As the holiday season draws closer the celebrations occur more frequently Police are out in force conducting random breath tests on those behind the wheel on our roads. If you choose to drink and drive than you should be aware of the penalty you may face if you are caught.

For those on the following licences, you must have a blood alcohol concentration of zero (0), meaning you cannot have any alcohol and operate your vehicle:

• A learner licence;
• A provisional, probationary or restricted licence;
• A RE motorbike licence that has been held for less than 12 months or if you are learning to ride a R motorbike.

For most fully licenced drivers you cannot have a blood alcohol concentration of above 0.05%. This is the general alcohol limit.

The following table outlines the different charges for the different BAC levels, the maximum penalties that individuals can face and the range for the disqualifications the court can impose.

For those with a prior drink drive in the five (5) years prior to the date of their offence, the penalty and disqualification will increase. These individuals will also be unable to apply for a work licence.

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.

On 14 December 2022, accused murderer Steven Dean Walker-Ely appeared in the Mackay Magistrates Court. Mr Walker-Ely is accused of the murder of Birdsall Fa’apepele.

25-year-old Birdsall was stabbed to death at a Paget Caravan Park on 14 December 2021. He suffered stab wounds to the neck, face and abdomen from the attack which took his life.

Mr Walker-Ely is alleged to have telephoned 000 and informed Police that he had stabbed someone and waited until help arrived.

No pleas were entered by the accused in relation to the matter, however it was listed for a committal hearing on 10 May 2023. At the committal hearing there will be a number of witnesses testifying, three of the witnesses will be appearing by videolink while the all other will provide their evidence in person.

The committal hearing will allow an opportunity for Mr Walker-Ely to test the evidence against him by cross examining the Prosecution witnesses in the matter before it is committed to the higher court if the Magistrate believes that there is enough evidence for the matter to be sent to a higher court for Trial.  If the Magistrate does not believe there is enough evidence by Police to prove the charge than the Magistrate has the power to dismiss the case.

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.

James Mason plead not guilty to the murder of his girlfriend Alexis Parkes. He plead guilty to arson after deliberately setting Ms Parkes vehicle on fire. Ms Parkes died in February 2020 after suffering organ failure several days after being rescued from her burning house in Chermside.

The Court heard evidence of heated disagreements between the couple which led to Mr Mason setting Ms Parkes car on fire. The car was located under the house, and this was where it was located when it was set on fire. The blaze spread from the vehicle to the house where Ms Parkes was locked inside.

Mr Mason used fuel from the lawn mower and a tea candle to deliberately set the car on fire before walking away. There was evidence which showed that Mr Mason had removed his items from the residence before setting the car on fire.

Mr Mason made no attempts to save Ms Parkes, however when interviewed by Police he tried to change his story to say that he did attempt to save her.

This was proven to be inconsistent with the evidence which was provided by Ms Parkes neighbours who were present and made attempts to try to save her. Not one of them saw Mr Mason or his alleged efforts to save her like he claimed.

After a three day trial in the Brisbane Supreme Court, the jury returned a unanimous verdict of guilty in less than a day. Mr Mason was sentenced to life imprisonment following the verdict. He must serve at least twenty (20) years of his sentence in prison before he is eligible to apply for parole.

At the sentence Justice Jackson remarked that he accepted that Mr Mason had not intentionally kill Ms Parkes however he lit the fire to vehicle out of spite and would have been aware of the extreme risks of his actions and yet he proceeded with setting the fire.

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.

Neither tourists nor citizens can escape revisions to the Indonesian criminal code that will sex outside of marriage become a criminal charge. The penalty imposed for such offence will attract 1 year imprisonment; 6 months if parties are found cohabiting.

The “Bali bonk ban” sets to roll out over the next 3 years. Human Rights groups raise serious concerns about the draconian laws that will, amongst others, breach the right to privacy under International law.

