Police are currently investigating a suspected murder-suicide on the Gold Coast following the discovery of two bodies in an apartment in Labrador on Friday. 48-year-old Lourdi Ramadan and her partner Craig Bouma were discovered following a welfare check on Friday morning after Ms Ramadan’s family were unable to get in contact with either of the deceased.

Mr Bouma’s body was discovered in the bed in the bedroom and Ms Ramadan’s body was later discovered in a wooden chest. Upon discovery of Ms Ramadan’s body, the police became involved. There was an alleged suicide note stating that Mr Bouma has allegedly killed Ms Ramadan because he wanted to stop her suffering.

Ms Ramadan was suffering from a chronic illness that she was awaiting surgery for, however she was not diagnosed as terminal. It has been alleged that Ms Ramadan was killed on either Saturday or Sunday and Mr Bouma allegedly committed suicide on Wednesday. Her family has stated they did not believe her to be at risk and had seen no signs of this being a possible outcome for the couple. Mr Bouma had been a loving partner and carer for Ms Ramadan.

This incident comes within a week of another alleged homicide on the Gold Coast where the victim was discovered burnt in her backyard.

These incidents further the question of what can be done to prevent these tragedies from occurring?

If you have any questions about this article or any other topic of law please call our team of experts on 1300 066 669.

Derek Chauvin has been found guilty of two counts of murder and one count of manslaughter.

How can someone be convicted for two murder charges and manslaughter for the same killing?

Mr Chauvin kneeled on George Floyds neck for 9 minutes. The three charges brought against Mr Chauvin for these offences, relied on different elements

In relation to the second-degree murder charge, the Jury needed to be satisfied beyond reasonable doubt that Mr Chauvin intended to inflict substantial bodily harm, or knew that his actions would inflict substantial bodily harm. Intention to cause death, is not an element of second-degree murder.

In relation to the third-degree murder charge, the Jury needed to be satisfied beyond reasonable doubt that Mr Chauvin acted in an eminently dangerous way, while exhibiting a depraved mind, with reckless disregard towards a human life. Intention to cause death, is not an element of third-degree murder.

In relation to the second-degree manslaughter charge, the Jury needed to be satisfied beyond reasonable doubt that Mr Chauvin was culpably negligent in causing Mr Floyd’s death.

The Jury were directed by the Trial Judge, that each charge was to be considered as separate and distinct offences. The Jury was also directed by the Trial Judge, that it was open to them to find Mr Chauvin guilty of any, all, or none of the charges.

Queensland’s criminal legislation sets our very difference elements of Murder and Manslaughter than Minnesota. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

In May 2020 the 45 year old Minneapolis police officer, Derek Chauvin, knelt on George Floyds neck for more than nine minutes while placing him under arrest for allegedly using a counterfeit twenty-dollar bill.

The murder of Floyd sparked world-wide protests against racial injustice and police brutality. The trial has been one of the closest watched court cases in the US in recent years. The jury selection began on 9 March 2021 and opening statements on 29 March 2021.  The jury deliberated for approximately 10 hours before delivering their judgement.

Chauvin was found guilty of all three charges, second-degree murder, third-degree murder and second-degree manslaughter of George Floyd. The second-degree murder charge being the most serious offence of the three holding a prison sentence of up to 40 years. The sentencing guidelines that follow are that the multiple sentences are to be served concurrently, meaning at the same time.

It was open to the jury to convict Chauvin with all, some, or none of the above charges with Judge Cahill indicating to the Jury that there are to be seen as “separate and distinct” offences. None of the offences required Chauvin’s intention to kill Floyd. A separate charge of intentional murder would have occurred if that was the case, this differs from Australian law which separates murder to manslaughter. For a charge of murder in Australian law the Prosecution must prove that the defendant intended to kill.

To convict Chauvin of second-degree murder the jury had to be satisfied that Chauvin unintentionally killed Floyd while committing or trying to commit another crime, being an assault in the third degree. In relation to the third-degree murder the jury had to be satisfied that Chauvin acted in an “eminently dangerous” manner with a reckless disregard of human life. Whereas the second-degree manslaughter required the jury be satisfied that Chauvin was culpably negligent in causing Floyd’s death.

Chauvin attended court in a suit, tie, and mask and exited court in handcuffs.

Chauvin is due to be sentenced in eight weeks.

Minneapolis has expected protests following the verdict, irrespective of the decision. Therefore, the government centre has been barricaded with a fence topped with concertina wire since March.

