Ms Victoria Nelson was a proud Gunditjmara, Dja Dja Wurrung, Wiradjuri and Yorta Yorta woman. Veronica was only 37 years old when she died at the Dame Phyllis Frost Centre on 2 January 2020. Veronica had been in custody for three days. Bail had been denied on offences that were unlikely to find her sentenced to a period of imprisonment.

The Coroner found that current “bail laws are discriminatory and a complete, unmitigated disaster”. He found that Veronica received “cruel and degrading treatment” by prison staff at the Dame Phyllis Frost Centre and that her death was preventable. The Cononer concluded that the “failures of Correct Care and Corrections Victoria to define the role of the prison’s medical centre and establish proper procedures for information sharing between staff had contributed to her death”. He has referred Correct Care to the Office of the Director of Public Prosecutions for criminal prosecution.

But what is a Coronial Inquest?

A coronial inquest is a public hearing held to determine the medical cause of a death and the circumstances surrounding the death. Coronial Inquests in Queensland are governed by the Coroners Act 2003. They are conducted by magistrates in their role as coroners.

When is a Coronial Inquest held?

A coronial inquest must be held if someone dies in custody, even when the cause of death is apparently obvious and uncontroversial. A coronial inquest must also be held if the death is the result of a police operation or the death occurs in care and there are issues with the care the deceased person received.

Procedure for Coronial Inquests

If a coroner decides to hold an inquest, the matter will first proceed to a Pre-Inquest Conference. Anyone who has a direct interest in the outcome of the inquiry will likely be given leave to appear. Counsel will outline the issues that need to be considered. Parties may make submissions about any issues they think should be included.

Coronial Inquests commence some weeks or months after the Pre-Inquest Conference. The coroner is usually assisted by police prosecutor or a lawyer acting as ‘counsel assisting’. Parties may represent themselves or be represented by a lawyer, who will question the witnesses on their behalf.

At the conclusion of the inquest, the coroner delivers findings which establish who the deceased was, where and when they died and what the cause of death was. The coroner also makes recommendations on any actions that should be taken in order to prevent other deaths occurring in similar circumstances in the future.

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.

Last week in Queensland, there were at least five fatal motorcycle accidents reported. These numbers are starting this year’s road tolls off to another horrific start.

In 2022, Queensland surpassed both Victoria and New South Wales road tolls, with the highest road tolls since 2009. On Queensland Roads there were 299 fatal traffic incidents, a staggering number compared to previous years.

These 299 fatalities included 70 motorcyclists, 29 pedestrians and 12 people who died in floodwaters.

With five fatalities in one week, there are serious concerns that Queensland’s road toll will be even higher this year. The fatalities ranged across Queensland and included locations in Gladstone, Brisbane, Gympie, Mareeba and Lake Wivenhoe.

Last year a number of additional measures were introduced on Queensland roads including further mobile detection cameras, speed cameras in school zones and increased fines for traffic offences. These measures were designed to deter motorists from committing traffic offences and in turn prevent further increases in fatalities this year.

If you have been caught committing a traffic offence and are required to attend court, it is recommended that you complete a Traffic Education Program to assist you in getting the best possible result.

Programs such as the Road and Traffic Education (RATE) program can assist in providing further education to drivers of the possible consequences of their actions for not only themselves but other road users and pedestrians. The RATE program is able to be completed online and will take approximately five (5) hours to complete.

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.

Extradition proceedings in Australia – both outgoing and incoming are governed by the Extradition Act 1988.

Extradition is a process by which one country apprehends and sends a person to another country for the purposes of criminal prosecution or to serve a prison sentence.

Australia is a party to over two dozen bilateral treaties with foreign states on extradition.

Australia is also a party to numerous multilateral treaties that contain provisions with respect to extradition.

In terms of international cooperation, extradition treaties that Australia has inherited from the United Kingdom can also apply and Australia is a party to a number of non-treaty agreements on a bilateral and multilateral level.

In accordance with Australia’s dualist approach to international law, these international instruments have effect in the Australian legal system through their incorporation in regulations to the Extradition Act.

Within Australia however, extradition laws also apply between the States and Territories. One State or Territory can apply to another State or Territory to have an accused or defendant extradited to the first State or Territory for legal prosecutions or a custodial sentence.

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 Bigamy? 

It is a criminal offence in Queensland to commit the act of Bigamy.  Bigamy is when an individual who is presently married undergoes another form of ceremony or marriage with any other person. This includes marriage ceremonies in foreign countries.  In simple terms, bigamy is when one individual is married to more than one person at the same time.  

Bigamy is when an individual who is presently married undergoes another form of ceremony or marriage to any other person. Committing the act of bigamy is a criminal offence in Queensland.

Simply put, bigamy is when one individual is married to more than one person at a time.

How does marriage work in Australia?

