Category: Uncategorized

06 May

Criminal Law – Choking

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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07 Dec

Consorting Notices after R v Barbaro [2019] QCA 286

The Court of Appeal this morning clarified the position on official notices issued as part of Queensland’s Consorting Laws.   Following the March 2019 decision of Southport Magistrate, Kerry Magee in Queensland Police Service v Harley Joe Barbaro [2019] QMC 1 the Attorney-General for the State of Queensland referred 2 questions to the Court of Appeal for consideration. Effectively the Court of Appeal determined by majority that: police do not need to issue a separate warning for each stated person and can include multiple offenders on the one notice. Even if one of the stated persons on an official warning for consorting …

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31 Oct

Queensland Police Service V Harley Joe Barbaro [2019] QMC 1

Following a two day hearing in the Southport Magistrates Court, Harley Barbaro was found not guilty of Habitually Consorting contrary to section 77B of the Criminal Code of Queensland. The not guilty verdict highlighted a number of errors in the approach of the Queensland Police towards consorting notices. Facts of the case On the 23 July 2017 Detective Sergeant Toni Lewis hand delivered to the defendant, a document titled “Official Warning for Consorting under section 53 BAC of the Police Powers and Responsibilities Act 2000.” Below that official warning were the photographs names and dates of birth of fifteen persons, three of …

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24 May

Ross v Commissioner of Police [2019] QCA 96

Section 205A of the Criminal Code was introduced following the introduction of the 2016 Serious and Organised Crime Legislation Amendment Act. The decision of Ross v Commissioner of Police [2019] QCA 96, outlines the approach the Court of Appeal has taken to sentencing for this offence. The decision indicates that the sentence is to reflect the serious nature of the offence. Ross also provides an overview of interstate sentences for similar offences of contravening orders to access information stored electronically. Facts of the case. On 20 June 2017 police executed search warrants on the Mr Ross’s residence and business address. …

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30 Apr

Court Penalties to Become More Expensive

Gatenby’s Quick Summary: Court penalties are increasing by $3 a unit. While this may not seem like much, fines are often large multiples of units, leading to a significant increase in total penalty. These penalties are for everyone who is sentenced in Queensland. From 1 July 2019, fines in Queensland are set to increase by 2.25%. An appearance in Court will become more expensive with the value of the penalty unit in section 3 of the Penalties and Sentences Regulation 2015 (PSR) is set to increase from $130.55 to $133.45. An appearance in Court will become more expensive with the value of the penalty unit in section 3 of the Penalties and Sentences Regulation 2015 (PSR) is set to increase from $130.55 to $133.45. What is a penalty unit? A penalty unit is a prescribed amount of money that is used to calculate fines …

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02 Dec

Declared Places list amended by Qld Government.

Pursuant to the Criminal Code (Criminal Organisations) Amendment Regulation (No. 3) 2014 the Government has been amended the Declared Places List by removing four addresses.  The following places are no longer declared places: unit 3/37 Caloundra Road, Caloundra West shed 5/85 Hanson Road, Gladstone unit 1/26 Rowland Street, Slacks Creek 81 Ingham Road, West End.  

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02 Jun

Legal Aid Cuts Foreshadowed in Federal Budget

The funding assigned to Legal Aid has been slashed by another $15 million in the Federal Budget released last week. This has caused significant outrage among sectors of the community who lament the further cuts will erode basic human rights and result in a higher instance of justice being miscarried. The Law Council of Australia had said an additional $80 million in funding was required not a reduction of $15 million. Law Council of Australia President, Mr Michael Colbran OC, said the $15 million in cuts to legal aid announced will have a significant impact on the already chronically under-funded …

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