21 July

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Dangerous Driving

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...

27 May

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

Posted by Sabine Keenan

in Criminal Law & Offences

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...

30 April

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

Posted by Colleen Battersby

in Criminal Law & Offences, Domestic Violence

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...

26 April

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Unlawful Stalking

Posted by Jack Bendall

in Criminal Law & Offences

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...

24 April

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

Posted by Andrew Hanlon

in Criminal Law & Offences

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...

18 April

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Alternative Resolutions for Adult Offenders

Posted by Erin Mitchell

in Criminal Law & Offences

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...

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.

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

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

Unlawful Stalking

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

Alternative Resolutions for Adult Offenders

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