Impact of Human Rights Act on Criminal Matters in QLD

Adam Moschella - Criminal Lawyer at Potts Lawyers is a member of the Queensland Law Society Human Rights and Public Law Committee. In this article, he draws attention to the potential impact on criminal law matters of the recent introduction of human rights laws in Queensland. Brief History of the Human Rights Act in Australia On 1 January 2020 the Human Rights Act 2019 came into force in Queensland. This makes our state one of only three jurisdictions in Australia to enact specific human rights legislation. The other jurisdiction being the Australian Capital Territory and Victoria. The main objects of the Act are...

16 January

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The law of double jeopardy in Queensland confirmed – Director of Public Prosecutions v TAL [2019] QCA 279

Posted by Adam Moschella

in Criminal Law & Offences, General Law News

An application pursuant to s678B of the Criminal Code 1899. Last month in a unanimous decision, the Queensland Court of Appeal dismissed an application brought by the Director of Public Prosecutions for an order pursuant to section 678B of the Criminal Code that a person be retried for a murder for which they were previously acquitted. This was the first occasion that a court in Queensland has heard such an application. Brief Background The respondent was charged with the deceased’s murder. The only issue at the respondent’s 1988 trial was the identity of the killer. The jury acquitted the respondent. The application arose as a...

25 June

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No Body, No Parole – Recent decision of Lincoln v Parole Board of Queensland [2019]

Posted by Adam Moschella

in Criminal Law & Offences

The recent decision of Lincoln v Parole Board of Queensland [2019] QSC 156 demonstrates the application section 193A of the Corrective Services Act 2002. This provision is more commonly referred to as the “No body, no parole law”. The decision demonstrates that the application of the law does not specifically go to knowledge of the whereabouts of the remains of the victim of an unlawful killing. Rather, it is broader and parole can be denied where a prisoner has not cooperated satisfactorily with the investigation of the offence as a whole which could potentially lead to the location of the deceased. When...

10 June

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Trafficking in dangerous drugs and the application of the “extraordinary circumstances” principle

Posted by Adam Moschella

in Criminal Law & Offences

R v Nunn [2019] QCA 100 – Trafficking in dangerous drugs and the application of the “extraordinary circumstances” principle In a decision by the Court of Appeal on 7 May 2019 and published on 28 May 2019, the Court again affirmed the “extraordinary circumstances” principle which is relevant when dealing with mature persons charged trafficking in Schedule 1 dangerous drugs. Traditionally, case law dictates that in circumstances where the trafficking is large scale, the sentences which are imposed on mature offenders who have plead guilty range from 10 – 12 years imprisonment. This recent decision indicates that the principle, is to be...

07 May

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Definition of Murder Changed in Queensland

Posted by Adam Moschella

in Criminal Law & Offences

On 1 May 2019 the State Government passed the Criminal Code and Other Legislation Amendment Bill 2019 which makes amendments to the definition of murder in Queensland. The legislation is the result of the Queensland Sentencing Advisory Council’s report into the sentencing statistics and issues surrounding child homicide cases in Queensland (Sentencing for Criminal Offences Arising from the Death of a Child: Final Report). The report found that offenders sentenced for adult manslaughter received jail sentences of 8.5 years on average, compared with 6.8 years for child manslaughter. The Bill, which amends the Criminal Code 1899, Evidence Act 1977 and the Penalties...

01 April

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Domestic Violence Proceedings – Costs on Appeal

Posted by Adam Moschella

in Domestic Violence

Article by Adam Moschella, Criminal Lawyer at Potts Lawyers Given the prevalence of applications for protection orders being filed and heard by the Magistrates Court parties can sometimes be put to unnecessary expense responding to said applications, especially where those applications are then appealed to the District Court. With most being justified applications by those genuinely requiring protection, some applicants seek orders with the intention of using the order against the responding party to, for example gain an unfair advantage against a party in family law proceedings. 1. Can costs be awarded in domestic violence proceedings? Traditionally, where applications for protection orders are heard...

08 January

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Unlawful striking causing death – “One punch can kill”

Posted by Adam Moschella

in Criminal Law & Offences

Article by Adam Moschella On 18 December 2018 the Queensland Court of Appeal handed down their decision in the matter of R v Renata; Ex parte Attorney-General for the State of Queensland [2018] QCA 356. Most would be aware of the facts of this case given the heavy media attention the matter has received. In the early hours of the morning on 3 January 2016, in Fortitude Valley’s Chinatown Mall, the respondent, Mr Renata struck the deceased, Cole Miller to the jaw once with a clenched fist while is back was turned (this type of act is more commonly described as a...

13 December

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