10 September

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Dealing with Allegations of Sexual Assault & Misconduct

Sexual offences are some of the most common charges dealt with by the criminal courts in Queensland. A number of recent high-profile cases from around the country have highlighted some of the difficulties that can arise in attempting to defend charges of this nature. If you find yourself the subject of allegations of unlawful sexual conduct the steps you take, or don’t take, early on – even before you’ve received any contact from the police – can make a huge difference to the outcome of your matter. The following are some key pieces of general advice for anyone who has reason to...

24 August

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What to know about committal hearings

Posted by Jack Bendall

in Criminal Law & Offences

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...

16 August

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FAQs for Domestic Violence Matters

Posted by Erin Mitchell

in Criminal Law & Offences, Domestic Violence

The laws surrounding domestic violence have changed significantly in the last decade. An average of 30,000 domestic violence applications [1] were lodged each year from July 2018 to June 2023 [2]. In this series of blogs, we will answer some frequently asked questions with respect to domestic violence laws in Queensland. FAQs for Domestic Violence Matters - PART TWO My ex took out a DVO against me and I want to engage lawyers to assist me. Can I get any of my legal costs back if I win? The costs provisions of the Domestic and Family Violence Protection Act were amended in August 2023 to...

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...

03 August

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Cracking the Criminal Code – A Simple Guide to Assault Charges in Queensland

Posted by Colleen Battersby

in Criminal Law & Offences, Uncategorised

Assault charges are serious offences that carry significant consequences for those involved. In Queensland, navigating the legal landscape surrounding assault offences can be complex and challenging. If you have been charged with an assault offence, it is important that you understand the nuances of the law, the various types of assault charges, and the potential penalty outcomes available to the court. What does ‘assault’ mean? ‘Assault’ is defined in the Criminal Code as: A person who strikes, touches, or moves, or otherwise applies force of any kind to, the person of another, either directly or indirectly, without the other person's consent, or...

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...

10 July

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Understanding Apprehended Violence Order in New South Wales

Posted by Sinead Garland

in Criminal Law & Offences, Domestic Violence

In each State and Territory, there is legislation that has been drafted to allow people to apply for restraining/ protection orders. The legislation dealing with domestic violence in New South Wales is the Crimes (Domestic and Personal Violence) Act 2007 (Act). The objective of the Act is to protect people from domestic violence, intimidation and stalking. The Act also sets out to protect people who are witness to domestic violence or have experienced domestic violence (i.e children in the relationship). In New South Wales a restraining order is called an Apprehended Violence Order (AVO) An AVO is an order that can be made...

28 June

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Tapering off Vaping: The New Laws in Australia and What It All Means

Posted by Sabine Keenan

in Criminal Law & Offences, Uncategorised

What Is Changing? The long-awaited restriction on the sale and importation of disposable vaping devices in Australia has been looming over vapers, health practitioners and retailers for some time. In December 2023, the first step was taken by the Governor-General in Federal Executive Council to institute Australia’s new anti-vaping through the commencement of the Therapeutic Goods Legislation Amendment (Vaping) Regulations 2023 (the Regulations). The Regulations have initiated a multi-stage push to address the increasing health risks posed by vaping, specifically for young people in Australia. However, despite common misconceptions, not all instances in which disposable vapes are possessed, purchased, sold and imported...

02 June

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Case Study: Alcohol intoxication and the ability (or inability) of a witness to recall events and then reliably give evidence in court.

Posted by Mark Williams

in Criminal Law & Offences

The impact of alcohol intoxication on memory Alcohol intoxication is a complex phenomenon that can have profound effects on various cognitive functions, including memory. When an individual consumes alcohol, it affects the brain's neurotransmitters and can lead to impairment in memory formation, storage, and retrieval processes. Understanding the impact of alcohol intoxication on memory is crucial, especially in situations where memory recall plays a significant role, such as in criminal cases of sexual assault, rape offences and other crimes where there is generally no other independent witnesses, that is, where you have one person’s version against another. Memory Accuracy v Reliability v Completeness Memory accuracy...

Dealing with Allegations of Sexual Assault & Misconduct

What to know about committal hearings

FAQs for Domestic Violence Matters

The Defence of Provocation

Cracking the Criminal Code – A Simple Guide to Assault Charges in Queensland

Dangerous Driving

Using the internet to procure children

Understanding Apprehended Violence Order in New South Wales

Tapering off Vaping: The New Laws in Australia and What It All Means

Case Study: Alcohol intoxication and the ability (or inability) of a witness to recall events and then reliably give evidence in court.

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