Terence Darryl Kelly was charged with abducting four year old Cleo Smith in November 2021, after she disappeared from her families tent during the middle of the night in October 2021.

Cleo was held for 18 days in Terence’s house in Carnarvon, Western Australia following her disappearance. She was located in a locked room within the premises.

There had been no sight of her despite vigorous search efforts which included land, air and sea searches.

Terence’s house was only a few streets away from where Cleo resides with her family.

On Monday 24 January 2022, Terence appeared before the Carnarvon Magistrates Court by videolink and plead guilty to child stealing.

He has been held in the Casuarina Prison, a maximum security facility in Perth since two days after Chloe was discovered in his home in November 2021.

Terence’s matter was adjourned to Western Australia’s District Court in March 2022, where he will eventually be sentenced following his plea in court. The maximum penalty in Western Australia for child stealing is 20 years imprisonment.

The court had not anticipated Terence’s admission of guilt on Monday but it will perhaps provide some closure to Cleo’s family.

Our team specialize 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.

Justin Stein has been arrested and charged with the murder of his partner’s daughter.

Nine-year-old Charlise Mutton, Queensland Resident, was on a holiday in New South Wales with her mother when she disappeared. Charlise was reported missing in the Blue Mountains last week Friday 14 January 2022. Her disappearance sparked a massive search by police officers, firefighters and State Emergency Service volunteers. The search ended on Tuesday 18 January 2022, when her body was found in a barrel near the Colo River.

An investigation by over 200 officers identified Stein, Charlise’s mother’s fiancé, as a suspect. Officers analysed GPS data and CCTV footage, and found ‘anomalies’ in his movements. He was shown to have attended a hardware store and purchase fuel and a number of sandbags. He next tried to float a boat at a dock in Sydney which failed as the boat was inoperable. Stein allegedly then travelled to the Colo River area, near where the body was found.

Deputy Commissioner Hudson said, “Until the post-mortem is conducted, we are still uncertain of what exactly happened to her. What we are sure of, is that the accused that we charged with murder was responsible for, firstly, placing her in the barrel, and then disposing of that barrel in the bushland where she was located.”

Stein faced court Wednesday 19 January for the murder charge but has not entered a plea, or applied for bail. Stein’s lawyer did note, however, that his client had long-term mental health problems. He is to return to court on 18 March 2022.

Many continue to mourn the tragedy of the young girl’s death. On Thursday 19 January 2022, hundreds of people in the community gathered for a vigil at Charlise’s school. School friends and teachers spoke about her kind and loving personality, saying, ‘Her bright smiling face and her beautiful nature shone as bright as her spirit is now.’

Police investigations are to continue to determine the exact nature of the sweet girl’s demise. With lots of emotional drive coming from the community, it is no doubt that this is only the start of a long journey as this matter travels through the criminal justice system.

Justin Stein has been arrested and charged with the murder of his partner’s daughter.

Nine-year-old Charlise Mutton, Queensland Resident, was on a holiday in New South Wales with her mother when she disappeared. Charlise was reported missing in the Blue Mountains last week Friday 14 January 2022. Her disappearance sparked a massive search by police officers, firefighters and State Emergency Service volunteers. The search ended on Tuesday 18 January 2022, when her body was found in a barrel near the Colo River.

An investigation by over 200 officers identified Stein, Charlise’s mother’s fiancé, as a suspect. Officers analysed GPS data and CCTV footage, and found ‘anomalies’ in his movements. He was shown to have attended a hardware store and purchase fuel and a number of sandbags. He next tried to float a boat at a dock in Sydney which failed as the boat was inoperable. Stein allegedly then travelled to the Colo River area, near where the body was found.

Deputy Commissioner Hudson said, “Until the post-mortem is conducted, we are still uncertain of what exactly happened to her. What we are sure of, is that the accused that we charged with murder was responsible for, firstly, placing her in the barrel, and then disposing of that barrel in the bushland where she was located.”

Stein faced court Wednesday 19 January for the murder charge but has not entered a plea, or applied for bail.  Stein’s lawyer did note, however, that his client had long-term mental health problems. He is to return to court on 18 March 2022.

Many continue to mourn the tragedy of the young girl’s death. On Thursday 19 January 2022, hundreds of people in the community gathered for a vigil at Charlise’s school. School friends and teachers spoke about her kind and loving personality, saying, ‘Her bright smiling face and her beautiful nature shone as bright as her spirit is now.’ 

