Author: Gatenby Criminal Law

12 May

What Is The QP9 Court Brief?

    Facing a criminal charge can be a daunting and bewildering ordeal. We know how crucial it is to understand every facet of the legal process, including the often-misunderstood QP9 ‘Court Brief’. What is the QP9 Court Brief? The QP9 is a document prepared by the prosecution and served on you or your legal representative in Queensland criminal proceedings. It identifies the evidence the prosecution intends to rely on to prove the charges. The evidence may include witness statements, police reports, photographs, CCTV or Body Worn Camera Footage, and other relevant materials. Named after the Queensland Police Service (QPS) …

Continue reading “What Is The QP9 Court Brief?”

Read full article

16 Mar

Addressing the Missing Piece: Mental Health in the Sentencing Process

Mental health issues can play a significant role in criminal sentencing. Whether you are facing charges or representing a client, it is important to understand the connection between mental health and criminal sentencing. Mental Health Issues in Criminal Cases Mental health issues can impact a person’s behavior, judgment, and decision-making abilities. In some cases, mental health issues can lead to criminal behavior. For example, someone suffering from severe depression may commit an act of self-harm or attempt suicide. In other cases, mental health issues can be used as a mitigating factor in criminal cases. For instance, someone with a history …

Continue reading “Addressing the Missing Piece: Mental Health in the Sentencing Process”

Read full article

08 Mar

How to write a letter of Apology to the Court.

If you have been convicted of a criminal offense, you may have the opportunity to write a letter of apology to the court. This letter can be an important step in expressing remorse and accepting responsibility for your actions. Here are five tips to help you write a letter of apology to the court: 1. Be Sincere When writing your letter of apology, it is essential to be sincere. This means taking responsibility for your actions, expressing genuine remorse, and acknowledging the harm you have caused. Avoid making excuses or trying to shift blame onto others. Instead, take ownership of …

Continue reading “How to write a letter of Apology to the Court.”

Read full article

01 Mar

Police Drug Diversion set to be expanded

Queensland’s Police Drug Diversion program is set to be expanded to include minor possession of all types of drugs, with a new tiered approach to smaller quantities of drugs. Tiered Approach to Drug Diversion First minor drug possession offence Police officer issues a warning; and Drug warning notice and police referral to a support service. Second and third minor drug possession offence. Person offered the opportunity to participate in a mandatory Drug Diversion Assessment Program Fourth minor drug possession offence Notice to appear in court. Consistent approach to Drug Diversion with other states and Territories. The expanded drug diversion program …

Continue reading “Police Drug Diversion set to be expanded”

Read full article

28 Feb

Domestic Violence – What is it? and Where to get help.

Domestic violence is a pervasive issue both in Queensland, and throughout Australia. It affects many individuals and families. The Queensland Government has implemented a range of measures to combat domestic violence, including the introduction of specific laws and policies designed to protect victims and hold offenders accountable. Here is an overview of what domestic violence is in Queensland: Definition of Domestic Violence In Queensland, domestic violence is defined as behavior by one person towards another person with whom they have, or have had, an intimate relationship. This behavior can include: physical abuse, emotional abuse, sexual abuse, psychological abuse, as well …

Continue reading “Domestic Violence – What is it? and Where to get help.”

Read full article

25 Feb

Pill Testing Gets the Green Light: What It Means for Queenslanders

The Queensland Government has made a historic decision to allow pill testing services in the state, marking a significant step towards reducing the risks and harms associated with illicit drug use. The new service, which is currently being finalised by the government, will operate at fixed and mobile sites and will chemically test illicit drugs to check for the presence of potentially dangerous substances and chemical compounds. The introduction of pill testing services in Queensland supports a key priority of the state government’s Achieving Balance Plan, which aims to reduce alcohol and drug-related harm and consider additional intervention strategies. The …

Continue reading “Pill Testing Gets the Green Light: What It Means for Queenslanders”

Read full article

24 Feb

Bail Laws in Queensland

Bail is a legal arrangement that allows an accused person to remain free from custody while awaiting trial. In Queensland, the Bail Act 1980 regulates the bail process. Bail is an important legal right that aims to strike a balance between the protection of society and the presumption of innocence of the accused. In this article, we will discuss what is bail in Queensland and how it works. What is Bail? Bail is the temporary release of an accused person from custody while they await their trial. It is granted by a court or a police officer and is a …

Continue reading “Bail Laws in Queensland”

Read full article

22 Feb

What happens in a Magistrates Court Sentence?

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?”

Read full article

08 Feb

New fines introduced at electric charging stations

Electric vehicles are becoming increasingly popular in Queensland, with the state government announcing a target of having 1 million electric vehicles on the roads by 2030. However, with the rise in popularity comes the issue of parking in electric vehicle charging bays, which has led to the introduction of new fines. Queensland drivers who park in an electric vehicle charging bay will be hit with a fine of $55. The fine is aimed at deterring drivers from parking in the bays and blocking access for electric vehicle owners who need to charge their vehicles. The new fine applies to any …

Continue reading “New fines introduced at electric charging stations”

Read full article

Gatenby Criminal Law 8 February 2023
10 May

Legal professional privilege

Legal professional privilege protects communications between clients and their lawyers in the defence of criminal prosecutions. The privilege extends to documents which have come into existence for the dominant purpose of use in legal proceedings. It also extends to communications between lawyers or the client and third parties where they are made in contemplation of litigation and for the purposes of the litigation. In R v McNicol [2022] QSC 67, His Honour, Justice Davis SC outlines the steps a lawyer should undertake where the client has advanced an application to set aside their plea on the basis of the solicitor’s conduct. …

Continue reading “Legal professional privilege”

Read full article