In a landmark move, Australia has enacted comprehensive legislation banning the public display, trade and sale of Nazi symbols, including the swastika and SS symbol. The decision, announced by Attorney General Mark Dreyfus, comes as a response to the resurgence of far-right activity in the country. While the ban has garnered both support and criticism, it raises important questions about freedom of expression, the roots of extremism, and the role of legislation in shaping societal values.

The ban, aimed at preventing the glorification and profiteering from Nazi ideology, represents a significant step in the ongoing battle against hate symbols. The hoors of the holocaust, will forever remain etched in history as a stark remainder of the consequences of unchecked extremism in the political sphere.

Under the new legislation, the display of Nazi symbols in public, sale of items featuring such symbols, and even performing the Hitler salute are now illegal acts, with a maximum penalty of up to 12 months in prison. Attorney General Mark Dreyfus emphasised that the laws send a clear message there is no place in Australia for acts and symbols that glorify the horrors of the Holocaust and terrorist acts.

While the legislation prohibits the trade and public display of Nazi symbols, it carefully carves out expectations for academic, educational, artistic, literary, journalistic or scientific purposes. Additionally, the ban does not extend to the display of the swastika in religious contexts, acknowledging its sacred significance in Hinduism, Buddhism and Jainism. The nuanced approach seeks to strike a balance between curbing hate symbols and respecting cultural and spiritual practices.

The rise in far-right activity, as evidenced by the presence of neo-Nazis at public events and infiltrating protests, prompted the Australian government to take decisive action. Dvir Abramovich, chairman of Australia’s Anti-Defamation Commission, views the legislation as a positive step but acknowledges the need for a comprehensive, whole-of-society approach to address the root causes of extremism in the political sphere.

Our team specialises in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

When an offender pleads guilty to an offence, they will proceed to be sentenced by the court. If a court chooses to impose a term of imprisonment, the court may choose to suspend that term either wholly or partially.

In Queensland, suspended sentences are outlined in Part 8 of the Penalties and Sentencing Act (QLD). When an offense results in a term of imprisonment of five years or less, the court may consider suspending part or the entire sentence. This allows the offender to remain in the community, provided they comply with specific conditions set by the decision-maker, which can include reporting to a probation officer, attending rehabilitation programs, and adhering to various restrictions.

The primary purpose of a suspended sentence is to find a balance between punishment and rehabilitation, ultimately aiding the offender in reintegrating into society. The decision to impose a suspended sentence is made by a judge, magistrate, or another relevant authority and is often used for less severe offenses or to give the offender an opportunity to make positive changes under supervision.

Queensland courts, such as Brisbane, Beenleigh, or Southport Magistrates Court, consider a range of factors under Section 9(2) of the Act when sentencing, including the nature and gravity of the offense, any resulting harm, the offender’s character, cooperation with the police, and more. A term of imprisonment is viewed as a last resort, and suspended sentences are one of several alternatives available, including probation, community service, and good behaviour bonds, each with specific conditions and requirements.

If an offender breaches a suspended sentence, the court can order them to serve the suspended term of imprisonment in jail, in addition to a new sentence for any subsequent offense. Law enforcement, including the police, can apply for a summons or warrant if they suspect a breach.

Our team specialise in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

Queensland’s Police Drug Diversion program will be expanded to include the minor possession of all types of drugs by implementing a new tiered approach:

1st minor drug-possession offence – a police officer issues a warning, accompanied by a drug warning notice and a police referral to a support service.

2nd and 3rd minor drug-possession offence – a police officer offers the opportunity for the person to participate in a mandatory Drug Diversion Assessment Program.

4th minor drug-possession offence – a police officer issues the offender with a notice to appear in court.

The police drug diversion program, which is currently only for cannabis, will be expanded to include all drugs, meaning people found with small personal quantities of substances like heroin and methamphetamines will be given three chances to avoid criminal charges.

The impact of the changes will be widespread – prompting a call for more resources for “already swamped” health services.

Anyone facing criminal charges, or who has already been to jail for drug offences, would be ineligible for diversion.

According to 2019 data from the Australian Institute of Health and Welfare, one in six Australians used an illicit drug in the previous 12 months.

The state government estimates 17,000 Queenslanders could avoid prosecution in the first year of implementation with the majority never having contact with police again.

Our team specialise in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

As of the 3rd of October 2023, anyone charged with rape, sexual assaults, attempted to commit rape and assault with intent to commit rape in Queenslandwill be allowed to be publicly identified prior to trial.

