Sentencing Archives - Gatenby Criminal Law

09 Jul

Expanding Roadside Drug Driving Cocaine-Related Offenses

Cocaine to be included in Drug Driving Testing In response to the rising number of serious crashes, the Queensland Government has expanded its highly successful roadside drug testing program to include testing for cocaine. The inclusion of cocaine in the program aims to detect dangerous drivers and keep them off the state’s roads. Drivers on Queensland roads can be charged with an offence of driving while a relevant drug is present even if their driving is not impaired by the drug. With a zero-tolerance approach to drug driving, Queensland has implemented tough penalties for offenders, including license disqualification, fines, and …

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24 Nov

Schoolies week legal issues can impact your future.

It is that time of year again when school leavers get the chance to celebrate their graduation at the annual ‘Schoolies’ festival. Although we are hopeful that it is a week of fun, laughter and celebration we understand that there may be some schoolies that face legal issues. Some schoolies week legal issues can have a real and significant impact on your future. With a number of arrests already made over the first part of the week, we are here to provide advice on your rights and possible outcomes of common legal issues you may face. Common ‘on the spot …

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26 Oct

Sentencing Advisory Council – Intermediate Sentencing Options and Parole

On 26 October 2017, the Sentencing Advisory Council received Terms of Reference from the Attorney General regarding “community-based sentencing orders, imprisonment and parole options”. At the core of the sentencing process is the effective rehabilitation, reintegration and supervision of prisoners released into the community. Other than those serving a life sentence, there must be an acknowledgment that at some point an offender will be released back into the community. Parole is crucial in reducing the risk of re-offending by those under supervision, prior to the end of their sentence. Sofronoff Report The terms of reference are in response to the recommendations …

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26 Oct

Welcome Return Of Drug Court To Queensland Courts

In acknowledging the link between addiction and the commission of criminal offences, the Queensland government has reinstated the Drug Court in Queensland. This court recognises that rehabilitation is often the best way of achieving the objective of keeping the community safe from recidivist offenders, who might otherwise be unable to give up their drug and/or alcohol addiction. On 24 October, the Queensland parliament passed the Penalties and Sentences (Drug and Alcohol Treatment Orders) and Other Legislation Amendment Bill 2017. This bill is not only re-established the previous regime but expands it to include alcohol as a relevant drug. In her …

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15 Oct

Proposed penalties for driving offences leading to death or serious injury

The Queensland government is currently considering introducing a new mid-range driving offence between the existing Criminal Code offence of Dangerous Driving, and the TORUM offence of Driving without Due Care and Attention offence. The proposed offence will include a circumstance of aggravation for offending drivers who cause death or grievous bodily harm in the commission of the offence of Driving without Due Care and Attention, where they were driving whilst unlicensed or their license was suspended, or disqualified. The proposal follows the Coroners recommendations in the matter of Audrey Anne Dow. Inquest into the death of Audrey Anne Dow Audrey Anne …

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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 …

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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 …

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30 Oct

Reforms to Youth Justice Laws Brings Qld in Line With UN Convention

Youth Justice Reforms Queensland’s 17 year old offenders are the only youths in the Country being sentenced outside the youth justice system. By treating 17 year olds as adults in the criminal justice system, Queensland has been inconsistent not only with the rest of the country, but also in breach the United Nations Convention on the Rights of the Child. Under proposed youth justice reforms, 17 year olds are to be considered children. It is anticipated that all children under the age of 18 year will proceed through the Youth Justice System. The proposed reforms are hoped to reduce the rate of recidivism by diverting …

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30 Oct

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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30 Jun

Queensland Sentencing Advisory Council

Sentencing law to be assisted by Sentencing Advisory Council Sentencing law is a complex and often controversial part of the Criminal process. In considering the competing elements of the sentencing discretion, Magistrates and Judges are often criticised as being too harsh or too lenient. In March 2016 the Queensland Premier introduced the Penalties and Sentences (Queensland Sentencing Advisory Council) Amendment Bill into the Queensland Parliament. The purpose was to re-establish the Sentencing Advisory Council. The new council is largely modelled on regime abolished by the former government in 2012. Purpose The proposed purpose of the Council is to: Ensure public confidence in the …

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