Police investigations are to continue to determine the exact nature of the sweet girl’s demise. With lots of emotional drive coming from the community, it is no doubt that this is only the start of a long journey as this matter travels through the criminal justice system.

 

Our team specialize 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.

Bali bomber- Aris Sumarsono or better known as Zulkarnaen- eluded arrest for 18 years. He was captured in 2020 and has finally been sentenced to 15 years in an Indonesian prison.

Zulkarnaen was found guilty of terrorism crimes, including hiding information about the 2002 Bali Bombings and harbouring suspects.

The Bali Bombings in October 2002, killed 202 people, including 88 Australians.

Prosecutors demanded a life sentence for Zulkarnaen, however, this result was not able to be achieved. A panel of three Judges in East Jakarta District Court were forced to ignore the first charge preferred against Zulkarnaen – on a legal basis – as the statute of limitations had expired.

Indonesia’s Criminal Code stipulates that authority to prosecute criminals is abolished after 18 years. Meaning because Zulkarnaen evaded arrest for 18 years – he cannot be prosecuted for some charges.

Prosecutors said they would appeal to a higher court.

What is a statute of limitations?

A statute of limitations is a law that sets the maximum amount of time allowed, for parties in a dispute to bring legal proceedings. The date begins from the time of the alleged offence.

Cases involving severe crimes, like murder, crimes against humanity or war crimes generally do not have a statute of limitations. The statute of limitations however, does apply under Indonesian law for terrorism charges.

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.

World Number one tennis player, Novak Djokovic has been deported following the ten day appeal process about whether he was able to remain in Australia for the Australian Open. 

Originally Djokovic was given a medical exemption to allow him to enter Australia to participate in the Australian Open despite that he was not vaccinated against COVID-19.  

Djokovic was first issued with a temporary visa which allows individuals to work in Australia for a short-term period, including for sporting activities. This was prior to his medical exemption being granted.  

He was originally granted a medical exemption by the Chief Medical Officer of Tennis Australia, as he had recently recovered from COVID-19. When he entered the country on 5 January 2022, The Acting Australian Border force Commissioner examined an issue with his Travel Declaration and he was detained. 

The Australian government cancelled his visa the day after his arrival before Djokovic’s legal team challenged the Government’s decision to deport Djokovic. 

The challenge was originally successful and Judge Anthony Kelly quashed the cancellation of Djokovic’s visa on 10 January 2022. 

Four days later Immigration Minister Alex Hawke used his personal powers to cancel Djokovic’s visa in the overall final decision from the Government. The Immigration minister was able to do this as the Immigration and Home Affairs ministers, share 47 personal powers which they are able to use to enforce the Migration Act. 

The Minister’s discretionary powers stem form section 51(xix) of the Australian Constitution which states that Parliament has the power to make laws with respect to “naturalisation and aliens”.  

Under section 133C of the Migration Act, Mr Hawke, using his discretionary powers, cancelled Djokovic’s visa. He has said that it was in the public interest to cancel the visa as Djokovic was a ‘talisman of anti-vaccination sentiment’. He also stated that if Djokovic was to remain in Australia on the visa then his presence may incite ‘civil unrest’. 

The threshold of the Minister’s powers to cancel a visa under section 133C of the Migration Act is very low and does not require reasonable doubt to be shown for the cause of the cancellation.  

This case shows just how vast the Government’s authority can reach under their powers provided in the Constitution. Djokovic has been deported and has now been automatically banned from re-entering Australia for three years.  

 Our team specialize 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. 

According to Queensland’s Chief Health Officer, COVID cases continue to grow and are roughly doubling every 48 hours. These numbers are expected to increase significantly as we go into January. 

The statistics as of Monday, 20 December 2021 are as follows:  

Victoria has recorded 1,302 new COVID cases, New South Wales recorded 2,501 new COVID cases, Tasmania recorded 3 new covid cases, Australian Capital Territory recorded 13 new COVID cases and Queensland has recorded 59 new COVID cases. 

Many States and Territories have reached high levels of individuals who are fully vaccinated with Queensland recording that more than 84% of individuals over 16 are now fully vaccinated, and almost 200,000 border passes have been issued for individuals entering Queensland. 

The Australian Capital Territory has recorded that 98.4% of individuals over 12 are now fully vaccinated. New South Wales has recorded that 93.4% of individuals over 16 are now fully vaccinated. Victoria has recorded that 92% of individuals over 12 are now fully vaccinated.  

