On the 8^th of November of this year, a referendum was held to add an Indigenous Voice into Parliament. It is Compulsory that all Australian citizens vote at all State and Federal level elections and referendums, this is set out in the Electoral Act, in legislation. Once you are 18 years old you must register to vote, once registered it is legally enforced that you vote.

What if I am not a registered voter?

If you are an Australian citizen and over the age of 18 years, it is compulsory to register to vote. However, if you are over the age of 18 years and had yet registered to be a voter before the referendum, you will not suffer any consequences.

I Am A Registered Voter and Forgot to Vote?

If you neglected to vote in the referendum and were over 18 years and registered, you will receive a failure to vote notice either via email or paper mail and have to pay a fine.

If you receive a failure to vote notice, you can:

• Provide a valid and sufficient reason for not voting.
• Explain that you did in fact vote and provide relevant details.
• Pay a fine of one penalty unit at the time of the offence, or half this amount if the fine is paid before the due date

If you neglect to pay the fine, the fine may be referred to the State Penalties Enforcement Registry for further action. The fine is around $20 as it has been in previous years.

Since 2018, when Electric Scooters were first introduced in Australia, the states and territories have remained divided on the legality of electric scooters on public roads, and shared paths. The e-scooters are becoming a more popular mode of transport in metropolitan areas as in Brisbane almost a quarter (23.5%) of all e-scooter riders used them as a way to commute to work. As popular as they are becoming, it is important to understand e-scooter laws if you are going to be riding one.

Each state and territory have different rules and regulations regarding to use of e-scooters the only rule that all states and territories agree on is riders must wear bicycle helmets on public roads and shared paths. E-scooter riders need to remember that they must take safety seriously, as seriously as they take safety when operating a motor vehicle.

The new e-scooter laws include:

E-scooter speed limits:

• Riders must comply with relevant speed limits based on where they are riding.
• Where there is no relevant speed signage, the default speed limits are:
• 12km/h on footpaths, shared paths and crossings
• 25km/h on permitted local roads and dedicated bike paths and bike lanes.
• 10km/h in shared zones
• Or specified path speed limits

E-scooters can ride on:

• Footpaths, shared paths, separated paths and bike paths
• Local streets (where the speed limit is 50km/h or less and there are no dividing lines, median strips, or one-way streets with only 1 marked lane).
• Bike lanes on roads where the speed limit is 50km/h or less
• Bike lanes that are physically separated from other lanes of traffic

And are now permitted to:

• Use a mobile phone while stationary on a path or nature strip
• Park their device on a path or nature strip (for example, when using a shared e-scooter scheme)
• Ride diagonally across a scramble crossing pedestrian intersection
• Cross the pedestrian side of a separated footpath
• Ride on a safety zone near a tram stop.

E-scooters laws on the road

Riders are only permitted to ride on the road in some limited circumstances to:

• Avoid an obstruction on a path or bike lane for up to 50m
• Bike lanes that are physically separated from other lanes of traffic (for example, by bollards or raised median strip).
• Access a bicycle storage box at an intersection
• Move out of the way of an emergency vehicle
• Travel through an intersection between a road, bike lane or path that they are permitted to be in.

Safety equipment

• Riders must wear either an approved bicycle or motorcycle helmet.
• As e-scooters have handlebars riders, must ensure they have a bell or similar warning device fitted.

A Northern Territory news reporter has been charged with impersonating a police officer.

On the 17 October 2022 the news reporter attended a United Service Station in Holtze and allegedly impersonated a police officer in order to obtain a copy of CCTV footage from a recent incident that occurred at the Station. The attendant has provided the reporter with a copy of the footage- under the misrepresentation the reporter was a police officer.

As part of their investigation into the impersonation, police obtained CCTV footage of the alleged incident, which depicts the reporter having a brief conversation with the attendant of the service station and gave her permission to go behind the counter. The footage does not have sound.

The fuel station manager assert that the reporter stated that she was a police officer, and as it was not uncommon for plain clothed police officers to show up requesting CCTV, he did not think anything of her request.

The reporter is pleading not guilty to the alleged offence. The reporter’s legal representation believes that the fuel station attendant, gave the reporter permission to enter behind the counter, without requesting the correct documentation, and panicked with the fear that he could lose his job and has then fabricated his recollection of the events.

The matter is set to return to court in February 2024.

The offence of impersonating a police officer, is very serious in nature as impersonating a police officer, causes confusion and chaos within society.

