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 Obtaining A Financial Benefit by Deception?
In Australia, it is a Commonwealth crime to obtaining a financial benefit by deception. Dishonesty offences in general include theft, fraud and false accusations. This charge involves an individual deceiving a Commonwealth entity with the aim of gaining monetary benefit.
Deception can be through acting dishonestly or intentionally deceiving the Commonwealth entity in order to obtain a financial benefit. This property must belong to a Commonwealth entity this includes the Australian Taxation Office, Centrelink and other government entities.
The Law:
Section 134.2 Obtaining a financial advantage by deception
(1) A person is guilty of an offence if:
(a) the person, by a deception, dishonestly obtains a financial advantage from another person; and
(b) the other person is a Commonwealth entity.
Penalty: Imprisonment for 10 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 obtaining benefit by deception the Prosecution must prove;
- Defendant – The Prosecutor has to prove the identification of the offender;
- Does an act – intentionally obtaining a financial benefit;
- Deception – has engaged in deception or acted dishonestly;
- Public Official – the other person is a Commonwealth entity.
Maximum Penalty for Obtaining Benefit by Deception:
The maximum penalty for obtaining benefit by deception under Section 134.2 of the Commonwealth Criminal Code is 10 years imprisonment.
Convictions:-
In Queensland, if a person is convicted of Obtain Benefit by Deception, then the court could impose one of the following penalties:
- Jail (suspended, parole or actual time);
- Intensive Corrections Order;
- Probation;
- Community Service Order;
- Fines
- Bonds
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 Obtain Benefit by Deception will ordinarily 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.
If the amount involved exceeds $100,000.00 the matter will be heard in the District Court.
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.
If the alleged offence is based in another state, it may be possible to be extradited to the state of the offence.
What should I do if the police want to speak to me about an Obtain Benefit by Deception allegation or if I am charged with Obtain Benefit by Deception?
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.
The NSW government recently announced that it will take a bill to parliament later this month that will reform current domestic violence laws. If the bill is successful there will be multiple changes introduced to alert the community that the NSW justice system is prioritising the safety of victim-survivors.
What are the proposed changes?
One change would include a new offence under the Crimes (Domestic and Personal Violence) Act, “knowingly contravening an Apprehended Domestic Violence Order (ADVO) with intent to cause harm or fear”. This offence would carry a maximum sentence of three years imprisonment and a fine of up to $11 000.
Another new offence would also be introduced for persistent breaches of ADVO. If an offender breaches the ADVO three or more times in a 28-day period they could face a penalty of five years imprisonment and a $16 500 fine.
Additionally, there are new domestic violence orders that could be issued. A Serious Domestic Abuse Prevention Order (SDAPO) would give police and prosecutors the ability to impose any conditions they deem necessary on the order. These orders would have a maximum five-year duration, and breaches considered a criminal offence. A breach would carry a maximum penalty of five years imprisonment and a $33 000 fine.
A further change that could be imposed is broadening the definition of “stalking” in the Crimes Act. The stalking definition would make specific reference to GPS trackers due to statistics found by the NSW Crime Commission earlier this year. They found one in four people who purchased a GPS tracking device since 2023 has a history of domestic violence.
The last change that could be made is that sole parents would be allowed to change their child’s name, if they have a Family Court order to that effect. This is to prevent perpetrators from learning a child’s new name or address.
A 26 year old, Mr Barnett, is facing charges related to the murder of a Laidley (QLD) father who was found dead outside his home in mid-2022. According to police, the male was attacked by a group after the power to his house was cut and before the residence was set on fire. He sustained at least six stab wounds to his chest and torso. The court has heard that the attack may have been motivated by a $1000 “hit” allegedly placed against a family member of one of the co-accused.
He is charged with murder, arson, and the attempted murder of another woman who was present at the home. He has not yet entered a plea.
Bail Application
The accused has been refused bail in the Brisbane Supreme Court of Queensland after spending more than 2 years in custody.
