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.

When extreme religious beliefs result in harm or death, the legal consequences for the parents or guardians involved can be severe. Criminal charges such as child abuse, neglect, and manslaughter may be brought against those who refuse medical care or engage in harmful practices due to their religious convictions. For criminal defence firms, understanding these legal charges and the implications for offenders is crucial in formulating effective defence strategies for clients involved in such cases all cross Australia including across New South Wales, Queensland and Tasmania.

1. Child Neglect and Abuse Charges

One of the most common charges in cases where religious beliefs lead to harm is child neglect. Parents or guardians who withhold medical care from a child due to religious beliefs can face significant legal consequences. If a child suffers from a life-threatening condition, such as diabetes, and medical care is denied, neglect charges can be brought. In many cases, this leads to the child becoming seriously ill or even dying.

In the case of Elizabeth Struhs, her parents’ refusal to provide medical treatment for her Type 1 diabetes resulted in her near-death experience in 2019, followed by her eventual death in 2022. They were charged with child neglect and later, manslaughter, after it became clear that their failure to seek medical intervention led to her condition worsening. Legal consequences for parents accused of child neglect can include lengthy prison sentences, especially if the neglect results in injury or death. In Queensland, such cases are taken seriously by the courts, and offenders can face severe penalties.

2. Manslaughter and Murder Charges

When neglect results in death, charges can escalate to manslaughter or murder. In the Struhs case, Elizabeth’s death from diabetic ketoacidosis in 2022 was a result of her parents stopping her insulin treatment, influenced by their religious sect’s practices. Manslaughter charges are common when a parent’s reckless or negligent actions lead to another’s death, and murder charges may be applied if there is evidence of intent or gross recklessness.

• Manslaughter: Charges apply when a person unintentionally causes the death of another through reckless actions. If a parent withholds medication or fails to act in a life-threatening situation, they may face manslaughter charges.
• Murder: In more extreme cases, if it is shown that the actions were deliberate or grossly reckless, murder charges can be brought. This is more likely when the defendant’s conduct goes beyond negligence and is shown to be intentionally harmful.

These charges carry severe consequences in the courts, and offenders can face long sentences. Legal representation is crucial for parents accused of these serious crimes to mount a defence against these charges.

3. Reckless Endangerment

In some situations, individuals may face charges of reckless endangerment if their actions place someone in serious risk of harm, even if no harm occurs immediately. For example, when parents refuse to provide their child with necessary medical treatment, they may face this charge for putting the child in imminent danger.

In cases involving religious beliefs, a parent’s actions may be seen as endangering the child’s life through refusal to provide medical care, resulting in reckless endangerment charges in courts across Australia including those in New South Wales, Queensland, and Tasmania.

4. Coercion and Manipulation in Religious Sects

Religious leaders who encourage followers to engage in harmful practices can be charged with coercion or manipulation. If a leader pressures followers to withhold medical care or engage in dangerous rituals, they may be held legally responsible. In the Struhs case, the religious leader, Brendan Stevens, was accused of manipulating the parents into refusing medical treatment for their daughter. Legal consequences for leaders may include charges of coercion, conspiracy, or manslaughter, depending on their involvement in the harm.

Consequences

The legal consequences for those found guilty of these charges are severe, as they can result in lengthy prison sentences and long-term social and financial ramifications. Below are some key legal consequences parents and religious leaders may face:

• Child Neglect: Penalties for child neglect can range from several years to 20 years in prison, depending on the seriousness of the neglect and the harm caused.
• Manslaughter: If convicted of manslaughter, the offender can face up to 25 years in prison, depending on the degree of recklessness involved in the death.
• Murder: Conviction for murder can lead to a life sentence in prison, with offenders serving a minimum term before becoming eligible for parole.
• Reckless Endangerment: This charge can result in penalties ranging from a few years to 10 years in prison, depending on how severe the risk to the child’s life was.
• Coercion: Religious leaders who are found guilty of coercion may face prison terms of 5 to 10 years, depending on their role in encouraging harmful actions.

The severity of these penalties reflects the seriousness with which Australian courts, including those in New South Wales, Queensland, and Tasmania, view cases involving religious extremism and the neglect or harm of children. In addition to prison sentences, those convicted of such crimes may face long-term reputational damage, which can affect their personal and professional lives for years to come.

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.

Drug-influenced driving is a serious criminal offence that can have significant legal consequences for the accused driver, other road users, and public safety. A recent case involving former Home and Away star Felix Dean illustrates the potential charges and penalties that can arise when a driver is caught under the influence of illicit substances.

