18 April

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Alternative Resolutions for Adult Offenders

Whilst the majority of criminal charges are dealt with through the traditional criminal court system, there are occasions where we can resolve proceedings outside of the courts. The decision to refer a matter to an alternative resolution can be made before a person is charged, but can also be considered by the Prosecution after court proceedings have been commenced. The duty of the Police to consider all options Once a police officer has: investigated a complaint; decided that an offence has been committed; confirmed that they can prove the elements of the offence; and they have determined who committed the offence, they must...

15 April

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Keeping You Up to Date on Domestic Violence Laws in Queensland

Posted by Colleen Battersby

in Criminal Law & Offences

Domestic and family violence occupies a substantial percentage of police time, through processes like applications for domestic violence orders and breaches of a domestic violence order. The Queensland Government plans on taking steps to improve police efficiency in this regard. Current Queensland Government Domestic Violence Legislation Domestic violence laws in Queensland are governed by the Domestic and Family Violence Protection Act. Under this legislation, police can issue a Police Protection Notice that remains in place until the first court appearance. At that time, the Court then determines whether a Temporary Protection Order need to be put in place for the duration of...

11 April

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Buying and Selling Knives – Offences and Obligations on Buyers, Sellers and Employees in Queensland

Posted by Sabine Keenan

in Criminal Law & Offences

In a bid to curb weapon-related crime and youth delinquency in Queensland, the new Summary Offences (Prevention of Knife Crime) and Other Legislation Amendment Act 2024 (the Act) was assented to by Parliament and will commence on a day to be fixed. The objective of the Act is to advance essential reforms designed to promote community safety, reduce youth offending and minimise the risks associated with knives and other dangerous items. In doing so, it introduces new provisions to the Police Powers and Responsibilities Act 2000 and Summary Offences Act 2005 imposing strict regulations on buyers and sellers of “controlled items” with...

09 April

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Recent Legislative Changes to Laws Surrounding Hate Crime and Serious Vilification

Posted by Billy Gee

in Criminal Law & Offences

Queensland State Parliament assented to the Criminal Code (Serious Vilification and Hate Crimes) and other Legislation Amendment Act 2023 on 19 October 2023, formalising a bill that had been circulating through Parliament since earlier this year. The Amendment Act has introduced a series of new offences as well as creating circumstances of aggravation for pre-existing ones, to attempt to curtail discrimination and hate towards certain parts of the community. New Offence of Displaying, Distributing, or Publication of Prohibited Symbols Any person who publicly distributes, publishes or displays a prohibited symbol in a way that might reasonably be expected to cause a member of...

04 April

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Bridging Legal Realms: Navigating the Intersection of Domestic Violence & Family Law Proceedings

Posted by Colleen Battersby

in Criminal Law & Offences, Domestic Violence

Navigating the complexities surrounding domestic violence and parenting can be both legally intricate and emotionally charged. When relationships deteriorate to the point where domestic violence becomes a concern, courts often intervene with domestic violence orders to protect victims. The presence of parenting orders adds a layer of complexity, as courts must balance the safety of aggrieved’s with the rights of parents to maintain a relationship with their children. In order to protect your rights and interests it is crucial that you obtain legal representation from a lawyer that understands the interplay between domestic violence orders and parenting orders. What do I do...

25 March

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Tainted Property & Money Laundering

Posted by Andrew Hanlon

in Criminal Law & Offences

In Queensland there are a number of offences aimed at stopping people from possessing or using money or other property that has been acquired by, or from, the commission of a criminal offence. These include offences under Queensland state legislation as well as Commonwealth offences under federal legislation. What is tainted property? Tainted property is defined separately under a number of pieces of legislation in Queensland. In essence it includes: any property obtained from the commission of an offence; or any property obtained by converting or exchanging property obtained from the commission of an offence. For example, property that is stolen from a...

04 March

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Can I be charged for my housemate possessing drugs or weapons?

Posted by Sabine Keenan

in Criminal Law & Offences

Sharing a house with mates can be stressful. Sharing a house with mates who may be committing criminal offences is even more so. Regardless of whether or not you believe you are committing an offence; it is important to prevent yourself from being caught in the crossfire of your housemates’ bad decisions — especially when it relates to the unlawful possession of drugs or weapons offences. The meaning of the term ‘possession’ under Queensland legislation does not follow the ordinary meaning of the term. In some instances, you could be ‘in possession’ of something, or responsible for someone else’s actions, simply by turning...

29 February

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Computer Hacking in Queensland

Posted by Mark Williams

in Criminal Law & Offences

In today's interconnected world, businesses and individuals are increasingly reliant on computer systems to store and transmit sensitive information. The Landscape of Computer Hacking in Queensland Queensland is said to have witnessed a surge in computer hacking incidents in recent years. In 2022-2023 Queensland accounted for 30% of the nation’s cybercrime reports[1]. In layman’s terms, people can be accused of activities such as identity theft, ransomware attacks, and phishing scams. The Offence of Computer Hacking in Queensland Despite its prevalence, many people don’t appreciate exactly what constitutes computer hacking in Queensland. The charge covers much broader situations than just the traditional image of a tech genius using...

20 February

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Everything you need to know about an Adult Caution

Posted by Colleen Battersby

in Criminal Law & Offences

What is an adult caution? An adult caution is a formal warning issued by the Police. They can be available to people in certain circumstances. Adult cautions are provided when it is in the public interest to do so. Issuing one avoids a matter being processed through the criminal justice system. They should not be confused with a routine verbal warning about undesirable behaviour, as they involve a more formal process. What is the purpose of an adult caution? The purpose of adult cautioning is to: manage lower-end offending in a manner that positively contributes to behaviour change and reduced recidivism (i.e. the tendency of...

14 February

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Consent and Sex – The Changing Laws in Queensland and What You Need to Know

Posted by Sabine Keenan

in Criminal Law & Offences

What is changing? On 11 October 2023, the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill (the Bill), which proposes a variety of amendments to the Criminal Code 1899 (the Code), was introduced to the Queensland Parliament. The Bill aims to change the definition of consent when engaging in sexual acts and the circumstances in which consent cannot be legally obtained. What is consent? Under current Queensland law, consent is defined as something “freely and voluntarily given by a person with the cognitive capacity to give the consent”. How is consent given? The law does not define how consent must be...

Alternative Resolutions for Adult Offenders

Keeping You Up to Date on Domestic Violence Laws in Queensland

Buying and Selling Knives – Offences and Obligations on Buyers, Sellers and Employees in Queensland

Recent Legislative Changes to Laws Surrounding Hate Crime and Serious Vilification

Bridging Legal Realms: Navigating the Intersection of Domestic Violence & Family Law Proceedings

Tainted Property & Money Laundering

Can I be charged for my housemate possessing drugs or weapons?

Computer Hacking in Queensland

Everything you need to know about an Adult Caution

Consent and Sex – The Changing Laws in Queensland and What You Need to Know

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