In January 2024, we introduced the topic of AI integration into Australian courtrooms, and today we take a more comprehensive look at this issue.

Background

Last year, we saw a law firm representing an airline employ ChatGPT to craft a legal argument, citing six fictitious cases. Amongst the court responses, “A submission filed by plaintiff’s counsel in opposition to a motion to dismiss is replete with citations to non-existent cases.” To comment that this law firm was reprimanded by the court would be an understatement. This event served as the first important lesson for the legal community regarding the risks of Generative AI.

A Repeated Pattern

Fast forward to February 2024, further issues surfaced in the US Court of Appeal where a self-represented litigant resorted to citing fake legal cases in their court filing generated by AI. The court remarked, “Particularly concerning to this Court is that Appellant submitted an Appellate Brief in which the overwhelming majority of the citations are not only inaccurate but entirely fictitious.” The repercussions were severe; the appeal was dismissed, and the appellant was ordered to indemnify (pay) the opponent’s legal expenses.

Again, at the beginning of 2024, a lawyer submitted a memorandum filled with fake citations. When pressed by the court for an explanation, the lawyer said he had “no idea” where the cases came from. Further investigation revealed that the lawyer had delegated the task of sourcing relevant precedents to colleagues who relied on AI. The lawyer apologised to the judge for the fake citations and expressed regret for failing to “exercise due diligence in verifying the authenticity of all caselaw references provided by the [AI] system”.

Broader Lesson

In an era of rapid technological advancement, lawyers should keep their finger on the pulse. The onus lies on lawyers to exercise due diligence, particularly when submitting documents to courts. Blind faith in AI not only invites judicial punishment as provided above, but also jeopardises the fidelity owed to clients.

As the legal landscape continues to evolve, embracing technology is inevitable. However, it is important that the integrity of the legal process remains untouched.

Our team are experts 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. 

Bribery is the act of dishonestly persuading someone (person or company) to act in one’s favour or provide an improper advantage by offering a gift of benefit or other improper inducement. Bribery of a Member of Parliament includes offering such a bribe (gift of benefit or improper inducement) to a government official. This can include offering money, service, property, access to goods or services etc to government officials in order to gain an unfair advantage from them.   

The Law Surrounding Bribery of Member of Parliament

Section 60 of the Criminal Code (Qld) 1899 states; 

(1) Any person who— 

(a) in order to influence a member of the Legislative Assembly in the member’s vote, opinion, judgement, or action, upon any question or matter arising in the Legislative Assembly or in any committee thereof or in order to induce the member to absent himself or herself from the Assembly or from any such committee, gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, any property or benefit of any kind to, upon, or for, such member, or to, upon, or for, any other person; or 

(b) attempts, directly or indirectly, by fraud, or by threats or intimidation of any kind, to influence a member of the Legislative Assembly in the member’s vote, opinion, judgement, or action, upon any such question or matter, or to induce the member to so absent himself or herself; 

is guilty of a crime, and is liable to imprisonment for 7 years.

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 Bribery of a Member of Parliament the Prosecution must prove; 

  1. Defendant – The Prosecutor has to prove the identification of the offender; 
  2. Intended; or  
  3. Attempted to Influence or Induce; or 
  4. Threatened or Intimidated; 
  5. A Member of the Legislative Assembly; 
  6. In the Members Vote, Opinion, Judgement or Action.

Maximum Penalty for Bribery of Member of Parliament:

The maximum penalty for this offence is seven years imprisonment. 

Convictions

In Queensland, if a person is convicted of Bribery of a Member of Parliament, 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 Bribery of Member of Parliament

There are a number of defences available to charge 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 Bribery of Member of Parliament needs to be heard in the higher court and cannot be dealt with by a Magistrate. 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 a Bribery of Member of Parliament allegation or if I am charged with Bribery of Member of Parliament?

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.

Family violence is a topical issue that extends far beyond the confines of physical harm. The Family Violence Act (Tas) 2004 underscores this complexity by defining family violence as a range of behaviours that go beyond mere physical assault. From emotional abuse to economic control, family violence manifests in various forms, leaving victims grappling not only with the immediate physical repercussions but also with lasting emotional, mental and societal consequences.

