Should I represent myself in court?
It is often said that a lawyer who represents himself has a fool for a client. A court environment is an unfamiliar and confronting place for many individuals. Court processes, legislation, practice rules, and sentencing principles means there is a significant amount of material an individual is required to be familiar with to ensure yourContinue Reading
Can I appeal my sentence?
An individual who is dissatisfied with the sentence imposed on them by a sentencing court at first instance does have the ability to appeal the sentence imposed to a higher court. For a sentence imposed in the Magistrates Court, an appeal can be made to the District Court of Queensland. For a sentence imposed inContinue Reading
How can I avoid a criminal conviction?
A common question asked by a lawyer is whether or not a conviction will be recorded for an offence. The answer to that query is possibly. In Queensland, sentencing courts generally have a discretion as to whether or not a conviction is recorded against an individual facing criminal or traffic convictions so long as aContinue Reading
Recent Court Results – 9 April 2018
Brisbane District Court 9 April 2018 Russo Lawyers and an expert member of the criminal bar were very pleased to secure the release, today, of a person sentenced to jail by a Magistrate. Russo Lawyers prepared an urgent appeal, which an experienced Barrister argued before the District Court of Queensland, and which saw an unjustly harsh sentence reducedContinue Reading
Recent Court Results – 5 April 2018
MENTAL HEALTH COURT Brisbane Magistrates Court 5 April 2018 A satisfying result for a client whose charges before the Magistrates Court are suspended under the Mental Health Act. Russo lawyers worked closely with the Public Guardian and not-for-profit service providers to obtain access to supported accommodation and therapeutic intervention in order to persuade a MagistrateContinue Reading
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 isContinue Reading
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 refuseContinue Reading
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 stateContinue Reading
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.Continue Reading
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 beContinue Reading
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 ofContinue Reading
Should I Participate in a Record of Interview or Answer Police Questions?
People often believe that if spoken with by police they have to answer questions asked of them. That is not the case. Whilst there is often a requirement for a person to state their name and address to police, you are not required to answer questions of substance. A person’s right to silence is aContinue Reading