Laws Archives - Gatenby Criminal Law

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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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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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 …

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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 …

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10 Apr

Serious Violent Offender Review.

The Palaszczuk Government has directed the Queensland Sentencing Advisory Council (QSAC) undertake a review and provide recommendations concerning how serious offenders are sentenced in Queensland. The Serious Violent Offence (SVO) scheme operates under the Penalties and Sentences Act 1992 and applies to offenders who have been sentenced for a range of serious offences. Once a person is declared to be convicted of an SVO, they are not eligible for parole until they have served the lesser of either 80 per cent of their sentence or 15 years imprisonment. The Attorney said that consultation would be undertaken with key stakeholders as part …

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18 Jan

New Gel Blaster Laws for Queensland

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 …

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18 Aug

Possession of a Weapon in a Public Place – Mandatory minimum penalties.

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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19 Jul

Drug-Related Deaths at Festivals Prompt an Important Coronial Inquest

Qld government plans to introduce new laws charging drivers $1000 for being on their phone Drug-Related Deaths at Festivals Prompt an Important Coronial Inquest The death of six young New South Wales residents has prompted a coronial inquest to scrutinise the circumstances surrounding their deaths. The tragic deaths are all said to be in relation to drug consumption at music festivals. Particular issues expected to be raised by a final report include: The benefits of pill-testing; Whether over-policing has a negative affect; and Whether sufficient medical support is available at festivals. Alex Ross-King Alex Ross-King, a 19 year old girl, …

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01 Jul

Qld Premier Intends to Fine Distracted Drivers $1000 for Using a Phone While Driving

Qld government plans to introduce new laws charging drivers $1000 for being on their phone The Queensland government plans to introduce a fine of up to $1000 for drivers who are caught using their mobile phones while driving. Currently, the penalty for being on your phone while driving in Queenslandd is $400 and 3 demerit points. The government’s intended increase is in response to the shockingly high number of road deaths in recent months. Whilst there has long been a government crackdown on drink driving, officials believe that distracted drivers are also a major danger on our roads and that …

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12 Jun

Revenge Porn

You would know that physically abusing your significant other would result in criminal charges, but the recent amendments to the Criminal Code in 2018 now include laws about the non-consensual sharing of intimate images or ‘revenge porn’. But my girlfriend sent me the photo consensually Break-ups are never easy and in the era of social media, it isn’t unusual for the break-up to be made unnecessarily public. It is not a crime to send an explicit photograph to your partner, or even to receive that photograph (assuming your partner is over the age of 16 years). If the photograph is …

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