Marriage in Australia is defined under the Marriage Act 1961 and provides that a person may marry if they are:  

• unmarried at the time of the marriage ceremony, 
• of marriageable age,
• not marrying a person in a prohibited relationship,
• able to freely consent to the marriage. 

An example of bigamy is when Party A is married to Party B, they have not yet formally divorced through a Divorce Order and Party A then marries Party C.  

If you have discovered that you have committed bigamy you are required to apply for a Decree of Nullity which is a declaration from the Court that there was no legal marriage despite a marriage ceremony taking place. A Decree of Nullity will therefore ensure the secondary marriage is void.  

Laws of Bigamy in Australia

Section 360 of the Criminal Code (Qld) 1899 states; 

(1) Any person who— 

(a) being married, goes through the form of marriage with any other person during the life of his or her wife or husband; or 

(b) goes through the form of marriage with any person whom he or she knows to be married; 

(2) It is a defence to a charge of either of the offences defined in this section to prove that at the time of committing the alleged offence the wife or husband of the person already married had been continually absent from him or her for the space of 7 years then last past, unless it is shown that the accused person knew that such wife or husband was living within that time.

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 Bigamy the Prosecution must prove the; 

1. Defendant – The Prosecutor has to prove the identification of the offender; 
2. Was in a Lawful Marriage – Between Party A and Party B 
3. and then undergoes an Unlawful Marriage – Between Party A or B to Party C without a formal Divorce Order or Nullity of first lawful marriage, regardless if foreign marriage.  

Maximum Penalty for Bigamy:

The maximum penalty for the offence of Bigamy is 7 years imprisonment in Australia.   

Convictions: 

In Queensland, if a person is convicted of Bigamy, 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 contact us or 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 (accidental bigamy); 
• Duress; 
• Compulsion; 
• Insanity; 
• Automatism 

Which Court will your matter be heard in? 

The charge of Bigamy will initially be heard in the Magistrates Court in Queensland.  The prosecution will need to obtain a full brief of evidence.  The charge is too serious and cannot be heard and determined by a Magistrate.  A committal hearing will have to be conducted and then the matter must proceed to the Supreme 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 a Bigamy allegation or if I am charged with Bigamy? 

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. 

Contact an expert criminal lawyer

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 or contact us online if you have any questions. We can assist you no matter where you are located and can appear in every court. 

In a period of twenty-four (24) hours an alleged group have conducted in a series of armed robberies in Brisbane that targeted four different fast food outlets. The armed robberies have occurred with the perpetrators alleged to have been armed with a gun and several knives during the robberies.

The first robbery has allegedly occurred on Sunday 15 January 2023 at approximately 9:30pm at a Hungry Jack’s on Commercial Drive in Springfield.

On the Monday 16 January 2023 between 9:15pm and 9:40pm a further three robberies are alleged to have been committed by the same group. A McDonald’s and two further Hungry Jack’s were also victims of armed robberies with the locations being confirmed as being Rocklea, Salisbury and Algester.

Staff at the venues were threatened before the alleged group have taken off with cash they obtained during the robberies. There were no injuries reported from the robberies.

Police have launched a major investigation into the robberies in an attempt to track down the group and they have been able to obtain CCTV footage from at least one of the venues.

A 2003 white Ford Falcon Ute has been alleged to be the vehicle used as the getaway vehicle by the group, and was found abandoned in Heathwood at 11:15pm on Monday evening near the Johnson Road and Staplyton Road intersection.

Police have reported that they suspect the group consists of two woman and one male.

Additional Police Officers have been deployed around Brisbane to monitor fast food outlets in an attempt to deter any further armed robberies occurring.

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. 

The Australian Federal Government announced reforms that will allow Australian Federal Courts to consider threats of domestic and family violence in international child abduction cases before return orders are made.

Currently under International Law, domestic and family violence was not an aspect Australian Federal Courts needed to take into consideration when assessing applications for the return of a child. This effectively allowed abusive ex-partners to weaponise the convention against the other parent who has crossed international borders with their children. When a return application was considered by the court, it often resulted in the child being ordered to return to the parent who filed the return application.

Domestic and family violence is now a relevant consideration Australian Federal Courts can consider when dealing with international child abduction. Additionally, the court does not need to be satisfied that violence has occurred or will occur before it is taken into consideration.

In a recent case that prompted the Federal Government to address the issue of domestic and family violence in international child abduction cases, a First Nations woman lost her case after a return order was granted. In her case, she was in an abusive relationship with a man and became pregnant. Using coercive control, he manipulated her to visit him in Europe and then lodged an application for a return order after she and her daughter fled back to Australia at the first possible opportunity.

Unlike Australian Family Law principles where the best interest of the child is paramount, The Hague convention, which is over 40 years old, was originally designed to address the issue of noncustodial fathers removing children. It wasn’t designed to consider the impact domestic and family violence has on a child and the welfare of the parent who has fled the situation.

