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Author: Danielle Hanson

Potts Lawyers > Articles posted by Danielle Hanson

How Informant Evidence can Prevent Justice and Lead to Wrongful Convictions

Last week, on 26 July 2019, convicted murderer Faruk Orman, walked free after serving 12 years in prison. His conviction was overturned following shocking revelations that his barrister, Lawyer X (aka Nicola Gobbo) was providing information to police that led to his ultimate conviction. The Victorian Court of Appeal held that the information provided by Ms Gobbo led to a contamination of his case and found that the conviction was a “substantial miscarriage of justice”. This is the first conviction to be overturned by the Court of Appeal in Victoria since the start of the Royal Commission. Sadly, though, it is...

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THREE LAWS PARENTS IN QUEENSLAND SHOULD KNOW ABOUT (BUT PROBABLY DON’T)

Article by Danielle Warren, Criminal Lawyer   Kids across Queensland are well and truly back to school for the year.  In this article, we have outlined the laws surrounding the safety and protocol parents of children in Queensland should be aware of, particularly: leaving your children unattended; how kids are to travel in cars; and disciplining your child (particularly smacking). Leaving children unattended We suspect that most parents are unaware that to leave your child unattended and without supervision can be a criminal offence. It is a controversial topic that has received a lot of attention in the media and amongst parents across Queensland.  There was...

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Going for a night out? These are the laws you need to be aware of

Article by Danielle Warren, Criminal Lawyer   In 2014, the Queensland government passed laws about how you can behave at or near places where alcohol is being sold and supplied.  Police also have powers to respond quickly to anti-social behaviour around these areas.  The areas include licensed premises (such as bars and clubs), special areas known as ‘safe night precincts’ or events where alcohol is being sold or served.  The laws were introduced to minimise alcohol and drug-related violence, disturbances, and public disorder in certain areas. It would be wise to read this before you leave for a night out. What offences could I...

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Changes to the Mental Health Act and how this affects people charged with criminal offences in the Magistrates Court

There were changes to the Queensland laws surrounding mental health in March 2017 when the Mental Health Act 2016 commenced, replacing the Mental Health Act 2000. Changes to the way charges in the Magistrates Court are dealt with under the Mental Health Act Perhaps one of the biggest changes to new Mental Health Act is the express powers provided to the Magistrates Court to deal with people charged with simple offences (offences punishable in the Magistrates Court). Previously, the Magistrates Court had little power to make orders for matters where the defendant may have been of unsound mind at the time of an offence or...

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Are our Courts too lenient on Domestic Violence Offenders?

The presence of domestic violence in Australia has never been so topical and news-worthy. Victims of domestic violence, focus groups, the community, the government, and the courts have all made it very clear that domestic violence will not be tolerated in Australia. A recent sentence handed down by the Queensland Court of Appeal (the highest court in Queensland) has generated a large amount of public attention and questions have been raised as to whether our courts are being too lenient on perpetrators of domestic violence. In the matter of R v Kelley, Mr Kelley came before the court charged with Assault Occasioning...

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