Criminal Defence

Gilshenan & Luton defend criminal charges across the entire range of offences – from straightforward matters such as minor assaults and drug possession cases, through to the most complex cases of homicide, financial crime, and large scale drug matters.

Articles - Criminal Defence

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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