Gatenby Law
  • Home
  • Our Firm
    • Our Team
    • Our Services
    • Media
    • Work with Us?
  • The Law
    • Drug Offences
    • Criminal Law
      • Assault Offences
      • Property Offences
      • Breach Offences
      • Dishonesty Offences
      • Prostitution Offences
      • Public Order Offences
      • Sexual Offences
      • OMCG and Serious Crime Offences
      • White Collar Offences
    • Traffic Offences
      • Dangerous Driving
      • Careless Driving
      • Disqualified Driving
      • Drink Driving
      • Drug Driving – Driving while relevant drug is present
      • Drug Driving – Drive under the influence of a drug
      • Speeding
      • Unlicensed Driving
      • Hooning Laws
      • Street Racing
    • Licence Applications
      • Work Licence Application
      • Removal of Licence Disqualification
      • Immediate Licence Suspension
      • Special Hardship Order
    • Domestic Violence
    • Police Interviews
    • Bail Applications
  • Contact Us
  • Resources
    • Guides
    • Publications
    • Queensland Police Stations – Contact Details
    • Criminal Convictions
      • Can I ask a Queensland Court for ‘no conviction recorded’?
      • Criminal Record, Recorded Convictions and your rights.
      • Disclosure of ‘no conviction recorded’
      • Applying for a Blue Card with a Criminal Conviction.
  • FAQ’S
    • Costs / Fees
    • Courts We Attend
  • GCL Blog
  • Pages
    • Pages

      • 404
      • About
      • About Gatenby Lawyers
        • Blair Carey
        • Michael Gatenby
        • Work with Us?
      • Alcohol interlock devices
      • Applying for a Blue Card with a Criminal Conviction.
      • Articles & Media
      • Ashleigh Smith
      • Breach of Bail
      • Bree Clarke
      • Brisbane Courts
      • Can I ask a Queensland Court for ‘no conviction recorded’?
      • Character Reference Guidelines – District Court
      • Character Reference Guidelines – Supreme Court
      • CHARACTER REFERENCE GUIDELINES- MAGISTRATES COURT
      • Community Based Orders
      • Community Service – Requirements of Order
      • Consorting – Relevant Offence Definitions
      • Contact Us
      • Contact Us
      • Contact Us / Criminal and Traffic Law Experts
        • Criminal Lawyers Gold Coast
      • Courts We Attend
      • Criminal Convictions
      • Criminal Law – Affray
      • Criminal Law – Aiding Suicide
      • Criminal Law – Assaults Occasioning Bodily Harm
      • Criminal Law – Common Assault
      • Criminal Law – Grievous Bodily Harm
      • Criminal Law – Malicious Acts
      • Criminal Law – Serious Assault
      • Criminal Law Services
        • Bail Applications
        • Criminal Law
          • Assault
          • Breach Offences
          • Dishonesty Offences
          • Property Offences
          • Prostitution Offences
          • Public Order Offences
          • Sexual Offences
          • White Collar Offences
        • Domestic Violence
        • Forms
        • Licence Applications
          • Immediate Licence Suspension
          • Removal of Licence Disqualification
          • Special Hardship Order
        • Police Interviews
        • Traffic Offences
          • Careless Driving
          • Dangerous Driving
          • Disqualified Driving
          • Drink Driving
          • Drug Driving – Drive under the influence of a drug
          • Drug Driving – Driving while relevant drug is present
          • Hooning Laws
          • Speeding
          • Street Racing
          • Unlicensed Driving
          • Work Licence Application
      • Criminal Record, Recorded Convictions and your rights.
      • Demi Quadrio
      • Disclosure of ‘no conviction recorded’
      • Dishonesty Offences – Bringing Stolen Goods into Queensland
      • Dishonesty Offences – Computer Hacking and Misuse
      • Dishonesty Offences – Dealing with Identification Information
      • Dishonesty Offences – Demanding Property with Menaces to Steal
      • Dishonesty Offences – Extortion
      • Dishonesty Offences – Fraud
      • Dishonesty Offences – Money Laundering
      • Dishonesty Offences – Petrol Drive Off
      • Dishonesty Offences – Possess Property Suspected of Being Tainted Property
      • Dishonesty Offences – Receiving Tainted Property
      • Dishonesty Offences – Robbery
      • Dishonesty Offences – Stealing
      • Dishonesty Offences – Stealing as a servant
      • Dishonesty Offences – Unauthorised Dealing with Shop Goods (UTAG)
      • Do I Need A Lawyer?
      • Drug Charges – Permitting Use of Place
      • Drug Charges – Possessing Dangerous Drugs
      • Drug Charges – Possessing Things
      • Drug Charges – Produce Dangerous Drugs
      • Drug Charges – Supplying Dangerous Drugs
      • Drug Charges – Trafficking in Dangerous Drugs
      • Drug Offences
      • EXPERT TRAFFIC LAW ADVICE – (07)55800 120
      • FAQ’S
        • Costs / Fees
        • Forms
      • Fixed Fees
      • Glossary
      • Guides
      • Home
      • Home Page
      • Legal Aid
      • Make an enquiry
      • Media
      • New Client
      • News
      • Offender Levy
      • OMCG and Serious Crime Offences
      • OMCG Laws – Contravene Order to Access Information
      • OMCG Laws – Contravene Public Safety Order
      • OMCG Laws – Contravening Restricted Premises Order
      • OMCG Laws – Habitually Consorting
      • OMCG Laws – Hindering Removal of Fortification Order
      • OMCG Laws – Recruiting person to become member of a criminal organisation
      • Our Firm
      • Our Offices
      • Our Services
      • Our Team
      • Patricija Nedeljko
      • Police Interviews
      • Police Stations We Attend
      • Possess Unregistered Firearms
      • Preparing For Your First Appointment?
      • PROBATION – REQUIREMENTS OF ORDER
      • Property Offences – Arson
      • Property Offences – Break and Enter
      • Property Offences – Burglary
      • Property Offences – Possess Implements of Housebreaking
      • Property Offences – Trespass
      • Property Offences – Unlawful Entry of a Dwelling
      • Property Offences – Unlawful Entry of Motor Vehicle
      • Property Offences – Unlawful Use of a Motor Vehicle
      • Property Offences – Wilful Damage
      • Publications
      • Qld Drug Offences
      • Qld Drug Offences Copy
      • Qld Weapons Offences
      • Queensland Police Stations – Contact Details
      • Services
      • Testimonials
      • Testimonials-01
      • Testimonials-02
      • Weapon Categories
      • What Court Will I Go To?
      • White Collar Offences – Corporate Fraud
June 2, 2014

