Category: Youth Justice

10 Mar

Case Note – When disability is not a mitigatory factor.

The Court of Appeal in R v Newman (a pseudonym) [2021] QCA 13, considered whether a defendant’s personal circumstances, including a disability, operates as a mitigating or aggravating factor or has no substantial influence at all. Ultimately the Court held that the relationship between the disability and the offending was of such a nature as to show that the offender is likely to reoffend, and entitled the Applicant to no reduction in sentence. FACTS In March 2018, when the Applicant was 14 years old, he went to Kmart at Wynnum Plaza after school. He loitered there for some time, watching school-aged …

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24 Nov

Schoolies week legal issues can impact your future.

It is that time of year again when school leavers get the chance to celebrate their graduation at the annual ‘Schoolies’ festival. Although we are hopeful that it is a week of fun, laughter and celebration we understand that there may be some schoolies that face legal issues.  Some schoolies week legal issues can have a real and significant impact on your future. With a number of arrests already made over the first part of the week, we are here to provide advice on your rights and possible outcomes of common legal issues you may face. Common ‘on the spot …

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30 Oct

Reforms to Youth Justice Laws Brings Qld in Line With UN Convention

Youth Justice Reforms Queensland’s 17 year old offenders are the only youths in the Country being sentenced outside the youth justice system. By treating 17 year olds as adults in the criminal justice system, Queensland has been inconsistent not only with the rest of the country, but also in breach the United Nations Convention on the Rights of the Child. Under proposed youth justice reforms, 17 year olds are to be considered children.  It is anticipated that all children under the age of 18 year will proceed through the Youth Justice System.  The proposed reforms are hoped to reduce the rate of recidivism by diverting …

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22 Nov

Schoolies Week & Alcohol: What Does the Law Say?

At the commencement of every Schoolies Week there is the inevitable footage of police confiscating alcohol purchased for or on behalf of underage schoolies.  There is the long and lasting debate over what is and is not acceptable behaviour by both schoolies and the parents that “supply” them with alcohol.  What is of some concern is the lack of understanding as to what the law permits. Purchase of Alcohol by Minors. The law is very clear in relation to the sale of Liquor to a minor.  Section 155A of the Liquor Act 1992 relevently provides that: A person must not …

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30 Mar

SAFE NIGHT OUT AMENDMENTS EXPLAINED

We look at the Safe Night Out Legislation Amendment Bill which was passed by the Queensland Government in an effort to reinforce it’s Safe Night Out plan.  The Safe Night Out plan is said to be aimed at stamping out alcohol and drug related violence. This legislation sees an increase in policing powers, and introduces new penalties and compulsory community service orders.  A number of changes have been made to legislation including: Criminal Code 1899; Penalties and Sentences Act 1992; and Bail Act 1980. Criminal Code Amendments There is an introduction of the ‘coward punch’ offence, namely the offence of ‘unlawful striking …

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