Sharon Graham, aged 63, has been found guilty of orchestrating a murder plot involving the death of Bruce James Saunders, as he was fed into an industrial woodchipper. The incident occurred on 12 November 2017, at a property near Gympie. Graham, who pleaded not guilty, was accused of enlisting her then partners Greg Roser and Peter Koenig to murder Saunders with the motive of claiming insurance money.

According to the prosecution’s case presented at the Brisbane Supreme Court, Saunders, 53, was struck on the head with an iron bar while the trio was clearing vegetation on a friend’s rural property in the Sunshine Coast hinterland. The plan involved disposing of his body by feeding it into an industrial woodchipper to simulate an accidental death.

Saunders and Graham had an “on and off” relationship, complicating the motives behind the murder plot. Koenig, a key witness, testified that he witnessed Roser repeatedly striking Saunders on the head with the iron bar. Subsequently, he assisted in moving the lifeless body to the woodchipper, where he placed Saunders on the tray and used a stick to push the body in.

The court further heard that the day after the murder, Graham, over coffee, discussed Saunders’ will before spending the night in his bed with another man.

With the guilty verdict reached by the jury on Friday afternoon, Sharon Graham is now awaiting sentencing for her role in the disturbing murder plot.

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.

In a shocking case on the Gold Coast, two teenage girls, aged 16 at the time, have been sentenced to probation for their involvement in the torture and tragic death of Irish teen Cian English. The incident occurred on 23 May 2019 at the View Pacific apartments, where English fell to his death while attempting to escape a group accusing him and a friend of drug theft.

The Brisbane Supreme Court revealed that the unnamed girls filmed and posted a series of horrifying videos on social media, capturing the larger group torturing English and his friend over a 27-minute period. The footage portrayed the victim being stabbed, bruised, and threatened with violence.

Crown prosecutor Caroline Marco highlighted the girls’ callous remarks during the ordeal, quoting one as saying, “This is why you don’t steal shit from the boys,” and another cruelly stating, “The bad bitch I am, making this sad * clean his own blood up.” After English’s fatal fall, the girls fled the scene along with three male co-accused, all previously sentenced for manslaughter.

While Justice Peter Applegarth condemned the girls’ reprehensible actions, he acknowledged their age at the time and the challenges they faced in their upbringing. Despite having rehabilitated from drug use and being employed, the girls were sentenced to two years’ probation with no recorded conviction for one count of torture and two counts of armed robbery.

The lenient sentence has sparked a public debate given the gravity of the case and the emotional impact statements delivered by the victims’ families. English’s mother, Siobhan, expressed ongoing pain and loss, underscoring the challenges in finding justice for such acts.

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.

The Queensland Courts acknowledge several Domestic Violence prevention programs, one of which is the Men’s Domestic Violence Education and Intervention Program. This collaborative initiative involves a partnership with the Domestic Violence Prevention Centre Gold Coast and Queensland Corrective Services, often with a representative situated at the Southport Magistrate Court on the same floor as the Domestic Violence Court.

Primarily designed for men, this program extends its commitment by offering referrals to the female partners of participating men when deemed necessary.

Who Can Attend?

This program is tailored for men who are respondents to Domestic Violence Orders or those who have breached such orders. As of July 2022, eligibility has expanded to include a broader range of referrals, including self-referrals. Previously, attendance required a court order. To commence the program, individuals may approach a representative at the Magistrates Court Southport or contact the program office at (07) 5591 4222, where they will guide participants through the necessary steps.

Program Duration

The program spans 27 weeks, with sessions held for 1½ hours once per week. Conducted in rolling sessions over 50 weeks, participants can join at the commencement of any of the 9 topics covered, to then go on and complete their 27 weeks. Each topic is explored over a 3-week period.

Program Content

Throughout the 27-week duration, participants engage with 9 diverse topics centered around domestic violence. The program intentionally fosters an environment where men can comfortably articulate and reflect on their beliefs and underlying values contributing to harm in their relationships. This is achieved through open conversations and exploratory discussions into participants’ emotions.

Who Qualifies?

To enroll in the program, participants must meet specific criteria:

• Reside in the Gold Coast area.
• Be no younger than 18 years of age.
• Have exhibited harmful behavior in a relationship.
• Must have been referred to the program or self-referred through direct contact with the program.

This program underscores a commitment to fostering positive change and personal growth for individuals seeking to address and rectify issues related to domestic violence within their lives.

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.

