Youth offending has become a key political issue in Queensland. In response to a perceived rise in youth crime, especially in regional areas, the government has introduced a raft of legislative amendments focused on tightening bail laws and increasing detention powers.

Bail Reversal and Electronic Monitoring

One major change is the reversal of the presumption of bail for serious repeat youth offenders. Under the Youth Justice Act 1992 (Qld), the burden now lies with the accused child to “show cause” why detention is not justified.

Further, the government has expanded the use of electronic monitoring devices for children as young as 15, and police have been given broader powers to breach children for minor bail infractions.

Criticism and Legal Implications

These reforms have been criticised by legal advocacy groups, including the Queensland Law Society and Youth Advocacy Centre who argue the changes undermine the principles of rehabilitation and have contributed to an increase in the number of children being held on remand.

Lawyers representing youths must be prepared to argue strongly in bail applications and be well-versed in the “show cause” provisions. Defence submissions need to focus on family support, lack of prior history, or alternatives to custody like bail support programs.

If your child or someone you know is facing charges, early legal advice is essential. Our firm regularly appears in Children’s Court matters and can help guide families through this complex system.

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 Queensland Sentencing Advisory Council has proposed a series of changes to the Penalties and Sentences Act 1992 (Qld) to address community concerns over lenient sentencing.

Proposed reforms include creating a new sentencing guideline specifically for domestic violence offences, introducing community impact statements, and improving transparency around non-parole periods.

Further, “good character” evidence is set to be limited as part of the reform of how sexual violence cases are sentenced.

Focus on Victim Impact and Community Expectations

The reforms are designed to better reflect the harm suffered by victims and give communities a greater voice in the justice process. This includes stronger provisions for victim submissions and proposals to broadcast certain sentencing hearings. Overly prescriptive guidelines could limit judicial discretion and result in harsher outcomes for disadvantaged defendants, including those with mental health issues or Indigenous backgrounds.

Legal Implication for Defendants

This may mean greater emphasis on pre-sentence material and proactive engagement with therapeutic or rehabilitative services. Character references and psychological reports will become increasingly relevant.

Defendants facing serious charges should be aware of potential legislative changes that may affect their sentencing outcomes.

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.

Queensland’s Magistrates Courts are undergoing important reforms in an effort to improve accessibility, efficiency, and transparency. These courts handle the vast majority of criminal cases in the state and are often the first point of contact between the public and the justice system.

The Queensland Government recently announced increased funding for judicial resources, including the appointment of new magistrates across busy regional and metropolitan centres. This is intended to reduce the current backlog of cases and address delays that have plagued the system, especially since COVID-19.

Technology, Accessibility, and Specialist Courts

Among the most noteworthy updates is the expansion of digital services. More court appearances are now being conducted via video link, particularly for procedural mentions and bail applications. This minimises disruption for those in custody and improves regional access to legal proceedings.

The Magistrate’s Court has also expanded its range of specialist courts and diversion programs such as the Drug and Alcohol Court, Murri Court, and the Court Link program. These alternatives focus on addressing the underlying causes of offending and aim to reduce recidivism through rehabilitation rather than punishment.

Implications for Accused Persons

For those charged with offences, these reforms could mean faster resolution of cases and greater availability of support services during proceedings. Magistrates now have more discretion to tailor proceedings based on the nature of the offence and personal circumstances, such as mental health or addiction.

Defendants and their Lawyers must be increasingly prepared to engage with specialist courts and tailor submissions accordingly. Diversionary options may offer significant benefits, particularly in cases where jail time can be avoided in favour of treatment or community based orders.

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.

Who’s the most influential young gun in Logan?

Katie HOMES, 21

Pic: Katie Homes has opted for a career in law

 

 

Katie is completing her last semester of a Bachelor of Laws at Bond University.

She started her degree straight out of high school and quickly finished a Diploma of Legal Studies in 2023.

Late last year she completed a placement through her studies with Brooke Winter Solicitors. They were so impressed, the 21 year old was asked to continue on as a law clerk.