The Family Violence Act (Tas) 2004 provides a comprehensive list of behaviours constituting family violence. It goes beyond the obvious physical harm, incorporating assault, sexual assault, threats, coercion, intimidation, verbal abuse, abduction, stalking, economic abuse, and emotional abuse. This expansive definition reflects a growing understanding that violence within the family unit is not confined to visible scars but encompasses a spectrum of damaging behaviours.

The inclusion of emotional abuse within the definition of family violence is a crucial acknowledgement of the profound impact such actions can have on victims. In a society where the consequences of physical harm are often more readily apparent, emotional abuse can be insidious, leaving lasting scares on the psyche of the victim. A partner’s use of demeaning language or manipulation creates a climate of fear and worthlessness, perpetuating a cycle of victimization that extends beyond the visible bruises.

The Family Violence Act of 2004 signifies a paradigm shift in recognizing that family violence is not only a breach of interpersonal boundaries but a violation of the law. Just as one cannot coerce a colleague in the workplace, one should not be allowed to coerce or intimidate a member of a household. This legal perspective challenges societal norms and emphasizes the importance of protecting individuals from all forms of violence, be it physical, emotional, or economic.

Family violence has far-reaching consequences, particularly for children who find themselves in the midst of such turmoil. Research has consistently shown that children exposed to family violence suffer trauma akin to post-traumatic stress disorder. Contrary to the misconception that children are better off in homes with both parents, the reality is that witnessing or experiencing family violence can have detrimental effects on their well-being.

Family violence is a multi-faceted issue that demands a comprehensive understanding and response. The Family violence Act (Tas) 2004 has taken a crucial step in acknowledging the various forms of harm that can occur within familial relationships. As a society, we must continue to challenge stereotypes and recognise that violence transcends physical acts, filtering into the emotional and economic realms. By broadening our understanding of family violence, we can work towards creating a safer and more empathetic society for all.

Our team are experts 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 (03) 6240 5437.

In the wake of tragedy, the Queensland government has allocated 6 million dollars in funding for knife crime prevention campaigns, a move praised by those who have turned personal loss into powerful advocacy. The allocation, aimed at raising awareness and education, signals a step towards lasting change in combating knife-related violence.

Balin Stewart’s father, Michael, who lost his son to a stabbing incident in 2022, expressed gratitude for the funding, deeming it a step in the right direction. The Balin Stewart Foundation, established to prevent knife crime, will receive a $200,000 grant to enhance its strategies, including encouraging individuals to dispose of their knives and educating youths about the dire consequences of violence.

Similarly, the Jack Beasley Foundation, established by the parents of Jack Beasley, who was fatally stabbed in 2019, will receive $500,000 for its efforts to educate young people about knife dangers. The Beasley family played a pivotal role in the implementation of Jack’s Law, resulting in more than 450 weapons being removed from the streets through police operations. Their advocacy also contributed to the recent passage of laws restricting the sale of knives to minors.

The Government’s commitment extends to statewide initiatives, with over 5 million dollars allocated to the Queensland Police service for education and awareness campaigns on knife crime prevention. New retail sale restrictions on knives and related items are also part of the comprehensive strategy.

Premier, Steven Miles, acknowledged the remarkable efforts of the Stewart and Beasley families, turning personal tragedies into lasting legacies. Queensland, already a leader in combating knife crime, seeks to intensify its efforts with a multifaceted approach.

Police Minister, Mark Ryan, praised the families unwavering dedication, emphasising Queensland’s leading role in the fight against knife crime. The investment in education, awareness, and retail sale restrictions underscores the government’s commitment in tackling crime comprehensively.

This funding announcement prompts reflection on the broader societal issue of knife crime and violence. It raises questions about the effectiveness of prevention strategies, the role of advocacy in shaping legislation, and the responsibility of communities in fostering safety. Beyond the immediate impact, it challenges us to consider how tragedies can inspire positive change and whether such initiatives can pave the way for a safer future.

