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 …
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MB v Queensland Police Service [2020] QDC 325 is an interesting decision that deals with the issue of whether or not the Defendant should be allowed to adduce fresh evidence in his DV appeal. The Magistrate at first instance, recorded a conviction. On appeal, in respect of the recorded DV conviction, the Applicant sought to adduce new evidence from his employer. The DV offending was particularised as being between 27 April 2020 and 29 August 2020. The appellant was sentenced to two years’ probation and ordered to pay compensation in the sum of $611.70. Convictions were recorded on all counts. He …
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A Character Reference should include:- Your full name and occupation. A brief paragraph setting out your background; Details of how long you have known the Defendant and how you came to know the Defendant. That you are aware the Defendant is to attend Court in relation to an offence/s charged. Any comments about the Defendant’s character, in as much detail as needed or giving an example of a situation in which the Defendant’s personality is shown positively. Details of any positive attributes you feel the Defendant has including any community contributions. The Reference should:- Be addressed to “The Presiding Magistrate.” …
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A Character Reference should include:- Your full name and occupation. A brief paragraph setting out your background; Details of how long you have known the Defendant and how you came to know the Defendant. That you are aware the Defendant is to attend Court in relation to an offence/s charged. Any comments about the Defendant’s character, in as much detail as needed or giving an example of a situation in which the Defendant’s personality is shown positivity. Details of any positive attributes you feel the Defendant has including any community contributions. The Reference should:- Be addressed to “The Presiding Judge.” …
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A Character Reference should include:- Your full name and occupation. A brief paragraph setting out your background; Details of how long you have known the Defendant and how you came to know the Defendant. That you are aware the Defendant is to attend Court in relation to an offence/s charged. Any comments about the Defendant’s character, in as much detail as needed or giving an example of a situation in which the Defendant’s personality is shown positivity. Details of any positive attributes you feel the Defendant has including any community contributions. The Reference should:- Be addressed to “The Presiding Judge.” …
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Character Reference Guidelines Character Reference Guidelines – Magistrates Court Character Reference Guidelines – District Court Character Reference Guidelines – Supreme Court Rehabilitation Guide Rehabilitation Brochure Going to Trial Guide Going to Trial – Magistrates Court Going to Trial – District Court Guide to Pleading Guilty Pleading Guilty Proceedings in the Magistrates Court Magistrates Court Proceedings (PDF)
On 30 April 2012, the then Premier of Queensland, Campbell Newman revealed a crack down on weapons offences. His government introduced mandatory minimum penalties for weapons charges. Importantly section 50 of the Weapons Act 1990 was amended to include mandatory minimum sentences for possession of various classes of weapons in a public place. Consequently this regime has seen sentences which have appeared unjust. Queensland Courts have sought to remedy the unfairness by imposing probation orders, particularly for young, first time offenders. There have been conflicting interpretations in both the Magistrates and District Court on this issue. That is to say, does the …
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The Court of Appeal this morning clarified the position on official notices issued as part of Queensland’s Consorting Laws. Following the March 2019 decision of Southport Magistrate, Kerry Magee in Queensland Police Service v Harley Joe Barbaro [2019] QMC 1 the Attorney-General for the State of Queensland referred 2 questions to the Court of Appeal for consideration. Effectively the Court of Appeal determined by majority that: police do not need to issue a separate warning for each stated person and can include multiple offenders on the one notice. Even if one of the stated persons on an official warning for consorting …
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Following a two day hearing in the Southport Magistrates Court, Harley Barbaro was found not guilty of Habitually Consorting contrary to section 77B of the Criminal Code of Queensland. The not guilty verdict highlighted a number of errors in the approach of the Queensland Police towards consorting notices. Facts of the case On the 23 July 2017 Detective Sergeant Toni Lewis hand delivered to the defendant, a document titled “Official Warning for Consorting under section 53 BAC of the Police Powers and Responsibilities Act 2000.” Below that official warning were the photographs names and dates of birth of fifteen persons, three of …
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Section 205A of the Criminal Code was introduced following the introduction of the 2016 Serious and Organised Crime Legislation Amendment Act. The decision of Ross v Commissioner of Police [2019] QCA 96, outlines the approach the Court of Appeal has taken to sentencing for this offence. The decision indicates that the sentence is to reflect the serious nature of the offence. Ross also provides an overview of interstate sentences for similar offences of contravening orders to access information stored electronically. Facts of the case. On 20 June 2017 police executed search warrants on the Mr Ross’s residence and business address. …
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