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 Abuse of Office?
‘Abuse of Office’ is essentially an abuse of your power when you hold a position of influence in the public service. It is often a form of official misconduct where, when done in an official capacity, can affect the performance of official duties. An example could include an employee of Centrelink accepting gifts in order to fast track someone’s application.
The Law:-
Section 92 of the Criminal Code (Qld) 1899 states;
(1) Any person who, being employed in the public service, does or directs to be done, in abuse of the authority of the person’s office, any arbitrary act prejudicial to the rights of another is guilty of a misdemeanour, and is liable to imprisonment for 2 years.
(2) If the act is done or directed to be done for purposes of gain, the person is liable 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 Abuse of Office the Prosecution must prove;
1. Defendant – The Prosecutor has to prove the identification of the offender;
2. The defendant was/is employed in the public service;
3. The defendant did an act or gives a direction to be done;
4. That act or direction was an abuse of the authority the Defendant had.
Maximum Penalty for Abuse of Office:-
The maximum penalty for this offence is three years imprisonment.
Convictions:-
In Queensland, if a person is convicted of Riot, then the court could impose one of the following penalties:
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;
Which Court will your matter be heard in?
The charge of Abuse of Office 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.
What should I do if the police want to speak to me about an Abuse of Office allegation or if I am charged with Abuse of Office?
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.
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 Abduction of a Child Under 16?
In Queensland, the charge of Abduction of a Child Under 16 is an offence that involves the unauthorised removal of a child under 16 years old from the custody or protection of their natural father or mother or lawful carer against the will of the parent or lawful carer. Child abduction is an offence that can be committed by other family members or complete strangers to the child. An example of this charge would include a situation where a child’s aunty removes them from the care of their parents and attempts to take them overseas without permission. It is not a relevant factor in that situation whether the child agreed or consented to go with their aunty as there was no permission granted by the parents.
The Law:-
Section 363A of the Criminal Code (Qld) 1899 states;
(1) Any person who unlawfully takes an unmarried child under the age of 16 years out of the custody or protection of the child’s father or mother, or other person having the lawful care or charge of the child, and against the will of the father, mother or other person, is guilty of a crime, and is liable to imprisonment for 7 years.
(2) It is immaterial that the offender believed the child to be of or above the age of 16 years.
(3) It is immaterial that the child was taken with the consent of or at the suggestion of the child.
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 Abduction of a Child Under 16 the Prosecution must prove;
1. Defendant – The Prosecutor has to prove the identification of the offender;
2. Took an unmarried child who is under 16;
3. Out of custody of their parents or lawful guardian;
4. Against the will of their parents of lawful guardian.
Maximum Penalty for Abduction of a Child Under 16:-
The maximum penalty for this offence is seven years imprisonment.
Convictions:-
In Queensland, if a person is convicted of Abduction of a Child Under 16, then the court could impose one of the following penalties:
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;
Which Court will your matter be heard in?
The charge of Assault Occasioning Bodily Harm 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. The Defendant may however elect to have the matter 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.
What should I do if the police want to speak to me about an Abduction of a Child Under 16 allegation or if I am charged with Abduction of a Child Under 16?
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.
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 Wounding?
In Queensland, the charge of Wounding is often preferred by Police and Law Enforcement in circumstances where someone has been cut or stabbed by a defendant. A ‘wound’ can include any breakage or cut to skin that is more than a standard assault. For a wounding to occur, the true skin must be broken and penetrated, not merely the cuticle or outer skin.
That is to say, that a wound is not just a scratch to the outer skin, the skin must be broken and there must be bleeding. An example of wounding would be cutting someone with a knife. The wounding must be unlawful. An act us unlawful unless it is authorised, justified or excused by law. It is a circumstance of aggravation if the wounding occurred in a public place whilst the defendant was adversely affected by drugs or alcohol. Provocation is not a defence to wounding.
