08 Mar

How to write a letter of Apology to the Court.

If you have been convicted of a criminal offense, you may have the opportunity to write a letter of apology to the court. This letter can be an important step in expressing remorse and accepting responsibility for your actions. Here are five tips to help you write a letter of apology to the court: 1. Be Sincere When writing your letter of apology, it is essential to be sincere. This means taking responsibility for your actions, expressing genuine remorse, and acknowledging the harm you have caused. Avoid making excuses or trying to shift blame onto others. Instead, take ownership of …

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01 Mar

Police Drug Diversion set to be expanded

Queensland’s Police Drug Diversion program is set to be expanded to include minor possession of all types of drugs, with a new tiered approach to smaller quantities of drugs. Tiered Approach to Drug Diversion First minor drug possession offence Police officer issues a warning; and Drug warning notice and police referral to a support service. Second and third minor drug possession offence. Person offered the opportunity to participate in a mandatory Drug Diversion Assessment Program Fourth minor drug possession offence Notice to appear in court. Consistent approach to Drug Diversion with other states and Territories. The expanded drug diversion program …

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28 Feb

Domestic Violence – What is it? and Where to get help.

Domestic violence is a pervasive issue both in Queensland, and throughout Australia. It affects many individuals and families. The Queensland Government has implemented a range of measures to combat domestic violence, including the introduction of specific laws and policies designed to protect victims and hold offenders accountable. Here is an overview of what domestic violence is in Queensland: Definition of Domestic Violence In Queensland, domestic violence is defined as behavior by one person towards another person with whom they have, or have had, an intimate relationship. This behavior can include: physical abuse, emotional abuse, sexual abuse, psychological abuse, as well …

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25 Feb

Pill Testing Gets the Green Light: What It Means for Queenslanders

The Queensland Government has made a historic decision to allow pill testing services in the state, marking a significant step towards reducing the risks and harms associated with illicit drug use. The new service, which is currently being finalised by the government, will operate at fixed and mobile sites and will chemically test illicit drugs to check for the presence of potentially dangerous substances and chemical compounds. The introduction of pill testing services in Queensland supports a key priority of the state government’s Achieving Balance Plan, which aims to reduce alcohol and drug-related harm and consider additional intervention strategies. The …

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24 Feb

Bail Laws in Queensland

Bail is a legal arrangement that allows an accused person to remain free from custody while awaiting trial. In Queensland, the Bail Act 1980 regulates the bail process. Bail is an important legal right that aims to strike a balance between the protection of society and the presumption of innocence of the accused. In this article, we will discuss what is bail in Queensland and how it works. What is Bail? Bail is the temporary release of an accused person from custody while they await their trial. It is granted by a court or a police officer and is a …

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22 Feb

What happens in a Magistrates Court Sentence?

A sentence is the final stage of a criminal proceeding where a court determines the penalty or punishment to be imposed on a person who has been found guilty of a criminal offence. In Queensland, most criminal cases are heard in the Magistrates Court. It is important to understand what happens at a Magistrates Court sentence. When a person is found guilty of a criminal offence in the Magistrates Court, the matter is often adjourned to a later date for sentencing. At other times the matter may be listed for a sentence or lengthy plea. At the sentencing hearing, the …

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08 Feb

New fines introduced at electric charging stations

Electric vehicles are becoming increasingly popular in Queensland, with the state government announcing a target of having 1 million electric vehicles on the roads by 2030. However, with the rise in popularity comes the issue of parking in electric vehicle charging bays, which has led to the introduction of new fines. Queensland drivers who park in an electric vehicle charging bay will be hit with a fine of $55. The fine is aimed at deterring drivers from parking in the bays and blocking access for electric vehicle owners who need to charge their vehicles. The new fine applies to any …

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Gatenby Criminal Law 8 February 2023
10 May

Legal professional privilege

Legal professional privilege protects communications between clients and their lawyers in the defence of criminal prosecutions. The privilege extends to documents which have come into existence for the dominant purpose of use in legal proceedings. It also extends to communications between lawyers or the client and third parties where they are made in contemplation of litigation and for the purposes of the litigation. In R v McNicol [2022] QSC 67, His Honour, Justice Davis SC outlines the steps a lawyer should undertake where the client has advanced an application to set aside their plea on the basis of the solicitor’s conduct. …

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03 Sep

New Supreme Court Judges Appointed.

The Attorney General, Shannon Fentiman, announced the appointment of two new Supreme Court Judges, Declan Kelly QC and Kerri Mellifont QC  to the Court’s Trial Division. Justice Kelly was called to the Bar in 1993, commenced practice as a barrister in 1994 and was appointed as Senior Counsel in November 2007. His Honour has experience in a wide range of legal practice, including the fields of commercial, equity, trade practices, building and construction, and banking and finance. Justice Mellifont was admitted to the Bar in 1994 and was made Senior Counsel (now Queen’s Counsel) in 2010. Her Honour has experience …

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24 Aug

Case Note Update- Pre-sentence custody declaration.

In R v Stewart [2021] QSC 187, His Honour, Justice Henry looks at the issue of where there is shared pre-sentence custody and whether it is open to the court to declare the time held, even where that is in respect of a previous sentence. The case considers the proper interpretation of section 159A(1) of the Penalties and Sentences Act 1992. His Honour adopts the reasoning of Her Honour, Justice Bowskill in R v Whitley [2021] QSC 154. See Case Note. Facts Mr Stewart entered a plea of guilty to 12 offences. The most serious was the possession of a …

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