When an individual operates a vehicle under the influence of illicit substances, their ability to drive safely is severely impaired, leading to dangerous driving behaviour. The legal penalties for drug-influenced driving can include hefty fines, licence disqualification, probation order, car impoundment and more often than people understand- imprisonment. This article discusses the legal consequences of drug-influenced driving in Australia, focusing on how charges are handled, and why it’s crucial for an accused individual to seek legal representation.

What is Drug-Influenced Driving?

Drug-influenced driving refers to the act of operating a vehicle while under the influence of drugs, including methamphetamine, cannabis, ecstasy, and certain prescription medications. These substances can impair cognitive functions such as decision-making, reaction time, and motor skills, leading to dangerous driving behaviours like swerving, erratic braking, or delayed responses.

The Legal Consequences of Drug-Influenced Driving

1. Fines: One of the most common penalties for drug-influenced driving is a fine. In all Australian states, including Queensland, New South Wales, and Tasmania, drivers found to have illicit substances in their system can face substantial fines. The amount depends on the type of drug found and whether the accused has a prior record of offences.
2. Licence Disqualification: A key consequence for those convicted of drug-influenced driving is the disqualification of their driver’s licence. Typically, an offender is disqualified for at least six months, though the court may decide to shorten or extend this period based on the circumstances. In some cases, a driver may face an indefinite disqualification, depending on the severity of the offence and whether it was a repeat incident. In Queensland and New South Wales, courts tend to impose harsher penalties for repeat offenders, whereas Tasmania may offer more lenient options for first-time offenders.
3. Criminal Record: If convicted, can offender will have a criminal record. This can have lasting consequences, affecting future employment, travel, and personal opportunities. A criminal record may limit access to certain jobs, especially those involving driving or working with vulnerable people, and it could impact future legal proceedings. The accused should be aware that a conviction for drug-influenced driving can follow them for years.
4. Imprisonment: Imprisonment is a real possibility. A first offence for drug-influenced driving may not result in prison time, but repeat offenders or individuals involved in accidents while impaired could face jail sentences. In Queensland and New South Wales, the courts have been known to impose prison sentences on repeat offenders or those found guilty of causing harm to others.
5. Insurance and Liability Issues: A conviction for drug-influenced driving can complicate insurance matters. The offender may find it difficult to obtain car insurance or could face much higher premiums. If an accident occurs while the accused driver is under the influence, they could be held personally liable for damages. In addition, the court may rule that the offender is at fault, leading to civil claims from the victims of the accident.
6. Civil Claims: In the unfortunate event that the accused driver causes an accident while under the influence, they may be subject to civil lawsuits from the other parties involved. Victims may sue for damages, including medical expenses, lost wages, and compensation for emotional distress. In such cases, the financial implications of drug-influenced driving can be devastating.

Why Legal Representation is Essential

If you are the accused in a drug-influenced driving case, it’s essential to seek professional legal representation. A criminal defence lawyer can help you navigate the legal process and may be able to challenge the evidence against you, including the accuracy of drug tests. In some cases, they may argue for leniency based on mitigating factors, such as addiction or a first offence. A lawyer can also advocate for reduced penalties or explore alternative sentences, like community service or rehabilitation programs, depending on your state or territory.

Conclusion: The Importance of Responsible Driving

Driving under the influence of drugs is a serious criminal offence in Australia, with penalties that can include fines, licence disqualification, criminal charges, and possible imprisonment. The charges for drug-influenced driving are not limited to the legal consequences—they also pose significant risks to public safety. An offender’s ability to drive safely is impaired, endangering not only their own life but the lives of others on the road.

If you are facing drug-influenced driving charges, don’t face it alone. Contact a criminal defence lawyer who can help you navigate the charges, assess your options, and work towards the best possible outcome. Whether you are in Queensland, New South Wales, Tasmania, or elsewhere, a legal expert can provide invaluable support to ensure your rights are protected and to help mitigate the consequences of this serious offence.

Our team at Brooke Winter Solicitors specialise in traffic law- including drug-influenced driving. 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.

For individuals facing criminal charges, securing bail can be a complex process—especially when rehabilitation is a key factor in the court’s decision. In recent cases, including that of Omar Mahfouz, the courts have considered rehabilitation as an alternative to imprisonment or pre-trial detention. However, the closure of facilities like Connect Global highlights the importance of choosing an accredited and reputable rehab centre when presenting a bail application.

