Magistrates Court are determined, by the presiding Magistrate alone.
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Protesting lawfully in Queensland: the law, the process and the risks involved
The right of peaceful assembly, commonly referred to protesting, is considered a key pillar of a democratic society. In Queensland, the right to assemble peacefully in a public place is recognised in the Peaceful Assembly Act.
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How does the Mental Health Court in Queensland work?
The Mental Health Court considers the state of mind of those who are alleged to have committed a criminal offence. It determines whether an alleged offender was of unsound mind at the time they are said to have committed an offence and whether they are now fit for trial.
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The offence of ‘public nuisance’ – just how much of a nuisance do you have to be?
The Summary Offences Act provides that a person commits the offence of ‘public nuisance’ if they behave in a disorderly, offensive, threatening or violent way and their behaviour interferes (or is likely to interfere), with the peaceful passage through, or enjoyment of, a public place.
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