Our experienced criminal law solicitors have prepared a brief overview of the law relating to Hindering Removal of Fortification Order.
If you or someone you care about is facing a Hindering Removal of Fortification Order allegation, you need specific advice and should contact Gatenby Criminal Lawyers on 55800120 for advice.
For more information on other OMCG charges, visit our OMCG & SERIOUS OFFENCES HOMEPAGE.
Hindering Removal of Fortification Order – The Law
Section 75 of the Peace and Good Behaviour Act 1982 creates the offence of Contravening Restricted Premises Order
A person who does an act or makes an omission with intent to hinder any of the following commits a misdemeanour—
(a) the removal or modification of a fortification under a fortification removal order;
(b) the taking of enforcement action.
“hinder” includes prevent, obstruct, interfere with and delay.
Section 75 Peace and Good Behaviour Act 1982
Elements of the offence
To be found guilty of the offence of Hindering Removal of Fortification Order the prosecution is required to prove, beyond a reasonable doubt, the following elements:
- That a Fortification Removal Order was granted;
- The person does and act or makes an omission
- With intent to hinder the removal or modification of a fortification.
- The maximum penalty for the offence of Hindering Removal of Fortification Order is 5 years imprisonment
Jurisdiction – Where will the matter be heard?
The offence of Hindering Removal of Fortification Order is a misdomeaner. The matter will be heard in the Magistrates Court of Queensland.
Conviction – Does a conviction have to be recorded?
The sentencing Court has a discretion whether or not to record a conviction against you for the offence of Hindering Removal of Fortification Order. Generally a conviction would not be recorded for this type of offence, if it was a first offence and the possession was not for a commercial purpose. The relevant factors are set out in section 12 of the Penalties and Sentences Act 1992. If you are concerned about a conviction being recorded you should seek legal advice.
For legal advice specific to your matter, you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.
OMCG & SERIOUS CRIME BLOGS
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