In a landmark move, Australia has enacted comprehensive legislation banning the public display, trade and sale of Nazi symbols, including the swastika and SS symbol. The decision, announced by Attorney General Mark Dreyfus, comes as a response to the resurgence of far-right activity in the country. While the ban has garnered both support and criticism, it raises important questions about freedom of expression, the roots of extremism, and the role of legislation in shaping societal values.

The ban, aimed at preventing the glorification and profiteering from Nazi ideology, represents a significant step in the ongoing battle against hate symbols. The hoors of the holocaust, will forever remain etched in history as a stark remainder of the consequences of unchecked extremism in the political sphere.

Under the new legislation, the display of Nazi symbols in public, sale of items featuring such symbols, and even performing the Hitler salute are now illegal acts, with a maximum penalty of up to 12 months in prison. Attorney General Mark Dreyfus emphasised that the laws send a clear message there is no place in Australia for acts and symbols that glorify the horrors of the Holocaust and terrorist acts.

While the legislation prohibits the trade and public display of Nazi symbols, it carefully carves out expectations for academic, educational, artistic, literary, journalistic or scientific purposes. Additionally, the ban does not extend to the display of the swastika in religious contexts, acknowledging its sacred significance in Hinduism, Buddhism and Jainism. The nuanced approach seeks to strike a balance between curbing hate symbols and respecting cultural and spiritual practices.

The rise in far-right activity, as evidenced by the presence of neo-Nazis at public events and infiltrating protests, prompted the Australian government to take decisive action. Dvir Abramovich, chairman of Australia’s Anti-Defamation Commission, views the legislation as a positive step but acknowledges the need for a comprehensive, whole-of-society approach to address the root causes of extremism in the political sphere.

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Discovering that a friend or close family member has been arrested can be a distressing and bewildering experience. In such challenging times, it is crucial to understand both the rights of the person arrested and the rights of their loved ones. This article explores the steps to take when faced with such a situation, addressing legal considerations, mental health concerns, and the role of support.

Supporting your loved ones:

Providing Emotional Support:

The shock of an arrest can be overwhelming for both the arrested individual and their family. It is essential to remain composed and offer emotional support. Whether present during the arrest, communicating over the phone, or visiting them at a holding facility, staying calm can help your loved one navigate the challenging days ahead.

Assistance in Legal Matters:

Assure your family member that you will help them find legal representation, this support is critical, as their future may be on the line. By showing unwavering support, you can assist them in making rational decisions about their case.

Addressing Mental Health Concerns:

Informing Authorities:

If your family member has mental health issues, a physical illness, or a disability, it is vital to inform the arresting officers immediately. Knowing where they are being taken is crucial for subsequent contacts with the facility.

Communicate with Watchhouse Staff:

Contact the watchhouse where they are held, providing detailed information about your family member’s condition and diagnosis. Share any behaviours that may be of concern. Additionally, provide documentation of their mental health issues to the facility.

Medication Needs:

If your loved one requires medication, inform the police about their specific condition and prescribed medications. You may be allowed to bring the medication to the holding facility with proper documentation and packaging.

Understanding the Arrest Process:

No Advance Notice:

The police are not obligated to provide advance notice of an arrest. It is crucial to be prepared for the formal arrest, detainment, and questioning.

During Arrest:

If present during the arrest, gather details of the officers and the destination. Avoid contacting witnesses or offering explanations to the police. Remember that no one should provide a statement or information to a police officer without legal advice.

Police Interview:

The accused has the right to request a support person and a lawyer during a police interview. It is strongly advised not to talk to the police without legal counsel. You have the right to remain silent.

After the Arrest:

Watchhouse Location:

The accused will be taken to a local watchhouse. Knowing which watchhouse is crucial, as locations may overlap.

Role of a Lawyer:

Obtaining legal representation is paramount. A lawyer can protect the accused’s rights, explore possible defences, seek bail, and provide essential guidance throughout the legal process.

What can I do to help?

In the face of police questioning or an arrest involving a family member – be it a spouse, son, brother, or any close relation – securing the services of a lawyer emerges as the single most crucial action one can take, and the urgency of this matter cannot be overstated.

Time is of the essence in such situations, and a lawyer can swiftly engage with law enforcement officers, advocating for the rights of the family member and providing essential legal counsel.

It is imperative to recognize that individuals under investigation may inadvertently utter statements to the police that could potentially lead to their being found guilty of an offence. This scenario unfolds frequently, where an arrested person, in their attempt to prove innocence, unknowingly discloses information that may have adverse consequences, such as:

• Admitting to some or all elements necessary for an offence conviction.
• Undermining the lawyer’s ability to negotiate with the prosecutor for charge withdrawal or reduction.
• Hampering the deployment of a valid defence during trial.

Instances abound where ordinary citizens in Queensland engage with the police and, as a consequence, find themselves convicted of offences. Many of these cases could have been prevented had individuals invoked their right to silence.

It bears repeating emphatically: DO NOT TALK TO POLICE without seeking legal advice. This precautionary measure can safeguard the legal interests and rights of individuals facing police questioning or arrest, preventing unintended self-incrimination and contributing to a more robust defence strategy.

What if they do not get Bail?

In the unfortunate event that bail is not granted, the family member will be compelled to remain in custody until the resolution of their charges, unless bail is later approved by a judge of the Supreme Court.

