In the Mackay Supreme Court, Van Dung Vu has plead not guilty to possessing more than 200 grams of dangerous drugs and possession of a mobile phone that was used in the commission of a crime.

Mr Vu was arrested two (2) years ago after the Australian Border Force found a package containing 3.3 kilograms of heroin in disposable gloves that was being sent to a Mackay business. The value of the drugs is estimated at nearly $1 million.

The matter has been listed for a Trial in the Mackay Supreme Court which will occur in May 2023.

If found guilty of the offence Mr Vu faces a maximum penalty of 25 years imprisonment.

The amount of drugs is significantly high meaning it was unable to be dealt with in the Magistrates Court and the matter has completed the committal process through to the Supreme Court.

The Drugs Misuse Regulations 1987 (Qld) in schedule 3 and 4 specify the quantities of dangerous drugs which an offender can be caught with and still have dealt with in the Magistrates Court. If the amount is over the quantity outlined in these Schedules than the matter must proceed on committal and progress to the Supreme Court to proceed by either Trial or Sentence.

The maximum penalty for offences which exceed Schedule 3 or 4 is respectively 25 years imprisonment.

If the amount an offender is caught in possession of is under the amount in Schedule 3 or 4 the maximum penalty is 15 years imprisonment which is still significantly high.

If you have been charged with Possession of a Dangerous Drug you should seek legal assistance with your matter.

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.

A 23-year-old man has been charged and today faced Southport Magistrates Court after a 20 year old man was stabbed in the abdomen in Varsity Lakes on Sunday afternoon.

A fight is alleged to have broken out between the pair and it is reported that Mr James Smith who has been charged after the incident was with two other individuals when the altercation took place.

Mr Smith has been charged with grievous bodily harm and threatening violence after the altercation. The victim is in a stable condition after undergoing emergency surgery on the wound to his abdomen.

Grievous bodily harm is an indictable offence that must be dealt with in the District Court and carries a maximum penalty of 14 years imprisonment.

Threatening violence is a summary offence that carries a maximum penalty of 2 years imprisonment unless the offence occurs at night in which case the maximum penalty is then 5 years imprisonment.

Queensland is seeing high numbers of offences involving knives and not all of them are violent crimes. It is becoming more common for younger people to be caught with a knife in their possession. These young people say they have the item for protection, however they will be facing a criminal charge for the possession of the knife as it is illegal to be carrying a knife in a public place. This includes whether it is being used or not.

A knife can be transported in your vehicle, however it must be stowed in the boot of your car during transit. It is not lawful to carry a knife for self-defence purposes.

If you are caught with a knife in your possession for no lawful or emergent reason you can be charged under section 51 of the Weapons Act 1990 (Qld). The maximum penalty for this offence is either a fine of 40 penalty units or 1 year’s imprisonment.

If you have been charged with any of the offences listed in this article you should seek legal advice.

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. 

The answer is, NO.

No one is above the law – even police officers who enforce the law.

Just after midnight on Sunday 26 February 2023, two officers from the Traffic and Highway Patrol Command identified two motorcycle riders travelling on the M5 through Liverpool in NSW.  The two motorcyclists were eventually pulled over at the intersection of the Hume Highway and Hoxton Park Road after the police helicopters and a police officer on a motorbike followed their route.

The two motorcyclists turned our to be police officers, and they were charged with driving in a dangerous manner and was issued a Court Attendance Notice to appear in Liverpool Local Court on 12 April 2023.

According to section 117(2) of the Road Transport Act 2012 No 18 (NSW)

A person must not drive a motor vehicle on a road furiously, recklessly or at a speed or in a manner dangerous to the public.

The maximum penalty:

A fine or imprisonment for 9 months or both (in the case of a first offence) or 12 months (in the case of a second or subsequent offence).

In considering whether an offence has been committed under this section, the court is to have regard to all the circumstances of the case, including the following:

(a) the nature, condition and use of the road on which the offence is alleged to have been committed,
(b) the amount of traffic that actually is at the time, or which might reasonably be expected to be, on the road

Police have protocols they must adhere to in order to prevent further risk or harm to the general public while enforcing the law on someone they suspect has broken the law.  Likewise, protocols do not allow the police to break the law to be able to enforce the law.  Police have now placed the serving special constable employment under review until investigations are complete.

