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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 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 …

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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 …

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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 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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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, …

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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 …

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Our experienced criminal law solicitors have prepared a brief overview of the law relating to choking.  If you or someone you care about is facing a charge of choking, you need specific advice and should contact Gatenby Criminal Lawyers on  55800120 for advice. For more information on other criminal charges, visit our Criminal Law homepage.  Choking – The Law Section 315A of the Criminal Code of Queensland creates the offence of choking.  The section provides: (1) A person commits a crime if—  (a) the person unlawfully chokes, suffocates or strangles another person, without the other person’s consent; and (b) either—  (i) the person is …

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