Man Jailed For Unprovoked Attack Over Note On Door

A NEIGHBOUR just wanting peace and quiet was assaulted for his troubles.

And one of the men involved was jailed for his unprovoked attack.

The 46-year-old mine worker had left a note on a neighbour’s door explaining that his partner was ill and that he was on nightshift. Continue reading Man Jailed For Unprovoked Attack Over Note On Door

Serious Prison Assaults Happening Every Three Days

Queensland prisoner is either seriously physically or sexually assaulted in jail every three days, figures from the Department of Corrective Services show.

A Queensland prisoner is either seriously physically or sexually assaulted in jail every three days, government figures show.Between January this year and the end of September, 100 serious assaults were recorded in Queensland jails, working out to one physical or sexual assault every three days.

The targeted inmates needed either overnight hospitalisation or ongoing medical care. Continue reading Serious Prison Assaults Happening Every Three Days

Teen thief hospitalised, victim investigated for assault

Marissa Calligeros | The Brisbane Times
July 4, 2011 – 2:23PM

Teenager allegedly bashed by victim

A teenager winds up in intensive care after allegedly being chased and bashed after trying to break into the garage of a Nerang home.

A leading criminal defence lawyer says it unlikely a teenager who chased down a younger teen after catching him trying to steal his pushbike will be charged.

However, his victim may face criminal charges over the botched break in.

The 13-year-old boy is in a stable condition in hospital after being caught trying to break into the garage of a Nerang house to steal a pushbike about 10pm on Friday alongside two friends, police said.

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The trio were disturbed by a 16-year-old boy, who then chased them down the street, before catching the younger teen.

The 13-year-old was later taken to the Gold Coast Hospital with serious injuries, but his condition has since stabilised.

Gold Coast lawyer Bill Potts said there was a clear line between self-defence and retribution, but the 16-year-old may escape criminal charges, as he is considered a juvenile under Queensland law.

“If an adult had done the same thing he would very swiftly find himself arrested for assault,” he said.

“The court and the law requires that people only use reasonable force. It does not entitle us or enable us to inflict harm on people.”

Mr Potts warned that residents can only physically defend their property as far as the driveway or back fence.

“The criminal code makes it very clear that people are entitled to defend their own property to the extent that it is reasonably necessary,” he said.

“If someone has invaded your house in the middle of the night then you can use sufficient force to repel them, to disenable them and get them away from your property.

“The duty of any person in those circumstances is to report it to call the police, perhaps follow them to identify them, but under no circumstances is it justified to effectively assault someone once the need to the defend the property and themselves is over.

“The idea of an eye for an eye and a tooth for a tooth is the rule of the jungle, it’s not the rule for Queensland.”

A police spokesman said officers from the Gold Coast Child Protection Investigation Unit were investigating an alleged assault.

“We’ve spoken with the boy and his family, but they have not yet made a formal complaint,” he said.

“The CPIU will speak with the family today.”

It is not clear whether the two teens knew each other before the incident.

Mandatory sentencing “over-reaction”

Rebecca Masters | 23rd June 2011

THE Queensland Police Union has made its position clear – if you assault a cop you should go straight to jail, but a leading Gold Coast defence lawyer believes calls for mandatory sentencing are a “massive over-reaction.”

Criminal defence lawyer Bill Potts said mandatory sentences would not only be infringing on a judges sentencing discretion but could also cause the QLD prison population to sky-rocket beyond capacity.

“The recent serious attacks on police are horrendous and will be dealt with accordingly by the courts,” Mr Potts said.

“Mandatory sentencing will not stop assaults.

“This is ridiculous and wrong.”

Mr Potts said police were well armed to defend themselves and that most assaults against officers did not cause serious injury.

“Think it through, a policy like this would have someone automatically sentenced to prison if they resisted arrest or even touched an officer on the arm,” he said.

“The state’s prison population could balloon out of control and costs of prisons escalate.”

Premier Anna Blight and Acting Police Minister Andrew Fraser have stopped short of taking the decision on jail time out of the hands of judges.

“People who assault anybody in our community should face tough penalties and if they assault police officers they should face very tough penalties,” Ms Bligh told reporters on the Gold Coast on Monday.

“Our courts have some of the toughest penalties in Australia and I expect our courts to take those sorts of crimes seriously.”

The union has made the call for mandatory sentences after the fatal shooting of Detective Damian Leeding last month, and an attack where his boss was slashed during a raid on an illegal drug lab on Sunday night.

Detective Senior Sergeant Mark Proctor, who runs the Coomera CIB, escaped serious injury during a raid on a unit when a man allegedly jumped from hiding and slashed his stomach with a broken glass pipe used in the drug lab.

He was treated in hospital on Sunday night and returned to work the following morning.

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