20 November

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ABC News Interviews Bill Potts on the Costly Dangers of Defamatory Social Media Posts

The ABC has recently published an article in relation to a Queensland woman who was ordered to pay $279,000 in damages to a couple she defamed in a Facebook group. The matter was heard in the District Court in Townsville and the judgement was handed down on Friday 23 June 2023. The alleged post was only online for merely 90 minutes before it was taken down, and the publication alleged improper conduct towards a six-year-old child, and was ruled by Judge Coker as being “entirely improper, unjustifiable and lacking in bona fides where the defendant knew that the imputations contained within...

17 November

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Suspension of teaching registration or permission to teach by the Queensland College of Teachers because of a criminal charge or posing an unacceptable risk of harm to children.

Posted by Chris Korbel

in Litigation

Introduction The Queensland College of Teachers have powers under the Education (Queensland College of Teachers) Act 2005 (Qld) (the ‘Act’) to immediately suspend a person’s teaching registration or permission to teach. The Queensland College of Teachers must provide notice of the suspension to the teacher to comply with the Act, and usually means that the person will receive a letter by email and by post. The suspension takes effect on the day the notice is given to the teacher. As discussed below, in some cases, there may be concurrent criminal charges or the potential that a person has committed a criminal offence in connection...

17 November

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Applying for Parole in Queensland: What You Need to Know

Posted by Danielle Hanson

in Criminal Law & Offences

Do you have a loved one in prison who has a parole eligibility date coming up and who wants to apply for parole? Then this article is for you. Someone who has been given a parole eligibility date at sentence by the Court or who has had their parole orders cancelled will need to make an application to the Parole Board Queensland to be considered for release on parole. The parole system in Queensland plays a vital role in the criminal justice system. It offers a path for individuals convicted of crimes to reintegrate into society while under supervision. In Queensland, the...

15 November

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Intoxication and Criminal Charges

Posted by Andrew Hanlon

in Criminal Law & Offences

Worried that a nasty hangover could be the least of your concerns after a big night? It is not uncommon for people to find themselves doing things they wouldn’t usually do as a result of being intoxicated. Unfortunately, this can sometimes result in people waking up with a significant legal headache to accompany their physical one. Everyone has heard someone utter the line ‘the rum/whiskey/tequila made me do it’ after an embarrassing episode at some point or other, but does this line hold up in court? Is being intoxicated a defence to a criminal charge? The short answer in Queensland is that this will...

13 November

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The Queensland Intermediary Scheme (QIS)

Posted by Erin Mitchell

in Criminal Law & Offences

What is the Queensland Intermediary Scheme? The Queensland Intermediary Scheme (also known as QIS) is a pilot program currently operating in the Brisbane and Cairns courthouses. Following the Royal Commission into Institutional Responses to Child Sexual Abuse, the QIS was implemented as a two-year pilot program, but is anticipated to be extended. The Scheme is designed to support individuals with cognitive disabilities, such as intellectual impairments or autism, when they are involved in the criminal justice system. The scheme provides trained intermediaries who assist these individuals in communicating effectively with the police, legal professionals, and the courts. These intermediaries ensure that...

10 November

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Will My Matter Get Media Attention? What to be aware of when you have been charged with a criminal offence.

Posted by Billy Gee

in Criminal Law & Offences

Introduction If you have been charged with a criminal offence, you may be concerned that your matter will attract publicity. Whether your intention is to plead guilty to your charges, or to fight them, concerns over media scrutiny are understandable. The public interest in reporting on these events must be balanced against the administration of justice; as such it is important that you are aware of the possibilities when it comes to media exposure. Each matter is unique. If you or someone you know has been charged with a criminal offence, it is important that you are aware of the risk...

07 November

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Will I go to jail?

Posted by Jack Bendall

in Criminal Law & Offences

One of the first questions a criminal lawyer is often asked by a client that has been charged with a criminal offence is whether or not they will be required to spend time in custody at the conclusion of their matter. It is a fair and reasonable question to ask a criminal lawyer, however it is not always a simple question to answer. The answer which is often provided is “it depends”, and that is indeed the case. Where or not a person is required to spend time in actual custody depends on a number of factors. The first is whether...

07 November

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I have been charged with a drink-driving offence. Does the QLD Alcohol Ignition Interlock Program apply to me?

Posted by Shantelle Wallace

in Criminal Law & Offences, Traffic Law

We understand that the process of being charged with a drink-driving offence can be incredibly stressful. Not only do you need to consider the court process, but also any other consequences that may flow. Let’s consider the Queensland Alcohol Ignition Interlock Program and when it may apply to you. Does the Queensland alcohol interlock program apply to you? You will be required to complete the interlock program if you are charged and are found guilty or plead guilty to any of the following ‘high-risk’ drink-driving offences: Drive, or attempt to put in motion or be in charge of a vehicle under...

02 November

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Private Investigators in Criminal Matters

Posted by Mark Williams

in Criminal Law & Offences

For several years now, our firm has regularly hired private investigators to conduct behind the scenes work on select criminal defence matters. Private investigators play a vital role in criminal defence trials in Australia. They can help to gather evidence, locate witnesses, investigate alibis, and identify weaknesses in the prosecution's case. This information can be used to build a strong defence for the accused and increase their chances of a successful outcome. What is a Private Investigator? A private investigator, also known as a private detective, is a professional who is hired by individuals and organisations to conduct investigations and gather information....

19 October

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Mental Health Defences and the Mental Health Court

Posted by Danielle Hanson

in Criminal Law & Offences

Queensland, like many other jurisdictions, has mechanisms in place to appropriately deal with the connection between mental health and criminal offending. This can involve diverting individuals with mental health issues or intellectual disabilities away from traditional criminal courts and into mental health treatment and support programs. The Mental Health Court in Queensland has three key tasks: Determining: whether a person charged with a criminal offence was of unsound mind when they allegedly committed the offence; and/or whether the person is fit for trial; Hearing appeals from the Mental Health Review Tribunal; and Conducting inquiries into whether a person’s detention in a mental...

ABC News Interviews Bill Potts on the Costly Dangers of Defamatory Social Media Posts

Suspension of teaching registration or permission to teach by the Queensland College of Teachers because of a criminal charge or posing an unacceptable risk of harm to children.

Applying for Parole in Queensland: What You Need to Know

Intoxication and Criminal Charges

The Queensland Intermediary Scheme (QIS)

Will My Matter Get Media Attention? What to be aware of when you have been charged with a criminal offence.

Will I go to jail?

I have been charged with a drink-driving offence. Does the QLD Alcohol Ignition Interlock Program apply to me?

Private Investigators in Criminal Matters

Mental Health Defences and the Mental Health Court

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