Sex without Consent

Rape - Without Consent

In Director of Public Prosecutions Reference No 1 of 2002 [2002] NTCCA 11, The Director of Public Prosecutions has referred for consideration and opinion of this Court the following points of law arising at the trial:   “1. Was the learned trial judge correct in directing the jury, in respect of the elements of the offence prescribed by […]

Sentencing Discretion – Appealing

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In CDX V Queensland Police Service [2017] QDC 96, the famous case of House v The King [1936] HCA 40 was considered.  In House v The King [1936] HCA 40,  The manner in which an appeal against an exercise of discretion should be determined is governed by established principles. It is not enough that the judges composing […]

Fraud and Theft Offences

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Charges with Theft, Robbery, Stealing or other Dishonesty Offences? What are your defences? Read in Criminal Lawyers Brisbane Blog

Assault Charges

Common Grievous Assault

I found a very useful content in Queensland Court’s website. You can read it HERE What is Grievous Bodily Harm and Common Assault Criminal Code 1899 (Qld) stats, Grievous bodily harm According to Definitions of Section 1 “grievous bodily harm” means— (a) the loss of a distinct part or an organ of the body; or (b) […]

Sexual Assaults

Sexual Assault Brisbane Criminal Lawyers

It is very difficult to defend sexual charges. Consent is most important factor and it is not easy to prove that consent was given by the victim.

Drug Charges – Possession Supply Trafficking

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Charged with Possessing Drugs? Most common misunderstanding we have about drug possession charges is that some of us believes that as long as the drugs is not mine, I am not doing anything wrong. You need to understand the meaning of “Possession”, you can be in possession of someone else’s belongings. So, if the police […]

Medicine or Drugs without Prescription

Do you have medicine which requires prescription but some how you are in possession of such medicine? What could be the consequences? For example, let say you got some Cialis with Tadalafil.  According to Section 34 Medicines and Poisons Act 2019 (Qld) 34 Offence to buy or possess S4 or S8 medicines or hazardous poisons […]

Random Questioning by Police

Mr Kaba was travelling in a car as passenger which was stopped by police for random check. The police was conducting the check, he left the vehicle and started walking away. Police stopped him and ask his name and address which he refused to provide. Defence counsel argued that the conduct by the police was […]

Possible Sentences / Penalties for Criminal Matters

These are the most common sentences / penalties given in Queensland courts. Good Behaviours Bond This is the lenient sentence possible. Usually no conviction recorded.  The court may place you on a good behaviour bond. A good behaviour bond is a promise that you will not break the law for a period of time. You […]

What is the difference Between Law and Discretion?

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The difference between Law and Discretion can be difficult to grasp. Law is what has been decided in parliament and discretion is what courts decide. For example,  According to s 420 of Police Powers and Responsibility Act  2000 (Qld), there are specific procedure police has to follow when questioning an Aboriginal and Torres Strait Islanders. […]

Can I return my car and get refund?

Vale v Motorworld QLD Pty Ltd [2020] QCAT 23 Complainant purchased a vehicle from dealer and claimed refund after more than 3 months. Member Cranwell states, “The test of whether there is a major failure for the purposes of s 260 and the test for whether goods are of acceptable quality for the purposes of s 54 both adopt […]

Noisy Neighbour?

I was looking for a friend (who lives in Victoria) on how to deal with noisy neighbour! It depends a lot on what action council may or may not take and it was hard to find what could be the possible penalty for being noisy neighbour. Public Health and Wellbeing Act 2008 (Vic) Section 62 […]

Pleading Guilty

– Pleading Guilty – In Meissner v the Queen [1995] HCA 41; 184 CLR 132 ‘… It is true that a person may plead guilty upon grounds which extend beyond that person’s belief in his guilt. He may do so for all manner of reasons: for example, to avoid worry, inconvenience or expense; to avoid […]

Solicitors Duty toward Clients

A solicitor has 3 duties toward a client; 1- Act on clients best interest 2- Maintain confidentiality, and 3- Disclose all relevant information to Client Something I learned recently in relation to conflict check and why it is important. 

Handcuffing

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Handcuffing In the following mentioned case, unreasonable handcuffing was discussed. it appears that, Police can not handcuff just because a person was arrested.  Kumar v Minister for Immigration, Local Government & Ethnic Affairs (1991) 28 FCR 128 In interpretation, Kyrou J. stated in Slaveski v State of Victoria [2010] VSC 441, “Lockhart J held that […]