30 August

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Important Changes to Special Hardship Order Applications

The Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 governs Special Hardship Orders. This regulation has recently been amended. For those wishing to apply for a Special Hardship Order, it is important to understand how these changes may affect you. Special Hardship Order - Restriced Licence Breach Special Hardship Order - Speeding Change 1 – Removal of 21 Day Time Limit Prior to 1 April 2019, eligible drivers had 21 days from the date of their suspension to apply for a Special Hardship Order. This restriction has now been removed to allow drivers to apply for a Special Hardship Order at any time...

25 June

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No Body, No Parole – Recent decision of Lincoln v Parole Board of Queensland [2019]

Posted by Adam Moschella

in Criminal Law & Offences

The recent decision of Lincoln v Parole Board of Queensland [2019] QSC 156 demonstrates the application section 193A of the Corrective Services Act 2002. This provision is more commonly referred to as the “No body, no parole law”. The decision demonstrates that the application of the law does not specifically go to knowledge of the whereabouts of the remains of the victim of an unlawful killing. Rather, it is broader and parole can be denied where a prisoner has not cooperated satisfactorily with the investigation of the offence as a whole which could potentially lead to the location of the deceased. When...

10 June

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Trafficking in dangerous drugs and the application of the “extraordinary circumstances” principle

Posted by Adam Moschella

in Criminal Law & Offences

R v Nunn [2019] QCA 100 – Trafficking in dangerous drugs and the application of the “extraordinary circumstances” principle In a decision by the Court of Appeal on 7 May 2019 and published on 28 May 2019, the Court again affirmed the “extraordinary circumstances” principle which is relevant when dealing with mature persons charged with trafficking in Schedule 1 dangerous drugs. Traditionally, case law dictates that in circumstances where drug trafficking is large scale, the sentences which are imposed on mature offenders who have plead guilty range from 10 – 12 years imprisonment. This recent decision indicates that the principle, is to be...

10 June

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The definition of murder has been expanded – but is this a step too far?

Posted by Potts Lawyers

in Criminal Law & Offences

Old Definition of Murder Before the 1 May 2019, a person could only be convicted of murder in Queensland if it could be shown that the person intended to kill or cause grievous bodily harm to a person. New Definition of Murder Following the recent passing of the Criminal Code and Other Legislation Amendment Bill 2019 on 1 May 2019, the definition of murder has since been expanded to include death caused by an act done or omission made with reckless indifference to human life. The New Defintion of Murder Explained The new definition essentially means that if a person foresees death as a probable...

22 May

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Why you need legal representation whether your matter is big or small

Posted by Michael Purcell

in Criminal Law & Offences

Sufficiency of evidence and public interest factors Two matters on my desk were finalised in the past week and they gave me cause to think about just how important it is to have sound legal advice and representation, whether your matter is a minor charge or a serious one. The ramifications for both sorts of criminal charges can be extremely damaging and long lasting. Matter #1 In the first matter, I had been sitting in the traffic court when a colleague from a court assistance program asked me if I could help out a clearly...

21 May

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Just what is ‘Wilful damage’

Posted by Michael Purcell

in Criminal Law & Offences

Have you ever wondered what someone needs to do to attract a charge of ‘Wilful damage’? Recent charges where people have spat or thrown eggs on cars, where no other damage was caused other than requiring the car to be cleaned have caused concern in the Courts and Justice system. Grajewski v DPP (NSW) [2019] HCA 8 Recently, the High Court in Grajewski v DPP (NSW) [2019] HCA 8 allowed an appeal and quashed the appellant's conviction and sentence for the offence of intentionally or recklessly destroying or damaging property belonging to another, contrary to s 195(1)(a) of the Crimes Act 1900 (NSW)....

07 May

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Definition of Murder Changed in Queensland

Posted by Adam Moschella

in Criminal Law & Offences

On 1 May 2019 the State Government passed the Criminal Code and Other Legislation Amendment Bill 2019 which makes amendments to the definition of murder in Queensland. The legislation is the result of the Queensland Sentencing Advisory Council’s report into the sentencing statistics and issues surrounding child homicide cases in Queensland (Sentencing for Criminal Offences Arising from the Death of a Child: Final Report). The report found that offenders sentenced for adult manslaughter received jail sentences of 8.5 years on average, compared with 6.8 years for child manslaughter. The Bill, which amends the Criminal Code 1899, Evidence Act 1977 and the Penalties...

30 April

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Visa Cancellations and Criminal Convictions – How does a criminal conviction affect my visa status?

Posted by Chris Korbel

in Criminal Law & Offences, Disciplinary Law, Immigration

The topical question of how a criminal conviction affects our client’s visa is a regular and common question for our team at Potts Lawyers. As in most areas of law, the answer will always depend on your individual circumstance and factors that are given weight by the courts. If your criminal matter has migration aspects, our Criminal team will refer your matter to our in-house registered migration agents to ensure your matter is promptly addressed. If you have received a Notice of Cancellation you are an unlawful non-citizen and should urgently seek legal advice. If you have received a Notice of...

12 February

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Three laws parents in Queensland should know about (but probably don’t)

Posted by Danielle Hanson

in Criminal Law & Offences, General Law News

Article by Danielle Hansen, Criminal Lawyer At what age can you leave your child unattended? Kids across Queensland are well and truly back to school for the year. In this article, we have outlined the laws surrounding the safety and protocol parents of children in Queensland should be aware of, particularly: leaving your children unattended; how kids are to travel in cars; and disciplining your child (particularly smacking). We suspect that most parents are unaware that to leave your child unattended and without supervision can be a criminal offence. It is a controversial topic that has received a lot of attention in the media and...

31 January

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Did you know that you could get done drink driving on an electric scooter?

Posted by Erin Mitchell

in Criminal Law & Offences

Article by Erin Mitchell, Senior Criminal Lawyer On Saturday 13 January 2019, a man in his 40s was intercepted by Police in Brisbane riding one of those new green electric scooters that you see parked around the Brisbane CBD. It is alleged the man was riding the scooter without a helmet and proceeded through a red light without stopping. When Police intercepted him, they breathalysed him and he returned a reading of 0.174% blood alcohol concentration (BAC). The man was charged with driving under the influence – a high range drink driving offence, given the reading was over 0.15% BAC. Can this be correct? Can...

Important Changes to Special Hardship Order Applications

No Body, No Parole – Recent decision of Lincoln v Parole Board of Queensland [2019]

Trafficking in dangerous drugs and the application of the “extraordinary circumstances” principle

The definition of murder has been expanded – but is this a step too far?

Why you need legal representation whether your matter is big or small

Just what is ‘Wilful damage’

Definition of Murder Changed in Queensland

Visa Cancellations and Criminal Convictions – How does a criminal conviction affect my visa status?

Three laws parents in Queensland should know about (but probably don’t)

Did you know that you could get done drink driving on an electric scooter?

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