In Queensland, a person can be charged under section 97 of the Criminal Code:

Section 97 Personating public officers

(1) A person who—

(a) personates a public officer on an occasion when the officer is required or authorised to do an act or attend in a place by virtue of the officer’s office; or

(b) falsely represents himself or herself to be a public officer, and assumes to do an act or to attend in a place for the purpose of doing an act by virtue of being that officer; commits a misdemeanour.

Penalty— Maximum penalty—3 years imprisonment.

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.

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.

Chris Dawson has been sentenced to an additional three years in prison ON TOP of his current 24-year sentence for murder.

Chris Dawson was found guilty of Unlawful Carnal Knowledge after engaging in a sexual relationship with 16 year old student when he was a teacher.

Dawson received this sentence after being found guilty in a Judge alone trial. The sentence of 3 years WILL NOT commence until August of 2039.

Dawson will be eligible for parole in August of 2041, however, laws prevent individuals from being released on parole if a body was never found.

What is Unlawful Carnal Knowledge?

Chris Dawson was charged for New South Wales offences; therefore, the New South Wales legislation applies. This legislation slightly differs from Queensland regarding Unlawful Carnal Knowledge, specifically when the act is between teacher and student. This offence is covered under section 73 of the NSW Crimes Act. Usually, Carnal Knowledge offences do not apply to victims over the age of 16, however due to section 73 of the Crimes Act, Chris Dawson was still prosecuted for this offence due to his position of authority over the victim as a teacher.

Defence:

Under s77(1) of the NSW Crimes Act, the consent of the victim does not count as a defence.

Maximum Penalty:

The maximum penalty for Carnal Knowledge by Teacher is 8 years imprisonment.

Which Court will your matter be heard in for Carnal Knowledge by Teacher:

This matter is strictly indictable.

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 Carnal Knowledge by a Teacher?

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.

Queensland is facing its newest crime epidemic. There has been a 21% increase in the last year of knife crimes being committed by people between the ages of 10 to 21.

This topic has sparked a heated discussion throughout Queensland with many advocating for mandatory sentencing laws for knife crimes to deter offenders.

What is mandatory sentencing?

Mandatory sentencing is when a judge or magistrate must sentence someone to a certain penalty for a particular offence. An example of mandatory sentencing in the Queensland Legislation is the penalty that must be imposed for some gun related crimes.

The current legislation, in relation to the possession of a knife, does not have a section setting out mandatory sentencing- meaning even repeat offenders can walk away from Court with a small fine.

Currently, it is illegal to possess a knife in a public place or a school unless you have a reasonable excuse pursuant to section 51 of the Weapons Act 1990:

51 Possession of a knife in a public place or a school

(1) A person must not physically possess a knife in a public place or a school, unless the person has a reasonable excuse.

Maximum penalty—40 penalty units or 1 year’s imprisonment.

(2) It is a reasonable excuse for subsection (1) to physically possess a knife—

(a) to perform a lawful activity, duty or employment; or

1. b) to participate in a lawful entertainment, recreation or sport; or

(c) for lawfully exhibiting the knife; or

(d) for use for a lawful purpose.

The current legislation allows people to carry a knife if they have a reasonable excuse. Reasonable excuses include for the purpose of performing a lawful activity, exhibiting the knife or for another lawful purpose, some relevant examples of when a knife is permissible to be possessed in public include the following.

• While working in primary production, such as the farmer industry where it is essential.
• A fisherman, carrying a knife whilst fishing (not permitted out in the community only when fishing).
• A knife may be used to prepare or cut food at a public restaurant, at a picnic in a park, or other public goof preparation events.

An amendment to the legislation has been proposed that would add a mandatory sentencing provision for knife related crimes to primarily act as a strong deterrence to curve the rise of knife crimes and secondly to alleviate the community fears and increase their safety. The provision could emulate the gun provision and implement the same minimum penalty of actual imprisonment.

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.

A recent article in the Australian titled “Murders should take truth serum to reveal victims’ bodies say leading barristers” has sparked a debate whether the use of truth serum on prisoners convicted of murder to find the location of the bodies is ethical.

Which side of the fence do you sit on?

What is Truth Serum?

Truth Serum or “Sodium Thiopental, Pentothal” is a powerful drug that has the ability the alter the mind of the person taking it to extract truthful statements from people.

The Truth Serum is administered and slows neural connections, lower inhibitions and ultimately reduces one’s capacity to lie. Truth Serum is sometime used to treat insomnia, but taking too much of this drug in a short interval can prove lethal.

Truth serum has been used as an essential tool of the Indian police throughout history, even after the High Court of India ruling stated that it was “cruel, inhuman and degrading”. Police in India administer the drug when there is an uncooperative suspect in an attempt to elicit a confession.

