Domestic Violence Proceedings
The Domestic and Family Violence Protection Act 2012 (Qld) provides protection to those who have experienced domestic violence. What constitutes Domestic Violence can be very broad, and includes, but is not limited to, the following: Physical or sexual abuse; Emotional or psychological abuse; Economic abuse; Conduct that is threatening, coercive, dominating or controlling. It is […]
Bail Applications
Our expert Brisbane Criminal Lawyers can put you in the best position for bail applications. The Bail Act 1980 (Qld) contains the relevant principles for applications for bail in Queensland. The starting point for a person remanded in custody is that they are entitled to bail unless certain circumstances are present. The court will refuse […]
Impact of Domestic and Family Violence in Property Proceedings in the Family Court
Given the increasing nature and concern for domestic and family violence, there has become a progressively problematic approach as to how the Family Court is best to determine the impact of Family Violence in respect of property settlement proceedings. Much to this, there is elements of overlap that exists between the jurisdictions of the state […]
Can you be charged for an offence that you did not commit?
People are often charged as a party to an offence for being present when another person commits the offence. To be liable as a party, it is necessary for the prosecution to establish each person’s criminal responsibility by classifying their level of participation, followed by proving there was a ‘common intention’ to commit the offence. […]
The definition of Stealing
A person will be guilty of stealing if they fraudulently take or convert anything capable of being stolen. It must be proven that one of the fraudulent intents under s 391 existed at the time. The most common intent is to permanently deprive the owner of the thing. An intention to permanently deprive may be […]
Have You Been Caught With Drugs In Your Possession?
A key issue when charged with possessing dangerous drugs is to determine whether or not you were actually in ‘possession’ of the drug. To be convicted you need not have the drugs in your actual possession. A key issue to consider is whether you are regarded as an occupier or concerned with the control of […]
Can Police Search My Vehicle Without a Warrant?
It is a common misconception that Police require a warrant before searching your vehicle – this is incorrect. Queensland Police simply need to ‘reasonably suspect’ that the vehicle is being used to do something unlawful or is being used unlawfully. If Police pull you over, they might give a number of reasons for ‘reasonably suspecting’ […]