10 June

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Trafficking in dangerous drugs and the application of the “extraordinary circumstances” principle

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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Criminal Proceeds Confiscation and When the Proceeding will be Stayed

Posted by Chris Korbel

in Litigation

The Criminal Proceeds Confiscation Act 2002 (Qld) (‘the Act’) applies when the State of Queensland confiscates the proceeds of crime and property connected to persons convicted of particular serious drug offences. Section 8 of the Act states that proceedings under the Act are civil proceedings and not criminal proceedings, which, among other things, means that: Questions of fact must be decided on the ‘balance of probabilities’ and not the criminal and rigorous requirement of ‘beyond a reasonable doubt’; and The rules of evidence only apply to the extent that they do in civil proceedings. Nevertheless, the civil proceeding can and often runs...

10 June

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Everything you need to know about Public Interest Criterion 4020

Posted by Chris Korbel

in Immigration

Has your Visa been refused under Public Interest Criterion 4020 Notice? Here’s What You Need to Know The occurrence of fraud or accidental provision of fraudulent documents across the visa applications process poses a high risk for not only the Department of Home Affairs but also for society at large. The concerns of the Department seem to stem from a real risk of visa applicants who fraudulently misuse their visa to facilitate illegal and heinous acts, including people smuggling, human trafficking, drug trafficking or terrorist operations. While these are justified and compelling policy factors, which are in the public’s interest, the vast majority...

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)....

20 May

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Can I get a work licence?

Posted by Potts Lawyers

in Traffic Law

Work licences, otherwise known as restricted licences or day licences, are an area of traffic law that our lawyers give advice on daily. If you are charged with certain drink driving or drug driving offences, you may be eligible for a work licence. When you are sentenced for the drink or drug driving offence, your driver’s licence will be disqualified for a period of time. There is no way to keep your licence – the court has no choice but to disqualify you from holding or obtaining a driver’s licence. If you are granted a work licence, it allows you to drive...

07 May

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Definition of Murder Changed in Queensland

Posted by Adam Moschella

in Criminal Law & Offences

On 1 May 2019 the State Government passed the Criminal Code and Other Legislation Amendment Bill 2019 which makes amendments to the definition of murder in Queensland. The legislation is the result of the Queensland Sentencing Advisory Council’s report into the sentencing statistics and issues surrounding child homicide cases in Queensland (Sentencing for Criminal Offences Arising from the Death of a Child: Final Report). The report found that offenders sentenced for adult manslaughter received jail sentences of 8.5 years on average, compared with 6.8 years for child manslaughter. The Bill, which amends the Criminal Code 1899, Evidence Act 1977 and the Penalties...

30 April

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Visa Cancellations and Criminal Convictions – How does a criminal conviction affect my visa status?

Posted by Chris Korbel

in Criminal Law & Offences, Disciplinary Law, Immigration

The topical question of how a criminal conviction affects our client’s visa is a regular and common question for our team at Potts Lawyers. As in most areas of law, the answer will always depend on your individual circumstance and factors that are given weight by the courts. If your criminal matter has migration aspects, our Criminal team will refer your matter to our in-house registered migration agents to ensure your matter is promptly addressed. If you have received a Notice of Cancellation you are an unlawful non-citizen and should urgently seek legal advice. If you have received a Notice of...

09 April

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GAME OF DEBTS – How do I recover money owed to me?

Posted by Chris Korbel

in Litigation

In our modern age debt recovery is not only a common occurrence where disputes arise between parties, but as some Game of Thrones zealots may argue, brings shame and flagrant disrespect to the Lannister household and its family mantra that Tyrion Lannister is well known for: ‘A Lannister always pays his debts’. Unfortunately, not everyone in today’s society shares or honours the Lannister’s sentiments and disputes can arise from seemingly small amounts to an incredibly large sum of monies. What is Debt Recovery and what is the First Course of Action? Before we explore what happens in Debt Recovery, it is prudent to provide...

Trafficking in dangerous drugs and the application of the “extraordinary circumstances” principle

Criminal Proceeds Confiscation and When the Proceeding will be Stayed

Everything you need to know about Public Interest Criterion 4020

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’

Can I get a work licence?

Definition of Murder Changed in Queensland

Visa Cancellations and Criminal Convictions – How does a criminal conviction affect my visa status?

GAME OF DEBTS – How do I recover money owed to me?

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