16 December

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High Court orders a re-trial for a man who violently stabbed and bludgeoned his wife to death in front of their children – Bill Potts comments

A man who had been sentenced to life in jail for stabbing and bludgeoning his wife to death in 2016 has been granted a re-trial by the majority of the High Court. The High Court found that the trial judge wrongly instructed the Jury about how they (the jury) could consider the defence of provocation and if it applied in this case. Background Section 304 of the Criminal Code (Qld), a person is only guilty of manslaughter (and not murder) if that person unlawfully kills another (a)in the heat of passion, (b)caused by sudden provocation, and (c)before there is time for the person’s passion...

23 January

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Impact of Human Rights Act on Criminal Matters in QLD

Posted by Adam Moschella

in General Law News

Adam Moschella - Criminal Lawyer at Potts Lawyers is a member of the Queensland Law Society Human Rights and Public Law Committee. In this article, he draws attention to the potential impact on criminal law matters of the recent introduction of human rights laws in Queensland. Brief History of the Human Rights Act in Australia On 1 January 2020 the Human Rights Act 2019 came into force in Queensland. This makes our state one of only three jurisdictions in Australia to enact specific human rights legislation. The other jurisdiction being the Australian Capital Territory and Victoria. The main objects of the Act are...

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...

31 July

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How Informant Evidence can Prevent Justice and Lead to Wrongful Convictions

Posted by Danielle Hanson

in General Law News

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...

09 April

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An Overview of the Human Rights Act 2019: The rights you probably didn’t know you have

Posted by Chris Korbel

in General Law News

On February 27, 2019 Queensland Parliament passed the Human Rights Bill 2018. The Human Rights Bill 2018 introduces the Human Rights Act 2019 (the Act) into Queensland legislation. Some provisions of the Act are due to operate from 1 July 2019 with the remaining provisions due to operate on 1 January 2020. Queensland is the third state or territory to enact human rights legislation after Victoria and Australian Capital Territory. This monumental occasion affords greater protection for Queenslanders as a whole, but particularly certain disadvantaged Queenslanders who previously did not have access to much needed protection. 23 Fundamental Human Rights The Bill will...

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...

06 November

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Queensland Ambulance Service Paramedics and Paramedicine Students Now Regulated by AHPRA

Posted by Jason Papoutsis

in Disciplinary Law, General Law News

Important information for all Queensland paramedics and paramedicine Students As the national regulation of paramedicine is approaching its final stages, Queensland paramedics should know that they must be registered with the Australian Health Practitioner Regulation Agency (AHPRA) by 1 December 2018 in order to practice paramedicine. Once registered, a paramedic’s registration will then be recognised in all states and territories in Australia. All paramedics should check AHPRA’s website to see if the need to register with AHPRA, as some exceptions apply. Suitability Requirements for Paramedics All practicing paramedics and paramedicine students should familiarise themselves with not only AHPRA’s national registration and accreditation scheme and its...

25 September

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Bill Potts comments on overcrowded prisons

Posted by Potts Lawyers

in Criminal Law & Offences, General Law News

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...

21 June

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

Posted by Potts Lawyers

in Criminal Law & Offences, General Law News

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...

01 June

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Ashleigh DoRozario receives commendation from Governor of Queensland

Posted by Potts Lawyers

in General Law News, Litigation

A big congratulations to our litigation team member, Ashleigh DoRozario. Last night Ashleigh was honoured at Government House and named one of the 60 most influential people in the 60 year history of MS Queensland. This is the second commendation Ashleigh has received from His Excellency The Honourable Paul de Jersey AC, Governor of Queensland, having previously been named MS Queensland Young Person of The Year. Ashleigh was diagnosed with an MS-related disease in 2009 and despite becoming legally blind due to the condition, she continues to work at Potts Lawyers and is now entering the final year of her law degree,...

High Court orders a re-trial for a man who violently stabbed and bludgeoned his wife to death in front of their children – Bill Potts comments

Impact of Human Rights Act on Criminal Matters in QLD

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

An Overview of the Human Rights Act 2019: The rights you probably didn’t know you have

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

Queensland Ambulance Service Paramedics and Paramedicine Students Now Regulated by AHPRA

Bill Potts comments on overcrowded prisons

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

Ashleigh DoRozario receives commendation from Governor of Queensland

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