During the bail hearing, Mr Barnett’s lawyer argued that his prolonged custody – over two years since his arrest – constituted a significant change in circumstances. His lawyer contended that Mr Barnett believed he was merely acting as “muscle” rather than having any intention to escalate the situation and proposed stringent bail conditions.
However, the Crown expressed concerns about the “level of uncertainty” surrounding his proposed bail conditions, including vague details about his employment and unstable living conditions. The Crown also argued that the strength of the Crown’s case suggested that the accused was unlikely to face undue pre-sentence custody if convicted of manslaughter.
Decision
Justice Treston ultimately denied bail, citing the “little prospect” of the accused serving excessive time in pre-sentence custody relative to the seriousness of the offence and the strength of the Crown’s case. She said this was weighed against “the circumstances and seriousness of the offence” and the strength of the Crown’s case.
With several co-accused still awaiting court date, and a 16 year old already have plead guilty to the murder of the victim, the legal proceedings in this case are ongoing and complex.
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.
Extensive Search and Seizure Across the Gold Coast
On 3 August 2024, eight people aged between 30 and 61 were charged with drug trafficking offences as part of Operation Victor Mosquito. Detectives from the Crime and Intelligence Command’s Organised Crime Gangs Group executed search warrants in several Gold Coast suburbs, including Broadbeach, Burleigh Heads, Surfers Paradise, and Broadbeach Waters. During these searches, police discovered significant quantities of illicit drugs, drug paraphernalia, mobile phones, large sums of cash, and a BMW X5.
Serious Charges and Court Appearances
The eight suspects face charges of trafficking in dangerous drugs (cocaine), with seven also charged with supplying dangerous drugs. Additional charges include possession of items used in criminal activities and possession of tainted property. All individuals have been issued notices to appear in court.
Statement on Community Safety
Detective Inspector Craig Bowman from the Organised Crime Gangs Group stressed the importance of disrupting drug trafficking to combat organised crime.
“The funds from drug trafficking support criminal activities and increase community risk,” he said.
“No matter your standing in our community, if you are involved in the distribution of illicit substances, you will be targeted, and you will be held accountable.”
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 decisive action against money laundering, the Australian Federal Police (AFP) has restrained assets totalling $15.6 million, including waterfront properties, cash, cryptocurrency, and bank funds. This was enforced via an application through the Proceeds of Crime Act 2002 (Cth) in the District Court of Queensland on 26 July 2024.
This enforcement comes as a result of an in depth investigation led by the AFP’s Criminal Asset Confiscation Taskforce (CACT). Since July 2019, CACT has restrained more than $1.1 billion in criminal assets including houses, cars, fine art and luxury yachts.
Investigation Origins
The probe was initiated following intelligence from AUSTRAC regarding two Russian nationals, a 49-year-old man and a 46-year-old woman. The pair, who moved to Australia in 2015, are accused of laundering significant sums into the country through various methods.
Allegedly, these funds were used to purchase or swiftly repay mortgages on multiple Queensland properties, including waterfront locations in Hope Island, Broadbeach Waters, and Runaway Bay, as well as residences in Labrador, Alexandra Hills, and Mount Gravatt.
Earlier this year, the pair faced charges for dealing in the proceeds of crime following an investigation by the Gold Coast Joint Organised Crime Taskforce. They are currently before the courts.
Taskforce and Impact
Acting Commander Amelia McDonald said the CACT worked with criminal investigators to identify and restrain potential proceeds of crime to deliver the maximum impact possible on the criminal environment:
“People engaged in money laundering are motivated by greed and an intent to make illicit profits. We work tirelessly with our partners to disrupt their criminal activities and remove their ill-gotten wealth”.
The AFP’s ability to target and seize criminal assets provides a powerful message to offenders:
“… all your wealth is an illusion which will disappear when we knock on your door”.
