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

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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