In the article featured in the Australia, the barrister Ms Cunneen, stated that “the use of chemicals to learn key details about convicted criminals’ offences was a great idea.”

In theory the use of truth serum could be a way to:

• Ensure that justice is served;
• The victims’ families have peace and know what happened to their loved ones;
• Protect the community; and,
• Serve as a deterrence for criminals not to commit these types of offences.

However, the use of truth serum could fundamentally breach many human rights, including the right to remain silent and the right to autonomy over one’s body. The court would have to make an order that the offender would have to take a dosage of truth serum prior to questioning in court. This creates a moral dilemma, does an offender need to give up their right to autonomy of their own bodies and right to silence to aid in the course of justice?

So, what is the alternative solution?

In, Queensland under the Corrective Services Act 2006-

193A Deciding parole applications—no body-no parole prisoner.

(1) This section applies to a no body-no parole prisoner’s application for a parole order.

(2) If a no cooperation declaration is in force for the prisoner, the board must refuse the application.

(3) If the prisoner has been given a notice under section 175Q, the board must consider the application under section 193.

(4) If subsections (2) and (3) do not apply, the parole board must defer the hearing of the application and request a commissioner’s report under section 175M (2).

The no-body parole law is the alternative solution to incite offenders to give information regarding the bodies to the police and allowing offenders to have autonomy of their own bodies, rather than administrating truth serum to offenders.

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 step to crack down on drug driving, roadside drug testing has been expanded to allow for the detection of cocaine. The roadside saliva-based sample tests previously tested only for THC, methylamphetamine and MDMA.

If you test positive roadside for the presence of cocaine, THC, methylamphetamine and/or MDMA, the Police could charge you with one of the following offences:

1. Driving under the Influence of Drug

Driving under the influence of a drug is treated the same as high range drink driving. However, Police do not have to prove a prescribed concentration of a drug, simply that the person is under the influence of the drug. If you are charged with Driving under the Influence of Drug, then there is a mandatory minimum disqualification of your drivers licence is 6 months for the first offence.

2. Driving Whilst Relevant Drug Present in System

This is a slightly less serious charge. For the charge of Driving Whilst Relevant Drug Present, the police do not need to prove that the person was in any way affected by the drug, they just need to prove that the relevant drug was in their system.

If you are charged with Driving Whilst Relevant Drug Present in system, then there is a mandatory minimum disqualification of your drivers licence is 1 month for the first offence.

Our team specialise 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.

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 Assault Police?

In Queensland it is an offence to Assault a police officer when they are performing their official duties. A person who strikes, touches, moves or applies force to a police officer (either directly or indirectly) can be charged with Assaulting a police officer.   

An assault is defined in section 245 of the Criminal Code Queensland as; 

“A person who strikes, touches, or moves, or otherwise applies force of any kind to, the person of another, either directly or indirectly, without the other person’s consent, or with the other person’s consent if the consent is obtained by fraud, or who by any bodily act or gesture attempts or threatens to apply force of any kind to the person of another without the other person’s consent, under such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect the person’s purpose, is said to assault that other person, and the act is called an “assault” . 

In this section—

“applies force” includes the case of applying heat, light, electrical force, gas, odour, or any other substance or thing whatever if applied in such a degree as to cause injury or personal discomfort. 

The Law: 

Section 790 of the Police Powers and Responsibilities Act (PPRA) states; 

(1) A person must not assault or obstruct a police officer in the performance of the officer’s duties. 

Penalty: Maximum penalty— 

(a) if the assault or obstruction happens within licensed premises, or in the vicinity of licensed premises—60 penalty units or 12 months imprisonment; or 

(b) otherwise—40 penalty units or 6 months imprisonment. 

(2) For subsection (1) , a person who obstructs a police dog or police horse under the control of a police officer in the performance of the police officer’s duties is taken to obstruct the police officer. 

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 Assault Police the Prosecution must prove; 

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

2.Did Assault – The Prosecutor has to prove that an “assault” as defined at law has  occurred.  3.

Another Person – There needs to be a victim of the crime;  

3.A Police Officer; 

4.In the execution of their lawful duties; 

5.Without Permission – That the Defendant had no excuse for doing this (ie/ was not authorised / justified or otherwise excused at law)

Penalty for Common Assault:

The maximum penalty that a person can receive for the offence of Assaulting a Police officer is

If within a licenced premises

–

$8007.00 and / or 12 months jail

Otherwise

–

$5338.00 and / or 6 months jail

Convictions:

In Queensland, if a person is convicted of a Assault Police 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 Assault Police 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 Assault Police allegation or if I am charged with Assaulting a Police Officer?

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.