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(07) 3221 4999
Gold Coast
44 Davenport St,
Southport 4215
(07) 5532 3133
24 Hour Crime Line
0488 999 980 or 18004POTTS







Criminal Law & Offences

Potts Lawyers > Criminal Law & Offences (Page 3)

I’ve never been in any trouble before, but I have just been charged with a criminal offence. What are 5 things I need to know?

It can be very daunting the first time you are charged with an offence. We appreciate that when you have never been through the process before, there are probably a thousand and one questions going through your head, that you are stressed and need some guidance. Our lawyers are here to help you. In the meantime, we have answered five of the most common questions below.   1.    Should I give a police interview (also known as a record of interview)? If a person has the opportunity to call a lawyer before they speak to Police or participate in a record of interview, they may...

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Effective Representation Results in Favourable Outcome: Client Receives Minimal Penalties for Drug Driving Offence in Rockhampton

Introduction At Potts Lawyers, we take pride in providing top-notch legal representation to clients facing various criminal charges. In a recent case, our client was charged under section 79 of the Transport Operations (Road Use Management) Act 1995 for drug driving in Rockhampton. With the expertise of our experienced lawyer Mark Williams, we successfully advocated for our client's rights and secured a favourable outcome in the Rockhampton Magistrates Court.   Effective Representation by Mark Williams Our dedicated lawyer, Mark Williams, was assigned to handle our client's case. With a deep understanding of traffic laws and years of experience in criminal defence, Mark diligently examined the evidence, identified...

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Offences: High-Range Drink Driving (0.270 BAC%)

Solicitor: Billy Gee Court: Southport Magistrates Court Date: 2022   The Charges Our office was approached by our client, a distressed woman who had recently been charged with the serious offence of High Range Drink Driving after having produced a reading of 0.270 BAC%. Mr. Billy Gee of our office conferenced with the client, walking her through her background, the offence, and the Court process and likely outcome. Amongst her chief concerns were the period of disqualification, as well as the effect a recorded conviction might have on her employment.   The Situation She worked for Queensland Health and was concerned that a recorded conviction may impede her ability...

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Youth crime crackdown and how it can impact child offenders

Background On 22 March 2023, the Strengthening Community Safety (‘SCS’) Act 2023 came into effect amending the youth justice sentencing frameworks. Collectively, the aim of the amendments to the youth justice laws is to strengthen community safety, despite strong opposition from human rights campaigners and experts who warned that this would result in more children being incarcerated.   What are the amendments and what do they mean for young offenders? Amendments have been made to the Youth Justice Act 1992 and other legislation which impact the bail and sentencing frameworks for young offenders.   How do I apply for bail as a young offender? Bail may be...

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Skilled Representation Mitigates Sentence: Client Receives Lower Imprisonment Term for Privacy Breach and Child Exploitation Charges in Brisbane

Introduction At Potts Lawyers, we are dedicated to providing exceptional legal representation to clients facing complex criminal charges. In a recent case, our client faced three charges under sections 227A and 228B of the Criminal Code 1899 for Recording in Breach of Privacy and Making Child Exploitation Material in Brisbane. With the expertise of our experienced lawyer and Director Mark Williams, we diligently advocated for our client's rights and achieved a favourable outcome in the Brisbane District Court.   Effective Representation by Mark Williams Our highly skilled lawyer and Director Mark Williams was entrusted with handling our client's case. With extensive knowledge of criminal law and a...

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Case Study – 2 x Contravention of Domestic Violence Order

Matter: 2 x Contravention of Domestic Violence Order Court Brisbane Magistrates Court Maximum penalty: 3 years imprisonment Solicitor: Jack Bendall   Date: March 2023 Overview Our client was a named respondent on a protection order, his partner was the aggrieved. As a result of the protection order being made he was subjected to a number of conditions. These conditions included him having no contact with the aggrieved, and was prohibited from being within 100 metres of the aggrieved, unless with her written permission. A few months after this protection order was made, our client was charged with contravening the order. This was in circumstances where the aggrieved and...

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Case Summary – Serious Assault Person Over 60 (Road Rage Incident)

OFFENCES:               Serious assault person over 60 SOLICITOR:              Erin Mitchell COURT:                      Southport Magistrates Court DATE:                         April 2023 TRIAL/ PLEA:           Plea of guilty   FACTS Our client found themselves involved in a road rage incident and unfortunately, due to a ‘heat of the moment’ decision, they were ultimately charged with assaulting a person over 60, an offence that carries a maximum penalty of 7 years imprisonment.[1] Due to the serious nature of the charge, namely, that it involved an act of violence/ causing physical harm to another person, a sentence of imprisonment is not a last resort[2], even for a person with limited or no criminal history. By way of...

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Coercive Control

coercive control potts lawyers

New domestic violence laws in Queensland to criminalise coercive control On 10 May 2022, the Premier, Annastacia Palaszscuk announced plans to introduce legislation in Queensland to make coercive control a criminal offence. This was influenced by the 2020 death of Ms Hannah Clarke and her three children, who were murdered by her estranged husband, Mr Rowan Baxter and the October 2021 ‘Hear Her Voice’ report by the Women’s Safety and Justice Taskforce. This report outlined how best to legislate against coercive control and made 89 recommendations to the Queensland Government about essential reforms required to the domestic violence service and justice systems.   What is...

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Crime and Corruption Commission


The Crime and Corruption Commission (CCC) has been prevalent in the news and media articles for some time now, particularly in the lead to the Commission of Inquiry held in relation to its structure, governing legislation and procedures, particularly as they related to the charging and prosecution of criminal offences. It is possible that changes could be made to the CCC’s governing legislation in the future. However, it is valuable to be aware of the organisation’s existing powers, how they may affect those brought before the CCC and why it is paramount that you seek legal advice immediately if contacted by...

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What can I Expect if I Have Been in Possession of Child Exploitation Material (‘CEM’) in Queensland?

It is an offence in Queensland for a person to be in possession of Child Exploitation Material. Section 228D of the Queensland Criminal Code states that the maximum penalty for a person who knowingly possesses child exploitation material is 14 years imprisonment.   What is Child Exploitation Material? Child Exploitation Material, referred to as ‘CEM’ is defined as material that, in a way likely to cause offence to a reasonable adult, describes or depicts a person, or a representation of a person, who is, or apparently is, a child under 16 years – (a)  In a sexual context, including for example, engaging in a sexual...

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