As Queensland takes bold steps to address knife crime, it prompts us to examine our own communities and reflect on the collective responsibility to create environments where such tragedies are minimized, if not eradicated altogether. The 6 million dollar investment is not just financial support; it is a testament to the resilience of families turning grief into action, striving for a society where every step forward is a step away from violence.

Our team are experts 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.

In the heart of Armidale, northern NSW, a unique youth intervention program named BackTrack has been rewriting the narrative of troubled youth since 2006. Founded by Bernie Shakeshaft, a former dingo tracker and jackeroo, BackTrack has become a beacon of hope for young individuals teetering on the edge of the criminal justice system. As Queensland grapples with rising youth crime rates, the question arises: Should the Sunshine State adopt a program like BackTrack to address its own challenges?

A Shakeshaftian Journey:

Bernie Shakeshaft’s journey from unconventional teacher to the founder of BackTrack began with a simple yet profound observation – the transformative power of pairing troubled youth with working dogs. Shakeshaft’s hands-on approach, coupled with practical skills training in welding, farm work, and construction, offers an alternative to conventional education. Unlike programs with set timeframes,BackTrack embraces a “whatever it takes for as long as it takes” philosophy, allowing participants to stay until they find their footing.

The Cost of Detention vs. Intervention:

Shakeshaft highlights a stark reality: it costs $700,000 annually to detain a child as young as 10, while the BackTrack residential program incurs only $160,000 per year. As Queensland grapples with budget constraints and the need for effective intervention strategies, the financial argument in favour of adopting a program like BackTrack becomes compelling. Shifting the focus from punitive measures to rehabilitation could not only save resources but also contribute to long-term societal benefits.

A Track Record of Success:

BackTrack’s impact is not just anecdotal. A 2014 study by the universities of NSW and New England reported a 38% decrease in Armidale’s youth crime rates in the program’s inaugural year. The emphasis on training working dogs has played a pivotal role, offering participants a sense of responsibility and purpose. The success of BackTrack has led to its model being adopted in eight other areas, forming the Tracker network, with numerus towns expressing interest.

Teaching Beyond Academics:

The program’s holistic approach extends beyond traditional academics. BackTrack recognizes the importance of equipping youth with practical skills and offers a safe-haven for those in need. Participants are not only trained in various vocational skills but also taught life principles encapsulated in agreements displayed prominently in the program’s classroom.

A Vision for Queensland:

As Queensland considers strategies to curb its rising youth crime rates, BackTrack provides a proven model worth serious consideration. The program’s ability to transform lives, reduce crime rates, and instil a sense of purpose in at-risk youth suggest that Queensland could benefit from adopting a similar approach. In doing so, the Sunshine State may find a cost-effective and compassionate solution to the complex challenge of youth offending.

BackTrack stands as a testament to the transformative power of unconventional yet pragmatic approaches to youth intervention. Queensland, faced with its own youth crime challenges, would do well to explore the merits of a program like BackTrack. The success stories, cost-effectiveness, and community-based ethos make it a compelling model for reshaping the future of troubled youth in the Sunshine State.

Our team are experts 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.

In a surprising turn of events, the Queensland Police Service reports a notable 16% decrease in youth offences in Toowoomba and the Darling Downs region. This announcement comes a year after the alleged murder of 75-year-old Robert Brown outside a shopping centre, which sparked increased scrutiny on youth crime in the area. However, as the police commend their strategies, a criminologist from Griffith University argues for a shift towards a more preventative approach.

The Numbers Tell a Story:

The Queensland Police Service released data indicating a drop from 5,277 youth offences in 2022 to 4,408 in 2023, reflecting a 16% reduction. Superintendent Douglas McDonald attributes this success to a combination of strategies, including the deployment of Taskforce Guardian, the use of PolAir, and the effectiveness of the youth co-responder team. Despite the positive trend, concerns linger, prompting a call for further action.

