The recent enactment of the Criminal Code (Serious Vilification and Hate Crimes) and Other Legislation Amendment Act 2023 brings significant changes to the legal landscape, introducing a new offence under section 52D of the Criminal Code. Additionally, the legislation creates a circumstance of aggravation to existing prescribed charges, which increases the maximum penalty and the jurisdiction that the matters can be resolved. Understanding the Hate Crime Circumstance of Aggravation: The most notable change introduced by the amendment is the creation of a “circumstance of aggravation” associated with existing prescribed charges. This circumstance of aggravation carries a range of implications for …
Continue reading “Adapting to the New Legal Landscape – The Implications of the Criminal Code (Serious Vilification and Hate Crimes) Amendment Act 2023”
On 1 July 2023, the monetary value of a penalty unit increased from $143.75 to $154.80, with the implementation of the Penalties and Sentences (Penalty Unit Value) Amendment Regulation 2023. This amendment seeks to increase the prescribed monetary value of the penalty unit under the Penalties and Sentences Regulation 2015. The stated objective is to ensure that fines and infringement notices remain effective as deterrents and punishments for various offences. The Purpose of the Penalty Unit Value Regulation The primary purpose of the Penalties and Sentences (Penalty Unit Value) Amendment Regulation 2023 is to raise the monetary value of the …
Continue reading “Deterrence and Accountability: 7.7% increase to penalty unit”
A sentence is the final stage of a criminal proceeding where a court determines the penalty or punishment to be imposed on a person who has been found guilty of a criminal offence. In Queensland, most criminal cases are heard in the Magistrates Court. It is important to understand what happens at a Magistrates Court sentence. When a person is found guilty of a criminal offence in the Magistrates Court, the matter is often adjourned to a later date for sentencing. At other times the matter may be listed for a sentence or lengthy plea. At the sentencing hearing, the …
Continue reading “What happens in a Magistrates Court Sentence?”
In Queensland Police Service v Pitt [2021] QMC 4, Mr Pitt was charged with possess knife in a public place. The issue was whether the hunting knifes were physically possessed by the accused. If so did Mr Pitt have a reasonable excuse 48 hours later. Ultimately the Court found in favour of the accused. FACTS Police formed a suspicion that there may be drugs within the Defendant’s car. The driver and two passengers were detained for a search. Police located two knives in a sheath. They were in a position between the two seats in the cabin of the utility, in …
Continue reading “Possess knife in a public place – case note”
New Penalty Unit Value From today, 1 July 2021, the monetary value of the penalty unit under the Penalties and Sentences Act 1992 (PSA) will increase to $137.85. This new value applies to sections 5(1)(a)(i), (c)(i) and (e)(i) of the PSA. This is an increase of 3.3% in accordance with the indexation mechanism prescribed in section 5A of the PSA. This is an increase of 3.3% from 2020’s $133.45 Penalty Unit Calculation Maximum penalties for criminal and statutory offences are prescribed as penalty units rather than a prescribed dollar amount. For more CLICK HERE to read our 14 May 2020 article. Disclaimer …
Continue reading “Penalty Unit Increase”
In R v ZB [2021] QCA 9, the Court of Appeal, was required to consider an appeal against the recording of a conviction for an offence of possession of child exploitation material. Ultimately the Court found in favour of the Applicant, determining that the consequences of a recorded conviction would adversely affect the offender and the community. FACTS The applicant pleaded guilty to one charge of the possession of child exploitation material. police located 98 images depicting child exploitation material, 51 of which were still accessible. About one half of the images were in category one images. The Applicant participated in an electronic record …
Continue reading “Case Note – Convictions in Child Exploitation Sentences.”
In Murray v Commissioner of Police [2021] QDC 48, the Court was required to consider whether the Applicant had demonstrated that it was appropriate to remove an absolute licence disqualification imposed for an offence of Dangerous Operation of a Motor Vehicle. FACTS On Christmas Day 2016, the applicant had been drinking heavily during the course of the day. At about 4.30pm that day, it was decided that he and others would go to another address in Springwood. The applicant ordered an Uber driver for one of his companions, but drove himself. He drove a distance of about five kilometres. He was …
Continue reading “Removal of licence disqualification”
The number of replica firearms owned in Queensland has increased greatly since 2017, owing to the rise in popularity of ‘gel blasters’. These devices are only lawful in Queensland and South Australia and while the Gel blasters are intended as fun and cause negligible harm, they often closely resemble real firearms. It is this resemblance to firearms that has from time to time caused alarm to members of the public. Gel blasters look identical to various handguns, shotguns and rifles from around the world. The colour, size and detail of these gel blasters make it difficult for anyone to note the …
Continue reading “New Gel Blaster Laws for Queensland”
Our experienced criminal law solicitors have prepared a brief overview of the law relating to weapons in Queensland. If you or someone you care about is facing a charge of conduct involving a weapon in public, you need specific advice and should contact Gatenby Criminal Lawyers on 5580010 for advice. What is the Law? 2) A person must not, without reasonable excuse, carry a weapon exposed to view in a publice place. 3) A person must not, without reasonable excuse, carry in a public place a loaded firearm or a weapon capable of being discharged. 4) A person must not, …
Continue reading “Conduct Involving a Weapon in a Public Place”
“A person must not physically possess a knife in a public place or a school, unless the person has a reasonable excuse.” Our experienced criminal law solicitors have prepared a brief overview of the law relating to weapons in Queensland. If you or someone you care about is facing a charge of possessing a knife in public, you need specific advice and should contact Gatenby Criminal Lawyers on 5580010 for advice. What is a ‘Public Place’? A public place is defined as any place or premises that a member of the public can access. This can include vehicles in public …
Continue reading “Possession of a Knife in a Public Place or a School”
