Michael Gatenby, Author at Gatenby Criminal Law

04 Sep

Show Cause Bail Application

Re PZX [2024] QSC 186, is a decision of Chief Justice Bowskill, that considers the interplay between section 552BA of the Criminal Code and sections 9 and 16(3) Bail Act Qld 1980. Importantly, the court was called upon to determine whether the applicant was in a ‘show cause position’ given that he was already on bail for what the Crown alleged were, indictable offences. The court needed to determine whether the show cause provision was enlivened in circumstances where the earlier indictable offences were capable of summary disposition pursuant to the requirements of section 552BA of the Criminal Code. FACTS …

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26 Jul

New Pill-Testing Service at Schoolies on the Gold Coast: Ensuring Safe Celebrations

Confidential and Free Pill-Testing at Surfers Paradise This year, Schoolies attendees in Surfers Paradise will have access to a new, confidential, and free pill-testing service. This follows the tiered approach to police drug diversions for minor drug possessions. The Police Powers and Responsibilities and Other Legislation Amendment Bill 2023 amended the Penalties and Sentences Act and Police Powers and Responsibilities Act Addressing Rising Drug Use Among Young Women Recent findings from the National Drug Strategy Household Survey reveal a concerning rise in drug use among young women aged 18 to 24, who are now taking illicit drugs at the same …

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20 May

Understanding the Penalties and Sentences (Penalty Unit Value) Amendment Regulation 2024

Introduction On July 1, 2024, a significant change will take place regarding the prescribed monetary value of penalty units in Queensland. This adjustment, outlined in the Penalties and Sentences (Penalty Unit Value) Amendment Regulation 2024, aims to increase the penalty unit value, thereby maintaining the deterrent and punitive effects of fines and infringement notices. This blog will break down the amendment, its purpose, and its implications for residents and businesses in Queensland. What is a Penalty Unit? A penalty unit is a standard measure used to calculate fines for various offences. Instead of legislating specific dollar amounts for fines, laws …

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31 Oct

Adapting to the New Legal Landscape – The Implications of the Criminal Code (Serious Vilification and Hate Crimes) Amendment Act 2023

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 …

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09 Jul

Expanding Roadside Drug Driving Cocaine-Related Offenses

Cocaine to be included in Drug Driving Testing In response to the rising number of serious crashes, the Queensland Government has expanded its highly successful roadside drug testing program to include testing for cocaine. The inclusion of cocaine in the program aims to detect dangerous drivers and keep them off the state’s roads. Drivers on Queensland roads can be charged with an offence of driving while a relevant drug is present even if their driving is not impaired by the drug. With a zero-tolerance approach to drug driving, Queensland has implemented tough penalties for offenders, including license disqualification, fines, and …

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03 Jul

Deterrence and Accountability: 7.7% increase to penalty unit

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 …

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26 May

Case Summary – Reasonable apprehension of bias

The High Court handed down an important decision on reasonable apprehension of bias in the matter of QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 15. Apprehended apprehension of bias is said to arise where “a fair-minded lay observer might reasonably apprehend that the judge might not bring an impartial mind to the resolution of the question the judge is required to decide” Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 at 345. Facts QFM was a citizen of Burkinsa Faso. He was sentenced to a term of 10 years imprisonment for a …

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23 May

Reduced Fee for Learner Driver Licenses

In a move to alleviate the financial burden on Queenslanders, the Transport Legislation Amendment Regulation (No. 2) 2023 has brought about a significant change regarding learner driver licenses. As of 1 March 2023, the fee for granting or renewing a learner driver license has been reduced to $75.00. This reduction reflects the Queensland government’s recognition of the ongoing cost of living pressures . The Amendment Regulation ensures that this reduced fee will continue to apply to learner driver licenses issued on or after 1 July 2023 and throughout the 2023-24 financial year. Learner License Affordability and Accessibility: Obtaining a learner …

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