Criminal Law

What happens to my matter if the law changes after I have been charged?

One of the most challenging aspects of the law is that it changes every day. Changes occur in two ways: New legislation is handed down by Parliament; Courts change the way that the law is interpreted or applied. If there is a change to the law whilst your matter is underway, it can affect the way in which your matter proceeds. It is important to be aware of these changes and the impact they will have on you. This is particularly important in criminal law matters because these changes can affect the outcome of your case. Changes to the law can be divided into...

Can criminal charges affect my sporting career?

Introduction In addition to penalties imposed at sentencing, a criminal charge can have a substantial impact on your life. Sometimes, simply being charged with a criminal offence could have you disciplined by your club or the sporting body you are affiliated with. As Queensland’s largest private criminal defence firm, Potts Lawyers are entrusted by amateur and elite athletes to protect their interests not only on the criminal front, but also to ensure minimal impact to their careers. We understand that athletes are given an exemplary amount of media attention, but you won’t find our lawyers going out of their way to jump in...

Commonwealth Games: What You Should Know From A Criminal Law Perspective

Article written by Shelby Smith The Gold Coast Commonwealth Games will run from the 4th of April 2018 to the 15th of April 2018. If you are attending the Commonwealth Games, it will be important to take care and act appropriately.  Gold Coast residents should also be aware of this information, as the Commonwealth Games will affect the entire Gold Coast community.   Increased Police Presence on the Gold Coast Firstly, you should expect an increased police presence before, during and immediately after the Commonwealth Games. This increased police presence may mean an increase in police charges. It is important to be aware of this and act accordingly....

Spent convictions: how long does a criminal conviction last in Queensland?

Introduction As noted in our article on non-recorded convictions, having a criminal conviction can have a prolonged and profound impact on your life that extends far beyond the punishment imposed by a court. This is quite unfortunate, as one of the purposes of the criminal justice system is that a court will impose a punishment that is just and final in all the circumstances. It is also a principle that those convicted of offences should be rehabilitated, and are encouraged and even expected to resume being law-abiding and productive members of society upon completion of the imposed punishment. Yet, whenever you are taking...

What does ‘no conviction recorded’ really mean in Queensland?

Article by Cameron Browne Having a criminal conviction on your record can have a prolonged and profound impact on your life that extends far beyond the punishment imposed by a court during a sentence. It can, in some circumstances, be used adversely against you in terms of employment, travel, loans, rental applications, and more. In some cases, it may not matter what the offence was, and having any criminal history whatsoever could result in an automatic denial or potential loss of opportunity. For this reason, it is in your best interests that you seek a conviction not be recorded, even if you...

Historical gay convictions set to be expunged in bill being considered by committee

Two men stand together holding hands in the dock in a Queensland District Court in the late 1980s – their only crime is being in love. In a shameful episode from the state’s history, gay people were prosecuted for a range of offences including indecency, unnatural offences and sodomy, until homosexuality was decriminalised in 1991. John and John were in a committed relationship for 15 years, one had served his country in Vietnam, and they loved each other dearly. One day, police came to their home on the Gold Coast to investigate an unrelated and unproven matter. While there, the officers noticed photos of them on the wall,...

Two Strikes & You’re In

THE State Government has pushed through controversial mandatory sentencing laws for repeat child sex offenders despite warnings the new laws could risk child murders. The government also was warned there would likely be long delays in court processes if people had little incentive to plead guilty, with a consequential impact on child victims and their families. Explanatory notes issued with the Criminal Law (Two Strike Child Sex Offenders) Amendment Bill 2012 – which was rushed through parliament on Tuesday night – acknowledge opposition to the law change. “Disturbingly, two stakeholders, the Queensland Police Service and the Bar Association of Queensland, warned of the...

Man in Court over McDonalds Video

A Gold Coast McDonalds manager charged with secretly filming young employees getting dressed in a change-room will be sentenced in May.

Police allege Leigh Shannon Dauncey, 21, blu-tacked a video recording device on a change room shelf at the southern Gold Coast restaurant in February this year.

Bail is Varied To Allow Couple Contact

Expectant Mum ‘Hid Pill Stash’

Luke Royes | 21 January, 2012 | Gold Coast Bulletin

A Runaway Bay woman allegedly strapped about 2kg of illicit drugs to her pregnant belly in an attempt to smuggle them into the country.