10 June

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The definition of murder has been expanded – but is this a step too far?

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...

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...

01 April

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Domestic Violence Proceedings – Costs on Appeal

Posted by Adam Moschella

in Domestic Violence

Article by Adam Moschella, Criminal Lawyer at Potts Lawyers Given the prevalence of applications for protection orders being filed and heard by the Magistrates Court parties can sometimes be put to unnecessary expense responding to said applications, especially where those applications are then appealed to the District Court. With most being justified applications by those genuinely requiring protection, some applicants seek orders with the intention of using the order against the responding party to, for example gain an unfair advantage against a party in family law proceedings. 1. Can costs be awarded in domestic violence proceedings? Traditionally, where applications for protection orders are heard and...

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...

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?

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

Domestic Violence Proceedings – Costs on Appeal

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

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