16 October

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Defence of Duress in Queensland

What is the defence of duress? Section 31 of the Criminal Code 1899 (Qld) provides for the defence of duress. In certain circumstances, a person is not criminally responsible for an offence if they can show that they were ‘forced’ to commit an offence by another person. In Queensland, this defence is also referred to as ‘compulsion’. What must be proven to establish duress? An act is not unlawful if it was reasonably necessary to resist actual (and unlawful) violence threatened to the defendant, or another person in their presence. It can also be established if the defendant can show that they committed the offence because: ...

15 October

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Preparing for Your Guilty Plea – the Benefits of Character References

Posted by Sabine Keenan

in Criminal Law & Offences, Uncategorised

If you are pleading guilty to a criminal charge in the Magistrates Court in Queensland, you will have the option of providing character references to the court as part of your submissions. You are not obliged to present a reference. Nor will failing to provide one be held against you. However, they can prove beneficial to the outcome of your matter. Providing good references may assist your lawyer in highlighting positive aspects of your character, your relationships and your circumstances. Furthermore, in circumstances where your offending could be seen as ‘out of character’, references can help to distinguish you, as a person, from...

09 October

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Changes To Queensland Law Regarding The Publication (And Non-Publication) Of Names Of Defendants Charged With Sexual Offences

Posted by Mark Williams

in Criminal Law & Offences

Introduction The Justice and Other Legislation Amendment Act 2023 is dramatically changing the law that applies to the publication of the names of people charged with certain types of sexual offences. The legislation will take effect from 3 October 2023. Section 7 of the Criminal Law (Sexual Offences) Act 1978, deals with the naming of individuals accused of “prescribed sexual offences”. The Queensland government is seeking to reshape the way the Court system deals with sexual allegations in a way that will affect both defendants and complainants. Under the changes, people accused of sexual offences will be publicly identified unless they are granted...

02 October

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I’ve never been in any trouble before, but I have just been charged with a criminal offence. What are 5 things I need to know?

Posted by Erin Mitchell

in Criminal Law & Offences

It can be very daunting the first time you are charged with an offence. We appreciate that when you have never been through the process before, there are probably a thousand and one questions going through your head, that you are stressed and need some guidance. Our lawyers are here to help you. In the meantime, we have answered five of the most common questions below. 1. Should I give a police interview (also known as a record of interview)? If a person has the opportunity to call a lawyer before they speak to Police or participate in a record of interview, they may...

26 September

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Effective Representation Results in Favourable Outcome: Client Receives Minimal Penalties for Drug Driving Offence in Rockhampton

Posted by Mark Williams

in Criminal Law & Offences

Introduction At Potts Lawyers, we take pride in providing top-notch legal representation to clients facing various criminal charges. In a recent case, our client was charged under section 79 of the Transport Operations (Road Use Management) Act 1995 for drug driving in Rockhampton. With the expertise of our experienced lawyer Mark Williams, we successfully advocated for our client's rights and secured a favourable outcome in the Rockhampton Magistrates Court. Effective Representation by Mark Williams Our dedicated lawyer, Mark Williams, was assigned to handle our client's case. With a deep understanding of traffic laws and years of experience in criminal defence, Mark diligently examined the evidence, identified...

19 September

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Offences: High-Range Drink Driving (0.270 BAC%)

Posted by Billy Gee

in Criminal Law & Offences

Solicitor: Billy Gee Court: Southport Magistrates Court Date: 2022 The Charges Our office was approached by our client, a distressed woman who had recently been charged with the serious offence of High Range Drink Driving after having produced a reading of 0.270 BAC%. Mr. Billy Gee of our office conferenced with the client, walking her through her background, the offence, and the Court process and likely outcome. Amongst her chief concerns were the period of disqualification, as well as the effect a recorded conviction might have on her employment. The Situation She worked for Queensland Health and was concerned that a recorded conviction may impede her ability...

13 September

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Youth crime crackdown and how it can impact child offenders

Posted by Colleen Battersby

in Criminal Law & Offences

Background On 22 March 2023, the Strengthening Community Safety (‘SCS’) Act 2023 came into effect amending the youth justice sentencing frameworks. Collectively, the aim of the amendments to the youth justice laws is to strengthen community safety, despite strong opposition from human rights campaigners and experts who warned that this would result in more children being incarcerated. What are the amendments and what do they mean for young offenders? Amendments have been made to the Youth Justice Act 1992 and other legislation which impact the bail and sentencing frameworks for young offenders. How do I apply for bail as a young offender? Bail may be...

08 September

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Skilled Representation Mitigates Sentence: Client Receives Lower Imprisonment Term for Privacy Breach and Child Exploitation Charges in Brisbane

Posted by Mark Williams

in Criminal Law & Offences

Introduction At Potts Lawyers, we are dedicated to providing exceptional legal representation to clients facing complex criminal charges. In a recent case, our client faced three charges under sections 227A and 228B of the Criminal Code 1899 for Recording in Breach of Privacy and Making Child Exploitation Material in Brisbane. With the expertise of our experienced lawyer and Director Mark Williams, we diligently advocated for our client's rights and achieved a favourable outcome in the Brisbane District Court. Effective Representation by Mark Williams Our highly skilled lawyer and Director Mark Williams was entrusted with handling our client's case. With extensive knowledge of criminal law and a...

05 September

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Civil Aviation Safety Authority and Disclosure of an Aviation Security Relevant Offence

Posted by Chris Korbel

in Litigation

Introduction The Civil Aviation Safety Authority regulates, among other things, holders of aviation licenses (such as the different types of pilot licences). The Civil Aviation Safety Authority has regulatory powers under numerous legislation and is considerably more complex than other areas of law. Holders of aviation licenses have disclosure obligations upon being convicted of an ‘aviation security relevant offence’. It is important that if you are a holder of an aviation licence you are not only aware of this obligation but that penalties may apply if you fail to comply with this obligation. This article will explore an aviation licence holder’s obligation to...

04 September

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Department of Home Affairs, AusCheck and Disclosure of an Aviation Security Relevant Offence

Posted by Chris Korbel

in Litigation, Uncategorised

Introduction The Department of Home Affairs has a branch called ‘AusCheck’ which regulates and monitors the compliance of people who hold an Australian Security Identity Card. This is a complex and technical area of law as there are numerous pieces of legislation which apply. Persons who hold an Australian Security Identity Card have disclosure obligations to AusCheck upon being convicted of an ‘aviation security relevant offence.’ This article will explore an aviation licence holder’s obligation to disclose an aviation security-relevant offence to AusCheck of the Department of Home Affairs. Most holders of an Australian Security Identified Card also hold a licence with Civil...

Defence of Duress in Queensland

Preparing for Your Guilty Plea – the Benefits of Character References

Changes To Queensland Law Regarding The Publication (And Non-Publication) Of Names Of Defendants Charged With Sexual Offences

I’ve never been in any trouble before, but I have just been charged with a criminal offence. What are 5 things I need to know?

Effective Representation Results in Favourable Outcome: Client Receives Minimal Penalties for Drug Driving Offence in Rockhampton

Offences: High-Range Drink Driving (0.270 BAC%)

Youth crime crackdown and how it can impact child offenders

Skilled Representation Mitigates Sentence: Client Receives Lower Imprisonment Term for Privacy Breach and Child Exploitation Charges in Brisbane

Civil Aviation Safety Authority and Disclosure of an Aviation Security Relevant Offence

Department of Home Affairs, AusCheck and Disclosure of an Aviation Security Relevant Offence

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