With the advent of new laws on October 3, 2023, allowing for the public identification of individuals charged with offenses such as rape, sexual assault, attempted rape, and assault with intent to commit rape prior to trial, a significant paradigm shift in legal protocols has arisen.

The amendments to the Criminal Law (Sexual Offences) Act of 1978, as elucidated by Minister Yvette D’Ath, the Minister for Justice and Prevention of Domestic and Family Violence, are aimed at reshaping societal attitudes towards cases of sexual offenses. The Palaszczuk government’s commitment to fortifying the justice system, holding offenders accountable, and enhancing transparency in sentencing decisions aligns with community expectations. The overarching goal of the changes to Queensland laws is to ensure fairness uniformly across all states and territories in Australia, with the exception of the Northern Territory, where accused individuals can now be identified prior to the trial commencing.

Nevertheless, this legal framework includes a solitary exception; the accused may not be publicly identified if such identification would reveal the accuser’s identity. Consequently, an influx of Non-Publication Order (NPO) applications has been observed, seeking to shield the identities of the accused from media exposure.

Recent events in Toowoomba exemplify this trend, wherein an application was made to the Supreme Court seeking to suppress the accused’s identity until the matter is fully heard. This injunction, granted five days ago, has generated division within the court system, as the application was made to the higher-ranking Supreme Court, causing disquiet among lower court officials. The absence of a clear procedural pathway for accused individuals and their legal representatives has resulted in potential confusion.

In a related development, Bruce Lehrmann, a “high-profile” individual accused of rape in Toowoomba two years ago, can now be named following the denial of a non-publication order in a judicial review. Lehrmann, charged with two counts of rape, has been navigating early committal proceedings since January. The legal proceedings surrounding Lehrmann gained national attention in February 2021, as he was accused of raping another woman, Brittany Higgins, at Parliament House in Canberra in 2019. Recent changes in Queensland law allowed Lehrmann’s naming before trial, in line with other states and territories.

Despite Lehrmann’s legal team’s efforts to secure a non-publication order, arguing potential jury prejudice and harm to mental health, both claims were dismissed by Magistrate Clare Kelly on October 13 2023, a decision upheld by the Supreme Court on Thursday. Media outlets, including Guardian Australia, ABC, Nine, News Corp publications, Network Ten, and Queensland police, opposed the judicial review and non-publication order.

The ongoing legal complexities surrounding Lehrmann, including his defamation case against Network 10, journalist Lisa Wilkinson, and the ABC, underscore the intricate nature of legal proceedings in cases of sexual offenses. The broader implications of these legislative changes guarantees impact on legal procedures and media involvement warrant continued scrutiny and careful consideration.

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.

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.

Coercive control is poised to be established as a distinct criminal offense in Queensland, as outlined in pioneering legislative proposals unveiled by the Palaszczuk government for implementation by 2024.

Within the framework of these proposed laws, the government endeavours to proscribe the conduct of an adult meeting the following qualifications: the individual is involved in a domestic relationship with another party, and the individual consistently engages in a repeated pattern of behaviour characterized by acts of domestic violence on multiple occasions.

The new maximum penalty under the new provisions would be 14 years Imprisonment.

What is coercive control?

Coercive control, in formal terms, can be defined as a recurrent pattern of conduct encompassing emotional, psychological, and financial abuse, as well as the acts of isolating, intimidating, engaging in sexual coercion, and resorting to cyberstalking.

How can I identify coercive control?

In order to identify coercive control, one should be vigilant for the following signs:

1. Isolation: An abusive partner may isolate you from your support network, such as friends and family, to undermine your access to the necessary support.
2. Monitoring: They may engage in constant surveillance, monitoring your activities throughout the day.
3. Denial of Freedom and Autonomy: Coercive controllers may restrict your freedom and independence, which can manifest as preventing you from attending work or school, limiting transportation options, stalking your movements, taking control of your devices and passwords, and more.
4. Gaslighting: Gaslighting is a manipulative tactic used by abusers to make you doubt your own reality and sanity by insisting on their version of events, even when evidence contradicts it.
5. Verbal Abuse: Coercive control may include name-calling, severe criticism, and malicious put-downs, which constitute extreme forms of bullying.
6. Financial Control: This involves limiting access to money and controlling finances as a means of disempowering you. It can include imposing strict budgets, restricting access to bank accounts, hiding financial resources, preventing you from having a credit card, and closely monitoring your spending.
7. Domestic Duties: Abusers might coerce you into shouldering all domestic duties, such as cleaning, cooking, and childcare, without sharing responsibilities.
8. Child Manipulation: If you have children, the abuser may attempt to manipulate them against you by making derogatory comments, belittling you in their presence, or sowing a narrative that portrays you as abnormal.
9. Health and Body Control: The abuser may exert control over aspects of your health and body, including monitoring and regulating your eating, sleeping, exercise, bathroom usage, medical choices, and medications.
10. Jealousy: Abusers may exhibit unwarranted jealousy, making accusations about your interactions with family, friends, or online contacts in an effort to isolate you further.
11. Sexual Control: They might regulate your sexual relationship, imposing demands regarding the frequency and types of sexual activities.
12. Threats: In extreme cases, coercive controllers may resort to threats against your children or pets, using them as tools of intimidation when other forms of control prove ineffective.