‘These new changes to the Criminal law (Sexual Offences) Act 1978 (Qld) are directed at shifting the perception of the cultural attitude towards cases of sexual offences.’ According to Minster Yvette D’Ath the minister for Justice and prevention of domestic and family violence minster. “The Palaszczuk government will continue to look at how we can further strengthen our justice system so it will hold offenders accountable and increase the transparency of sentencing decisions to meet community expectations.

The changes to Queensland laws are intended to ensure that there is fairness across the board in all states and territories in Australia. As all the states after the 3rd of October excluding the Northern Territory will be able to identify the accused prior to the trial commencing.

What happens if you are charged with a sexual offence?

Anyone who is charged with rape, sexual assault, attempt to commit rape and assault with intent to commit rape will be allowed to be publicly identified prior to trial. There is only one exception to this new law, which is if identifying the accused would identify the accuser.

The applications for NPO, are already coming in fast to try and protect the identities of the accused from the media. As recent as five days ago in Toowoomba there was an application made to the Supreme Court to give the man’s identity supressed until the matter is fully heard, this injunction was granted.

The Supreme Court of Queensland have settled the law on this topic with the decision of

 Lehrmann v Queensland Police Service & Ors [2023] QSC 238

 

So, what can you do to avoid be publicly named?

Accused sexual offenders can still apply to prevent their names from being publicised by the media by putting an application before the court for a non-publication order (NPO).  This would need to be filed immediately, or they will run the risk of their names being printed.

This new legislation applies to any new, ongoing to historical case in Queensland. That essentially means that anyone who has been accused of sexual offences, or who was accused in the past, may now have their matter publicised.

What if someone is named and the charges get dropped?

The system will be similar to what happens in the other states, that the media can post an article stated that the alleged offender was fund not guilty. The issue lies in the fact that the media do not need to delete the posts once the person has been found not guilty which means that when the persons name is google that the old articles will still be accessible by the general public.

Which as a result means that the person that was found not guilty will still be affected by the stigma of being accused of a sexual offensive, that is imposed on people by the general public. As even the allegation of sexual offences in itself is damaging to a person.

 

This is mean that the accused offenders will face their trial in court and be and a trial by the media that voids the fundamental right to a fair trial and the presumption of innocence until proven guilty.

 

Our team specialise in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

This article is for general information only and should not be relied on for specific legal advice.  The author will not be held responsible for any action that a person takes as a result of interpretation of the contents of this article.  It is important to seek specific advice from a qualified and experienced lawyer for any legal problem.   

What is Careless Driving?

In Queensland it is an offence to drive a motor vehicle carelessly, also commonly known as driving without due care.

The Police must prove that you were not driving carefully and in a way that showed reasonable consideration for other road users.   It is important to note that you can be charged with careless driving even if you are driving on private property, or if there are no other cars involved.

You can be charged with the offence of careless driving regardless if you have caused an accident or not. If you have caused an accident as a result of your driving it will be found to be an aggravating factor, making the charge more serious.

You can be charged with careless driving if you have caused an accident that has resulted in injury to another person or death, however more serious charges such as Dangerous Driving are more common when serious injury or death is caused.

The Law

Section 83 of the Transport Operations (Road Use Management) Act (Qld) states;

1. Any person who drives a motor vehicle on a road or elsewhere without due care and attention or without reasonable consideration for other persons using the road or place is guilty of an offence.

2. If the court convicts a person of an offence against subsection (1) in the circumstances mentioned in paragraph (a) or (b) of the penalty, the court, whether or not any other sentence is imposed, must disqualify the person from holding or obtaining a Queensland driver licence for a period of at least 6 months.

Elements of the Offence

It is the duty of the prosecutor to prove beyond a reasonable doubt that the Defendant has committed the offence.  Every charge has a number of elements that the Prosecutor must prove beyond a reasonable doubt.  For the charge of Careless Driving the Prosecution must prove;

1. Defendant – The Prosecutor has to prove the identification of the offender;

2. Drove;

3. A Motor Vehicle;

4. On a Road or Road Related Area; Without due care and attention; OR

5. Without reasonable consideration for other persons using the road or place.

Maximum Penalty for Careless Driving

The charge of careless driving holds a maximum penalty of 6 months imprisonment or a fine of 40 penalty units.