Katie helps solicitors, communicates with clients and often appears at courts.

She has a passion for helping those involved in criminal proceedings and hopes to continue working in this field once she is admitted as a practising solicitor early next year.

Jamilla SNAPE, 25

Pic: Jamilla Snape works at Brooke Winter Solicitors as a Junior Solicitor.

 

 

Jamilla completed her Bachelor of Laws with Central QLD University before completing her Graduate Diploma in Legal Practice with the College of Law in early 2024.

She was admitted as a Lawyer in the Supreme Court of Queensland in August 2024.

Before commencing legal practice, Jamilla worked as a legal assistant and law clerk for more than five years at a Bundaberg firm.

The 25 year old was the first and only student member to be appointed Treasurer of the Bundaberg Law Association and held that role for two years before moving to South East QLD.

Jamila currently works at Brooke Winter Solicitors as a junior Solicitor.

From 26 May 2025, Queensland has ushered in a new era of transparency and accountability in the justice system with the full commencement of the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024. Among a suite of significant reforms, one major change stands out for the media and the public: accredited media entities can now apply for access to transcripts of proceedings for domestic violence order (DVO) applications.

What does this mean?

Accredited media entities are now able to apply to the court for a transcript of a DVO application proceeding under Section 32, which inserts new sections 157D and 157E into the Domestic and Family Violence Protection Act 2012 (DFVP). This access is designed to promote open justice and enable more balanced, accurate reporting on domestic and family violence matters, while still protecting the privacy and safety of those involved.

Why this Matters?

This reform allows the public to better understand how domestic violence cases are handled, strengthening transparency and increasing trust in the legal system. It also boosts accountability, as media scrutiny can help ensure that the justice system is working as intended and highlight areas needing improvement. By allowing media access to transcript (with de-identification requirements), reporting on domestic violence cases can be more accurate and informative, helping to educate the community while respecting victim privacy.

Safeguards remain in place

Strict safeguards remain in place, and the court retains the discretion to approve or deny transcript requests from media. Any reporting must strictly adhere to de-identification rules to prevent the exposure of victims, witnesses, or children. These measures strike a balance between the public’s right to know and the safety and dignity of those  affected by domestic violence.

Broader Context

This change is part of a broader package of reforms. to come out of the Not now, not ever report, including the criminalisation of coercive control and the introduction of an affirmative consent model. These reforms respond to recommendations from the Women’s Safety and Justice Taskforce and are designed to modernise Queensland’s approach to domestic and family violence, sexual offences, and victim protection.

Being a party to a domestic violence application can have profound impact on a person’s life. At our firm, we understand the sensitive and serious nature of domestic violence orders and are committed to providing compassionate yet robust legal advocacy for our clients. Our experienced solicitors represent clients across New South Wales, Tasmania, the Gold Coast, North Queensland, and throughout Australia, ensuring they receive fair treatment and a thorough defence in court. If you are facing an application for a domestic violence order, contact our criminal defence team today for a confidential consultation. We are dedicated to protecting your rights and helping you navigate this challenging time with confidence.

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.

$1.7 Million Awarded Against Barrister and Law Firm for Improper Conduct

In a significant legal ruling, the Federal Circuit and Family Court of Australia recently awarded $1.7 million in costs personally against a barrister and a firm of solicitors. The case, Venter & Venter (No 2) [2024] FedCFamC1F 862, serves as a stark reminder of the serious consequences of improper and unreasonable conduct in legal proceedings.

The Case Background

The underlying dispute involved a complex property matter between a former husband and wife, along with various family members and related entities. However, the focus of this decision centred on the improper conduct of the wife’s legal representatives.

During the proceedings, the wife’s legal team failed to properly manage the disclosure of crucial documents. Just one week before trial, they provided a staggering 96,000 documents to the opposing party, a move described as a “document dump.” This last-minute disclosure caused significant disruption, delaying the trial and resulting in unnecessary costs.

