24 August

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What to know about committal hearings

What is a committal hearing? A committal hearing is part of the committal stage for indictable matters and it occurs in the Magistrates Court. Indictable matters are matters that can not be finalised in the Magistrates Court and must proceed to a higher court. They can include a significant number of charges, including rape, indecent treatment of children, grooming and grievous bodily harm. A committal hearing is used to conduct an examination of witnesses with respect to an indictable offence to determine whether a “prima facie” case exists. It involves an analysis of whether there is sufficient evidence to commit the defendant for...

10 August

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The Defence of Provocation

Posted by Jack Bendall

in Criminal Law & Offences

The Queensland Law Reform Commission (QLRC) is currently examining a number of defences available under our criminal law. One of these is the defence of provocation and whether this defence should be amended or removed entirely. The QLRC’s review is still in the early stages, with its final report and recommendations expected to be provided in December 2025. In the meantime, all defences, subject to the review, including provocation remain available to those charged with relevant criminal offences. Our office frequently receives enquiries from people charged with criminal offences who may wish to raise the defence of provocation. This article aims...

21 July

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Dangerous Driving

Posted by Jack Bendall

in Criminal Law & Offences, Uncategorised

Dangerous Driving Dangerous driving is often glorified in movies and video games. It can be considered by some to be harmless fun, free of any consequence. In reality however, dangerous driving quite often can result in serious legal consequences that last far longer than a quick adrenaline rush. This article provides an overview of the penalties that can flow on from conviction of the most common and serious dangerous driving charge (that being, dangerous operation of a motor vehicle), what the police need to prove, potential defences and which court will deal with the charge. What are the penalties for Dangerous Driving ? The...

19 July

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Using the internet to procure children

Posted by Jack Bendall

in Criminal Law & Offences

As a society our use of the internet has grown rapidly in a relatively short period of time. For the vast majority of us, it would be a miracle to go through one day without using the internet, whether that be for work, social media or a raft of other reasons. The increase in use of the internet has required that the law keep up with ways in which it may be used for a criminal purpose. This article provides a broad overview of the offence “using the internet to procure children under 16”. Here we will consider the elements of...

26 April

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Unlawful Stalking

Posted by Jack Bendall

in Criminal Law & Offences

Stalking is a phrase we have all heard of in our day-to-day lives. However, our lawyers commonly receive questions about it. They are regularly asked exactly what behaviour amounts to unlawful stalking. Many clients are caught off-guard by the wide-ranging definition of unlawful stalking and the actions it covers. This article aims to provide a broad overview of unlawful stalking in Queensland, including the legal definition, what is not considered to be unlawful stalking, potential defences and consequences that may result following a conviction. What is unlawful stalking? Unlawful stalking is to: Intentionally directed at a person (the stalked person); and Engaged in...

08 February

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Impoundment of motor vehicles – what you need to know

Posted by Jack Bendall

in Criminal Law & Offences, Traffic Law

These are the questions we frequently receive from clients who are subjected to our vehicle impoundment laws: Can the police take my car? How can I get my car back? How long will the police keep my car? These questions often come from a place of stress and uncertainty when someone is charged with offences that trigger vehicle impoundment laws. This article aims to clarify when your vehicle could be impounded, how long the vehicle could be impounded for and the circumstances in which the vehicle may be released early. Will the police impound my vehicle? Our law allows the police to impound your...

07 November

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Will I go to jail?

Posted by Jack Bendall

in Criminal Law & Offences

One of the first questions a criminal lawyer is often asked by a client that has been charged with a criminal offence is whether or not they will be required to spend time in custody at the conclusion of their matter. It is a fair and reasonable question to ask a criminal lawyer, however it is not always a simple question to answer. The answer which is often provided is “it depends”, and that is indeed the case. Where or not a person is required to spend time in actual custody depends on a number of factors. The first is whether...

21 August

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Case Study – 2 x Contravention of Domestic Violence Order

Posted by Jack Bendall

in Criminal Law & Offences

Matter: 2 x Contravention of Domestic Violence Order Court Brisbane Magistrates Court Maximum penalty: 3 years imprisonment Solicitor: Jack Bendall Date: March 2023 Overview Our client was a named respondent on a protection order, his partner was the aggrieved. As a result of the protection order being made he was subjected to a number of conditions. These conditions included him having no contact with the aggrieved, and was prohibited from being within 100 metres of the aggrieved, unless with her written permission. A few months after this protection order was made, our client was charged with contravening the order. This was in circumstances where the aggrieved and...

16 June

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Crime and Corruption Commission

Posted by Jack Bendall

in Criminal Law & Offences, Uncategorised

The Crime and Corruption Commission (CCC) has been prevalent in the news and media articles for some time now, particularly in the lead to the Commission of Inquiry held in relation to its structure, governing legislation and procedures, particularly as they related to the charging and prosecution of criminal offences. It is possible that changes could be made to the CCC’s governing legislation in the future. However, it is valuable to be aware of the organisation’s existing powers, how they may affect those brought before the CCC and why it is paramount that you seek legal advice immediately if contacted by...

13 June

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Stealing – what is it and what are the penalties?

Posted by Jack Bendall

in Criminal Law & Offences

Stealing, it sounds simple doesn’t it? Don’t take something that is not yours or you will be punished. This is far from the case. Stealing in Queensland is a criminal offence that is dealt with seriously by the courts and when you look at the offence in more detail, you will find that it is complex and can arise in a wide range of circumstances. What is the definition of stealing? What is the penalty for stealing? What court deals with stealing? These are questions that our team receive frequently when advising those charged with stealing offences. This article aims to break down...

What to know about committal hearings

The Defence of Provocation

Dangerous Driving

Using the internet to procure children

Unlawful Stalking

Impoundment of motor vehicles – what you need to know

Will I go to jail?

Case Study – 2 x Contravention of Domestic Violence Order

Crime and Corruption Commission

Stealing – what is it and what are the penalties?

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Author: Jack Bendall

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