These behaviours collectively constitute the manifestations of coercive control, which is a serious issue that warrants attention and intervention.

WHY WOULD THE NEW COERCIVE CONTROL LAW BE NEEDED?

The proposed legislation represents a significant response to the findings of the Women’s Safety and Justice Taskforce, which has recommended its implementation in order to address the profound distress experienced by victims of abuse. This distress stems not only from their perpetrators but also from the involvement of the perpetrator’s family and acquaintances, as well as individuals hired to survey and monitor them. The envisaged measures include the introduction of community education campaigns and training initiatives focused on the recognition and understanding of coercive control dynamics.

Additionally, these proposed laws aim to establish a court-based perpetrator diversion scheme, thereby enhancing the legal framework’s capacity to address and prevent such abusive behaviours. Moreover, the legislation advances the adoption of an affirmative consent model akin to those in New South Wales and Victoria, reflecting a commitment to providing robust protections for victims of coercive control.

HOW COULD THE NEW LAWS HELP ME?

The primary objective underlying the proposed legislative measures is to mitigate the pervasive issue of domestic violence in Queensland. Recent statistics, as of August 2023, have revealed a disturbing surge in domestic violence incidents, with the state recording an alarming daily average of nearly 500 such cases. This sharp increase, exceeding 40 percent, has been observed since the tragic murders of Hannah Clarke and her children. These disconcerting figures have deeply unsettled law enforcement officials, including Police Commissioner Katarina Carroll, who, despite her extensive career, found these statistics unprecedented.

The state reported a distressing total of 171,750 domestic violence incidents during the 2022-23 financial year, translating to approximately 470.5 cases daily. This stark contrast from the figures in prior years, such as 138,928 incidents in 2020-21 and 90,000 in 2017-18, underscores the pressing need for effective legal measures.

In alignment with New South Wales and Victoria, Queensland is poised to adopt an affirmative consent model. In addition to these significant legislative changes, community education campaigns and training programs focusing on coercive control are being introduced.

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:

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

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

4^th 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 3^rd 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 3^rd 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

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.

On the 21^st of October 2023 new laws were introduced in Victoria to ban the Nazi salute. There were already laws in place preventing the use of the Hakenkreuz (hooked cross Nazi symbol) these new laws now expand that to cover all symbols and gestures related to the Nazi group.

A Melbourne man is the first to have been reported breaching these laws, since they were put in place. He was walking out of the Victoria County Court when he said in front of cameras “heil Hitler” whilst raising his right arm. He then makes a further comment whilst walking away calling out “Australia for the white man, heil Hitler.”

What constitutes an offence?

You will commit an offence under these laws, if you intentionally display or perform a symbol or gesture used by the Nazi Party in a public place or within the view of the public. It will also need to be proved that you ought to have reasonably known, that the symbol or gesture is a Nazi symbol or gesture.

What is the penalty for committing an offence?

A person who commits an offence could face fines of $23,000.00 or 12 months imprisonment, or both.

What are the exceptions?

A person is not committing an offence if they display or perform a Nazi symbol or gesture reasonably and in good faith. This includes for genuine academic, artistic, educational, or scientific purpose, or in making or publishing a fair accurate report of any event or matter of public interest. Further exceptions include, if a person display’s a Nazi symbol for genuine cultural or religious purposes. This ensures certain religions can continue to use the sacred swastika. Or the use of a Nazi symbol or gesture in opposition to Nazism or related ideology. Tattoos of Nazi symbols or gestures are also an exception to this ban.

What will happen if you are caught breaching these laws?

Police have the power to arrest and charge you if you’re in breach. Police can also direct you to remove the symbol from public view. If you are asked to remove the symbol and do not follow those instructions, you could be charged and receive a fine of approximately $1,900.00 or 10 penalty units.

Our team specialize 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.