Despite the magnitude of this late disclosure, the wife and her legal team failed to provide a reasonable explanation for the delay. Further, the wife had previously given an undertaking to the court that she had complied with her disclosure obligations—an undertaking that was ultimately found to be incorrect.

Court’s Findings on Legal Misconduct

The court found that:

• The wife’s legal team failed to provide a reasonable explanation for the late disclosure.
• The barrister engaged by the firm displayed a reckless indifference to truth and his professional obligations.
• The solicitors handling the matter demonstrated a lack of understanding of disclosure obligations and were uncooperative with opposing counsel’s reasonable requests for information.
• The firm and barrister misled the court and withheld relevant information, failing in their duty of candour.

The court further noted that had the legal team acted professionally and disclosed information properly, the issues could have been addressed earlier, preventing significant costs and delays. Their failure to do so resulted in considerable disruption to the orderly conduct of the trial.

Serious Consequences for Legal Practitioners

As a result of these findings, the court held that the conduct of the barrister and the law firm was improper and unreasonable, warranting an indemnity costs order. The $1.7 million costs were awarded, and they were also referred to the legal regulator for further investigation.

Key Takeaways for Legal Professionals

This case underscores the importance of:

• Adhering to Disclosure Obligations: Lawyers must ensure their clients comply with their duty to disclose relevant information in a timely manner.
• Professional Integrity: Misleading the court, whether through omission or direct misrepresentation, carries serious consequences.
• Cooperation and Transparency: Engaging professionally with opposing parties and the court can prevent unnecessary delays and cost implications.
• Ethical Responsibilities: Upholding high ethical standards is crucial to maintaining trust in the legal system and avoiding professional disciplinary action.

Protecting Your Rights with Experienced Legal Representation

Whether you are facing criminal charges or a complex legal dispute, we are committed to upholding the highest professional and ethical standards in every case we handle.

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 recent Supreme Court ruling has reinforced the need for fairness and accuracy in parole decisions, particularly for offenders in custody or imprisonment. The case involved Chris Silk, an offender who was sentenced to five years in prison for break and enter and robbery with personal violence. His parole application was unfairly denied based on incorrect information, leading to a successful legal challenge.

What is Parole?

Parole is a system that allows eligible prisoners to serve part of their sentence outside of jail, under strict supervision. It is not an automatic right but a privilege granted based on factors such as behaviour in prison, rehabilitation efforts, and the risk posed to the community. The parole board assesses whether a prisoner, in custody in Queensland, New South Wales, Tasmania, or anywhere else in Australia, has made sufficient progress in addressing the causes of their offending and whether they can be safely managed outside of prison.

Parole conditions may include regular meetings with a parole officer, participation in rehabilitation programs, restrictions on travel, and requirements to avoid certain people or places. If conditions are breached, parole can be revoked, and the person may be returned to jail.

Key Findings in the Case

Justice Bradley ruled that the Parole Board acted on “an inappropriate and somewhat arrogant assumption,” failing to acknowledge Mr Silk’s participation in drug rehabilitation programs. The board also ignored the fact that parole eligibility dates are legally binding, as set by the sentencing court.

Mr Silk faced two parole refusals in 2024. After the board failed to provide timely written reasons for its decision, he pursued a statutory order of review. When the board eventually released a statement of reasons, it contained factual errors, including claims that he had not completed rehabilitation programs—despite clear evidence to the contrary.

In its statement, the board wrongly asserted that Mr Silk remained an “untreated drug offender.” However, he had successfully completed all available substance abuse programs, developed a relapse prevention plan, and remained on an opiate substitution therapy (OST) program both before and during his time in custody.

Errors Made by the Parole Board

The Supreme Court found that the Parole Board relied on irrelevant and incorrect assumptions, including a flawed belief that the sentencing court was unaware of Mr Silk’s rehabilitation efforts. The board’s failure to properly consider his parole eligibility date violated legal requirements. Justice Bradley noted that similar errors had been made in previous parole cases, suggesting a pattern of flawed decision-making.

