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

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.
Read more
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.
Read more
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.
Read more
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.
Read more