The Law:-
Section 323 of the Criminal Code (Qld) 1899 states;
(1) A person who unlawfully wounds anyone else commits a misdemeanour.
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 Wounding the Prosecution must prove;
1. Defendant – The Prosecutor has to prove the identification of the offender;
2. Wounded;
3. The Complainant;
3. That the wounding was Unlawful.
Maximum Penalty for Wounding:-
The maximum penalty for this offence is seven years imprisonment.
Convictions:-
In Queensland, if a person is convicted of Wounding, then the court could impose one of the following penalties:
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;
Which Court will your matter be heard in?
The charge of Wounding will commence in the Magistrates Court but it is too serious to be finally dealt with by a Magistrate. A full brief of evidence will have to be obtained and a committal hearing will have to be conducted. The matter will then 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 Wounding allegation or if I am charged with Wounding?
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.
Juries are vital part of the Australian legal system. Juries are comprised of men and women from the community- randomly selected from the electoral roll.
The responsibility of the jury is to consider the facts of a case as presented by the Crown (Prosecution) and the Defence and decide whether any offence has been proved beyond reasonable doubt.
The jury is assisted by the Judge who explains elements of the law. The Judge is also entitled to assist the jury to understand the facts revealed by the evidence put forward by the Crown and the Defence.
Most importantly, it is the members of the jury alone who bear the responsibility in determining the facts of the matter and deciding whether the accused is guilty or not guilty.
If you have been selected for jury service, you will receive a summons. A summons is a legal notice which requires a person to attend, give evidence or produce documents. In this case- the summons requires you to attend court. Being issued with a jury summons, does not mean you will serve on the jury. Who actually servers on the jury is decided during a further selection process called empanelling.
Empanelling is the process where your name, along with your suburb and occupation are placed in a rotating box. The Judge’s Associate then randomly selects jurors from this box.
Once a juror’s name is called, the Crown may call ‘stand by’ or the Defence may call ‘challenge’. In the event this happens, another name will be called. If your name is selected, and you are not ‘stood by’ or ‘challenged’ you will be sworn in as a juror. This process is repeated until there are twelve jurors in the jury box.
Once empanelled, the charge, names of the prospective witnesses and the importance of acting impartially is pressed upon the jury by the Judge. The Judge will ask any juror who believes that they cannot act impartially in the trial to identify themselves.
Once this process has been completed, the trial will begin.
The Crown will ‘open’ the case with a brief outline of evidence to be called. The Crown will then call each witness, one by one. Each witness will be first questioned by the Crown, and then cross-examined by the Defence. The Crown does have the ability to re-examine a witness in some circumstances.
At the close of the Crown case, the Defence may call their own witnesses and the process is repeated.
At the conclusion of both the Crown and Defence case, both parties may address the jury in the form of a closing submission. At the conclusion of the addresses to the jury, the Judge will then ‘sum up’ the case. The jury will then retire to deliberate. Deliberation may take minutes, hours, even days.
If a jury returns a verdict of not guilty- the accused is discharged and allowed to go free. If the jury returns a guilty verdict- the Judge will then commence the sentencing proceedings. The jury plays no part in sentencing the accused.
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In a recent count, more than 450 people have been charged with carrying a knife in a public place in the Gold Coast area alone in the 2019/20 financial year.
Queensland Police have revealed there has been a 40 per cent increase in knife related offences in the past five years.
It appears knives are becoming increasingly popular as the weapon of choice in homicides, manslaughter, assault and domestic violence incidents. Acting Detective Inspector Ken Murray said knife crimes are merely a symptom of “people carrying knives” which needs to be the primary focus in tackling the issue.
Detective Inspector Murray his indicated that it will be important to focus on people carrying knives in a public place in an attempt to decrease other knife related offences.
Surfers Paradise Officer in Charge Senior Sergeant Jim Munckton said that Police officers carry metal detectors and will be increasingly searching in the hotspots such as Surfers Paradise which could help lower that number.