The Parole Board’s counsel attempted to argue that the incorrect statements in its reasoning should be disregarded. However, Justice Bradley dismissed this claim, emphasising that these errors were found throughout the board’s decision-making process. The ruling made it clear that the board had failed to consider Mr Silk’s case on its merits.

As a result, the court set aside the board’s decision and ordered a reconsideration of Mr Silk’s parole application within 28 days. The Parole Board was also required to cover his legal costs.

The Importance of Legal Representation in Parole Matters

This case highlights the critical role of legal representation in challenging unjust parole decisions. Many parole refusals are based on incorrect or incomplete information, and without proper legal guidance, prisoners—whether in jail on the Gold Coast, in Queensland, New South Wales, or Tasmania—may struggle to contest these decisions effectively. A successful appeal can mean the difference between prolonged incarceration and the opportunity for rehabilitation and reintegration into society.

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 City of Moreton Bay in Queensland has recently introduced a significant change in local law, making it a criminal offence for homeless individuals to camp or sleep on public land. Effective from March 12, 2025, this new regulation could have serious legal consequences for those accused of violating the law. If you or someone you know is facing charges under this law, understanding the penalties is crucial. Here’s a breakdown of the charges and consequences.

New Legal Consequences

Under the new law, any individual caught camping on public land will face legal penalties. These penalties may include:

• Fines: The most immediate consequence for an accused offender is a fine. Rangers have begun inspecting areas where homeless individuals are known to camp, including tents and vehicles. Those found in violation of the law will be issued fines.
• Arrest and Criminal Charges: Repeat offenders or those engaging in other illegal behaviours, such as aggression, drug use, or alcohol consumption in public, could face arrest. Criminal charges could follow, leading to more serious legal consequences.
• Court Appearance: Individuals accused of violating the new law may be required to appear in court. Failure to comply with the law could lead to additional legal actions, including further fines or even jail time, depending on the severity of the offence.
• Criminal Record: A conviction in court for violating this law could result in a criminal record. This can affect future housing opportunities, employment prospects, and other aspects of an individual’s life, making it even more challenging for those already facing homelessness.

Enforcement of the Law

Rangers have already begun inspecting public areas where homeless individuals are camping. The City of Moreton Bay has emphasised the importance of maintaining public safety, citing concerns about illegal behaviours like drug use, alcohol consumption, and aggression. While the goal is to keep public spaces safe, this enforcement could have serious implications for those with no other place to go.

The Impact on Public Safety

The council’s decision to criminalise homeless camping stems from a desire to address safety and cleanliness in public spaces. They have raised concerns over increasing litter and aggressive behaviour in areas where people have been camping. While these issues need to be addressed, the new law fails to provide adequate solutions for those who are homeless and may have nowhere else to go.

What You Should Know

If you or someone you know is accused of violating this new law, it is important to understand the potential consequences. Fines, arrest, and criminal charges could significantly impact your life. Legal counsel is essential to help navigate the complexities of this law and to ensure your rights are protected.

Although this law is specific to Queensland, it highlights a growing trend seen across Australia, including in New South Wales and Tasmania, where local governments have introduced similar measures to address homelessness. However, the consequences for violating these laws may vary across states, so understanding your local regulations is key.

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.

Brooke Winter Solicitors Hobart has been recognised as the Best Criminal Lawyer in the Hobart City Council area for 2025 by Quality Business Awards, a testament to our unwavering commitment to legal excellence and client advocacy.

A Legacy of Legal Excellence

Founded by our principal solicitor Brooke Winter, the firm brings over 20 years of experience in criminal defence law across multiple jurisdictions. The firm’s extensive background includes representing clients in District and Supreme Courts across Tasmania. His dedication to justice and client-centered approach have solidified the firm’s reputation as a trusted legal partner in Hobart and beyond.