The Role of Rehabilitation in Bail Applications

When applying for bail, demonstrating a commitment to rehabilitation can significantly strengthen a case. Courts often weigh public safety concerns against an accused’s willingness to seek treatment. In cases involving substance-related offences, entering a structured rehabilitation program can be a compelling argument for conditional release.

Key factors courts consider include:

• The seriousness of the charges – More severe offences may require stricter bail conditions.
• Past criminal history – A clean or minimal record may support a bail application.
• The proposed rehab facility – The court will assess its credibility and suitability.
• Risk of reoffending – Structured programs with strict supervision can mitigate this concern.
• Community ties and support – A stable home environment can influence the court’s decision.

In addition, courts may also consider whether the individual has previously attempted rehabilitation and whether it has been successful. A history of repeated violations or failures in treatment programs may weaken a bail application. In states such as Queensland, New South Wales, and Tasmania, the legal system takes a strict approach when assessing rehabilitation as a factor in bail applications, particularly for offenders with serious charges.

What Was Connect Global?

Connect Global was a rehabilitation facility located at Swan Bay, near Port Stephens, New South Wales. It operated a community outreach program for men, focusing on rehabilitation from addiction and related issues. The centre had been in operation for about 10 years, using 29 on-site cabins for rehabilitation and 10 cabins for tourism purposes. It was known for housing high-profile residents, such as former TV presenter Andrew O’Keefe, and received a grant through the Stronger Community Grants Program in 2021.

Why Did Connect Global Close?

Connect Global closed following a series of controversies and operational challenges:

• Bail Breaches and Police Concerns: There were significant concerns about the centre’s operation, particularly regarding clients who were facing serious charges. Within a 12-month period, 15 clients were charged over bail breaches and five had absconded. The facility was also subject to two police raids in a year, including one by the bikie squad.
• High-Profile Incidents: The centre made headlines after an alleged drug importer absconded from the facility using forged Supreme Court documents. This and other incidents led to increased scrutiny from authorities and the public.

Choosing the Right Rehabilitation Centre

The controversy surrounding Connect Global, which housed high-profile individuals and faced scrutiny over security failures, underscores the importance of selecting a legitimate rehab centre. A court-approved facility with a strong track record will lend credibility to a bail application. The rehab centre should have licensed professionals, structured programs, and a history of effectively supporting recovery.

Factors to consider when selecting a rehab facility include:

• Accreditation and licensing
• Staff qualifications and expertise
• Program structure and success rates
• Security measures and supervision levels

Strict Bail Conditions and Compliance

Even when bail is granted for rehab, strict conditions may apply, such as:

• Electronic monitoring (ankle bracelet tracking)
• House arrest or restricted movement
• Drug and alcohol testing
• Supervised communication and approved visitors
• Restrictions on electronic devices

In the case of Mr. Mahfouz, the court imposed several conditions to mitigate risks, including pre-approved visitors and electronic monitoring. This demonstrates how defence strategies can include strict supervision to reassure the court that the individual will comply with the law. In many cases, an offender in custody must present a strong rehabilitation plan to the court before being granted conditional release.

How a Criminal Defence Lawyer Can Help

A strong bail application requires legal expertise. An experienced criminal defence lawyer can:

• Gather evidence to support rehabilitation as a viable option.
• Identify and recommend court-approved rehabilitation centres.
• Negotiate bail conditions that balance legal obligations with recovery needs.
• Challenge unjust denials and advocate for fair treatment.

It is crucial to understand that securing bail for rehabilitation is not a guarantee of freedom. The court will carefully assess whether the individual poses a risk to the community or is likely to reoffend. If you or a loved one is facing criminal charges and seeking bail for rehabilitation, legal representation is crucial. Contact our firm today to discuss your options and build a strong case for your release.

Our team at Brooke Winter Solicitors are extremely experienced in bringing Application’s for Bail in the Local, Magistrate and Supreme Court jurisdictions. 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.

Street racing is a dangerous and illegal activity that can result in severe criminal charges, devastating accidents, and life-altering consequences. Recent cases, such as a fatal crash in Sydney’s south that left two children dead and another injured, highlight the extreme risks associated with reckless driving. For individuals facing street racing charges, understanding the legal implications and potential penalties is crucial. Authorities across New South Wales, Tasmania, North Queensland, the Gold Coast and all over Australia are increasingly cracking down on offenders.

What Is Street Racing?

Street racing generally involves two or more vehicles engaging in high-speed, competitive driving on public roads. These races can be spontaneous or organised and often take place in high-traffic areas, significantly increasing the risk of accidents and fatalities. Authorities treat street racing as a serious crime due to the potential harm to drivers, passengers, and bystanders. Accused street racers can face strict legal action and criminal prosecution.

