Search Results for: penalty unit

It's just a drink driving offence, I can't go to jail. Can I?

Most motorists pleading guilty to their first drink driving charge will receive a fine and a loss of their licence.  It is however open for the Magistrate to impose an actual period of imprisonment, especially where it is a repeat drink driving charge. For some drink driving offences, the law says that the court must impose, as the whole or part of the punishment, imprisonment. Sentence When you enter a plea of guilty to a traffic matter the Magistrate must decide, not only the length of your disqualification, but also whether you will be fined, given a community based order or sentenced to a period …

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Domestic & Family Violence Protection Bill 2016

DV LAW SET TO BE STRENGTHENED AND PENALTIES INCREASED. Domestic Violence Law On 16 August 2016, the Minister for Child Safety and Minister for the Protection of Domestic and Family Violence introduced the Domestic and Family Violence and other Legislation Amendment Bill.  When introducing the new Domestic Violence Law the minister noted that during 2016, there had been 9 coronial investigations into the deaths that had occurred in domestic or family relationships in Queensland. It was said that the purpose of the amendment was to: Better protect and support victims of Domestic and Family Violence; Hold perpetrators of Domestic and Family Violence …

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Penalty Unit set to rise from $117.80 to $121.90

On 28 April 2016 the Governor approved the Penalties and Sentences Amendment Regulation (No.1) 2016(the PSR Amendment). It commences on 1 July 2016 and amends the Penalties and Sentences Regulation 2015 (the PSR) to prescribe a new penalty unit value of $121.90 From 1 July 2016, penalty unit values will increase from $117.80 to $121.90.

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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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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Safe Night Out Legislation Amendment Bill

The Safe Night Out Legislation Amendment Bill is part of a Queensland Government strategy aiming to restore responsible behaviour, stamp out alcohol and drug-related violence and ultimately ensure Queensland’s nightlife is safe for all. The Safe Night Out Legislation Amendment Bill is an Act that amends other legislation in order to achieve this objective. This legislation sees an increase in policing powers, and introduces new penalties and compulsory community service orders. This reform aims to amend the Criminal Code by: Creating a new offence of Unlawful striking causing death (section 302A). This section will be added directly after Murder (section 302) …

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Increased Penalty For Unlicensed Driving

Amendments to the Transport Operations (Road Use Management) Act 1995 will increase the penalty for unlicensed driving where a person has never held a driver licence. Current Law Pursuant to section 78 of the Transport Operations (Road Use Management) Act 1995, A person must not drive a motor vehicle on a road unless the person holds a driver licence authorising the person to drive the vehicle on the road. Maximum penalty— (a)  if the person committed the offence while the person was disqualified, by any court order, from holding or obtaining a driver licence—60 penalty units or 18 months imprisonment; or …

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When do I have to provide police with a traffic crash report?

Current Law. The Driver of a motor vehicle is required to furnish a traffic crash report to police as soon as possible to the nearest police station. Section 92 of the Transport Operations (Road Use Management) Act 1995 and section 287 of the Queensland Road Rules require drivers involved in crashes and other incidents that result in more than $2 500 damage to report those incidents to police. Drivers must also report to police if a person is injured or killed in the crash or a motor vehicle involved in the crash needs to be towed from the scene. Maximum …

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Criminal Law Amendment Bill 2014

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 …

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Disqualified Driving Sentence

Mollie Roper obtained an exceptional result for this mornings disqualified driving sentence.  Our client was charged with one count of disqualified driving and another count of disqualified driving whilst intoxicated.  The second offence was committed in the same week and while on bail for the original offence. Our client was originally disqualified from driving for a high range drink drive charge. Generally, for offending of this type a community based order and/or a period of imprisonment would be imposed. After hearing extensive submissions made by Ms Roper the Magistrate sentenced the client to: A fine; and The minimum mandatory periods …

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