Criminal Law Amendment Bill 2014

M. T. Gatenby Laws legislation, Sentencing

Reforms included in the Criminal Law Amendment Bill 2014 

The Criminal Law Amendment Bill 2014 sees reform in a number of criminal law areas. The proposed amendments include harsher penalties for various offences and further mandatory sentencing provisions.

The proposals are generally in line with the “Tough-on-Crime” mandate set by the Attorney General and Minister for Justice, Mr Jarrod Bleijie.

The creation of further offences, such as the match-fixing provisions, is in line with provisions currently operating in other State jurisdictions.

It is difficult to extrapolate what impact, if any, these provisions will have on offending as harsher penalties and/or mandatory sentencing provisions have proven to be ineffective historically in many other jurisdictions.

We see serious evidentiary difficulties arising with respect to the new Serious Animal Cruelty provisions and fail to grasp how a Prosecuting authority will satisfy the Court’s that an animal suffered “severe pain or injury” or “prolonged suffering” beyond a reasonable doubt.

The new amendments are as follows:

Mandatory one-year imprisonment for a sex offender who removes GPS bracelet

Section 43AA of the Dangerous Prisoners (Sexual Offenders) Act 2003 will be replaced with a new section that holds a mandatory minimum jail sentence of one year for any sex offender who removes or tampers with their GPS bracelet for the purpose of preventing their location. The one-year imprisonment must be served wholly in a corrective services facility; the maximum penalty is a five-year sentence.

The maximum penalty for procuring child, increased

Section 229G of the Criminal Code Act 1899 deals with procuring engagement in prostitution. Previously the maximum penalty when dealing with a child or a person with mental impairment was fourteen years imprisonment, the new reforms have increased this to twenty years.