If death or grievous bodily harm is caused to another person AND it was an unlicensed driver at the time of committing the offence it holds a maximum penalty of 2 years imprisonment or 160 penalty units.

If death or grievous bodily harm is caused to another person it holds a maximum penalty of 1 years imprisonment or 80 penalty units.

The Court is not required to impose a period of disqualification, however has discretion to impose a period of disqualification if they believe it is warranted. Disqualification can range from 1 month to an absolute disqualification.

Absolute disqualification means you are disqualified for a minimum of 2 years, after the period of 2 years you can apply to have your licence reinstated.

Convictions

In Queensland, if a person is convicted of Careless Driving, then the court could impose one of the following penalties:

  • Jail (suspended, parole or actual time);
  • Intensive Corrections Order;
  • Probation;
  • Community Service Order;
  • Fines.

The actual penalty will depend on the circumstances of the matter including the seriousness of the offence and the individual circumstances and background of the Defendant.

Possible Defences

There are a number of defences available to charges at law.  Not every defence is available to every charge.  You will need to seek specific legal advice to see if you have a defence available to you for this charge.  Some of the common defences available in criminal charges are;

  • Necessity;
  • Mistake of Fact;
  • Public Safety;
  • Self Defence or defence of another person;
  • Intoxication;
  • Provocation;
  • Accident;
  • Duress;
  • Compulsion;
  • Insanity;
  • Automatism

Which Court will your matter be heard in?

The charge of Careless Driving will be heard in the Magistrates Court in Queensland.  The charge will be heard and determined by a Magistrate alone whether you plead guilty or not guilty.  There is no jury in the Magistrates Court.  

What should I do if the police want to speak to me about a Careless Driving allegation or if I am charged with Careless Driving?

You have the right to remain silent. You DO have to provide police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.

Call an Expert

If you are charged with a criminal offence, it is very important that you seek immediate legal advice. Our team at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court.

Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.

This article is for general information only and should not be relied on for specific legal advice.  The author will not be held responsible for any action that a person takes as a result of interpretation of the contents of this article.  It is important to seek specific advice from a qualified and experienced lawyer for any legal problem.

Probation is a sentencing option that the court has that is used as an alternative to, or in conjunction with a jail sentence.  Probation is typically used when the Defendant has a particular need for supervision or ongoing support and guidance in the community (for example a drug addiction) and would benefit from supervised rehabilitation whilst in the community.

A period of probation can be ordered anywhere between 6 months and 3 years.

The court will impose a period of probation typically when an element of supervision is required for the defendant.

If you are sentenced to a period of probation the Court can still exercise their discretion under section 12 of the Penalties and Sentences Act 1992 on whether or not to record a conviction against you if you are sentenced solely to a probation order.

What a Probation Order Entails

Probation is intensive supervision by the probation and parole office and will require constant contact with the allocated supervising officer. A person on probation must report to the nearest probation and parole office usually within 48 hours of the time of sentence. It is recommended that you go and report to that office immediately after court.

If you sentenced to a Probation Order you will have the following standard conditions that you must comply with:

  • You must report to nearest The Office of Probation and Parole within 48 hours;
  • You must not commit another offence during the period of the Probation Order;
  • You must notify the Office of Probation and Parole of a change of address within 48 hours;
  • You must not leave the State of Queensland without permission from the Office of Probation and Parole;
  • You must comply with every reasonable direction of the Office of Probation and Parole; and
  • You must comply with every direction to undertake counselling as directed by the Office of Probation and Parole.

The standard conditions that are included on a probation order mean that you may have to complete courses or programs at the direction of your probation officer. If there is a cost associated with these courses or programs, you will be expected to attend to the payment required.

The Court has the power under section 94 of the Penalties and Sentences Act 1992, to consider imposing further conditions on the Probation Order that a defendant is sentenced to. These conditions can include:

  • Getting assessed for any medical, psychiatric or psychological issues and then completing any treatment as directed by your probation officer;
  • Complying with any Urine or Breath testing at the direction of the Office of Probation and Parole;
  • If the offence is a domestic violence offence, the court will impose a condition that you undergo a domestic violence course during the period of the probation order;
  • And any other specific requirements the Court deems the Defendant should address to assist in their rehabilitation.

If you breach probation in any way, then it is likely that you will be summonsed to go back to court. In that event, your probation order could be revoked, and you could be resentenced in relation to the original offences (this could include a harsher sentence).

The Court cannot sentence you to a period of Probation unless you are willing to consent to the Probation Order and the conditions that you will be subject to.