What Happens If You Are Charged?

Being charged with street racing can have immediate and severe consequences. Law enforcement in may impound your vehicle, suspend your driver’s license, and arrest you on the spot. Depending on the circumstances, you may be required to appear in court and face substantial legal penalties.

A conviction can result in:

• Heavy Fines – Significant financial penalties, sometimes amounting to thousands of dollars.
• Licence Suspension or Revocation – Authorities may suspend or permanently revoke your driving privileges.
• Vehicle Impoundment or Forfeiture – Your car may be seized for a set period or even permanently forfeited.
• Criminal Record – A conviction may result in a permanent criminal record, which can affect employment opportunities and travel.
• Prison Sentence – Depending on the severity of the offence, offenders could face months or even years behind bars.
• Civil Lawsuits – If injuries or fatalities occur, victims or their families may file lawsuits seeking damages.

Potential Criminal Charges and Penalties

Individuals involved in street racing may face multiple charges, including:

• Reckless or Dangerous Driving – Driving at excessive speeds with disregard for public safety.
• Manslaughter – If a fatal accident occurs as a result of street racing, accused drivers may be charged with manslaughter or vehicular homicide.
• Causing Bodily Harm by Misconduct – Injuring another person due to reckless driving can lead to significant legal consequences.
• Aiding and Abetting Manslaughter – Even if a driver does not directly cause an accident, participating in or encouraging the race could result in criminal liability.
• Street Racing Offenses – Many jurisdictions, including those in Tasmania, Queensland, and New South Wales, have specific laws targeting illegal street racing, often carrying harsh penalties.

Why Legal Representation Matters

Street racing charges can have long-term consequences on a person’s criminal record, driving privileges, and personal reputation.

At our firm, we understand the serious nature of street racing allegations and are committed to providing strong legal advocacy for our clients. Our experienced attorneys represent clients across New South Wales, Tasmania, the Gold Coast, North Queensland and anywhere else in Australia, ensuring they receive fair treatment in court. If you are facing street racing charges, contact our criminal defence team today for a consultation. We are dedicated to protecting your rights and helping you move forward.

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.

If you’ve been charged in Queensland, your case will usually start in the Magistrates Court. The first date you attend is called the first mention. It’s vital not to miss this date – if you fail to appear, the court may issue a warrant for your arrest. The first mention is simply your first day in court (and there are no witnesses). On that day: the registrar (court clerk) will call your name, and the Magistrate will read out the charges against you Then the magistrate will ask you if you want to plead guilty or not guilty

On your first mention you have three basic options:

• Ask for an adjournment: if you need more time (for example to get a lawyer or review documents).
• Plead guilty: if you admit the offence. The magistrate may then decide your sentence that day or set a later date for sentencing.
• Plead not guilty: if you contest the charge. For simple offences, the Magistrate will usually adjourn the matter to a different court as prosecutions (Police) must first provide you a brief of evidence. Likewise, for serious indictable offences.

Preparing for Court

Before the date, find your court’s address and a map. Plan to arrive early. You will likely have to sign in at the court counter. Dress neatly and professionally (no hats or sunglasses). Bring all paperwork you have: the notice to appear or summons, any bail papers, and your QP9 (police summary of evidence). You can often get a free copy of the QP9 from the police prosecutor on the first date or ask for a duty lawyer’s help. Take a pen, notepad, and any supporting documents or character references if relevant. You may bring a support person, but they cannot speak for you in court.

At court, if you have not seen a duty lawyer, wait for your name in the list. When called, stand and address the Magistrate as “Your Honour.” Speak clearly. When your plea is entered, follow what happens next. If you plead guilty, the prosecutor will present facts and the Magistrate may ask for submissions before sentencing you. If not guilty, the matter will need to be adjourned to a different court/day to allow prosecutions to gather further evidence against you before listing for trial.

Rights and Help

You have the right to legal representation. If you cannot afford a lawyer, ask to speak to the duty solicitor (free lawyer at court) before or after your appearance. You may also request an interpreter if needed. Always be truthful and polite in court. Don’t speak unless asked.

The legal system can be daunting, but you don’t have to face it alone.

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 police officers have defined powers when arresting and investigating a suspected offence. Generally, an officer must reasonably suspect you have committed a serious offence (indictable offence or a breach of bail) to arrest you without a warrant. If you are arrested, police must immediately tell you you’re under arrest and the reason (and caution you). You have the right to remain silent, but you should clearly ask for a lawyer if you don’t want to answer questions.