Toowoomba’s Turning Point

The spotlight on youth crime intensified following Robert Brown’s tragic death, leading to the arrest of three teenagers. The subsequent crime forum, attended by Police Minister Mark Ryan and Commissioner Katrina Carroll, aimed to address community concerns. Superintendent McDonald acknowledges progress but emphasizes the ongoing commitment to ensuring community safety.

National Trends and Proposed Law Changes:

While Toowoomba sees a decline, national data reveals a 6% increase in youth offending across Australia. The Australian Bureau of Statistics notes the first rise in the youth offender rate since 2009-10 statewide. Concurrently, the Queensland government considers potential law changes to enhance transparency around Children’s Court proceedings, signalling a broader attempt to address youth crime.

Criminologist’s Call for Rethink:

Griffith university’s associate professor Troy Allard challenges the celebration of the reported decrease. He urges caution in interpreting the raw data, pointing out the absence of population weighting and consideration for serious repeat offenders in custody. Allard calls for a comprehensive re-evaluation, asserting that the youth justice department should lead the charge rather than the police.

Moving Beyond Deterrence:

While Toowoomba’s reduction in youth crime in commendable, the call for preventative measures and a focus on rehabilitation rather than deterrence challenges conventional thinking. As discussions around potential law changes unfold, the community awaits further developments in the ongoing effort to tackle youth crime in Toowoomba and beyond.

Our team are experts 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.

The recent announcement of Queensland’s police commissioner, Katarina Carroll, resigning from her position has sent shockwaves through the state’s law enforcement and raised questions about the challenges faced by leaders in managing complex issues like youth crime. The decision comes amidst a backdrop of heightened media scrutiny and discontent with the police force, leaving many to ponder the future of policing in Queensland. 

The controversial legacy:

Katarina Carroll’s tenure as the 20th Police Commissioner of Queensland has been marked by both commendable achievements and contentious moments. From overseeing border closures during the COVID-19 pandemic to leading inquiries into police handling of domestic violence, she faced multifaceted challenges. However, it is the escalating youth crime crisis that has proven to be a formidable test for the commissioner, leading to growing dissatisfaction among frontline officers and calls for her resignation. 

Youth Crime and Leadership:

The youth crime epidemic in Queensland has become a focal point of public discourse, with critics arguing that Commissioner Carroll has not demonstrated effective leadership in addressing the issue. The recent incident involving a senior Gold Coast policeman and the authorization to ram a stolen car has intensified the debate. As calls for decisive action and stronger leadership grow louder, Commissioner Carroll’s decision not to seek a contract extension further complicates the situation. 

Commissioner Carroll’s departure prompts reflections on her contributions to Queensland’s law enforcement. Acknowledging the heart-wrenching moments of officers lost in the line of duty during her tenure, she expressed gratitude for the opportunity to lead an organisation with over 17,000 dedicated staff. As she steps down, questions linger about the impact of her leadership style and decisions on the morale and effectiveness of the force. 

The resignation of Queensland’s Police Commissioner sparks a broader conversation about leadership, accountability, and the challenges faced by law enforcement in addressing societal issues. As the state seeks new leadership to guide its police force, the spotlight remains on the critical need for effective strategies to combat youth crime and maintain the morale of frontline officers. The legacy of Commissioner Katarina Carroll serves as a remainder of the complexities inherent in leadership roles, especially in the demanding realm of law enforcement. 

Our team are experts 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.

In 2004, Tasmania took a significant step forward in addressing the issue of family violence by introducing the Family Violence Act 2004 (Tas). This landmark legislation marked a paradigm shift, in prioritising the safety, psychological wellbeing, and interests of all individuals affected by family violence. It emphasised a holistic approach that not only protected victims but also recognised the need for rehabilitation and support for offenders. As we delve into the particulars of this act, we witness a comprehensive legal framework aimed at fostering a safer and more supportive environment for those grappling with the repercussions of family violence.

A Comprehensive Definition:

The strength of the Family Violence Act lies in its broad and inclusive definition of family violence. It encompasses various forms of abuse, including economic abuse, which seeks to create dependency or strip individuals of assets, hindering their independence. The Act, outlined in section 7, explicitly recognises emotional abuse or intimidation, acknowledging the profound impact these non-physical forms of violence can have on victims.