Once forfeited to the Commonwealth, those confiscated assets are sold by the Official Trustee in Bankruptcy (Official Trustee) and are then managed to support community crime prevention efforts, diversion programs, and law enforcement initiatives.
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.
What is Child Stealing?
The offence of Child Stealing occurs when a defendant takes possession of a child under 16 years of age with the intent to deprive the child’s parent or legal guardian from that child.
Essentially, it is a crime against the possessory rights of a parent or legal guardian. In order to prove the offence, there must be an intention to deprive the legal guardian of the child of their possession whether temporarily or permanently.
The actions of the defendant would ordinarily include using force, fraud or enticement in order to deprive the child away from their legal guardian. Under this section, the word ‘parent’ is taken as being a person who has adopted the child or a person who is a parent under a parentage order. It does not include the natural parents of the child. In circumstances where the child themselves have, without inducement, removed themselves out of the possession of their parent, no offence has been committed.
The Law:-
(1) Any person who, with intent to deprive any parent, guardian, or other person who has the lawful care or charge, of a child under the age of 16 years, of the possession of such child, or with intent to steal any article upon or about the person of any such child—
(a) forcibly or fraudulently takes or entices away, or detains, the child; or
(b) receives or harbours the child, knowing it to have been so taken or enticed away or detained;
is guilty of a crime, and is liable to imprisonment for 7 years.
(2) It is a defence to a charge of any of the offences defined in this section to prove that the accused person claimed in good faith a right to the possession of the child, or, in the case of a child whose parents were not married to each other at the time of its conception and have not since married each other, not being a child who has been adopted as aforesaid, is its mother or claimed in good faith to be its father.
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 Child Stealing the Prosecution must prove;
- Defendant – The Prosecutor has to prove the identification of the offender;
- With Intent to Deprive;
- A Parent or Guardian;
- Of a Child Under 16 years of Age;
- Of Possession of that child;
a. by forcibly or fraudulently takes or entices away, or detains, the child;
b. receives or harbours the child, knowing it to have been so taken or enticed away or detained.
Maximum Penalty for Child Stealing:-
The maximum penalty for this offence is seven years imprisonment.
Convictions:-
In Queensland, if a person is convicted of Child Stealing, 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 will first be heard in the Magistrates Court. It is an indictable offence what is too serious for the Magistrates Court. 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 Child Stealing allegation or if I am charged with Child Stealing?
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.
Please contact us online or 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.
In a swift operation, police have arrested a 48-year-old man at Sydney Harbour’s International Terminal, moments after he disembarked from a cruise ship. The arrest follows an investigation by the NSW Police Sex Crimes Squad, which began in June 2024, targeting an online user suspected of attempting to contact minors for sexual activity.
Authorities allege that the man engaged in explicit online communications, including sending inappropriate photos and videos to what he believed was a 14-year-old girl. This led to charges of using a carriage service to procure a child under 16 years for sexual activity.
Following his arrest, the man was taken into custody and has been refused bail. He is expected to appear before the court to face these serious charges.
Legal Implications
The legal process will involve careful consideration of evidence, including any electronic communications and the context in which they were made.
For individuals facing such charges, it is crucial to seek legal representation that acts objectively in the circumstances. A skilled criminal defence lawyer will work to ensure that your rights are protected throughout the legal process, from bail applications to potential trial proceedings. They will also explore all avenues for defence, including the circumstances surrounding the arrest and the evidence presented by the prosecution.
For anyone navigating the complexities of criminal charges, professional legal guidance is essential to achieving the best possible outcome in court.
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.
A 73-year-old man has been charged with the murders of three women dating back to 1977 in the USA, following a breakthrough in a cold case investigation through DNA evidence. Warren Alexander remains in custody without bail. Mr Alexander is also awaiting prosecution for a separate cold case from 1992.
The case provides the importance of technological advancements in forensics.
