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Author: Jack Bendall

Potts Lawyers > Articles posted by Jack Bendall

Unlawful Stalking

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...

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Impoundment of motor vehicles – what you need to know

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...

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Will I go to jail?

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...

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Case Study – 2 x Contravention of Domestic Violence Order

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...

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Crime and Corruption Commission

CCC

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...

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Stealing – what is it and what are the penalties?

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...

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How will the Magistrates Court finalise my criminal matter?

Many different types of cases are heard in the Magistrates Court. If you have been charged with a criminal offence you will attend the Magistrates Court at some point. These commonly include minor offences such as: shop stealing & theft offences; disorderly conduct; traffic offences; low level assault charges; dishonesty offences and; drug offences. These are often referred to as summary offences which means they are not required to be transferred to higher courts such as the District or Supreme Court.  Instead, these offences can be dealt with in the Magistrates Court. This article outlines how the Magistrates Court can finalise these...

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Using mobile phones while driving – what you need to know

It is well known that using your mobile phone whilst driving is an offence. Fixed and portable cameras have been operating for some time now, enabling authorities to catch drivers “in the act”. This makes it particularly difficult for drivers to contest allegations of using mobile phones while driving. What you may not know is the penalty for the offence, and for repeat offending has increased significantly. This article aims to break down the legislation for this offence and the penalties associated. What is the offence? The driver of a vehicle must not use a mobile phone while the vehicle is moving, or is...

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