If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

A homicide investigation has begun following the discovery of a deceased woman’s body in an Arundel backyard Tuesday morning. The woman’s body was discovered burnt in the backyard whilst attending the property for a welfare check following a neighbour calling police to report a disturbance at approximately 6:40am Tuesday.

The residence is now a crime scene for an investigation into the death and whether the crime is a domestic violence related murder. The woman is yet to be formally identified by police at this time.

The primary suspect was found with serious burn injuries near the home early Tuesday morning and has been taken to Gold Coast University Hospital. The man is in a serious condition due to burns to his hands and internal airways. The man is believed to have previously been in a relationship with the victim, however yet to be confirmed due to the woman not being formally identified.

The woman’s three children were inside the Arundel home when the incident has occurred and were present when police arrived. It was confirmed all the children were safe and were taken into care.

The death comes 6 years after the landmark report of the Special Taskforce on Domestic and Family Violence in Queensland. The Queensland Government announced on 24 October 2019, 4 years after the report, that they have implemented all the 140 recommendations that the report detailed.

The question remains is there more that can be done to prevent domestic and family violence in Queensland?

If you have any questions about this article or any other topic of law please call our team of experts on 1300 066 669.

Three Brisbane prison officers were injured by two inmates on Monday evening, two have since been hospitalised with one officer suffering a head injury.

A Queensland Corrective Services spokesman stated that the head injury resulted from being stuck by a cell door that an inmate who kicked open. The other two men were injured whilst restraining the two prisoners inside the cell.

Two of the men were taken to hospital via ambulance, and the inmates were moved into the Detention Unit.

“The matter will be referred to the Corrective Services Investigation Unit for the consideration of criminal charges,” the spokesperson said.

The Together Queensland Prison Officers Union shared their frustration on Facebook, stating that the assault was avoidable, arguing that they had been requesting meal hatches to be installed for two years, avoiding the need to open cells.

“Officer safety is an absolute priority for QCS, and we are committed to making our prisons as safe as possible for our officers,” emphasised the spokesperson.

The assault comes just a month after prison officer Greg Sands was violently beaten in another Queensland Prison. Last year prison officers born the brunt of prisoners frustrations with COVID-19 lockdowns and restrictions, with the number of assaults at an all-time high.

The issue is only further worsened as prison populations continue to rise. The Crime and Corruption Commission Taskforce Flaxton report into jail corruption found that the state’s jails were at 125 per cent capacity. A new prison is being built at Gatton, in the Lockyer Valley west of Brisbane to tackle to crisis. It is expected to be completed in 2024 and house 1000 men. The prison will also be particularly unique as it will include drug and alcohol services, mental health, and rehabilitation services.

If you have any questions about the law call our experts Brooke Winter Solicitors on 1300 066 669.

QUEENSLAND COUPLE MURDER-SUICIDE CRASH
Police are currently investigating a fatal crash on the Sunshine Coast on Easter Sunday in an attempt to determine whether it was a deliberate act by the male driver.

Robert, 69, and Elizabeth Makara, 68, died in a one vehicle crash on David Low Way at Pacific Paradise near Maroochydore. Queensland Police and Emergency Services were called to the crash at 7:00am after it was reported that the vehicle had veered into a tree. Both occupants of the vehicle had to be cut free by firefighters and were flown to the Sunshine Coast University Hospital in critical condition. Both later passed away in hospital.

Since the accident, a suicide note has reportedly been located within the car. Another note was also allegedly found at the home of the couple.

Police are appealing for any witnesses of the crash or of the car, a 2016 white Nissan Qashqai SUV, before the crash, to contact them. Any motorists who have relevant dashcam footage of the vehicle are also encouraged to come forward.

If you have any questions about the law call our experts Brooke Winter Solicitors on 1300 066 669.

Queenslanders are expected to see additional speed cameras in the coming years with more point-to-point cameras being installed. Queensland Transport and Main Roads have indicated that they have approval for two additional point-to-point camera sites each financial year and will focus on high crash sites.

Point-to-point cameras measure speed using a time over distance calculation from two different points, with the cameras placed approximately 15 to 20 kilometres apart.

The Bruce Highway’s point-to-point cameras catch approximately 300 motorists per month. The Government have indicated their concern in the rising road toll on Queensland roads and the impact the point-to-point cameras have in reducing speeding. There are suggestions that the M1 is a strong candidate, alongside the Gateway Motorway and the Western and Centenary Freeways.