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. 

The Facebook quiz which led to the Cambridge Analytica data breach has been the subject of many courts worldwide. The personality quiz that was running on Facebook was taken by people across the world, however as we now know those who took the quiz also exposed their Facebook friends to the data breach unknowingly. Over 50 million Facebook users were affected without their knowledge or consent.

In Australia it was estimated that 53 people took the quiz and it is believed that this exposed approximately 300,000 of their Facebook friends to the data breach.

The Court matter in Australia has been ongoing since 2020 through the Federal Courts, as the Australian Information Commissioner took on Meta, the new owner of Facebook. Two prior decisions were made in favour of the Australian Information Commissioner however Meta are appealing that decision in the High Court and challenging the very foundation of the case against them.

The Australian legal system allows for prosecution overseas if there is able to be established a link to Australia. The Commissioner must therefore establish to the High Court that the company, despite being overseas, was carrying out business in Australia.

Facebook is fighting on the basis that they did not have a commercial presence in Australia, as they did not have any personnel, revenues or business premises in Australia.

The Commissioner is still standing by their case that there was a clear breach of Australian privacy laws from the information which was shared with the third-party application. The breach is said to have occurred from 12 March 2014 to 1 May 2015, meaning that for over one year the privacy of the affected Australian users was being breached.

If the decision is made that Facebook is liable for a penalty of $2.2 million dollars in the Australia case. This would come after court actions were brought in the US and UK, where there have been substantial fines of billions of dollars.

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.

Queensland Parliament is currently reviewing their laws in relation to minor illicit drug offending after taking into consideration evidence and advice from experts. There is ever expanding pressure on the criminal justice system to deal with the number of matters brought before the courts and a significant number of those matters are for minor drug offending.

The proposed measures if introduced will mean that some of that burden on the court system is eased. It is expected in it’s first year the proposed changes could reduce the number of charges proceeding through the courts by around 17,000. The criminal justice system will be able to more focused on the more serious drug offences such as producing, supplying, and trafficking dangerous drugs.

Research indicates that in the last twelve months one-in-six Australian have used illicit substances.

The changes are being urged by the Queensland Police Service who are also of the view that the proposed measures are more likely to be more effective than the current system. The measures would be an expansion of the state’s Police Drug Diversion Program.

The proposed changes would look to implement a three strike system before the individual would be put before a court for possession of drugs in a smaller quantity, for personal use only. The first strike would see a warning issued to the individual. The second and third strikes would see an offer to complete a drug diversion program made to the individual. After the third strike or if the program is refused than the individual would be required to attend court for the matter.

The proposal has strict guidelines for how you can be eligible for the three-strike program, which would include the amount found in your possession, an admission to using the substance, you must not have other outstanding criminal charges, or have been dealt with for serious drug offending in the past.

As the legislation is still in draft form there are still changes which are likely to occur. The initial proposal focused on those found in possession of cannabis of under 50 grams, however the government is in discussions on including all drugs, including heroin, meth and cocaine.

The draft laws are due to come back before the Parliament for debate in the coming months. It is currently before a parliamentary committee for scrutiny and community consultation before it returns to Parliament and a vote is taken on the Bill.

Drug Diversion Programs are found to have high rates of success and the Police believe that if more minor drug offenders were sent to these programs for their first offences they would not come before the courts for similar offending in future.

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. 

While patrolling the roads of Innisfail, police noticed a driver of vehicle had his furry little friend sitting unrestrained on his lap.

After the police pulled the driver over, they issued an infringement notice under s 297(1A) of the Transport Operations (Road Use Management—Road Rules) Regulation 2009.

The man was fined a whopping $718 for driving his vehicle while his beloved dog sat on his lap.

To avoid receiving a fine, it is recommended that pets be restrained in the car, despite it not being a legal requirement to do so.  This will help avoid any sudden movements by the animal that could cause the driver to momentarily lose control of the car.

If a cage is not an option, special harnesses that clip onto the existing seat belt in the car are now readily available to help ensure both pets and owners remain safe while in the car.

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.