Brisbane: (07) 3221 4999
Gold Coast: (07) 5532 3133
24 Hour Crime Line: 0488 999 980 or 18004POTTS
Brisbane
Level 1/420 George St,
Brisbane 4000
(07) 3221 4999
Gold Coast
44 Davenport St,
Southport 4215
(07) 5532 3133
24 Hour Crime Line
0488 999 980 or 18004POTTS

Facebook


Instagram

Twitter


Linkedin

YouTube

 

Author: Potts Lawyers

Potts Lawyers > Articles posted by Potts Lawyers

The definition of murder has been expanded – but is this a step too far?

Before the 1 May 2019, a person could only be convicted of murder in Queensland if it could be shown that the person intended to kill or cause grievous bodily harm to a person. Following the recent passing of the Criminal Code and Other Legislation Amendment Bill 2019 on 1 May 2019, the definition of murder has since been expanded to include death caused by an act done or omission made with reckless indifference to human life. The new definition essentially means that if a person foresees death as a probable consequence of their actions, even though it was not their intention...

Continue reading

Why you need a lawyer whether your matter is big or small

  Sufficiency of evidence and public interest factors: Why you need a lawyer…………… whether your matter is big or small!                            Two matters on my desk were finalised in the past week and they gave me cause to think about just how important it is to have sound legal advice and representation, whether your matter is a minor charge or a serious one. The ramifications for both sorts of charges can be extremely damaging and long lasting. In the first matter, I had been sitting in the traffic court when a colleague from a court assistance program asked me if I could help out...

Continue reading

Just what is ‘Wilful damage’

Article by Michael Purcell, Senior Criminal Lawyer Have you ever wondered what someone needs to do to attract a charge of ‘Wilful damage’? Recent charges where people have spat or thrown eggs on cars, where no other damage was caused other than requiring the car to be cleaned have caused Courts concern. Recently, the High Court in Grajewski  v DPP (NSW) [2019] HCA 8 allowed an appeal and quashed the appellant's conviction and sentence for the offence of intentionally or recklessly destroying or damaging property belonging to another, contrary to s 195(1)(a) of the Crimes Act 1900 (NSW).Although the appeal is from a...

Continue reading

Can I get a work licence?

Work licences, otherwise known as restricted licences or day licences, are an area of traffic law that our lawyers give advice on daily. If you are charged with certain drink driving or drug driving offences, you may be eligible for a work licence. When you are sentenced for the drink or drug driving offence, your driver’s licence will be disqualified for a period of time. There is no way to keep your licence – the court has no choice but to disqualify you from holding or obtaining a driver’s licence. If you are granted a work licence, it allows you to drive...

Continue reading

Queensland Courts now text defendants to remind them of their court date

  Do you struggle to remember your court date? Read on! After a successful trial in Mackay in 2018, the Queensland Courts will now send SMS messages to adult defendants on bail to remind them of the date and time for their next court appearance. This SMS reminder service will be available to all adult offenders (18 years and over) who have been granted bail by the Magistrates Court or police watchhouse, and who have supplied a mobile phone number to the court house. This service will start across Queensland from 7 December 2018. The reminders will be sent to the defendant one business...

Continue reading

Tax Offences

  Paid your Tax? ATO on the blitz! Corporate Director imprisoned for 14 years for tax fraud On the 1st July 2015 a special prosecutions taskforce was established to deal with the increasing number of cases of tax fraud “Serious Financial Crime Taskforce” (SFCT). Up until then most tax related fraud was investigated by the ATO in conjunction with the Federal Police and in some cases the CDPP – (Commonwealth Director of Public Prosecutions) Since the establishment of the SFCT there has been raised liabilities of over $473 million and $175 million collected. Matters treated as a potential risk to the SFCT are...

Continue reading

I am an architect or aspiring architect convicted of a criminal offence. What are the consequences and do I have to disclose this?

Who does this apply to? In Queensland, architects are subject to the Architects Act 2002 (Qld). Architects practicing outside Queensland are not subject to this legislation; however similar legislation may exist in other states and territories. We are also able to assist interstate architects; however this article is solely for those practicing, or seeking to practice in Queensland. Am I eligible to register as an architect? Do I need to disclose my charges or convictions? The Board of Architects of Queensland must be satisfied you are fit to practice as an architect prior to accepting the registration. In determining fitness, the Board may...

Continue reading

What are the consequences of a criminal charge or conviction on a teacher or aspiring teacher?

Who does this apply to? This article applies to all existing and aspiring teachers in Queensland. Registration to the Queensland College of Teachers is mandatory and regulated by the Education (Queensland College of Teachers) Act 2005 (Qld) (“the Act”). The law in other jurisdictions in Australia may differ, and hence this article is applicable only to those within Queensland. If you are interstate, we are still able to assist you, and have experience in a variety of jurisdictions. We encourage you to contact are office. If you are an early childhood teacher, registration with the College of Teachers may not be compulsory...

Continue reading

Spent convictions: how long does a criminal conviction last in Queensland?

Introduction As noted in our article on non-recorded convictions, having a criminal conviction can have a prolonged and profound impact on your life that extends far beyond the punishment imposed by a court. This is quite unfortunate, as one of the purposes of the criminal justice system is that a court will impose a punishment that is just and final in all the circumstances. It is also a principle that those convicted of offences should be rehabilitated, and are encouraged and even expected to resume being law-abiding and productive members of society upon completion of the imposed punishment. Yet, whenever you...

Continue reading