There have been five stabbing deaths within twelve months in the Surfers Paradise area, the numbers appear to be on the increase. 17 year old Jack Beasley passed away December 2019 at the hand of a 15 year old armed with a hunting knife. Jack’s parents have pushed for Police having more powers to search persons in public and tougher penalties, especially on juveniles.
What are your thoughts?
Article by Sammi Dutschke
Sammi is a Solicitor here at Brooke Winter Solicitors and provides assistance for criminal, traffic and family law matters.
As a busy practitioner, Sammi has worked as a family and domestic violence duty lawyer and has gained valuable experience and knowledge in these fields. Sammi has prior experience in family law alongside her experience in both prosecution, through the Department of Public Prosecutions, and criminal defence. Sammi’s studies in psychological sciences and law provide additional insight into these areas and the difficulties faced by her clients throughout the process.
Justice Ginsburg, a prominent feminist and figurehead for Liberals in the US has lost her battle pancreatic cancer on Friday.
Ginsburg was the oldest justice at age 87 and the second woman to sit in the Supreme Court. Ginsburg served for 27 years after being appointed by Bill Clinton in 1993.
Ginsburg had a renowned legal career which spanned over six decades with its share of struggles.
Born in Brooklyn, New York City in 1933 to Jewish immigrant parents, she studied at Harvard Law School where she was one of nine women in a class of approximately 500 men. Ginsburg finished top of her class, however did not receive any job offers after graduation. Nonetheless, she continued to push into the legal profession throughout the 1960s.
In 1972 Ginsburg was the co-founder of the Women’s Right Project at the American Civil Liberties Union. In 1972 she became the first tenured female law professor at Columbia Law School.
In 1980 Ginsburg was nominated to the United States Court of Appeals for the District of Columbia in an effort of then-President Jimmy Carter’s attempt to diversify the Courts.
Ginsburg’s death has raised prospects of Republican US President Donald Trump trying to expand the court’s conservative majority. There are talks that this could occur before this November’s election. In the days leading up to her death, Ginsburg expressed strong disapproval for such move publicly stating:
“My most fervent wish is that I will not be replaced until a new president is installed”
A political battle over who will succeed Ginsburg is about to detonate.
President Donald Trump has appointed two judges since taking office. The current court is believed to have a 5-4 conservative majority. The US Senate are required to approve a new judge as nominated by the President.
The Senate Majority Leader Mitch McConnell has indicated that if a nominee was put forward before the election, there would be a vote on the nominee.
Democratic presidential challenger Joe Biden has released a statement indicating:
“There is no doubt – let me be clear – that the voters should pick the president and the president should pick the justice for the Senate to consider.”
For now, we mourn the passing of an iconic women and advocate in the legal system.
Chief Justice John Roberts has released a statement:
“Our Nation has lost a jurist of historic stature… We at the Supreme Court have lost a cherished colleague. Today we mourn, but with confidence that future generations will remember Ruth Bader Ginsburg as we knew her – a tireless and resolute champion of justice.”
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Article by Sammi Dutschke
Sammi is a Solicitor here at Brooke Winter Solicitors and provides assistance for criminal, traffic and family law matters.
As a busy practitioner, Sammi has worked as a family and domestic violence duty lawyer and has gained valuable experience and knowledge in these fields. Sammi has prior experience in family law alongside her experience in both prosecution, through the Department of Public Prosecutions, and criminal defence. Sammi’s studies in psychological sciences and law provide additional insight into these areas and the difficulties faced by her clients throughout the process.
Dreamworld has reopened their doors from 16 September 2020 after a rollercoaster of events and closure for 177 days.
Dreamworld and Whitewater World have implemented coronavirus safe plans to ensure the park can reopen and get back to business.
The theme park has gone through a world of issues with Ardent Leisure pleading guilty to three charges relating to the deaths of four people in the Thunder River Rapids Ride in 2016 following a coronial inquest into the park. Further, in approximately two weeks’ time Ardent Leisure is due for the recommencement of Work Health and Safety court proceedings.