The victims were all found dead, northwest of Los Angeles in America, in 1977. According to the District Attorney each of the women was a victim of “ligature strangulation” and all were sex workers known to frequent areas associated with sex trafficking. Despite early suspicions that the crimes were linked, detectives were unable to identify a suspect until the recent DNA match to Alexander.
The match occurred last year in 2023 after DNA evidence was uploaded into a national database. Investigative genealogy had already identified Alexander as a suspect in the 1992 North Carolina murder of Nona Cobb, which led to his arrest in March 2022.
Just as in Australia, if an accused faces historic charges of this nature, the court’s focus will include evaluating the strength of the DNA evidence and its relevance to the crimes in question.
Our DNA laboratories in Queensland have recently faced an inquiry. The results were astounding and can be viewed at:
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.
What is Common Assault?
A Common Assault is where the defendant threatens to use force or actually uses force against another, giving an apprehension of fear. There doesn’t need to be any actual injury for a Common Assault to occur. If there is any injury then it could be for example a redness on the skin from a slap or a minor bruise from a strike or punch. A push or a touching is another example of a common assault.
An assault is defined in section 245 of the Criminal Code Queensland as;
“A person who strikes, touches, or moves, or otherwise applies force of any kind to, the person of another, either directly or indirectly, without the other person’s consent, or with the other person’s consent if the consent is obtained by fraud, or who by any bodily act or gesture attempts or threatens to apply force of any kind to the person of another without the other person’s consent, under such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect the person’s purpose, is said to assault that other person, and the act is called an “assault” .
In this section—
“applies force” includes the case of applying heat, light, electrical force, gas, odour, or any other substance or thing whatever if applied in such a degree as to cause injury or personal discomfort.
The Law:
Section 335 of the Criminal Code (Qld) 1899 states;
- Any person who unlawfully assaults another is guilty of a misdemeanour, and is liable, if no greater punishment is provided, to imprisonment for 3 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 Common Assault the Prosecution must prove;
- Defendant – The Prosecutor has to prove the identification of the offender;
- Did Assault – The Prosecutor has to prove that an “assault” as defined at law has occurred.
- Another Person – There needs to be a victim of the crime.
- Without Permission – That the Defendant had no excuse for doing this (ie/ was not authorised/justified or otherwise excused at law)
Penalty for Common Assault
The maximum penalty that a person can receive for the offence of Common Assault is 3 years. If the matter is able to be dealt with in the Magistrates Court then the maximum penalty that a Magistrate can impose is 3 years.
Convictions
In Queensland, if a person is convicted of a Common Assault offence, 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 Common Assault:-
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 Common Assault 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 common assault allegation or if I am charged with a common assault offence?
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 or contact us online if you have any questions. We can assist you no matter where you are located and can appear in every court.
Last year, 300,000 Queensland residents became victims of crime, with car thefts and home invasions at record highs.
According to the latest data from the Australian Bureau of Statistics, Queensland witnessed:
- 58,479 assaults
- 49,490 break-ins
- 18,210 car thefts
Comparison with NSW
Despite Queensland’s population of 5.5 million being smaller than NSW’s 8.4 million, crime rates in Queensland were found to be 12% higher. This statistic highlights a disproportionate vulnerability to crime in Queensland compared to its neighbouring state.
“If you’re in Queensland, you’re twice as likely to have your car pinched than if you’re in NSW and that’s not the kind of state that we want to see,” Queensland Opposition Leader David Crisafulli said.
Government Response
The Queensland government has introduced a new support package for victims of crime coming into effect from 1 July 2024 including; free counselling and financial aid.
“I’ve been calling for a couple of years now that we should have outback camps to rebuild these young people, to show them they do have a purpose,” Crisafulli said, referencing Youth Crime. “What you do is you teach them skills. You give them a trade.”
“They come away with a purpose that they know they can actually do something in life.”
As Queensland grapples with these challenges, the focus remains on implementing effective strategies to combat crime and support affected communities.
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.
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