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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Drink driving reforms came into effect on 10 September 2021.

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

Expansion of the existing Alcohol Ignition Interlock Program:

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

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

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

What is the Alcohol Ignition Interlock Program?

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

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

Associated Fees?

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

Is it Mandatory?

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

Requirements of the Program:

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

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

How Long is the Program?

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

Can I still get a work licence?

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

Introduction of Education Programs:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 Animal Cruelty?

In Queensland it is a criminal offence to commit an act of animal cruelty under the Animal Care and Protection Act 2001.  The act firstly imposes a legal duty of care on people who are in care of animals. Complaints about breaches can be investigated by Queensland Police, the RSPCA or Biosecurity Queensland.

All owners and carers of animals in Queensland have a duty of care to the animals they are caring for.  If the duty of care is not upheld or an individual is cruel to an animal they can be criminally charged and convicted.

Being cruel to an animal includes:

  • beating, abusing, terrifying or tormenting an animal;
  • confining or transporting an animal without appropriate preparation such as food and water;
  • killing an animal inhumanely;
  • injuring or wounding an animal.

It is illegal to put animals through unjustifiable, unnecessary or unreasonable pain.  

The Law:-

Section 17 of the Animal Care and Protection Act (Qld) states;

A person must not be cruel to an animal.

Penalty—

Maximum penalty—2000 penalty units or 3 years imprisonment.

Note—

This provision is an executive liability provision—see section 209 .

(2) Without limiting subsection (1) , a person is taken to be cruel to an animal if the person does any of the following to the animal

(a) causes it pain that, in the circumstances, is unjustifiable, unnecessary or unreasonable;

(b) beats it so as to cause the animal pain;

(c) abuses, terrifies, torments or worries it;

(d) overdrives, overrides or overworks it;

(e) uses on the animal an electrical device prescribed under a regulation;

(f) confines or transports it—

(i) without appropriate preparation, including, for example, appropriate food, rest, shelter or water; or

(ii) when it is unfit for the confinement or transport; or

(iii) in a way that is inappropriate for the animal’s welfare; or

Examples for subparagraph (iii)—

• placing the animal, during the confinement or transport, with too few or too many other animals or with a species of animal with which it is incompatible

• not providing the animal with appropriate spells

• confining the animal in or on a vehicle in a way that causes heat stress or other pain for the animal

(iv) in an unsuitable container or vehicle;

(g) kills it in a way that—

(i) is inhumane; or

(ii) causes it not to die quickly; or

(iii) causes it to die in unreasonable pain;

(h) unjustifiably, unnecessarily or unreasonably—

(i) injures or wounds it; or

(ii) overcrowds or overloads it.

Section 18 of the Animal Care and Protection Act (Qld) states;

(1) A person must not be cruel to an animal.

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 Animal Cruelty the Prosecution must prove;

1. Defendant – The Prosecutor has to prove the identification of the offender;

2. Was Cruel;

3. To an Animal.

Maximum Penalty for Breach of Duty of Care and Animal Cruelty:-

Animal cruelty holds a maximum penalty of 3 years imprisonment or 2000 penalty units.

Convictions:-

In Queensland, if a person is convicted of Animal Cruelty, 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 Animal Cruelty 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 an Animal Cruelty allegation or if I am charged with Animal Cruelty?

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 Affray?

Generally speaking, the act of “Affray” relates to fighting or violent acts that occur in public or private places causing alarm to others in the public community and disturbing the peace. The act of Affray can be satisfied if the conduct of the defendant was such as to make a reasonable person fear for their safety. Affray can include acts such as, but not limited to, making loud threats, rioting, yelling loudly and fighting loudly and getting into group fights in front of others.

The Law:-

Section 72 of the Criminal Code (Qld) 1899 states;

(1) Any person who takes part in a fight in a public place, or takes part in a fight of such a nature as to alarm the public in any other place to which the public have access, commits a misdemeanour.

Penalty—

Maximum penalty—1 year’s imprisonment.

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 Affray the Prosecution must prove;

  1. Defendant – The Prosecutor has to prove the identification of the offender;
  2. Used or threatened to use violence;
  3. That the violence used or threatened was likely to cause alarm to the public.

Penalty for Common Assault:-

The maximum penalty that a person can receive for the offence of Affray is 1 year.

Convictions:-

In Queensland, if a person is convicted of an Affray 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:-

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 Affray 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 an Affray allegation or if I am charged with an Affray 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 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 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:

  • 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 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:

  • 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 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.

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