30 Jun

Pre-sentence custody declaration – Case Note

The Queen v Whitely [2021] QSC 154 relates to recent amendments which affect the Court’s ability to make a pre-sentence custody declaration where there is shared pre-sentence custody. Her Honour, Justice Bowskill, articulates the proper construction of section 159A(3B) of the Penalties and Sentences Act 1992. The reasoning of Her Honour has subsequently been adopted by His Honour Justice Henry in the decision of R v Stewart [2021] QSC 187. See our Case Note. Pre-sentence custody declarations Where a person is remanded in custody the Court must take into account the time the person has spent in custody awaiting trial or …

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29 Jun

COVID-19 Court Arrangements – June 21 Lockdown

A number of clients have raised concerns about Covid-19 Court arrangements for their court matters following the announcement by the Premier that Southeast Queensland is in a three day lockdown commencing tonight at 6:00pm. If you have any questions, please call our office on (07)55800 120 and we will answer them for you. Below we provide a brief overview of the Covid-19 court arrangements. Our office: We are an essential service and will remain open for court appearances especially Bail Applications. We will be available for phone conferences or video conferences. Our office utilises end to end encrypted software for …

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13 Jun

Case Note – Convictions in Child Exploitation Sentences.

In R v ZB [2021] QCA 9, the Court of Appeal, was required to consider an appeal against the recording of a conviction for an offence of possession of child exploitation material.  Ultimately the Court found in favour of the Applicant, determining that the consequences of a recorded conviction would adversely affect the offender and the community. FACTS The applicant pleaded guilty to one charge of the possession of child exploitation material.  police located 98 images depicting child exploitation material, 51 of which were still accessible. About one half of the images were in category one images. The Applicant participated in an electronic record …

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21 May

PAROLE APPLICATIONS

Our Director, Michael Gatenby spoke to the Gold Coast Bulletin about the issues with the Parole Board being given sufficient resources to respond to Parole Applications.

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Gatenby Criminal Law 21 May 2021
13 Apr

Case Note – No Conviction Recorded

In Kemp v The Commissioner of Police [2021] QDC 30, Her Honour, Judge Loury QC DCJ, was required to consider whether a conviction should be recorded for an offence of Stealing. It was argued that the nature of the offence was such that the court at first instance should have exercised its discretion and ordered “no conviction recorded” FACTS On 2 October 2019 the appellant was convicted at Richlands Magistrates Court for an offence of stealing. She was fined $400 and ordered to pay $15.06 in compensation. A conviction was recorded.  The circumstances of the offence involved the appellant stealing fuel …

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10 Apr

Serious Violent Offender Review.

The Palaszczuk Government has directed the Queensland Sentencing Advisory Council (QSAC) undertake a review and provide recommendations concerning how serious offenders are sentenced in Queensland. The Serious Violent Offence (SVO) scheme operates under the Penalties and Sentences Act 1992 and applies to offenders who have been sentenced for a range of serious offences. Once a person is declared to be convicted of an SVO, they are not eligible for parole until they have served the lesser of either 80 per cent of their sentence or 15 years imprisonment. The Attorney said that consultation would be undertaken with key stakeholders as part …

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19 Mar

NEW DEPUTY CHIEF FOR QLD's MAGISTRATE COURT

On 11 March 2021, The Attorney-General and Minister for Justice Shannon Fentiman announced the elevation of Magistrate Anthony Gett as the state’s newest Deputy Chief Magistrates. Magistrate Gett was first appointed a magistrate of the Magistrates Court of Queensland in 2013. Magistrate Gett’s appointment follows the retirement of former Deputy Chief Magistrate O’Shea after almost 20 years as Magistrate. Magistrate O’Shea was appointed Deputy Chief in July 2014. Magistrates Court Jurisdiction The Magistrates Court is a particularly busy jurisdiction. Of all the courts in Queensland it is the Magistrates Courts that most people will have contact with; over 90 per cent …

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13 Mar

Removal of licence disqualification

In Murray v Commissioner of Police [2021] QDC 48, the Court was required to consider whether the Applicant had demonstrated that it was appropriate to remove an absolute licence disqualification imposed for an offence of Dangerous Operation of a Motor Vehicle. FACTS On Christmas Day 2016, the applicant had been drinking heavily during the course of the day. At about 4.30pm that day, it was decided that he and others would go to another address in Springwood. The applicant ordered an Uber driver for one of his companions, but drove himself. He drove a distance of about five kilometres. He was …

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10 Mar

Case Note – When disability is not a mitigatory factor.

The Court of Appeal in R v Newman (a pseudonym) [2021] QCA 13, considered whether a defendant’s personal circumstances, including a disability, operates as a mitigating or aggravating factor or has no substantial influence at all. Ultimately the Court held that the relationship between the disability and the offending was of such a nature as to show that the offender is likely to reoffend, and entitled the Applicant to no reduction in sentence. FACTS In March 2018, when the Applicant was 14 years old, he went to Kmart at Wynnum Plaza after school. He loitered there for some time, watching school-aged …

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09 Feb

Proposed amendment to Youth Justice Laws.

The State Government is today, proposing a strengthening of the Youth Justice laws to “target” repeat offenders. Attorney-General Shannon Fentiman, has indicated that the laws are to be introduced at this months sitting of parliament. Changes to Youth Justice Laws The change follows a number of incidents involved youths around the state in the last two weeks, including the tragic death of of Kate Leadbetter, Matt Field and their unborn child, Miles. Premier Annastacia Palaszczuk said the loss of four innocent lives linked to a spate of senseless crimes would not go unanswered. “It is absolutely heartbreaking (what has happened) …

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