Coronavirus pandemic has led to the implementation of procedures in all major entertainment industries to allow their reopening during the worldwide pandemic. The park has therefore reduced capacity and implemented a safe plan to ensure they are complaint with all coronavirus safe procedures and policies.
Chief Operating Officer Greg Yong has indicated there is minimal staff currently however they will be ramping up stuff numbers and procedures leading into the Christmas holiday periods.
Furthermore, the park is beginning work on a new $30-million rollercoaster in attempt to draw in crowds.
In August of this year it was announced that the Queensland Government were to loan Dreamworld’s parent company, Ardent Leisure almost $70 million to keep the theme parks operating throughout the coronavirus pandemic. Ardent Leisure announced they are in receipt of a three-year financial assistance package from the Government.
Dreamworld and Whitewater Worlds rival Village Roadshow reopened their trifecta of parks in July 2020 after implementing COVID safe plans.
Many locals are either team Dreamworld or team Village Roadshow, what are you?
Assange’s extradition hearing is due to commence with his legal team fighting his extradition to the United States.
The Australian born WikiLeaks is facing charges on one of the largest compromises of classified information in 2010 and 2011. Unforgettably, WikiLeaks published a classified United States military video which showed an Apache attack helicopter shooting down eleven civilians, inclusive of two journalists in Baghdad in 2007.
Former United States Army Intelligence analyst Chelsea Manning was jailed due her connection with the leaks.
In June 2012 Assange entered Ecuador’s embassy in London and was granted asylum until April 2019. In April 2019 the Ecuadorian government withdrew his asylum and Metropolitan Police arrested him over outstanding arrest warrants from 2012.
Assange is facing 17 charges regarding obtaining and disclosing classified information and one charge regarding an alleged conspiracy with Chelsea Manning to crack passwords on government servers. The United States have publicly indicated that by Assange releasing the documents and files he endangered lives, damaged national security and aided its adversaries.
Assange remains firm on his position that the information exposed abuses by the United States Military and he was acting as a journalist, therefore is entitled to protection by the United States First Amendment. The First Amendment provides freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances.
The extradition process began in February 2020 however due to the coronavirus pandemic was delayed. The Court is required to examine a series of factors before extradition can be granted, one of these factors is if the alleged crimes have equivalent offences in the United Kingdom and could lead to a Trial. This is known as “double criminality” which essentially looks at if the offences Assange is being charged with under United States law are broadly recognised by United Kingdom law.
Prosecutors have argued that his charges would amount to offences under the United Kingdom’s Official Secrets Act. The Official Secrets Acts 1911 to 1989 are a series of four legal documents protecting the United Kingdom against espionage and the leaking of sensitive government information.
If the Court agrees with Prosecutions then it must consider the impact that extradition would have on Assange’s health. If the Court deems that extradition would be detrimental to his health there could be an opportunity of protecting Assange in the United Kingdom under European Human Rights law.
Further, Assange’s legal team has indicated that the United States is seeking to prosecute Assange for political offences and he is therefore exempt from extradition under the terms of the United Kingdom- United States extradition treaty.
The Hearing is likely to last between three to four weeks with a decision likely to face Appeal to a higher court.
If Assange is extradited to the United States and found guilty he is facing a maximum of 175 years imprisonment.
SEE LIST OF DECLARED HOTSPOTS
Among others, Beenleigh Magistrates Court is taking additional precautions this week with the new cases and potential locations those infected have travelled. Our office and others working as Duty Lawyers in the Courthouse have returned to providing the service remotely, via telephone during this time.
Queensland could be preparing for lockdowns or restricted travel again, we are yet to receive update from the Queensland Government about this however remain cautious with the current outbreaks.
Our office, like many, have recently settled back into our pre-COVID19 routines and have returned to the busy Courthouses once again – this could change again quickly.
