Criminal Law Archives - Page 3 of 5

10 November

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Parole in Queensland

Upon being found guilty or by pleading guilty to an offence, a Magistrate or Judge must sentence you. There are various sentencing options available to a judicial officer when sentencing an offender, all of which range in seriousness and severity. The Penalties and Sentences Act 1992 (Qld) allows a Magistrate or Judge to imprison an offender for offences under a range of different legislation, such as the Criminal Code, the Drugs Misuse Act, the Police Powers and Responsibility Act and the Bail Act. For many sentenced jail, parole is a second chance without having to serve part or even the whole term of imprisonment...

01 June

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Trial scheme to enable youth offenders to have GPS trackers placed upon their ankles

Posted by Michael Warren

in Criminal Law

Bill Potts comments on new government package deal which allows youth offenders to have GPS trackers placed upon their ankles. The government recently announced as part of its package to deal with youth justice issues a range of responses broadly issues related to bail, and to allow a trial scheme to enable youth offenders to have GPS trackers placed upon their ankles. This we were told would have the effect of preventing crime. It also was said that the public could be satisfied that the government was doing practical steps to protect the public from youth crime. The statistics can be...

29 March

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Youth Justice and Other Legislation Amendment Bill 2021

Posted by Michael Warren

in Criminal Law

On 25 February 2021, Hon Mark Ryan MP, Minister for Police and Corrective Services and Minister for Fire and Emergency Services, introduced the Youth Justice and Other Legislation Amendment Bill 2021 (the Bill) and referred it to the Legal Affairs and Safety Committee (the committee) for detailed consideration. The Bill amends the Youth Justice Act 1992 to respond to the characteristics of the offending behaviours of serious recidivist youth offenders and strengthen the youth justice bail framework. The amendments to the Youth Justice amendment build on the Queensland Government’s Five Point Action Plan, announced in March 2020, which complements the Youth...

11 March

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Animal Cruelty in Queensland

Posted by Michael Warren

in Criminal Law

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...

28 April

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The Ways That COVID-19 Has Changed Bail Applications

Posted by Danielle Hanson

in Criminal Law

Do you have a loved one currently in custody awaiting a trial/sentence? Are you worried about their wellbeing during this COVID-19 pandemic? Read on. The unusual circumstances we currently all find ourselves in are unprecedented. Businesses and government departments are having to change the way they do things – almost on a weekly basis. Queensland Corrective Services (QCS) is no exception. In order to follow the Government’s recommendations and directions for public safety during this time, the prisons have gone into various stages of lockdown. At the time of writing, Stage 3 restrictions are in place, which means that QCS has already...

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

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...

31 July

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How Informant Evidence can Prevent Justice and Lead to Wrongful Convictions

Posted by Danielle Hanson

in Criminal Law

Last week, on 26 July 2019, convicted murderer Faruk Orman, walked free after serving 12 years in prison. His conviction was overturned following shocking revelations that his barrister, Lawyer X (aka Nicola Gobbo) was providing information to police that led to his ultimate conviction. The Victorian Court of Appeal held that the information provided by Ms Gobbo led to a contamination of his case and found that the conviction was a “substantial miscarriage of justice”. This is the first conviction to be overturned by the Court of Appeal in Victoria since the start of the Royal Commission. Sadly, though, it is...

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

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...

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

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...

27 November

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

Posted by Danielle Hanson

in Criminal Law

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...

Parole in Queensland

Trial scheme to enable youth offenders to have GPS trackers placed upon their ankles

Youth Justice and Other Legislation Amendment Bill 2021

Animal Cruelty in Queensland

The Ways That COVID-19 Has Changed Bail Applications

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

How Informant Evidence can Prevent Justice and Lead to Wrongful Convictions

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

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

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

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