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.

Some criminal charges under the Criminal Code of Queensland cannot be dealt with in the magistrates’ court, despite starting in the magistrates court.  When charges cannot be dealt with by a magistrate, they need to go through the committal process.  That is, the charges need to be committed up to a higher court.

There are three ways by which the committal process can be done.  The first type of committal process is called a hand up with cross examination.  What this means, there might be aspects of the case that need further clarification.  For instance, a witness is cross examined by defence on something contained in their statement to police.  So, there is a combination of handing up the paperwork and exhibits and cross examining one or multiple people involved in the case.  This type of committal is done in the courtroom.

The second type of committal is called a full hand-up committal.  That means, there is no cross examination of any witnesses, but all the paperwork and exhibits are handed up to the magistrate.  This type of committal is also done in the courtroom.

The third type of committal is called a registry committal.  That means, the charges are dealt with ‘on the papers’ in the registry.  There is no court appearance, but everything is submitted to the court electronically.

The committal process is a necessary step in committing charges to a higher court.  The magistrate needs to be satisfied there is, on the face of it, a case to answer.  It does not, however, imply the defendant is guilty of the charges.

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.

When someone is charged with criminal offences, there is usually more than one court date.  If the matter is adjourned, the defendant is usually required to sign a bail undertaking.

The bail undertaking contains certain information such as their name and address, what they have been charged with, what court file the charges relate to, the next court date, and any conditions they are required to abide by.

A bail undertaking is a written promise, signed by the defendant, that they will return at the next court date and abide by the conditions of the bail.  If the defendant fails to appear at the next mention, the magistrate or judge has the power to issue a warrant of apprehension under the Bail Act.  That means, the police can lawfully arrest the defendant for the purpose of bringing them back before court.

There are a few different types of bail undertaking, but the most common one is imposed by a magistrate.  However, the police can also place someone on bail if they have charged the person and released them, rather than detaining them in the watchhouse.

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 Police banning notice is a notice that is provided to an individual by Police that stops them from remaining at or entering the following locations:

• A safe night precinct;
• A licenced premises;
• An event where alcohol is being sold; or
• An area that is within a reasonable distance of any of the above three locations.

Police are required to explain the notice to you at the time that they issue it to you. Upon completing the explanation the notice will take immediate effect.

Part 5A of the Police Powers and Responsibilities Act 2000 gives Police the power to issue Police banning notices to individuals who are 17 years of age or older.

Police are able to issue you a banning notice if you are behaving in a disorderly, offensive or violent manner in the vicinity of one of the above locations.

There are two different types of Police Banning Notices that you can be issued. Police will first issue you an initial banning notice which may last for up to ten (10) days. The other type is an extended police banning notice.

If your banning notice is extended than you can be banned from the location for a period of up to three (3) months from the initial date of your first banning notice.

The consequences of disobeying the notice are that you will face a criminal charge of Contravention of a Police Banning Notice, unless you have a reasonable excuse for failing to comply with the notice.

The maximum penalty for this offence is 60 penalty units, meaning that it is a fineable only offence.

You can apply to the Commissioner of Police to seek your banning notice be cancelled or amended.

For information on seeking to amend or cancel your banning notice you can visit:

https://forms.police.qld.gov.au/reports/Policebanning

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.

If you have been charged with the offence of drink driving or drug driving you will be facing a disqualification of your licence.

Section 87 of the Transport Operations (Road Use Management) Act 1995 allows for an individual to make an Application to the Court for a restricted licence to allow them to drive for work purposes while they are disqualified. The process requires a completed Application and detailed supporting documents to be prepared for the Court hearing of the matter and it is important to seek advice from a Traffic Lawyer as you cannot appeal the decision if the licence is not granted.

To be eligible for a work licence there are strict criteria which include but are not limited to:

• Be a currently holder of an open QLD driver licence at the time of the offence;
• Your blood alcohol concentration must have been below 0.15%,
• You must not have been driving in connection with your employment at the time of the offence,
• You must satisfy the court that you are a ‘fit and proper person’ to be the holder of a drivers licence,
• Without your licence you would lose your job which would result in extreme hardship to you or your family.

You will not be eligible to apply for a s87 work licence if in the five years before the offence you have been:

• convicted of drink driving or drug driving;
• convicted of dangerous driving;
• suspended, cancelled or disqualified from driving, except for a few exceptions.

If the Court grants you the licence they will outline the conditions of the licence which can include:

• The class of vehicle that can be driven,
• The purpose for which a vehicle may be driven,
• The days and times a vehicle may be driven,
• A requirement to keep a logbook,
• To wear a uniform, and
• If you can carry passengers.

The Application for a Work Licence must be made either immediately after pleading guilty to the offence or after being found guilty, and before the Magistrate determines your disqualification period.

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.