11 March

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Animal Cruelty in Queensland

In Queensland, the current legislation regarding animal cruelty is the Animal Care and Protection Act 2001 and the Criminal Code 1899. Animal Care and Protection Act 2001 superseded the Animals Protection Act 1925. The objectives of the Animal Care and Protection Act 2001 act was to achieve reasonable balance between the welfare needs of animals and the interest of people who keep animals. Further it was to maintain and legislate community expectations for how animals should be treated. When first released, any person found guilty of animal cruelty was liable to a maximum of 1,000 penalty units or a maximum of 2...

09 March

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Potts Podium March 2021

Posted by Potts Lawyers

in Criminal Law & Offences

The office of the Federal Attorney General has recently approved an extradition request with India for a person of interest in relation to the ongoing murder investigation of Cairns woman, Toyah Cordingley. While this is certainly a step toward finding the killer, caution is urged to temper expectations on how this order will progress the investigation. Former President of the Queensland Law Society and criminal lawyer, Bill Potts, has warned that the extradition process is a lengthy and uncertain one. Mr Potts refers to the hit and run incident which tragically killed Dean Hofstee in Melbourne over a decade ago. That...

16 January

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The law of double jeopardy in Queensland confirmed – Director of Public Prosecutions v TAL [2019] QCA 279

Posted by Adam Moschella

in Criminal Law & Offences, General Law News

An application pursuant to s678B of the Criminal Code 1899. Last month in a unanimous decision, the Queensland Court of Appeal dismissed an application brought by the Director of Public Prosecutions for an order pursuant to section 678B of the Criminal Code that a person be retried for a murder for which they were previously acquitted. This was the first occasion that a court in Queensland has heard such an application. Brief Background The respondent was charged with the deceased’s murder. The only issue at the respondent’s 1988 trial was the identity of the killer. The jury acquitted the respondent. The application arose as a...

03 December

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Industrial Manslaughter in Queensland  

Posted by Cameron Browne

in Criminal Law & Offences

Queensland Mines Minister Anthony Lynham has announced the intention of the government to introduce new laws in response to the recent spate of Queensland mine deaths – 7 in the past year. An offence of industrial manslaughter will be introduced for the mining sector. The offence of industrial manslaughter does presently exist in Queensland. However, these laws do not yet apply to the mining sector. As an example, earlier this year ‘Multi-Run Roofing’ Director, Gary Lavin was found guilty of reckless conduct after a 62 year old roofer died at a worksite in 2014. He was sentenced to a period of 1...

30 August

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Important Changes to Special Hardship Order Applications

Posted by Shelby Smith

in Criminal Law & Offences

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)....

Animal Cruelty in Queensland

Potts Podium March 2021

The law of double jeopardy in Queensland confirmed – Director of Public Prosecutions v TAL [2019] QCA 279

Industrial Manslaughter in Queensland

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’

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