Legal Aid’s Commitment:

Recognising the critical need for legal support in family violence cases, Legal Aid Tasmania appointed its first legal aid officer specialising in family violence by the end of 2004. Legal Aid continues to provide non-means tested assistance for victims, ensuring that everyone, regardless of their financial situation, has access to the legal resources necessary for protection.

Evolution and Enhancements:

Since its inception, the Family Violence Act and the accompanying Safe at Home Strategy have undergone regular reviews and updates to enhance their effectiveness. The commitment to continuous improvement underscores Tasmania’s dedication to refining the system and adapting to the evolving challenges posed by family violence.

Police Empowerment through PFVOs:

The Family Violence Act empowers the police with tools such as Police Family Violence Orders (PFVOs). These orders grant the police the authority to intervene swiftly and decisively, requiring offenders to vacate premises, surrender weapons, and refrain from any form of harassment or contact with the affected individuals. Enhanced training and specialist response teams in Tasmania emphasize the enforcement of these orders, making it a priority for the Tasmanian Police Service.

Family Violence Orders: A Court-Centric Approach:

Family Violence Orders (FVOs), granted by the court, complement the proactive role of the police. Courts have the discretion to tailor conditions based on what they deem necessary or desirable to prevent family violence. These orders can extend beyond the scope of PFVOs, allowing the court to alter residential tenancy agreements and confiscate firearms, showcasing a more comprehensive legal authority.

The Family Violence Act 2004 (Tas) stands as a testament to Tasmania’s commitment to combating family violence on multiple fronts. By prioritizing the safety of victims, addressing the root causes through offender programs, and empowering law enforcement with proactive tools, Tasmania has laid the groundwork for a more resilient and supportive society. As this legislation continues to evolve, its impact on curbing family violence and fostering rehabilitation remains a beacon of hope for those affected by the shadows of abuse.

Our team are experts 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 (03) 6240 5437.

A Family Violence Order is a legal mechanism designed to stop barriers against the turmoil of family violence. Anyone affected by family violence can apply for an FVO. Police officers can also apply on behalf of victims.

Applications and Considerations:

The court considers the safety and interests of the aggrieved party and any affected child, weighing the necessity of contact between parties and assessing any existing Family Court Orders.

Variation, Extension, or Revocation:

Courts recognise the dynamic nature of relationships and allow for changes to Family Violence Orders, taking into account the safety and interests of all parties involved.

Police Family Violence Orders:

Issued by senior police officers, Police Family Violence Orders provide an immediate response to family violence. These orders come with stringent conditions aimed at safeguarding the victim.

Breaching Orders:

The legal repercussions for contravening a Family Violence Order or a Police Family Violence Order can be severe, reflecting the gravity of the offence. Arrests, charges, and potential imprisonment await those who violate the terms of the orders.

In the maze of family violence, understanding the available legal mechanisms in place is crucial. However, it is equally important to recognise that family violence extends beyond physical harm. It is a complex interplay of power, control and manipulation. As we unravel the layers of family violence orders, we must also unravel the societal norms that perpetuate such toxicity, fostering an environment where love and respect prevail over control and dominance.

Our team are experts 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 (03) 6240 5437.

As of 19 February 2024, Todd Fuller KC (Kings Counsel) has been appointed Queensland Director of Public Prosecutions.

Todd Fuller was called to the Bar in 1989 and has since held various positions within the legal system. He served as a Crown prosecutor the same year and has been a full-time Deputy Director of Public Prosecutions since 2016.

Fuller’s experience encompasses all aspects of the criminal justice system across different jurisdictional levels. He has appeared in courts throughout Queensland, including significant trials in the Supreme Court and complex matters before the Court of Appeal.

Outside of his legal practice, Fuller is actively engaged in the legal community. He is a member of the Bar Association of Queensland and serves on several committees related to legal education and university relations. Additionally, he has been a long-term member of the Griffith Law School visiting committee.

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.

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