Tag: Sentencing

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 …

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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 …

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16 Sep

Online Plea Of Guilty

Minor Traffic offences commenced by way of a complaint and summons, can now be resolved by way of an online plea of guilty.  The days of attending the bulk traffic call over and waiting to have minor traffic offences determined by a Magistrate can be avoided.  The new online guilty plea form allows the Court to take into account your timely plea of guilty and other relevant factors without the need to attend in person. Anyone wishing to plead guilty online should give thought to using the process.  They need to be cautious however as to the consequences of pleading …

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02 Jun

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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Gatenby Criminal Law 2 June 2014
20 May

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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26 Mar

Juvenile Offenders To Be Named and Shamed Under New Laws

New criminal laws have been passed for juvenile offenders in Queensland with a substantial overhaul of the Qld Childrens Court process.  These changes are substantial in that they remove the requirement for a sentence of imprisonment to be a sentence of last resort and open up the children’s court for repeat offenders.  They go further in that the prohibition against reporting children’s names before, during and after proceedings has been removed for alleged repeat offenders. Changes to Qld Childrens Court The changes to Qld Childrens Court include: Permit repeat offenders’ identifying information to be published; Open the Childrens Court for …

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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 …

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16 Mar

Corrupt Betting Offences to carry 10 year maximum

Sports betting and corruption New laws targeting sports betting and corruption are set to be introduced into Queensland Parliament.  The laws are expected to mirror those of New South Wales, Victoria, South Australia, the Northern Territory and the Australian Capital Territory, in legislating specific offences relating to the integrity of sporting contests. Maximum Penalties for Corrupt Sports Betting The government has announced that it is set to introduce five new offences. The new laws and the proposed maximum penalties are: Engaging in conduct that corrupts a betting outcome (10 years imprisonment) Facilitating conduct that corrupts a betting outcome (10 years imprisonment) …

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21 Jan

Proposed toughening for Juvenile Justice.

Juvenile Justice Laws The Queensland Government is proposing a raft of changes to the Juvenile Justice Act when Parliament resumes on 11 February this year. Proposed Juvenile Justice Changes These changes include: Removing detention as a sentence of last resort. Making breach of bail an offence if a young person commits a crime while on bail. Naming and shaming of repeat offenders. Making all juvenile criminal histories available in adult courts to give a magistrate or judge a complete understanding of a defendant’s history. Transferring juvenile offenders to adult correctional centres when they reach 17 years of age if they …

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22 Dec

Proposed Increased Penalties For Mobile Phone Offences

Qld Mobile phone laws The State Government is considering new laws for mobile phone offences while driving. Motorists currently face fines of $330 and the loss of three demerit points if caught using a mobile phone while driving. Motorists need to be aware that even if stationary at traffic lights the law still deems you to be in charge of the vehicle and you can be liable.  You are considered to be using the phone even if you are using a function other than making a call.  Texting, checking Facebook or surfing the web would all be offences. Qld Road …

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