However, as we go into the Christmas holidays there is a looming concern that our borders will be closed again, and further lockdowns will follow. With the spread of SARS-CoV-2 (also known as Omicron) Australia has accepted its fate of high COVID numbers going into 2022. New South Wales Health Minister Brad Hazzard indicated that he was being prepared to accept 25,000 infections per day by January in the State.  

Deakin University’s chair of epidemiology, Professor Catherine Bennett has stated that it’s important to remember why Australia fought so hard to keep the virus out, and that was so we could get vaccinated.  

For those in Queensland, masks are mandatory in certain circumstances such as in airports and on domestic commercial flights. Furthermore, those arriving from overseas or COVID-19 hotspots who are required to quarantine must wear a mask when travelling from the airport to a quarantine hotel. This also applies to drivers transporting overseas or hotspot arrivals to quarantine locations. Masks are only recommended in situations where social distancing is not possible. 

There are currently no limits on the number of people who can gather in public outdoor spaces for Christmas, however gathers at private residences are currently limited to 100 people. 

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. 

Drink driving reforms came into effect on 10 September 2021.

The reforms incorporate an overhaul and expansion of the existing Alcohol Ignition Interlock Program, and the introduction of education programs. There are considerable new consequences if you choose not to participate in both programs.

Expansion of the existing Alcohol Ignition Interlock Program:

If you have been charged with any of the following, you will now be subject to the Alcohol Interlock Program through the Department of Queensland Transport for a minimum period of 12 months:

  • driving under the influence of alcohol,
  • drink driving with a blood/breath alcohol concentration (BAC) of 0.10 or more,
  • failing to provide a blood/breath specimen for analysis,
  • dangerous driving while affected by alcohol,
  • 2 or more drink driving offences (regardless of BAC) within 5 years.

This program is automatic upon being found guilty or pleading guilty to the abovementioned offences. The program does not need to be ordered by the court and will be enforced by the Department of Queensland Transport. The court has no power to order or direct that you are exempt from this program if you have been found guilty or plead guilty to the abovementioned offences.

What is the Alcohol Ignition Interlock Program?

An Alcohol Ignition Interlock is a device that will be fitted to your vehicle and will prevent your vehicle from starting unless you provide a specimen of your breath which contains a no alcohol reading.

Under the new program, all interlocks will be fitted with a camera which will take a reference photo at the start of the program and each time a breath sample is provided. These photos can be reviewed to ensure the driver provided the breath sample and is complying with the zero BAC requirement. It is an offence for someone else to blow into the interlock device for the interlock participant.

Associated Fees?

If you are subject to interlock, you will be required to pay all associated fees to install the interlock and remove the interlock. This is estimated to be, on average, $3000 per vehicle for the first 12 months. Some exemptions for the program exist under very strict requirements.

Is it Mandatory?

The Alcohol Ignition Interlock Program is not mandatory. HOWEVER, if you choose not to participate in the program, then you will not be able to drive for 5 years from the end of the licence disqualification period.

Requirements of the Program:

Under the new reform, there are two parts of the program that must be completed:

  • Learning period – the first 8 months of the program
  • Performance period – last 4 months of the program

How Long is the Program?

The minimum period on the Program is 12 months. However, given the program is now performance based, if a driver fails any of the interlock breath samples or breaches other conditions, their Interlock Program will be extended.

Can I still get a work licence?

Eligible convicted drink drivers who are granted a restricted (work) licence by the courts are not exempt and must have an interlock device installed to any vehicle they drive, including work vehicles. You may need to seek your employer’s permission to have an interlock installed in a vehicle. 

Introduction of Education Programs:

There are two education programs being introduced as part of the reforms.

  • Plan.Drive.Survive.
    Foundations course applies to all drivers who commit and are convicted of a drink driving offence (from 10 September onwards). Drivers who don’t complete the course will not be able to apply for their licence for 5 years.

  • Plan.Drive.Survive.
    Comprehensive course applies to any drivers who commit and are convicted of two or more drink driving offences from 10 September onwards. These repeat offenders will need to undertake this multi-session course in order to complete the Alcohol Ignition Interlock Program.

Our team specialize 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.

At 1:00am on Monday morning, the Queensland border opened to the rest of Australia following the vaccination rates reaching 80% double vaccinated. There is some important information you need to know about the border reopening.

You can travel from a hotspot and you will not be required to quarantine for 14 days regardless of whether you intend to arrive by air or road.

Prior to entering Queensland, you must have provided a negative COVID-19 lab test result within the 72 hours prior to arrival.

To be considered fully vaccinated you must have received the second dose of a COVID-19 vaccine at least a week prior to your intended date of arrival.