Peter Polesnik from Queensland Transport and Main Roads has indicated the point-to-point camera systems

“…were found to reduce fatal and injury crashes by 36 per cent across those 50-plus sites in the UK”.

If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

A number of proposed amendments to the Northern Territory Youth Justice Act have been met with mixed reviews. The proposals by the government of the Northern Territory contradict the recommendations of the Royal Commission into the detention of children in the Northern Territory, offering $5 million towards building another detention centre, breath testing children, tougher consequences for breaching bail and that juveniles would commit a range of offences, would face court with a presumption against bail, which is not currently the case.

The proposed changes come at a time while Queensland is also reviewing and considering harsher youth justice laws.

The suggested reforms, as per Chief Minister Michael Gunner, are the result of his government listening to the concerns of his community and following the advice of police in the local areas.

The timing of the announcement is no coincidence, however, many have been critiquing the governments handling of crime as of recent, including an A Current Affair television report airing earlier this month. 

While few are supportive of the tougher stance the government is taking, many a vehemently opposed.

The Australian Lawyers Alliance has condemned the proposed changes, stating that they will have a far more detrimental effect in the long term. Numerous studies have shown that the younger a child is when they first interact with the criminal justice system, the higher the chance of recidivism.

Northern Territory Children’s Commissioner Sally Sievers agreed with the ALA, stating that while everything must be done in an effort to reduce youth crime, a need for generational change with a multi-faceted approach would be far more effective.

“International jurisdictions – where major improvements have been achieved in youth offending and recidivism – have at their core reform measures focused on reducing the number of children and young people on remand,” Ms Sievers said.

The proposed changes would also disproportionately affect Indigenous children, who are drastically over-representative of juveniles in detention in these areas.

It has been widely discussed that Youth Justice needs to be reformed, but is this the right course of action?

If you have any questions about the law call our experts Brooke Winter Solicitors on 1300 066 669.

Attorney-General Mark Speakman has announced that the protection of pets will now be automatically included in a standard Apprehended Domestic Violence Order in New South Wales following the passing of reforms in November last year.

For many victims of domestic and family violence their family pet is used as a method to coerce and control them. The perpetrators often threaten to kill or hurt the animals, in order to prevent the victim from leaving the relationship, or as a punishment if they do leave.

The move comes to offer further protection for the victims of domestic and family violence and to ensure they are able to leave their unhealthy relationships without having to worry about their pet’s wellbeing.

Preventing this horrible form of animal abuse occurring and removing the fear of it for victims was a paramount aspect of this new reform. Victims of domestic and family violence can now feel safer knowing that their beloved companion will be protected by their AVO and will not be permitted to be used against them by perpetrators.

Should Queensland and other states and territories follow New South Wales and include this within their standard Domestic Violence Orders?

If you have any questions about this article or any other topic of law please call our team of experts on 1300 066 669.

NSW Police Commissioner Mick Fuller made the suggestion of a sexual consent app which has been met with significant controversy. The app’s intention was to record when sexual consent was given in order to reduce any inconsistency in sexual partners perspectives of a sexual encounter.

The Commissioner expressed this idea after it was revealed that sexual assault reports had risen by 10% in NSW last year.

Arguably the only use it could have is for an accused rapist to “prove” consent was given but ignores potential issues of the person being pressured into signing it or potentially withdrawing consent after they have put it into the app.

Andrea Simon, director of End Violence Against Women Coalition, has stated that the app would only further perpetrate misunderstandings of what rape and consent it.

“It is wholly inappropriate as it sends the message that a woman can’t withdraw her consent once she has given it, which is entirely untrue… These types of apps should be used to support women’s sense of obligation or blame if they change their mind… We should be encouraging men and boys to seek enthusiastic consent at every stage of sex, not just at the beginning.”

Commissioner Fuller is not bothered by the criticism for his app, claiming that any open discussion about consent being important was crucial to finding a solution.

“People are out there today criticising the app, and that’s okay. But nobody has come to me with the suggestion that it’s not a worth cause in need of addressing”.

There has long be a crisis in Australian culture around gender-based violence and sexual assault. The police are not to blame for this, they are not responsible for addressing the causes of this, rather just the effects.

Victoria has recently discussed a more comprehensive education program throughout all schools to bring awareness to the growing crisis and encouraging healthy and consensual sexual relationships.

Legislation, policing, and health policies should be standardised and be subject to reform to enable victims to report their assaults and enable police to fully prosecute those responsible whilst also maintaining the presumption of innocence of defendants and the intransigence of prosecutors.

If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

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