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  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 is not a recognised offender the official warning continues to […]
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Abortion Decriminalised in New South Wales In late September, the New South Wales government passed a bill to decriminalize abortion. These NSW laws come just months after Queensland and further regulated the conduct of registered health practitioners who administer abortions. For people in NSW, this means: abortion has been removed from current legislation which previously made it a criminal offence to have or administer one; women are able to have an abortion up until 22 weeks gestation; and, after 22 weeks gestation, women are able to have an abortion if approved by two “specialist medical practitioners”, who include obstetricians or doctors experienced in obstetrics. Conscience Vote This is a […]
Recently, there has been a lot of media attention on Section 24 of the Queensland Criminal Code, especially when talking about criminal allegations of rape. So what is Section 24? Known as the Mistake excuse, Section 24 states that a person who has a mistaken honest and reasonable belief may not be criminally responsible. The above explanation is a simplification of the provision: “A person who does or omits to do an act under an honest and reasonable, but mistaken, belief in the existence of any state of things is not criminally responsible for the act or omission to any greater extent than if the real state of things had […]
Qld government plans to introduce new laws charging drivers $1000 for being on their phone Drug-Related Deaths at Festivals Prompt an Important Coronial Inquest The death of six young New South Wales residents has prompted a coronial inquest to scrutinise the circumstances surrounding their deaths. The tragic deaths are all said to be in relation to drug consumption at music festivals. Particular issues expected to be raised by a final report include: The benefits of pill-testing; Whether over-policing has a negative affect; and Whether sufficient medical support is available at festivals. Alex Ross-King Alex Ross-King, a 19 year old girl, died from a drug overdose at the FOMO Music Festival […]
Qld government plans to introduce new laws charging drivers $1000 for being on their phone The Queensland government plans to introduce a fine of up to $1000 for drivers who are caught using their mobile phones while driving. Currently, the penalty for being on your phone while driving in Queenslandd is $400 and 3 demerit points. The government’s intended increase is in response to the shockingly high number of road deaths in recent months. Whilst there has long been a government crackdown on drink driving, officials believe that distracted drivers are also a major danger on our roads and that “simply not enough is being done.” Gatenby Criminal Lawyers will […]
NSW have introduced new laws affecting punishment for all levels of drink driving offences. The following changes impact NSW drivers: Swift and Certain loss of licence for lower-range offenders Mandatory Alcohol Interlock for mid-range offenders Vehicle Sanctions for high-risk drink drivers Swift And Certain Loss As of 20 May 2019, first-time offenders charged with low-range drink driving may have their licence immediately suspended for a period of 3 months. There is additionally a $561 fine. For repeat offenders and / or higher range offences, the penalties increase from there. This applies to all drivers charged on NSW roads from Monday 20 May 2019. Alcohol Interlock Laws Previously, […]
During the 2018 Gold Coast Commonwealth Games, Queensland Police tried out a new technology with the aim to detect high-profile and target faces. From an internal police report released as a matter of public interest, we now know that the deployment was rushed and there were technical difficulties with the system. Both the Queensland and Federal Government denied important legislation that resulted in the system’s database being reduced by almost 40 million images. With a ~500% reduction in reference images, the facial recognition system was somewhat doomed from the start. Starting with focus on 16 high-priority targets, the system was unable to detect any of said 16. It is currently unclear […]
We are back at work for 2019 and are looking forward to getting the best results for our clients in 2019. Our Principal, Michael Gatenby, has been featured in the Gold Coast Bulletin today commenting on the Consorting Laws. If you have any questions or have been served with a notice please contact our office to make an appointment on 55800120.