According to Queensland Health Website, there are no ‘declared’ hotspots in Queensland however there are a number of locations containing potential hotspots due to potential contact with someone who has tested positive for COVID-19.
Queensland government has indicated if you have attended the following locations on the dates/ times listed you should be monitored for symptoms and immediately get tested if any symptoms are present.
9 August:
10 August:
11 August:
12 August:
Lakeside Fruit Barn, Forest Lake shopping centre, Forest Lake – 4pm to 4.30pm
Woolworths, Forest Lake shopping centre, Forest Lake – 4:30pm to 5pm
Thai Antique, Carina Heights – 6pm to 6:15pm
Coles, Browns Plains Grand Plaza, Browns Plains – 7:15pm to unknown
13 August:
14 August:
15 August:
16 August:
17 August:
18 August:
19 August:
20 August 2020:
21 August:
Please see below link for updates of declared hotspots:
Joseph DeAngelo, otherwise known as the “Golden State Killer”, was given life imprisonment last Tuesday. The 74-year-old confessed to 13 murders and the rape of 50 women, in a grizzly crime spree that spanned the 1970s and 1980s. The crimes which he confessed to did not sufficiently canvass his full criminal history, however many of these additional crimes were outside the relevant statute of limitations and much to the dismay of his countless victims, could not be tried in court.
The serial rapist, who had been known as the “East Area Rapist”, terrorised women throughout the State of California. Testimony provided by victims suggests he often threatened to kill them if they were not silent, as he raped them. DeAngelo’s awful crimes irreparably harmed not just his victims, but also their family, many of whom appeared in the Sacramento Superior Court, and said in no uncertain terms that he should ‘rot in hell’. As to the victims themselves, those of whom managed to survive his attacks detailed how their lives spiralled out of control after DeAngelo had attacked them, with one victim explaining that she still suffers from post-traumatic stress disorder, requiring drugs and alcohol to dull her pain and anguish.
DeAngelo, who spent much of his life victimizing women, looks virtually unrecognisable from his younger self, depicted in the sketches provided by victims. In court DeAngelo, who has evidently lost a considerable amount of weight and looks sickly, was wheeled in by police officers, wearing an orange jumpsuit and a mask. Himself a former police officer, DeAngelo tried to appear penitent in the Sacramento Superior Court, suggesting that he was ‘truly sorry’ for everyone that he had hurt. Yet, can his remorse really be accepted at face value? Moreover, does the extent of his crimes suggest that he is beyond feelings of guilt or repentance?
Judge Bowman of the Sacramento Superior Court certainly thought so, imposing 11 consecutive life sentences without parole, in addition to other sentences, which as he elucidated was the ‘absolute maximum’ that his court was able to impose. For Bowman, the testimony of the surviving victims made it clear, the ‘defendant deserves no mercy’. It has been suggested that the prosecutors would have sought DeAngelo’s execution, but for California’s moratorium on the death penalty.
DeAngelo’s case is famous for more than one reason though, as back in April 2018, he was finally tracked down by police after 40 years of impunity, using a sample from a free genealogy site. Forensic investigators utilised an extraordinary DNA method to catch him, which involved the use of the afore mentioned sample from the genealogy database, to create a family tree that identified him as a suspect, and lead to his subsequent arrest.
Stripped of its gruesome and abhorrent details, if indeed that is even possible, the question posed by DeAngelo’s high profile case is an interesting one… should those who have eluded justice for decades face the full consequences of the law in their latter years, even if they are sickly and purportedly remorseful? Of course, DeAngelo’s case is on the further end of this spectrum, as the extent of his crimes would certainly make him justifiably irredeemable. However, what about offenders who might only have one of DeAngelo’s offences against his name, and are in a similar position to what he is now. If they are truly remorseful, have they suffered enough through years of guilt and shame? Or should the full weight of the law unrelentingly come down on them? Have your say below…
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