21 May

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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...

07 May

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Definition of Murder Changed in Queensland

Posted by Adam Moschella

in Criminal Law & Offences

On 1 May 2019 the State Government passed the Criminal Code and Other Legislation Amendment Bill 2019 which makes amendments to the definition of murder in Queensland. The legislation is the result of the Queensland Sentencing Advisory Council’s report into the sentencing statistics and issues surrounding child homicide cases in Queensland (Sentencing for Criminal Offences Arising from the Death of a Child: Final Report). The report found that offenders sentenced for adult manslaughter received jail sentences of 8.5 years on average, compared with 6.8 years for child manslaughter. The Bill, which amends the Criminal Code 1899, Evidence Act 1977 and the Penalties...

30 April

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Visa Cancellations and Criminal Convictions – How does a criminal conviction affect my visa status?

Posted by Chris Korbel

in Criminal Law & Offences, Disciplinary Law

The topical question of how a criminal conviction affects our client’s visa is a regular and common question for our team at Potts Lawyers. As in most areas of law, the answer will always depend on your individual circumstance and factors that are given weight by the courts. If your criminal matter has migration aspects, our Criminal team will refer your matter to our in-house registered migration agent to ensure your matter is promptly addressed. If you have received a Notice of Cancellation you are an unlawful non-citizen and should urgently seek legal advice. If you have received a Notice of...

12 February

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THREE LAWS PARENTS IN QUEENSLAND SHOULD KNOW ABOUT (BUT PROBABLY DON’T)

Posted by Danielle Warren

in Criminal Law & Offences, General Law News

Article by Danielle Warren, Criminal Lawyer Kids across Queensland are well and truly back to school for the year. In this article, we have outlined the laws surrounding the safety and protocol parents of children in Queensland should be aware of, particularly: leaving your children unattended; how kids are to travel in cars; and disciplining your child (particularly smacking). Leaving children unattended We suspect that most parents are unaware that to leave your child unattended and without supervision can be a criminal offence. It is a controversial topic that has received a lot of attention in the media and amongst parents across Queensland. There was...

31 January

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Did you know that you could get done drink driving on an electric scooter?

Posted by Erin Mitchell

in Criminal Law & Offences

Article by Erin Mitchell, Senior Criminal Lawyer On Saturday 13 January 2019, a man in his 40s was intercepted by Police in Brisbane riding one of those new green electric scooters that you see parked around the Brisbane CBD. It is alleged the man was riding the scooter without a helmet and proceeded through a red light without stopping. When Police intercepted him, they breathalysed him and he returned a reading of 0.174% blood alcohol concentration (BAC). The man was charged with driving under the influence – a high range drink driving offence, given the reading was over 0.15% BAC. Can this be correct? Can...

29 January

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Bill Potts Interview with ABC on Magistrates’ Court Backlog

Posted by Aadil Master

in Criminal Law & Offences

Our Founding Director and President of the Queensland Law Society, Bill Potts, was interviewed by ABC's Rebecca Levingston in relation to the current backlog of cases in Queensland's Magistrates' Court. Click below to listen to the extract. [audio mp3="https://pottslawyers.com.au/wp-content/uploads/2019/01/Bill-ABC-Interview.mp3"][/audio] The full radio show "Mornings with Rebecca Levingston" for Thursday 24 January 2019 is available here: https://www.abc.net.au/radio/brisbane/programs/focus/mornings/10724970 ...

29 January

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Queensland Drug and Alcohol Court

Posted by Erin Mitchell

in Criminal Law & Offences

Article by Erin Mitchell, Senior Criminal Lawyer Queensland Drug and Alcohol Court So many of our clients, and their families, ask if there is some type of penalty option where a person can be ordered to attend a rehab facility instead of jail and for a number of years, the answer has been “no”. Today, 29 January 2019, marks one year since the Queensland Drug and Alcohol Court commenced in Brisbane. As defence lawyers, we were relieved to see such an important feature of our criminal justice system re-established. The Drug and Alcohol Court has a focus on assisting those persons who commit...

08 January

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Unlawful striking causing death – “One punch can kill”

Posted by Adam Moschella

in Criminal Law & Offences

Article by Adam Moschella On 18 December 2018 the Queensland Court of Appeal handed down their decision in the matter of R v Renata; Ex parte Attorney-General for the State of Queensland [2018] QCA 356. Most would be aware of the facts of this case given the heavy media attention the matter has received. In the early hours of the morning on 3 January 2016, in Fortitude Valley’s Chinatown Mall, the respondent, Mr Renata struck the deceased, Cole Miller to the jaw once with a clenched fist while is back was turned (this type of act is more commonly described as a...

18 December

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I am a real estate agent, auctioneer, letting agent, on-site body corporate manager or aspiring real estate agent charged with a criminal offence. What are the consequences and do I have to disclose this?

Posted by Aadil Master

in Criminal Law & Offences, Disciplinary Law

Article by Aadil Master Who does this apply to? In Queensland, all practising real estate agents, auctioneers and resident letting agents (eg most on-site managers for bodies corporate) must hold relevant licences and comply with the rules set out under the Property Occupations Act 2014 (Qld) (“the Act”). Real estate agents in Northern New South Wales and other parts of Australia are not subject to this Act, however similar legislation may exist in other states and territories. While we are able to assist real estate agents outside of Queensland, this article applies only to those who are currently practising, or wish to...

06 December

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

Posted by Potts Lawyers

in Criminal Law & Offences

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...

Just what is ‘Wilful damage’

Definition of Murder Changed in Queensland

Visa Cancellations and Criminal Convictions – How does a criminal conviction affect my visa status?

THREE LAWS PARENTS IN QUEENSLAND SHOULD KNOW ABOUT (BUT PROBABLY DON’T)

Did you know that you could get done drink driving on an electric scooter?

Bill Potts Interview with ABC on Magistrates’ Court Backlog

Queensland Drug and Alcohol Court

Unlawful striking causing death – “One punch can kill”

I am a real estate agent, auctioneer, letting agent, on-site body corporate manager or aspiring real estate agent charged with a criminal offence. What are the consequences and do I have to disclose this?

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

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