Sung Kim, who is The US ambassador to Indonesia, warned that introducing such laws in the current economic climate, would have a flow on effect with international business interests. “Criminalising the personal decisions of individuals would loom large within the decision matrix of many companies determining whether to invest in Indonesia,” he said.

This will certainly impact the tourism industry of Indonesia, alongside LGBTQ+ communities in Indonesia, where gay marriage is not acknowledged.

Under the new code, promoting contraceptive measures will be illegal, and abortion will be allowable only if the pregnancy is life threatening to the woman, or pregnancy was a result of rape.

Australians are urged to exercise a high degree of caution when deciding to holiday in Indonesia with their loved one.

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.

On 1 January 2023 the legislation passed almost 15 months prior will come into effect in Queensland. Currently in Australia the services can be accessed in Western Australia, Victoria and Tasmania, where the legislation has already come into effect.

Prior to the introduction of the new legislation, it was illegal to assist even a terminally ill individual ending their life by their own choice. Those who did attempt to assist were able to be criminally charged under two possible sections of the Criminal Code.

Those who assist prior to the legislation coming into effect could face charges of manslaughter or aiding suicide. Both of these offences have maximum penalties of life imprisonment.

The Voluntary Assisted Dying Act 2021 (Qld) was passed in September 2021 by the Queensland Government. Whilst it has taken a significant period of time for the legislation to come into effect it has allowed Queensland Health to put in place the necessary clinical and administrative processes that will be required moving forward.

It had first been predicted when the legislation passed that the laws would not come into effect until January 2023 as significant processes would need to be created and introduced around the legislation once it was in effect.

The processes will ensure that individuals who make the choice are getting access to high quality, safe, accessible and compassionate services to assist in their choice.

Recent models completed by Queensland Health indicate that there may potentially be around four hundred (400) terminally ill adults who will make use of the new legislation within the first twelve (12) months of it coming into effect.

To be eligible for the voluntary assisted dying service individuals must:

• Be at least 18 years of age;
• Have the capacity to make decisions;
• Fulfil a residency requirement;
• Have an eligible condition. The condition must be advanced and progressive, be causing intolerable suffering and be expected to cause death within twelve (12) months;
• Be acting of their own volition – it must be a voluntary decision that has been made without any coercion on the individual.

An individual seeking to use the service once it is available will be assessed by two doctors who must complete their assessments independently and separately. There will be a requirement that three different requests must be made by the individual and there must be atleast nine (9) days in between the first request and last request.

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. 

Sixteen years after Christopher Jarvis disappeared from Wangoom, two men have officially been charged with murder and this week front the Warrnambool Magistrates Court in Victoria.

Mr Jarvis has not been seen since 6:00am on 13 June 2006. At 8:00am on 13 June 2006 his car was found on fire at Thunder Point in Warrnambool. Mr Jarvis had left for work on that morning however he never made it in to work that day.

Victorian Police recently received a tipoff which led to them reopening the sixteen year old cold case which had remain unsolved with no charges laid until now.

Fifty-nine (59) year old Glenn Fenwick is the first man to be charged with one count of murder and appeared in the Warrnambool Magistrates Court on 23 November 2022. Mr Fenwick’s legal representation advised the court that he was suffering from medical conditions and has an acquired brain injury. He has suffered heart attacks and his lawyer requested a full medical work up be completed before he was transported to Melbourne after being remanded in custody until the matter returns to court in April next year.

Seventy (70) year old Steven Johnson was the second man charged with one count of murder and is due to appear in the Warrnambool Magistrates Court on 24 November 2022. Mr Johnson is a former police officer from Wangoom. Police have confirmed that Mr Johnson did not serve as a member of the Victorian Police in the area of Warrnambool.

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. 

