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) …
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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 …
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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 …
The Attorney General, Shannon Fentiman, announced the appointment of two new Supreme Court Judges, Declan Kelly QC and Kerri Mellifont QC to the Court’s Trial Division. Justice Kelly was called to the Bar in 1993, commenced practice as a barrister in 1994 and was appointed as Senior Counsel in November 2007. His Honour has experience in a wide range of legal practice, including the fields of commercial, equity, trade practices, building and construction, and banking and finance. Justice Mellifont was admitted to the Bar in 1994 and was made Senior Counsel (now Queen’s Counsel) in 2010. Her Honour has experience …
The State Government is today, proposing a strengthening of the Youth Justice laws to “target” repeat offenders. Attorney-General Shannon Fentiman, has indicated that the laws are to be introduced at this months sitting of parliament. Changes to Youth Justice Laws The change follows a number of incidents involved youths around the state in the last two weeks, including the tragic death of of Kate Leadbetter, Matt Field and their unborn child, Miles. Premier Annastacia Palaszczuk said the loss of four innocent lives linked to a spate of senseless crimes would not go unanswered. “It is absolutely heartbreaking (what has happened) …
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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 …
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 trial division of the Supreme Court was called upon to consider whether police officers at a traffic stop had a lawful power to search a car in the case of R v Morrison [2020] QSCPR 19. The facts of that case are that at about 6.50 pm, a police officer observed the applicant’s car exit the car park of the Aspley Hotel. The officer and his partner decided to pull the applicant over for a licence check and a breath test. As the officer was conducting the breath test he noticed at least 10 small clip-seal bags on the front …
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Choking Amendment Bill 2020
The Queensland Opposition introduced the Criminal Code (Choking in Domestic Settings) and Another Act Amendment Bill 2020 on the 20th of May this year. The offence of strangulation was criminalised in Queensland in 2016 following the Not now, not ever report. It has been the subject of some judicial consideration in recent times in relation to the definition of choke, suffocate and strangle. Including definitions in the Code will be helpful to all parties, although the proposed broad definition seems to encapsulate a wide range of offending which captures more than the traditional understanding of choking. In R v HBZ [2020] QCA 73, …
2020 Penalty Unit Value
Penalty Unit Calculation Maximum penalties for criminal and statutory offences are prescribed as penalty units rather than a prescribed dollar amount. For example the maximum penalty for a Public Nuisance offence under section 6 of the Summary Offences Act 2005 is described as ’10 penalty units’. The 2020 penalty unit value is $133.45, such that the maximum penalty for the offence is effectively $1,334.50. In January 2015, the penalty unit value was $113.85 which meant that the maximum fine would have been almost $200 less at $1,138.50. The penalty unit value is able to be increased on a yearly basis …