The Court will read through the conditions that you are being sentenced to and ask you to confirm if you will consent to the Probation Order. If you do not consent to the Probation Order, then the Court will have to consider alternative sentencing options for your matter.

List of Probation and Parole Offices in Queensland

Beenleigh, Brisbane (Spring Hill / Chermside / Buranda), Bundaberg, Burleigh Heads, Caboolture, Cairns, Cleveland, Emerald, Gladstone, Gympie, Harvey Bay, Inala, Innisfail, Ipswich, Kingaroy, Logan City, Mackay, Mareeba, Maroochydore, Mt Gravatt, Mt Isa, Noosa Heads, Pine Rivers, Redcliffe, Rockhampton, Toowoomba, Roma, Southport, Thuringowa, Thursday Island, Townsville and Wynnum.

What Happens If I Do Not Comply With My Probation Order?

If you fail to comply with your Probation Order while it is in place, then you will face a further offence of Breach of Probation Order. This means that your matter will be sent back before the Court with a breach pack that is prepared by Probation and Parole.

A breach offence occurs when:

  • You have committed another offence during your probation order period; or
  • You have failed to comply with the conditions of your probation order or to complete your probation order.

If you have breached your Probation Order than Probation and Parole can seek that your Probation Order be revoked and you be resentenced for the offences that you received Probation for. If the breach is proven then you can face a fine for breaching your probation order.

They can also recommend if you are still suitable for further community-based orders such as Community Service Orders or Intensive Corrective Orders. If you are not suitable for further community-based orders you run the risk of the Court considering a period of imprisonment in relation to your offending.

Courts have zero tolerance for breaches of probation and will impose strict penalties. The penalties of the breach vary depending on the severity of the misconduct and the nature of the offence.

Our team specialise in criminal defence. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

Did you know, that under section 83 of the Transport Operations (Road Use Management) Act in Queensland, that any person driving a motor vehicle on a road without due care and attention or without reasonable consideration for other persons using the road or place is guilty of an offence? It does not matter whether or not you had an accident.

Examples of driving without due care and attention

These include (but are not limited to):

  • Eating while driving;
  • Applying makeup while driving;
  • Changing lanes without looking;
  • Running a red light to stop sign;
  • “Brake checking” another car.

The penalty for driving without due care and attention

There is no maximum for the offence varies.

If the person causes the death of or grievous bodily harm to another person and was an unlicensed driver at the time of committing the offence- 2 years imprisonment is the maximum penalty.

If the person causes the death of or grievous bodily harm to another person but was licenced, then the maximum penalty is 1 year imprisonment.

If these aggravating features are absent, the maximum penalty is 6 months imprisonment.

The matter will go before a Magistrates Court. At Court, you are asked if you are pleading guilty or not guilty. If you elect to plead guilty, it means you accept you did drive without due care and attention and the prosecutor will tell the magistrate what occurred, hand up any traffic or criminal history you may have. You will then be given the opportunity to explain to the Magistrate what occurred, what your situation is and why your licence should or should not be disqualified.

A Magistrate will then impose a penalty they view as just and reasonable in all the circumstances.

There is no mandatory minimum period of disqualification for this offence, however the Magistrate can disqualify you from driving for a period of 1 month to an absolute disqualification, depending upon the circumstances of the case.

If disqualified, you cannot apply for a work licence or hardship licence.  Therefore, if holding a licence is a vital element of your job, then the circumstances of same, must be put to the Court at the time of sentence, and in such a way that the court does not impose any disqualification period.

Our team specialise in traffic law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

This article is for general information only and should not be relied on for specific legal advice. The author will not be held responsible for any action that a person takes as a result of interpretation of the contents of this article.  It is important to seek specific advice from a qualified and experienced lawyer for any legal problem.

Arson is a serious offence and is the act of intentionally destroying or damaging property through the use of fire.  It is also deliberately committing an act that, at the time, you were aware the property catching fire was a likely consequence and did so regardless of the risk.  Property includes a building or structure, motor vehicle train, aircraft or vessel, any stack of cultivated vegetable produce, or of mineral or vegetable fuel, a mine, or the workings, fittings, or appliances of a mine.

The Law:-

Section 461 of the Criminal Code (Qld) 1899 states;

(1) Any person who wilfully and unlawfully sets fire to any of the things following, that is to say—

(a) a building or structure;

(b) a motor vehicle, train, aircraft or vessel;

(c) any stack of cultivated vegetable produce, or of mineral or vegetable fuel;

(d) a mine, or the workings, fittings, or appliances of a mine;

is guilty of a crime, and is liable to imprisonment for life.