Comprehensive Legal Services

Brooke Winter Solicitors specializes in a broad spectrum of legal areas, including:

• Criminal Law: Handling cases such as assault, drug offenses, weapons offenses, sexual offenses, fraud, theft, and burglary.
• Traffic Law: Addressing issues like drink driving, drug driving, unlicensed or disqualified driving, dangerous driving, and assisting with restricted or work licenses.
• Domestic Violence: Providing defense in domestic violence cases and assisting with peace and good behaviour order applications.

Statewide Representation

While based in Hobart’s CBD at Level 6, 111 Macquarie Street, the firm’s reach extends across Tasmania. Their lawyers are prepared to travel to courts in Hobart, Launceston, Devonport, and Burnie, ensuring comprehensive legal support throughout the state.

Recognition and Reputation

The accolade from Quality Business Awards underscores the firm’s dedication to legal excellence. With a 5-star Google rating and numerous positive client testimonials, Brooke Winter Solicitors has established itself as a leading criminal defense firm in Tasmania.

Access the award page here:

https://qualitybusinessawards.com.au/2025/the-best-Criminal-Lawyer-in-Hobart-City-Council/Brooke-Winter-Solicitors-Hobart

AI-generated child abuse material has become a growing concern in the legal landscape, presenting new challenges for law enforcement and individuals accused of these offences. Although the content does not involve real children, it is still illegal in Australia to create, possess, or distribute material depicting child abuse, whether real or AI-generated. Offenders accused of involvement in such crimes face serious legal consequences, and understanding the charges is essential for anyone facing these allegations.

Recent Global Crackdown on AI-Generated Abuse Material

A recent news report sheds light on the severity of these crimes. Two Australian men—one from Cairns, Queensland, and one from Toukley, New South Wales—were charged as part of a global investigation into AI-generated child abuse material. The investigation, spanning 19 countries, began in Denmark after authorities uncovered a subscription service that produced and sold such material. The Australian Federal Police (AFP) became involved after Danish authorities identified 273 global subscribers, leading to arrests worldwide. Despite the material not involving real children, the AFP emphasized that the exploitation of children remains at the heart of these networks, and AI-generated content is still subject to Australian law.

The Legal Charges Related to AI-Generated Child Abuse Material

In Australia, it is a criminal offence to create, possess, or distribute material that depicts the abuse of someone under 18, even if the material is AI-generated. The charges individuals can face include:

• Possession of Child Abuse Material: This charge applies to anyone found in possession of material depicting child abuse, whether created by AI or involving real children.
• Distribution of Child Abuse Material: This charge applies to individuals who distribute or share such material, including AI-generated content.
• Creation of Child Abuse Material: Individuals involved in creating AI-generated abuse material may also face criminal charges.

Possible Penalties and Consequences

The consequences for offences related to child abuse material are severe:

• Imprisonment: Those convicted of possessing, distributing, or creating AI-generated child abuse material face a mandatory period of imprisonment in Queensland unless there are exceptional circumstances.
• Fines: In addition to imprisonment, substantial fines may be imposed on individuals convicted of these crimes.
• Criminal Record: A conviction for these offences will result in a permanent criminal record, which can severely affect an individual’s personal and professional life.
• Sex Offender Registration: Depending on the nature of the offence, individuals may be required to register as sex offenders.

Why Legal Representation is Essential

If you are facing charges related to AI-generated child abuse material in New South Wales, Queensland, Tasmania, or elsewhere in Australia, it is critical to seek experienced criminal lawyers. Criminal defence lawyers can help you understand the charges, the evidence, and potential defences. They can also challenge the authenticity of the material and how it was obtained by law enforcement. A skilled lawyer will work to minimise the legal consequences you may face, including imprisonment, fines, and a permanent criminal record.

Conclusion

AI-generated child abuse material poses serious legal risks despite not involving real children. Those accused of these offences must take them seriously, as the penalties are severe. Seeking expert legal representation is essential to protect your rights and secure the best possible outcome in your case.

Our team at Brooke Winter Solicitors 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 in accordance with the law. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.