It is an offence not to wear your seatbelt properly in a vehicle.  The seatbelt must be fastened correctly (ie/ it must be over your shoulder and not worn under your arm).  The driver of a car can also be fined for allowing passengers in their car to be not correctly restrained.  It is also an offence for a driver to use a mobile phone whilst driving.  This can include having the phone in your hand or sitting on your lap.  Cameras (both fixed and mobile) are set up across the state.  The mobile cameras look like the one in the picture, fixed cameras are usually attached to overhead bridges or structures (like the one on the Northbound lanes of the M1 Motorway at Coomera on the Gold Coast).

If you receive an infringement notice you have some options available; Do nothing (in that event the fine will be referred to SPER), pay the infringement, or you can elect to have the matter heard in court.

The penalty for these offences in Queensland is $1,078.00 and 4 demerit points.

Our team at Brooke Winter Solicitors are traffic law specialists.  If you have been issued with an infringement notice or if you have any traffic or criminal related matter that you need legal advice and guidance, or representation in court then call our expert team on 1300 066 669.

On 4 November 2022, after more than one day of deliberations following a two-week trial in the Cairns Supreme Court a jury has found Kyam Broadby not guilty of murdering his colleague after a violent assault. The jury did return a verdict of guilty on the alternate charge of manslaughter.

At the time of the offence in July 2019 Mr Broadby was a show worker and had been working side by side the victim setting up rides at the Mareeba Rodeo. The victim Mr Nathaniel Wailu, who was a Torres Strait Islander, had been intoxicated at the time of the offence. There was an altercation where Mr Wailu was confronted by a group of people about his behaviour towards a woman. While initially aggressive Mr Wailu dropped the item he was holding and turned and ran away from the confrontation which is where the matter should have stopped.

Mr Broadby and another male went in search of the victim and upon locating where he was hiding they repeatedly struck him and kicked him.

The injuries sustained by the victim caused him to go into cardiac arrest, and at the time parademics were able to revive him. He had sustained serious head and facial injuries due to the assault and after five days in hospital the victims life support was turned off and he passed away.

Her Honour Justice Susan Brown sentenced Mr Broadby following the return of the verdict and sentenced Mr Broadby to nine years imprisonment and declared the offence to be a serious violent offence.

When sentencing Mr Broadby Her Honour took into consideration Mr Broadby’s background including losing his father at a young age, the murder of his sister and the death of his first child. All of these factors impacted the sentence that Mr Broadby was given by the court.

What does a Declaration of a Serious Violent Offence Mean?

Where the court makes a declaration of a serious violent offence at sentence the result is that the offender must serve eighty (80) per cent of their sentence before they are able to become eligible for parole.

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.

Justice Tamara Jago has ruled that the key evidence obtained by Tasmana police for drug trafficking matters was inadmissible therefore crippling the Crown case. Police opened a parcel sent to the address in the north-west city of Devonport containing methylamphetamine after suspicious packages were detected by Australia Post employees.

Tasmania Police were tipped off by Australia Post that there was a suspicious package that they believed was connected to illegal activity. Justice Jago called it a “reckless” breach of the law. Furthermore, Justice Jago went on to say “Even though a suspicion is less than a belief, a reasonable suspicion nevertheless requires some supporting material”.

Justice Jago noted that the police had other options, such as a drug detection dog however opened the package anyway. Subsequently, three further packages which contained methamphetamines were handed over to the police and then returned to Australia Post to be delivered.

Police executed a warrant at the address and charged three persons with trafficking a controlled substance. Justice Jago said “had the disclosures not been made to Tasmania Police by the Australia Post employees, the parcels would never have come into the possession of Tasmania Police and the discovery of methylamphetamine within the parcels would not have eventuated”.

Justice Jago not only criticised Tasmania Police, but also Australia Post employees for breaching laws that were designed to protect rights and privacy of citizens. The Crown case will most likely fail without the evidence from the packages.

Later, Police Minister Felix Ellis made comments that Tasmania Police were reviewing their processes and that “the community expects that Tasmania Police collect evidence in accordance with the rules”.

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.