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Criminal Law & Offences

Potts Lawyers > Criminal Law & Offences (Page 7)

Real estate professionals charged with a criminal offence. What are the consequences and do you have to disclose this?

Article by Craig DoRozario Who does this apply to? In Queensland, all practising real estate agents, auctioneers and resident letting agents (eg most on-site managers for bodies corporate) must hold relevant licences and comply with the rules set out under the Property Occupations Act 2014 (Qld) (“the Act”). Real estate agents in Northern New South Wales and other parts of Australia are not subject to this Act, however similar legislation may exist in other states and territories. While we are able to assist real estate agents outside of Queensland, this article applies only to those who are currently practising, or wish to...

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Queensland Courts now text defendants to remind them of their court date

  Do you struggle to remember your court date? Read on! After a successful trial in Mackay in 2018, the Queensland Courts will now send SMS messages to adult defendants on bail to remind them of the date and time for their next court appearance. This SMS reminder service will be available to all adult offenders (18 years and over) who have been granted bail by the Magistrates Court or police watchhouse, and who have supplied a mobile phone number to the court house. This service will start across Queensland from 7 December 2018. The reminders will be sent to the defendant one business...

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Going for a night out? These are the laws you need to be aware of

Article by Danielle Warren, Criminal Lawyer   In 2014, the Queensland government passed laws about how you can behave at or near places where alcohol is being sold and supplied.  Police also have powers to respond quickly to anti-social behaviour around these areas.  The areas include licensed premises (such as bars and clubs), special areas known as ‘safe night precincts’ or events where alcohol is being sold or served.  The laws were introduced to minimise alcohol and drug-related violence, disturbances, and public disorder in certain areas. It would be wise to read this before you leave for a night out. What offences could I...

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Erin Mitchell and Danielle Warren’s Instagram Page: Lady Crim Lawyers

Two of our senior criminal lawyers, Erin Mitchell and Danielle Warren have been hard at work building and updating their Instagram page over the past few months. You can see Danielle discussing a drug driving charge here, and Erin discussing an assault charge here. The page is available with the handle @lady.crim.lawyers or by clicking here. https://www.instagram.com/p/BqmlzdHFpkL https://www.instagram.com/p/BqUkm9dFvWi...

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Tax Offences

On the 1st July 2015 a special prosecutions taskforce was established to deal with the increasing number of cases of tax fraud, the “Serious Financial Crime Taskforce” (SFCT). Up until then most tax related fraud was investigated by the ATO in conjunction with the Federal Police and in some cases the CDPP – (Commonwealth Director of Public Prosecutions) Since the establishment of the SFCT there has been raised liabilities of over $473 million and $175 million collected. Matters treated as a potential risk to the SFCT are as follows: Failure to keep proper company or business financial records Failure to lodge annual...

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A look back: Bill Potts featured as guest columnist on Gold Coast Bulletin

We recently discovered this article from our Founding Director, Bill Potts, while trawling through our archives.   Article Transcription Prisoners of Past - by Bill Potts A CONVERSATION I recently had at a dinner party caused me to rethink how to approach my daily grind. The lot of a criminal lawyer is often that of a professional apologist. Every day, having read the police brief and trawled through my client's often incoherent and sometimes incredible instructions, I have to stand in front of a judge and explain the impossible. Saying sorry for the criminal sins of clients requires attention to detail, a liberal dose of under- standing,...

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Bill Potts comments on overcrowded prisons

Our Founding Director, Bill Potts, was interviewed by the Courier Mail on the issue of overcrowded prisons in Queensland. The article is available here, with an extract below: FRIEND IN THE COURTS Another critic who says community debate has to quickly move beyond punishment and retribution towards crime prevention and rehabilitation is Queensland Law Society deputy president Bill Potts. “Only the very hardened and perhaps cynical people think the current solutions are working,’’ Potts says. “Armchair critics and Monday morning quarterbacks, who decry how soft judges are, don’t know how the system works and don’t see the endless parade of mental illness and...

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Bill Potts comments on homicides involving balconies, cliffs and other heights

Extract from News.com.au, click here to view the original article.   CHILLING new Queensland research has revealed there could be a “dark figure” of people who have gotten away with murder after falls from a height were dismissed as accidents. QUT school of justice senior lecturer Claire Ferguson found the numbers of homicides involving balconies, cliffs or other heights could be higher than reported because determining if a fatal fall was an accident, suicide or homicide was often impossible based solely on medical evidence. The forensic criminologist also found that in a number of cases the death was originally misclassified as an accident before...

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Bill Potts comments on funding issues in Queensland’s justice system

Our Founding Director and current Queensland Law Society Deputy President, Bill Potts, was interviewed by Sherele Moody of the Daily Mercury:   The State Government needed to invest more money in community and low-cost legal services, said Bill Potts, whose firm represents clients in our region. "We build bridges, we build roads, we build tunnels but why don't we spend that kind of money on the justice system?" the deputy president of the Queensland Law Society said. "We have people being denied justice - they are being convicted or they can't appeal properly because they are being denied access to a system...

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Bill Potts comments on domestic violence issues in Queensland

Our Founding Director and current Queensland Law Society Deputy President, Bill Potts, was interviewed by the Gold Coast Sun on the funding issues exacerbating domestic violence in Queensland. Although he said the Queensland Government had managed some great results and he was aware funding only went so far, former head of the Queensland Law Society and leading criminal lawyer Bill Potts said a lack of focus on DV perpetrators could be exacerbating the issue. “Within that DV area, while a lot of focus is on victim support and specialist courts there is a massive need for diversion programs for perpetrators,” he said. “The...

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