Articles
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 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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How do you make an enterprise agreement?
Enterprise agreements are a popular tool for many employees, employers and unions, to set in place a legally binding set of employment standards, entitlements and protections. In this article, we look at the primary steps required to create an enterprise agreement.
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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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General protections claims involving dismissal/termination of employment
All employees have general protections under workplace laws in Australia. In this article, we look at the process for lodging a general protections claim if you have been dismissed due to adverse action.
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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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