A number of clients have raised concerns about Covid-19 Court arrangements for their court matters following the announcement by the Premier that Southeast Queensland is in a three day lockdown commencing tonight at 6:00pm. If you have any questions, please call our office on (07)55800 120 and we will answer them for you. Below we provide a brief overview of the Covid-19 court arrangements. Our office: We are an essential service and will remain open for court appearances especially Bail Applications. We will be available for phone conferences or video conferences. Our office utilises end to end encrypted software for …

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Queensland police have the power to intercept motorists for “random breath tests”.  They are looking to determine the quantity of alcohol in your breath or blood.  The reading is expressed as a percentage of your alcohol in your blood.  That is a BAC of 0.05 means that for every 100 millilitres of blood in your body you have 50 milligrams of alcohol. BAC Limits In Queensland there are four alcohol limits.  The limits are used to determine the action police can take if you are caught drink driving.  From immediate suspension or cancellation of your licence to forfeiture of your …

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This week the Court of Appeal President, Margaret McMurdo announced her intention to resign her position effective 26 March 2017.  Her Honour has been a judge in Queensland for more than 25 years, since becoming the first woman appointed to the bench of the District Court in 1991.  Her Honour’s appointment as President of the Court of Appeal, saw her the the first woman to preside over an appellate court in Australia Justice McMurdo is a Companion of the Order of Australia and was awarded a Centenary Medal in 2003. After being admitted to the bar in 1976, she spent time …

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Barbaro & Zirilli is a 2014 High Court Decision which effectively brought to an end the practice of Prosecutors providing the Court with an appropriate sentencing range.  Until 2014 it was usual for the prosecution to provide the Court with assistance not only as to the facts of a sentence but also with a range that the Crown considered appropriate for the offending. The case itself involved conspiring to traffic a commercial quantity of MDMA, trafficking a commercial quantity of MDMA and attempting to possess a commercial quantity of cocaine. The accused men, Mr Barbaro and Mr Zirilli agreed to …

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Brisbane Office Now Open. We are pleased to announce the expansion of Gatenby Criminal Lawyers to the Brisbane CBD, with the opening of the Eagle Street Offices. Brisbane Criminal Defence Lawyers. Set to accommodate the demand for quality Brisbane Criminal Defence Lawyers, the team has taken their boutique criminal law firm to the Brisbane CBD. The move follows on from the success of the Gold Coast Office, and sees Gatenby Criminal Lawyers establishing a permanent presence in the states capital.   The move will provide greater access to the State’s Supreme Court as well as the Court of Appeal. Contact …

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New Chief Justice Sought Gold Coast criminal lawyers have long sought the introduction of regular sittings of the Supreme Court at Southport.  While the current Chief Justice has arranged for a number of sentences to be conducted at the Southport Court precinct, Gold Coast criminal lawyers will undoubtably be agitating for a permanent Supreme Court, when the new Chief Justice is announced. Governor General Appointment. With the appointment of current Chief Justice, Paul de Jersey Queensland’s next Governor General, the hunt is on for the person who will fill his robes.   To facilitate a smooth transition, the new Chief Justice …

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It is an important sentencing principle that parity exist in sentences imposed for like offences.  In a diverse state such a Queensland, with three levels of Courts; Magistrates, District and Supreme, there needs to be an overriding set of guidelines to ensure that sentences imposed upon offenders are consistent.  The Penalties and Sentences Act sets out the parameters within which the courts must operate. The legislation does this by setting out the purpose of imposing sentences and then establishes the principles that the Court is to apply in achieving those purposes. The purpose of imposing a sentence can be classified …

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21 Aug

OFFENDER LEVY

Defendants found guilty of offences in the Supreme, District and Magistrates Courts will pay an offender levy with recent amendments to the Penalties and Sentences Act 1992 (“the Act”). The levy will apply as follows: Supreme Court       $300.00 District Court          $300.00 Magistrates Court    $100.00 This levy will apply to all adult offenders; there are no exceptions regardless of the nature of the offence or the offender’s personal circumstances. The offender levy is automatically imposed at the conclusion of sentencing as an administrative levy and is in addition to any other sentence imposed. The levy must …

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