Articles
Category: Criminal Defence
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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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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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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Bail in Queensland – applications, granting and refusals
Bail is an undertaking to come to court when your criminal case is mentioned and sometimes, to comply with other conditions imposed by the court. In Queensland, a person charged with an offence may be released on bail under the provisions of the Bail Act. Learn more.
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Character witnesses – providing character evidence at trial
When a person charged with a criminal offence seeks to rely upon character evidence, it usually falls into one of two categories. In this article, we look at the form of evidence that someone charged with an offence may rely upon at trial in the defence of the allegations.
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Legal Professional Privilege
Legal professional privilege describes the protection from disclosure extended to communications (written or oral) made in the course of obtaining legal advice or for contemplated or actual legal proceedings.
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The trial and acquittal of Cardinal George Pell
After two trials, an appeal, and more than 400 days in prison, Australia’s highest-ranking Catholic clergyman, Cardinal George Pell, was acquitted of his alleged crimes by the High Court of Australia. This article will look at the factors that led to this final decision in Australia’s highest court.
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COVID-19 and the impact on criminal court sentencing
Procedures and decisions related to sentencing hearings, particularly where defendants are likely to receive a custodial sentence, have seen significant change in light of coronavirus.
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COVID-19 and the impact on bail applications
Applications for bail are usually required where the police have objected to a defendant being granted bail. The current COVID-19 pandemic has seen a change in the way Queensland courts (and indeed courts across the nation and internationally) are addressing bail applications.
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COVID-19 and the operation of the criminal law courts in Queensland
The work of courts in Queensland has changed rapidly to adapt to the need to reduce physical contact and contain the spread of COVID-19. Physical attendance is being minimised through re-organising the court calendar and using technology to conduct court hearings remotely.
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COVID-19 and Home Confinement Direction Queensland
On 29 March 2020, the chief health officer issued the ‘home confinement direction’ – the most restrictive direction so far. So what does it involve?
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What is fraud?
Fraud is the criminal offence of intentionally deceiving someone in order to gain an advantage or benefit (or to cause someone else a disadvantage or loss).
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