If you are travelling from a hotspot you must get tested on day five, after your arrival. If you test positive you will be expected to isolate.

If you are not full vaccinated and intend to travel into Queensland you will be required to quarantine for 14 days in a government nominated facility at your own expense.

You must ensure you complete your Queensland Entry pass in order to be allowed to cross the border. People need to be careful and ensure that they complete the correct border pass or they will be turned away at the border. For border residents there will be an ‘X’ Pass, there is a pass for intentional travellers and there will be a ‘G’ Pass which is one for individuals coming from hotspots.

If you are from the border zone are you are fully vaccinated then you will be able to freely move across the border for any reason without the need for a COVID test. You will still require a border pass. If you are not vaccinated than you can still travel into Queensland but it will need to be for essential purposes only.

It is highly recommended that individuals ensure they look at the Qld Health website to ensure they understand the Queensland Travel Restrictions prior to their travel into Queensland to prevent any issues when crossing the Queensland Border.

Our team specialize 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.

Castlemaine tradie, Glenn Stratton, was charged with murder in May 2021 after pulling the trigger to end his father’s life. This was not an act of hate however, rather an act of “love and respect” as put by Supreme Court Justice Hollingworth.

Stratton’s father, Colin Stratton was suffering from chronic cancer. He had attended numerous doctors, begging them to euthanise him under Victoria’s voluntary assisted dying program. On 24 May 2021, he asked his GP for a suicide pill, but was told that it would take at least two weeks to process the paperwork. He then turned to his family for help.

The father called his son, asking him to grab the rifle that had been sitting in his shed, unused, since his 14th birthday. Stratton did not want to assist, but his father said it was going to happen that day with or without his help. The father tried to point the rifle to his head himself, but was unable to pull the trigger. He then placed the end of the rifle in the hands of Stratton, with the barrel sitting on his forehead, asking for a final favour.

Stratton was arrested and charged with murder. He spent 46 days remanded in custody, unable to attend his father’s funeral. The charge was replaced with aiding and abetting suicide, to which Stratton pleaded guilty.

He was sentenced on 9 December 2021 before the Supreme Court.

Justice Hollingworth said, “The psychological pressure on you must have been enormous.” She described Stratton’s actions in helping his father achieve his wish as “loving, courageous and selfless”.

Her Honour found sentencing him to imprisonment would not benefit him or society. She convicted Stratton and released him on an adjourned undertaking for a period of two years.

Within her reasoning, she said “You finally pulled the trigger spontaneously out of love and respect for his wishes.”

This means he will not go to prison and will remain on strict orders to not commit any further offences, be on good behaviour and will have to undertake counselling and treatment for substance abuse problems.

Parents of Ethan Crumbley, the teen arrested for the murder of four schoolmates and the wounding of seven other people, have been charged with manslaughter.

This is the first time that parents of school shootings have been held accountable for the actions of their children.

It has been reported that Ethan’s parents, purchased a semiautomatic 9-millimeter Sig Sauer as an early Christmas gift. Ethan posted a picture of the gun on his social media page calling it “my new beauty”.

The family spent Thanksgiving testing out Ethan’s “new beauty”, which would then be left stored in an unlocked draw in his parent’s bedroom for his ready access.

When a teacher at school reported seeing Ethan searching online to purchase ammunition, and advised his parents of the same, Ethan’s mother text her son “LOL I’m not mad at you, you have to learn not to get caught”.

When a teacher at school sighted disturbing pictures drawn my Ethan depicting shooting other students, again, his parents were not alarmed and insisted he remain at school.

That same day, Ethan murdered four schoolmates and wounded seven other people. Ethan’s parents fled town before being arrested on manslaughter charges.

The Crumbleys are the first parents to be deemed culpable to a deadly school shooting. The Prosecution will build their case around the allegation that they allowed their son access to a handgun while ignoring glaring warnings that he was on the brink of violence.

The matter is in the very early stages of Court proceedings. If the Jury or a Judge find the Crumbley’s guilty of manslaughter, this case could become a very powerful precedent for the accountability of parents in their children’s criminal behaviour.

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.

Domestic Violence matter:

Our client was the Respondent in an application for a Protection Order. There was a Temporary Protection Order with 4 conditions, including no approach and no contact of the Aggrieved.

Court Attended:

Southport Magistrates Court

Attendance Date:

2 November 2021

Court Result:

Our client made an undertaking to be of good behaviour to the Aggrieved and named children. The application was withdrawn, and no court order made.

Brooke Winter Solicitors
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