Predators convicted of child grooming can be listed as Dangerous Offenders

The new reforms allow the Courts to list a predator convicted of child grooming, as a Dangerous Offender, even if he or she was caught by a police officer pretending to be a child.

New offence of Serious Animal Cruelty

A new offence of Serious Animal Cruelty will be inserted into the Criminal Code Act 1899. This section will see a maximum penalty of seven years imprisonment for any person who intentionally kills, causes severe pain or injury, or causes prolonged suffering to an animal.

Amendments will also be made to the Animal Care and Protection Act 2001 by way of a new section, which will allow the Courts to make an order prohibiting someone who has been charged with an animal welfare offence from purchasing, owning or possessing animals.

New match-fixing offences with high penalties

There are six new match-fixing offences, which will be inserted into chapter 43 of the Criminal Code Act 1899. They are as follows:

  • Engaging in match-fixing conduct
  • Facilitating match-fixing conduct or match-fixing arrangement
  • Offering or giving benefit, or causing or threatening detriment, to engage in match-fixing conduct or match-fixing arrangement.
  • Using or disclosing knowledge of match-fixing conduct or match-fixing arrangement for betting
  • Encouraging person not to disclose match-fixing conduct or match-fixing arrangement
  • Using or disclosing inside knowledge for betting

The above match-fixing offences carry a maximum penalty of ten years imprisonment.

Amendments to Queensland’s double jeopardy rules

More amendments are being made to Queensland’s double jeopardy rules retrospectively, which will allow offenders who got away with serious crimes in the past to be retried if new and compelling evidence emerges.

Online pleas of guilty

The new reforms will see offenders afforded the opportunity to enter a plea of guilty online, for a selection of minor offences that can already be dealt with ex-parte.

This reform has been criticised as “Rubber Stamp Justice”. Those who oppose the move say that it removes the “seriousness” of offending by removing the offender from the physical Court process, thereby failing to sufficiently reinforce the consequences of their conduct.

We note that offenders have been able to enter a plea of guilty in writing with respect to the same type of offences for years, and this reform seems to be aimed at simply bringing this process into the 21st century.

Stealing offence amended

The offence of Stealing will be amended to ensure that penalty applies to an offender who steals property from a declared area under the Disaster Management Act 2003, including when the theft occurs immediately after the declaration ends, to ensure victims are appropriately protected until they return to their property.

Expert witnesses to give evidence via video link

A new section of the Evidence Act 1977 will be inserted under division 3A which establishes a presumption that expert witnesses will give evidence in court via a video link. The court may however still require an expert witness to attend a court hearing and give oral evidence.

Disclaimer

This website contains general information about legal matters.  The information is not advice, and should not be treated as such.  You must not rely on the information on this website as an alternative to legal advice from your lawyer or other professional legal services provider.  You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

For specific legal advice, you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.

Liability limited by a scheme approved under professional standards legislation.

Legal Aid Cuts Foreshadowed in Federal Budget Inquiry into Criminal Activity

Related Posts

Weapons

Laws, Uncategorized

New Gel Blaster Laws for Queensland

Weapons

Cases, Laws, Penalties, Uncategorized

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

Phone Driving

Laws, Legal News

Drug-Related Deaths at Festivals Prompt an Important Coronial Inquest

Contact Details

Office: (07) 5580 0120
Fax: (07) 5580 0952
Michael Gatenby: 0457 999 022

Demi Quadrio: 0477 800 620
Ashleigh Smith: 0477 800 421
Patricija Nedjelko: 0477 800 880

Gatenby Law
Copyright © 2019 Gatenby Criminal Lawyers, All Rights Reserved

News

  • arrested imageAttorney General successfully appeals GBH sentence .
  • WeaponsNew Gel Blaster Laws for Queensland
  • Screenshot (32)Explosive Cross Examination By Gatenby

Southport

Suite 6, Level 2
Excalibur House
52 Davenport St
Southport Qld 4215

Coomera

Suite 3, East Wing
Fortune Place
2 Fortune Street
Coomera Qld 4209

Postal

PO Box 1672
Southport BC 4215