Articles

Category: Criminal Defence


Self-defence as a defence for grievous bodily harm charges

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 constitutes a criminal charge of choking, suffocation or strangulation?

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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New laws for replica firearms in Queensland – February 2021

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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Can I record a conversation in Queensland using some type of recording device?

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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The offence of using a carriage service to menace, harass or offend.

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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Will my criminal prosecution be before a jury or a judge only?

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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How to protest lawfully in Queensland

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 work in Queensland?

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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Charged with public nuisance in Queensland

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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Search warrants to access mobile phone PIN’s and contents

Search warrants, phone PIN codes and legal professional privilege

The District Court of Queensland has delivered a decision in relation to search warrants and a person’s ability to refuse PIN code access to a phone where the phone’s contents include communications between a person and his/her lawyer.
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Legal requirements for a search warrant to be valid - Annika Smethurst v Commissioner of Police

Search warrants - what went wrong in ABC journalist Annika Smethurst's case?

Search warrants are a vital tool for police and law enforcement officers in the investigation of crimes. Given they often involve an invasion of the privacy of a person’s home, the law recognizes that such powers need to be exercised in strict accordance with legal requirements.
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Can I get my case or charges dismissed due to mental health issues?

Getting a case dismissed due to mental health (in the Queensland Magistrates Court)

Managing mental health issues is a difficult and complex task. If you, or a loved one, has a mental illness and are charged with a criminal offence, it is important to obtain legal advice from an experienced criminal lawyer, as there are means of having charges dismissed under the Mental Health Act.
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