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Author: Sabine Keenan

Potts Lawyers > Articles posted by Sabine Keenan

Buying and Selling Knives – Offences and Obligations on Buyers, Sellers and Employees in Queensland

In a bid to curb weapon-related crime and youth delinquency in Queensland, the new Summary Offences (Prevention of Knife Crime) and Other Legislation Amendment Act 2024 (the Act) was assented to by Parliament and will commence on a day to be fixed. The objective of the Act is to advance essential reforms designed to promote community safety, reduce youth offending and minimise the risks associated with knives and other dangerous items. In doing so, it introduces new provisions to the Police Powers and Responsibilities Act 2000 and Summary Offences Act 2005 imposing strict regulations on buyers and sellers of “controlled items” with...

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Can I be charged for my housemate possessing drugs or weapons?

Sharing a house with mates can be stressful. Sharing a house with mates who may be committing criminal offences is even more so. Regardless of whether or not you believe you are committing an offence; it is important to prevent yourself from being caught in the crossfire of your housemates’ bad decisions — especially when it relates to the unlawful possession of drugs or weapons offences. The meaning of the term ‘possession’ under Queensland legislation does not follow the ordinary meaning of the term. In some instances, you could be ‘in possession’ of something, or responsible for someone else’s actions, simply by turning...

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Consent and Sex – The Changing Laws in Queensland and What You Need to Know

What is changing? On 11 October 2023, the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill (the Bill), which proposes a variety of amendments to the Criminal Code 1899 (the Code), was introduced to the Queensland Parliament. The Bill aims to change the definition of consent when engaging in sexual acts and the circumstances in which consent cannot be legally obtained.   What is consent? Under current Queensland law, consent is defined as something “freely and voluntarily given by a person with the cognitive capacity to give the consent”.   How is consent given? The law does not define how consent must be...

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Preparing for Your Guilty Plea – the Benefits of Character References

If you are pleading guilty to a criminal charge in the Magistrates Court in Queensland, you will have the option of providing character references to the court as part of your submissions. You are not obliged to present a reference.  Nor will failing to provide one be held against you.  However, they can prove beneficial to the outcome of your matter. Providing good references may assist your lawyer in highlighting positive aspects of your character, your relationships and your circumstances. Furthermore, in circumstances where your offending could be seen as ‘out of character’, references can help to distinguish you, as a person, from...

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