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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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 whom are the persons with whom the defendant has been […]
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.
It is expected that New Zealand’s, Mongrel Mob, will be declared an ‘identified organisation’, under the Serious and Organised Crime Legislation Amendment Act 2016 The declaration comes following purported intelligence gathered by the Police Commissioner advising that there is evidence of Mongrel Mob activity in Queensland. The power to declare the gang an identified organisation is an unfettered discretion of the executive branch and is not the subject of any judicial scrutiny.
On 13 September 2016, the Attorney General, Ms D’Ath presented the Serious and Organised Crime Bill to the Queensland Parliament. The Bill is set to amend and/or replace the 2013 raft of legislation commonly known as VLAD. The legislation is said to be based on the recommendations of the three (3) reviews commissioned by the Government into organised crime: The Queensland Organised Crime Commission or Inquiry 2015; Inquiry ReportReport The Taskforce on Organised Crime Legislation; Taskforce Report The Statutory Review of the Criminal Organisation Act 2009. Statutory Review The Government is at pains to highlight that the Serious and Organised Crime Bill is not aimed solely at so called outlaw motorcycle gangs, but […]
Former Supreme Court Judge, Alan Wilson will head the review of VLAD laws as part an extensive review of organised crime, Attorney-General Yvette D’Ath announced today. The Qld bikie laws were rushed into parliament following the infamous “Broadbeach Brawl”. At the time there was considerable criticism that the laws were over-reaching and had not been subject to the usual scrutiny. This review is expected to recommend changes to a number of key elements of the legislation. Justice Wilson, who retired in March 2015, has enjoyed a distinguished career over more than three decades, Justice Wilson was admitted as a barrister in 1982 and was appointed to the District Court bench in 1998, […]
Bikie Laws amendments to the Liquor Act. The State Government has introduced changes to the Liquor Act 1992. The Government has declared 26 motor cycle gangs as Declared Criminal Organisations. The bikie laws amends the Liquor Act by imposing restrictions on the ability of patrons of liquor licensed premises to wear clothing and other paraphernalia highlighting their affiliation with a criminal motor cycle gang. Declared Criminal Organisation Under the amendments a member of a declared criminal organisation commits and offence if they are wearing a prohibited item on licensed premises. A prohibited item includes an item of clothing or jewellery or another accessory associated with a criminal organisation or other form of […]
New Qld Bikie Laws New Qld Bikie laws have been introduced targeting the illegal activities of criminal gangs in Queensland. The reforms introduce new offences, increased penalties, enhanced powers for Police and the Crime and Misconduct Commission, and stricter bail laws. Liquor Act Changes Changes have been made to the Liquor Act 1992 to prohibit people from entering or remaining on premises, subject to a licence or permit under the Liquor Act, if they are wearing or carrying certain prohibited items (outlined below) which are associated with a declared criminal organisation. It also places obligations on licensees/permittees, approved managers, employees and agents of licensees/permittees that they not knowingly allow anyone wearing or carrying the prohibited […]
Criminal motorcycle gang members will face mandatory jail terms of up to 25 years as part of a range of new and increased penalties to be introduced in Parliament by the Newman Government today. Under our Vicious Lawless Association Disestablishment Bill, criminal gang members convicted of certain offences will be declared ‘vicious lawless associates’ and hit with an extra 15 years mandatory jail time on top of their sentence. A further mandatory term of 10 years will apply if the offender is an office bearer of the criminal organisation. Tattoo parlours will also require licenses from next year. Current and prospective proprietors will need to be fit and proper persons and will undergo […]