13 September

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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...

08 September

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

Posted by Mark Williams

in Criminal Law & Offences

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...

21 August

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Case Study – 2 x Contravention of Domestic Violence Order

Posted by Jack Bendall

in Criminal Law & Offences

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...

16 August

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

Posted by Shantelle Wallace

in Criminal Law & Offences

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...

31 July

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Coercive Control

Posted by Colleen Battersby

in Criminal Law & Offences

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...

16 June

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Crime and Corruption Commission

Posted by Jack Bendall

in Criminal Law & Offences, Uncategorised

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...

08 July

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

Posted by Colleen Battersby

in Criminal Law & Offences

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...

22 June

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High price to pay for trial (Gold Coast Bulletin Article)

Posted by Potts Lawyers

in Criminal Law & Offences, General Law News

Potts Lawyers, Bill Potts, instructed by Danielle Hanson, acted for Mr Teeroovengadum in the recent trial where the Australian taxpayers footed the bill to return him to the country to face charges of alleged sexual assault offences. Read more below: View the original article on the Bulletin's website....

13 June

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Stealing – what is it and what are the penalties?

Posted by Jack Bendall

in Criminal Law & Offences

Stealing, it sounds simple doesn’t it? Don’t take something that is not yours or you will be punished. This is far from the case. Stealing in Queensland is a criminal offence that is dealt with seriously by the courts and when you look at the offence in more detail, you will find that it is complex and can arise in a wide range of circumstances. What is the definition of stealing? What is the penalty for stealing? What court deals with stealing? These are questions that our team receive frequently when advising those charged with stealing offences. This article aims to break down...

12 May

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Rape Convictions Quashed Following Miscarriage of Justice

Posted by Billy Gee

in Criminal Law & Offences

On the 18th of March 2022, the Supreme Court of Brisbane’s Court of Appeal division handed down a decision that effectively quashed two convictions of rape, and revealed an unsettling error of judgement that could have serious implications for court procedure and represents a failure of the justice system. While you may be aware of this recent development, what you may not know is that Potts Lawyers’ very own Sinead Garland - Criminal Lawyer was at the helm, acting as solicitor for the appellant. Her outstanding work led to an order to quash two convictions of guilt that were reached through...

Youth crime crackdown and how it can impact child offenders

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

Case Study – 2 x Contravention of Domestic Violence Order

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

Coercive Control

Crime and Corruption Commission

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

High price to pay for trial (Gold Coast Bulletin Article)

Stealing – what is it and what are the penalties?

Rape Convictions Quashed Following Miscarriage of Justice

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