Brisbane: (07) 3221 4999
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24 Hour Crime Line: 0488 999 980 or 18004POTTS
Brisbane
Santos Place, Level 6, 32 Turbot Street,
Brisbane 4000
(07) 3221 4999
Gold Coast
44 Davenport St,
Southport 4215
(07) 5532 3133
24 Hour Crime Line
0488 999 980 or 18004POTTS

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Criminal Law & Offences

Potts Lawyers > Criminal Law & Offences

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

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...

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The Queensland Police Drug Diversion Program – What’s New and Am I Eligible?

Have you been found in possession of a small amount of party drugs? Jungle juice? Steroids? Maybe a bong, grinder or pipe? Were you arrested, or questioned, by a Queensland police officer about the offence? If so, provided you are eligible, police may have had the obligation to offer you the chance to participate in the police drug diversion program (PDDP). Possessions of small quantities of recreational drugs, drug-related items, prescription medications and controlled drugs make up the majority of low-level drug offending in Queensland, specifically among young people. However, since 2023, political and legal attitudes towards the prosecution of these offences have...

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How do I change a domestic violence order that’s in place?

Are you the respondent in a domestic violence order that you want changed? A respondent is an individual who has been ordered to comply with a series of conditions. Or, are you the aggrieved in a domestic violence matter seeking the order to be varied? An aggrieved is an individual who is protected under the domestic violence order. The conditions put in place are meant to protect this person’s safety and well-being. What are Domestic Violence Orders?  Domestic violence orders are civil orders put in place to protect people against domestic violence. They can include a range of strict conditions and can be...

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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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Child sexual offences – failing to take steps to stop offending by others

In recent years a great deal of attention has been focused on the role of organisations in preventing or enabling child sexual abuse. In particular, the Royal Commission into Institutional Responses to Child Sexual Abuse examined how institutions such as churches and schools had historically responded to offending of this nature within their organisations. The Royal Commission made a wide range of recommendations, many of which have since been adopted throughout Australia. In Queensland, one of the key recommendations of the Royal Commission that was adopted involved the creation of ‘Third party’ offences where people can be held criminally liable if...

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Alternative Resolutions for Adult Offenders

Whilst the majority of criminal charges are dealt with through the traditional criminal court system, there are occasions where we can resolve proceedings outside of the courts. The decision to refer a matter to an alternative resolution can be made before a person is charged, but can also be considered by the Prosecution after court proceedings have been commenced. The duty of the Police to consider all options Once a police officer has: investigated a complaint; decided that an offence has been committed; confirmed that they can prove the elements of the offence; and they have determined who committed the offence, they must...

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Keeping You Up to Date on Domestic Violence Laws in Queensland

Domestic and family violence occupies a substantial percentage of police time, through processes like applications for domestic violence orders and breaches of a domestic violence order. The Queensland Government plans on taking steps to improve police efficiency in this regard. Current Queensland Government Domestic Violence Legislation Domestic violence laws in Queensland are governed by the Domestic and Family Violence Protection Act. Under this legislation, police can issue a Police Protection Notice that remains in place until the first court appearance. At that time, the Court then determines whether a Temporary Protection Order need to be put in place for the duration of...

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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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Recent Legislative Changes to Laws Surrounding Hate Crime and Serious Vilification

Queensland State Parliament assented to the Criminal Code (Serious Vilification and Hate Crimes) and other Legislation Amendment Act 2023 on 19 October 2023, formalising a bill that had been circulating through Parliament since earlier this year. The Amendment Act has introduced a series of new offences as well as creating circumstances of aggravation for pre-existing ones, to attempt to curtail discrimination and hate towards certain parts of the community. New Offence of Displaying, Distributing, or Publication of Prohibited Symbols Any person who publicly distributes, publishes or displays a prohibited symbol in a way that might reasonably be expected to cause a member of...

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Bridging Legal Realms: Navigating the Intersection of Domestic Violence & Family Law Proceedings

Navigating the complexities surrounding domestic violence and parenting can be both legally intricate and emotionally charged. When relationships deteriorate to the point where domestic violence becomes a concern, courts often intervene with domestic violence orders to protect victims. The presence of parenting orders adds a layer of complexity, as courts must balance the safety of aggrieved’s with the rights of parents to maintain a relationship with their children. In order to protect your rights and interests it is crucial that you obtain legal representation from a lawyer that understands the interplay between domestic violence orders and parenting orders.   What do I do...

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