Subsequently, they will be transferred to a prison or remand centre at the earliest opportunity, a process that may take several days to complete. To ascertain their location once in custody, individual can utilize the search for prisoner form.

Upon their arrival at the prison, arrangements ban be made for family members to, providing an opportunity for face-to-face communication. Additionally, the family member will typically be granted the ability to make phone calls, to foster an ongoing connection during this challenging time.

The First Court Appearance

After first court appearance, may not be for several weeks. You will be able to attend the court on that date unless it is a closed court. Your family member will likely appear by video link not in person.

Coping with Stress:

Seek Professional Help:

The stress of a family member’s arrest is understandably overwhelming. It is advisable for family members to seek professional help and not bear the burden alone.

Coping with Incarceration:

Life slows down for the incarcerated, causing stress. Family members can help by maintaining hope without giving false expectations. Legal questions should be directed to the lawyer.

Discovering that a family member has been arrested is a challenging ordeal, but understanding your rights and the legal process can significantly impact the outcome. Providing emotional support, addressing mental health concerns, seeking legal representation, and managing stress collectively contribute to a more informed and resilient approach in navigating through such difficult times.

Our team specialise in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

Discovering that a child is involved in the legal system can be a complex and emotional experience for both the young individual and their family. Under the Juvenile Justices Act (Queensland), specific provisions govern the legal proceedings involving children, ensuring a balanced and considerate approach to their unique circumstances.

Presumptions and Age-Related Protections

In alignment with these principles, the law establishes that children under the age of 10 cannot be held criminally responsible. Beyond this age threshold, from 10 to 14 years old, there exists a rebuttable presumption of non-criminal responsibility. This means that for a child to be found guilty, the prosecution must not only prove the commission of an offense but also establish the child’s capacity to understand that their actions were wrong.

Legal Representation for Children

When a child faces legal proceedings, they are entitled to legal representation. Importantly, the child is the client, and their instructions take precedence over parental influence. Legal Aid is available for children charged with criminal matters. Notably, the assets of the child’s parents are generally not considered in the application process.

Youth Justice Services and Officers

The Youth Justice Act intricately details how the legal system engages with children. The Department of Children, Youth Justices, and Multicultural Affairs oversees Youth Justice service centres across Queensland. These centres bear the responsibility of implementing community-based orders and supervising children released under conditional release orders from detention centres. Queensland operates three youth detention centres, two in Wacol (Brisbane) and one in Cleveland (near Townsville), providing a total of 306 beds.

Role of Youth Justice Officers

Youth Justice oversee the activities of young offenders. Their focus extends to education, employment, health, and other facets integral to a child’s well-being. Whether supervising community-based orders or aiding those transitioning from detention centres, these officers play a vital role in supporting the rehabilitation and growth of the young individuals under their care.

Police Interaction and Support Persons

When a child encounters police involvement, an obligation to accompany them to a station only arises under arrest. The police can apprehend a child either in connection to an identified offense or for questioning about specific allegations.

To safeguard the child’s rights during police interactions, the presence of a support person is crucial, especially for statements related to complex offenses. This individual, often chosen by the child, acts as a buffer, ensuring a fair and equitable interaction that counteracts the inherent power imbalance between the child and the police.

Support persons can include parents, lawyers, agency-employed legal service providers, nominated adult relatives or friends, or a justice of the peace upon police request.

Understanding the intricacies of Queensland’s youth justice system is crucial when a child becomes entangled in legal proceedings. The framework prioritizes age-appropriate considerations, legal representation, and supportive measures to ensure a fair and just process for young individuals navigating the complexities of the legal system.

Our team specialise in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

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

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

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

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

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

Our team specialise in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

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

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

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

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

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

Our team specialise in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

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

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

Who Can Attend?

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

Program Duration

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

Program Content

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

Who Qualifies?

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

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

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

Our team specialises in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

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

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

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

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

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

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

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

Our team specialise in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.

When an offender pleads guilty to an offence, they will proceed to be sentenced by the court. If a court chooses to impose a term of imprisonment, the court may choose to suspend that term either wholly or partially.

In Queensland, suspended sentences are outlined in Part 8 of the Penalties and Sentencing Act (QLD). When an offense results in a term of imprisonment of five years or less, the court may consider suspending part or the entire sentence. This allows the offender to remain in the community, provided they comply with specific conditions set by the decision-maker, which can include reporting to a probation officer, attending rehabilitation programs, and adhering to various restrictions.

The primary purpose of a suspended sentence is to find a balance between punishment and rehabilitation, ultimately aiding the offender in reintegrating into society. The decision to impose a suspended sentence is made by a judge, magistrate, or another relevant authority and is often used for less severe offenses or to give the offender an opportunity to make positive changes under supervision.

Queensland courts, such as Brisbane, Beenleigh, or Southport Magistrates Court, consider a range of factors under Section 9(2) of the Act when sentencing, including the nature and gravity of the offense, any resulting harm, the offender’s character, cooperation with the police, and more. A term of imprisonment is viewed as a last resort, and suspended sentences are one of several alternatives available, including probation, community service, and good behaviour bonds, each with specific conditions and requirements.

If an offender breaches a suspended sentence, the court can order them to serve the suspended term of imprisonment in jail, in addition to a new sentence for any subsequent offense. Law enforcement, including the police, can apply for a summons or warrant if they suspect a breach.

Our team specialise in criminal law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.