Criminal Law & Offences Archives - Page 2 of 13

20 November

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Solicitor vs Barrister: Understanding Criminal Defence Roles in Queensland

If you have been charged with a criminal offence in Queensland, you may hear terms like solicitor, barrister, or counsel. It’s common to feel unsure about who does what. Both solicitors and barristers play essential roles in the Queensland criminal justice system, but their responsibilities differ significantly. Understanding these differences helps you know how your criminal defence team operates and when it may be necessary to engage both a solicitor and a barrister. This article explains: The difference between a criminal solicitor and a barrister in Queensland When you might need to brief a barrister Practical examples of how both roles work...

14 November

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Character References: The Good, the Bad and the Ugly

Posted by Potts Lawyers

in Criminal Law & Offences

If you intend to plead guilty to a criminal charge, your lawyer may suggest you gather character references to provide to the judge or magistrate before sentencing. But not all character references are created equal. Some can help your case, while others might do more harm than good. Here's what to consider. Authenticity Matters The key to a strong character reference is authenticity. Judges and magistrates read hundreds of references every year. It doesn't take them long to spot when someone is simply telling the court what they think it wants to hear. The best character references are honest and don’t shy away from the truth....

10 November

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Robbery and Burglary in Queensland

Posted by Jack Bendall

in Criminal Law & Offences

If you’ve been charged with or are under investigation for robbery or burglary in Queensland, it's important to understand what these offences involve, the differences between them, and the legal process that follows. This article explains both offences, the potential penalties, and what courts deal with these matters. What Is Robbery? Robbery is a theft offence that involves actual violence or the threat of violence. Under Queensland law, a person commits robbery if they: Steal something, and at or immediately before or after the time of stealing, use or threaten to use actual violence to any person or property in order to obtain the...

26 September

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The Initial Impact of a Domestic Violence Order (DVO) Application in Queensland

Posted by Sabine Keenan

in Criminal Law & Offences, Domestic Violence

A Step-by-Step Guide for Respondents Being named as the Respondent in a domestic violence order (DVO) application in Queensland may be overwhelming. Confusion, anger, fear and anxiety are all common reactions. You may be wondering: What is a DVO? Who made the application? Why do I have to go to court? What does the paperwork mean? What are my rights and obligations? Most importantly, what should I do next? Even if you disagree with the allegations or intend to contest the application, it is essential to take the process seriously. Domestic violence matters can progress quickly, and once served, you therefore may already...

23 September

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New Queensland Tobacco and Vaping Laws: What You Need to Know

Posted by Mark Williams

in Criminal Law & Offences, General Law News

In a significant step to improve public health and reduce the availability of harmful products, the Queensland Government has enacted wide-ranging changes to tobacco and vaping laws through the Tobacco and Other Smoking Products and Other Legislation Amendment Regulation 2025. Accordingly, these new Queensland tobacco and vaping laws now target the supply, possession, and promotion of illicit tobacco, vaping products, and nicotine pouches, strengthening enforcement and increasing penalties for non-compliance. Why These Changes Were Introduced Despite existing laws, the illegal sale and use of tobacco and vaping products remained widespread due to high profit margins for retailers. The rising popularity of nicotine pouches—particularly...

15 September

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Drug Trafficking in Queensland | Key Offences, Courts & Penalties

Posted by Jack Bendall

in Criminal Law & Offences, Uncategorised

Drug Trafficking Charges in Queensland: What You Need to Know Our office regularly receives enquiries from individuals who have been charged with, or are under investigation for, drug trafficking offences in Queensland. This article provides a high-level overview of: The offence of drug trafficking in Queensland; What constitutes a "dangerous drug"; How the police prove drug trafficking; Which courts deal with these matters; Common forms of evidence; and The potential penalties upon conviction. Note: This article applies specifically to Queensland law and does not cover Commonwealth offences such as trafficking controlled drugs under federal legislation. What Is a Dangerous Drug? “Dangerous drugs” are listed in...

23 January

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Addressing Youth Knife Crime in NSW: Legislative Responses Following the Westfield Bondi Junction Incident

Posted by Potts Lawyers

in Criminal Law & Offences, New South Wales

On April 13, 2024, a tragic event unfolded at Westfield Bondi Junction when 40-year-old Joel Cauchi fatally stabbed six individuals and injured several others before being shot by police. This incident, among others, has intensified concerns regarding knife-related violence in New South Wales (NSW), particularly involving youth. In response, the NSW government has enacted legislative reforms aimed at curbing such crimes and enhancing public safety. This article examines the legislative changes, their context, and the potential penalties associated with knife-related offences. Legislative Reforms: Enhancing Police Search Powers In response to the rise in knife-related incidents, the NSW government amended the Law Enforcement (Powers...

22 January

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Comprehensive Guide to Sexual Consent Laws in New South Wales

Posted by Potts Lawyers

in Criminal Law & Offences, New South Wales

Consent is the foundation of sexual offence laws in New South Wales (NSW), and aims to ensure that all sexual activities occur with the full and voluntary agreement of all parties. Recent reforms in NSW further clarify expectations around consent, highlighting the importance of explicit, ongoing communication and respect for autonomy. These updates, which came into effect in mid-2022 and continued with further refinement around early 2023, demonstrate a modern approach to consent, by parliament focusing on mutual respect, clear communication, and the need for active agreement. This article will explore NSW’s consent laws in detail, explaining what constitutes consent,...

20 January

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Section 82/84 Witness Hearing Applications

Posted by Potts Lawyers

in Criminal Law & Offences, New South Wales

Requesting Cross-Examination in New South Wales Committal Hearings Under Section 82 of the Criminal Procedure Act 1986 (CPA), defendants in New South Wales have the right to request that certain witnesses attend court to give oral evidence during committal proceedings. This right, though not absolute, exists to ensure that justice is served by allowing the defendant to scrutinise witness testimony before trial. In practice, this process is intended to guarantee that all parties gain a clear and comprehensive understanding of the case, enabling a fair trial. Before a “Section 82 application” is made, the defence must first approach the prosecution, often by sending a...

18 January

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Police Powers and Public Accountability: Balancing Authority and Civil Liberties in NSW

Posted by Potts Lawyers

in Criminal Law & Offences, New South Wales

The powers granted to police officers play a crucial role in maintaining public safety and enforcing the law. However, discussions surrounding the extent of police authority, particularly concerning search procedures, have highlighted the ongoing need to balance effective law enforcement with the protection of civil liberties. In New South Wales (NSW), recent debates and legal developments have focused on how police powers are exercised, the safeguards in place to ensure accountability, and the implications for both the public and law enforcement. Police Search Powers Under NSW Law The Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA) provides the legal framework for police powers in NSW,...

Solicitor vs Barrister: Understanding Criminal Defence Roles in Queensland

Character References: The Good, the Bad and the Ugly

Robbery and Burglary in Queensland

The Initial Impact of a Domestic Violence Order (DVO) Application in Queensland

New Queensland Tobacco and Vaping Laws: What You Need to Know

Drug Trafficking in Queensland | Key Offences, Courts & Penalties

Addressing Youth Knife Crime in NSW: Legislative Responses Following the Westfield Bondi Junction Incident

Comprehensive Guide to Sexual Consent Laws in New South Wales

Section 82/84 Witness Hearing Applications

Police Powers and Public Accountability: Balancing Authority and Civil Liberties in NSW

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