imprisonment Archives - Gatenby Criminal Law

12 Oct

Industrial Manslaughter Offence Introduced to Queensland

On 12 October 2017, the Minister for Employment and Industrial Relations, Grace Grace, announced the introduction of “Tough new industrial manslaughter laws” in Queensland. With maximum penalties of 20 years imprisonment for an individual, and a maximum fine of $10 million for a corporate offender, the new Industrial Manslaughter laws are significant. The new Industrial Manslaughter laws were prompted by the 2016, workplace fatalities at Dreamworld, where four people lost their lives on the Thunder River Rapids Ride; and at Eagle Farm, where two workers were crushed when a precast concrete slab toppled over. These incidents prompted the Government to engage Tim …

Continue reading “Industrial Manslaughter Offence Introduced to Queensland”

Read full article

26 Feb

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 …

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

Read full article

02 Dec

Qld set to overturn Barbaro & Zirilli v The Queen [2014]

Barbaro & Zirilli is a 2014 High Court Decision which effectively brought to an end the practice of Prosecutors providing the Court with an appropriate sentencing range. Until 2014 it was usual for the prosecution to provide the Court with assistance not only as to the facts of a sentence but also with a range that the Crown considered appropriate for the offending. The case itself involved conspiring to traffic a commercial quantity of MDMA, trafficking a commercial quantity of MDMA and attempting to possess a commercial quantity of cocaine. The accused men, Mr Barbaro and Mr Zirilli agreed to …

Continue reading “Qld set to overturn Barbaro & Zirilli v The Queen [2014]”

Read full article

02 Dec

IMPRISONMENT NOT A SENTENCE OF LAST RESORT

Sentencing procedure has been significantly amended with the introduction of the Youth Justice and Other Legislation Amendment Bill 2014. The act amends section 9 (Sentencing guidelines) by omitting and excluding the sentencing principle that prison is a sentence of last resort. That is imprisonment is not a sentence of last resort, and is now a starting point in the sentencing process. This means that in sentencing any offender for any offence punishable by imprisonment, the court must not have regard to any principle, whether under statute or at law, that a sentence of imprisonment should only be imposed as a last resort. Any …

Continue reading “IMPRISONMENT NOT A SENTENCE OF LAST RESORT”

Read full article

23 Mar

Life imprisonment for so called "Coward Punches"

The Government today outlined its new coward punch laws and other increased penalties under its draft ‘Safe Night Out Strategy. In what seems to be a theme of the current government’s legislative platform, existing charges are to be replicated with newly created offences and penalties increased. The government has adopted the big stick approach by increasing the maximum penalty for drunken behaviour in an effort to deter outrageous drunken violence. The problem with this approach is that young, drunken, predominately men, are unlikely to consider the outcome of their actions whilst drunk and accordingly, unlikely to think about the massive penalties the …

Continue reading “Life imprisonment for so called "Coward Punches"”

Read full article

16 Mar

Drink Driving – Go Straight to Jail, Do Not Pass Go.

Gold Coast Drink Driving Lawyers Most Queensland motorists understand that if they are caught drinking and driving, they will be disqualified from holding or obtaining a Queensland driver’s licence for a period of time. By and large our job as experienced Gold Coast Drink Driving Lawyers is to minimise the period of disqualification or to secure a restricted work licence or special hardship order. When people attend upon us for traffic law advice they are often shocked to learn that in prescribed circumstances they must receive a mandatory prison sentence. The legislation provides that if you are convicted of driving …

Continue reading “Drink Driving – Go Straight to Jail, Do Not Pass Go.”

Read full article

22 Oct

New Law Grants Qld's Attorney General Power of Indefinite Detention.

The Public Interest Declarations Act amending the Dangerous Prisoners (Sexual Offenders) Act represents a significant change to the way the law is applied in Queensland and throughout Australia. We have, until now had a clear delineation between the role of the executive and the implementation of the law by the judiciary. The parliament has been elected to make law and our courts have interpreted and applied those laws. This new piece of legislation departs from that process, by enabling the Attorney General to overrule the decision of the court and detain a person. Previously, applications to have prisoners detained indefinitely …

Continue reading “New Law Grants Qld's Attorney General Power of Indefinite Detention.”

Read full article

15 Oct

Vicious Lawless Association Disestablishment Bill

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 …

Continue reading “Vicious Lawless Association Disestablishment Bill”

Read full article

14 Oct

Super jail’ for criminal bikie gangs

A special ultra-secure facility at Woodford Correctional Centre will house the highest risk members of criminal motorcycle gangs. In prison, criminal motorcycle gang members will face: Restricted hours out of their cell (potentially as little as one hour a day) Increased drug testing Frequent, proactive cell searches Only one hour non-contact visits with family members per week No TVs in their cells No access to gymnasium facilities All phone calls, other than to legal representatives, will be monitored by intelligence staff Mail to be opened, searched and censored.

Read full article

05 Sep

EVADING POLICE – MANDATORY FINES AND DISQUALIFICATION. WHAT ARE MY OPTIONS?

The Queensland Government in reaction to a number of police pursuits has imposed mandatory fines and disqualification periods for all offences of Evade Police. While this may seem appropriate for substantial offences involving dangerous, high speed, police pursuits, the reality is that minor infringements will also see the imposition of these mandatory sentences. Section 754 of the Police Powers and Responsibilities Act 2000, makes it an offence for a driver of a motor vehicle to fail to stop if a police officer, using a police service vehicle, gives the driver a direction to stop the motor vehicle. A police officer will usually …

Continue reading “EVADING POLICE – MANDATORY FINES AND DISQUALIFICATION. WHAT ARE MY OPTIONS?”

Read full article