Once in custody, you can be detained and questioned for up to four hours (unless a court extends this). Always remain respectful, clearly state that you wish to remain silent, and insist on contacting a lawyer before answering any detailed questions.

Police may enter or search your property in certain situations. They must usually have your consent or a warrant (for example, a search warrant issued by a judge). However, under the Police Powers and Responsibilities Act 2000 (Qld), police can search you or your belongings without a warrant if they reasonably suspect you are carrying something like:

• A weapon (knife, gun, etc.) or dangerous implement.
• Illegal drugs or drug paraphernalia.
• Stolen or unlawfully obtained property.
• Tools for housebreaking or car theft.
• Evidence of certain serious offences (e.g. an article that might be destroyed).

Police also have limited power to search without suspicion in urgent cases (e.g. to prevent harm or the destruction of evidence). When stopping and searching you, officers should act with minimal intrusion (e.g. a quick frisk in public, or a more private search out of view) and normally have an officer of the same sex conduct any intimate search. If you are stopped, you can politely ask why and note down their reasons.

During an investigation, police must follow procedural safeguards. Interviews must be audio/video recorded once you are in custody. You have a right to consult your lawyer (or duty lawyer) before and during questioning. Any evidence gathered in breach of the law (for example, through an illegal search) may be inadmissible in court. If you feel your rights have been violated, note the details and seek legal advice as soon as possible.

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

In a recent Southport District Court matter (24 January 2025), a Gold Coast man pleaded guilty to online child exploitation offences. The court sentenced him to two years’ imprisonment but immediately released him on a recognisance order. This means he will serve his sentence in the community under strict conditions (good behaviour) for three years, including two years of supervision by a probation officer. If he breaches this order, the jail term can be activated.

This case highlights how Queensland courts handle certain serious offences. The man had uploaded and possessed illicit images, breaching Commonwealth law. In sentencing, the judge balanced community protection with rehabilitation factors. The recognisance order (effectively a suspended sentence) allowed him to remain free under supervision rather than immediately go to prison. Such community-based orders are provided for under the Penalties and Sentences Act 1992 (Qld) and relate to the court’s power to order good behaviour recognisance. Similar QLD cases often involve weighing the defendant’s remorse and history against the need to deter and punish.

For example, in February 2024 a former police officer in Southport was given a 24-month sentence (with a portion of it suspended) after pleading guilty to possessing child exploitation material. The judge considered his guilty plea, time served and personal circumstances when setting the release date.

If you face charges or sentencing in Queensland (whether in Southport or elsewhere), it’s crucial to understand your options. Experienced lawyers can explain how prior precedents like these might apply to your case.

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.

When a defendant is convicted in Queensland, the court (usually a Magistrate or Judge) must impose a sentence. The Penalties and Sentences Act 1992 (Qld) tells courts what factors to consider: the need to punish, rehabilitate, deter, protect the community, and denounce the crime. The court also looks at the nature of the offence, harm caused, and your personal circumstances (like criminal history and cooperation)

Sentencing Options of Court

Queensland courts have a range of sentencing options. For example, you might get:

• A fine for minor offences (payable by a due date, or a short default jail term if unpaid).
• A good behaviour bond (you promise to be of good behaviour, often with a monetary recognisance).
• A probation order, where you remain in the community under supervision and must report to a probation officer.
• Community service (unpaid work).
• Intensive Corrections Order (community order with strict conditions, akin to parole without jail).
• A suspended sentence (prison sentence released on good behaviour bond).
• Imprisonment (in a QLD jail) for serious offences.

You may receive more than one penalty (e.g. a fine plus probation). The court will explain your sentence on the spot.

Probation: If a court orders probation, you stay in the community but under conditions. A probation order (usually 6 months to 3 years) requires you to report to a probation officer and obey directions. You must not re-offend, not leave QLD without permission, and comply with any treatment or counselling required. Probation is intended to help rehabilitation by providing support and monitoring. Breaching probation (e.g. missing appointments) can lead to a new charge or revocation of the order.

Parole: For longer prison terms, an offender may be eligible for parole – early release under supervision. In Queensland, prisoners are usually considered for parole after serving a minimum portion of their sentence. Parole is granted by a parole board under the Corrective Services Act 2006 (Qld). A parolee must follow strict conditions (report to a parole officer, travel restrictions, electronic monitoring, etc.). If a parolee breaks the conditions, they can be returned to custody to finish their sentence.

Whether probation or parole is granted depends on factors like your behaviour in custody, rehabilitation prospects, and risk to the community.

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.