Elements of the Offence:

It is the duty of the prosecutor to prove beyond a reasonable doubt that the Defendant has committed the offence.  Every charge has a number of elements that the Prosecutor must prove beyond a reasonable doubt.  For the charge of Arson the Prosecution must prove;

  1. Defendant– The Prosecutor has to prove the identification of the offender;
  2. Fire– There needs to be an actual fire, scorching or charring is not sufficient.
  3. Wilfully– Actual intention to set fire, or deliberately did an act aware at the time that catching fire was a likely consequence and did so regardless of the risk;
  4. Unlawfully– Without the owner’s consent, unless justified or excused by law.

Maximum Penalty for Arson

The maximum penalty is life imprisonment.

Convictions:-

In Queensland, if a person is convicted of Arson, then the court could impose one of the following penalties:

  • Jail (suspended, parole or actual time);
  • Intensive Corrections Order;
  • Probation;
  • Community Service Order;
  • Fines.

The actual penalty will depend on the circumstances of the matter including the seriousness of the offence and the individual circumstances and background of the Defendant.

Possible Defences for Arson

There are a number of defences available to charges at law.  Not every defence is available to every charge.  You will need to seek specific legal advice to see if you have a defence available to you for this charge.  Some of the common defences available in criminal charges are;

  • Intention;
  • Accident;
  • Necessity;
  • Intoxication
  • Identity;
  • Insanity;
  • Mental Impairment.

Which Court will your matter be heard in?

The matter is strictly indictable.

In that event a committal hearing will have to be conducted and then the matter will proceed to the District Court.  If you enter a plea of guilty then the charge will be determined by a Judge.  If you enter a plea of Not Guilty then the trial will be before a Judge and Jury.  If you are found guilty then you will be sentenced by the Judge.

What should I do if the police want to speak to me about an Arson allegation or if I am charged with Arson?

You have the right to remain silent. You DO have to provide police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative or lawyer.

Call an Expert

If you are charged with a criminal offence, it is very important that you seek immediate legal advice. Our team at Brooke Winter Solicitors can give you over the phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court. Call us on 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.

As their initial announcement for National Road Safety Week, the Queensland State Government has announced that they will be furthering their Hold the Red radars by expanding to an additional fifteen intersections across Queensland.

In 2018 the Hold the Red Trial commenced and saw four intersections, two in Brisbane and two on the Gold Coast, have the new radars introduced.

The systems use a radar to detect cars looking likely to attempt to run a red light. Where a danger is identified by the radar the opposing traffic lights will hold on red lights to prevent the opposing traffic from entering the intersection and therefore preventing T-bone collisions. The system is designed to hold the opposing lights for two seconds.

Whilst lowering the risk of crashes at the sites motorists caught by the radar will also face penalties by infringement notices for the offence, and face a speeding fine if they are caught speeding to beat the light change.

The Government intends to have the radar installed at the further fifteen intersections by mid-2024 and have indicated that the chosen intersections have been selected due to having high records of motorists running red lights.

Queensland’s road death toll is already sitting at over 80 fatalities this year alone and the intention is for the radar to assist road safety in high crash intersections.

Our team specialise in criminal defence. Our role is to sit down with you and work out the strategy that will get you the best possible result. 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 Gold Coast man has been charged after allegedly targeting “mum and dad” investors in a $30 million fraud case. It is alleged $24.8 million has already been spent gambling, rather than the purpose the money was received for.

He was arrested at his home in Hope Island, Queensland after an extensive investigation by New South Wales Police.

Due to the alleged offending being based out of New South Wales, Police Prosecutions had to make an application for him to be extradited to NSW. This extradition application was successful, and the Queensland man then went before His Honour Magistrate Dunlevy in the Tweed Heads Local Court for a bail application.

After rigorous submissions by his solicitor, the man was denied bail on the basis he posed a “very great risk of failing to appear” at future court dates.

If convicted of under section 192E of the Crimes Act 1900, he faces a maximum penalty of 10 years imprisonment. The matter must be heard in the District Court of New South Wales, regardless of whether the man pleads guilty or not guilty to the allegations.

Our team specialise in criminal defence. Our role is to sit down with you and work out the strategy that will get you the best possible result. 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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