Articles Archives - Page 22 of 26 - Brooke Winter Solicitors

On Tuesday in the Supreme Court in Burnie a 28-year-old past female cleaner from a Tasmanian school’s sentence began after she was charged with sexually abusing a 13-year-old male student. Their relationship is estimated to have lasted for over four months between approximately June and September in 2021. The relationship only ended after the boy’s father discovered the relationship and the matter was reported to the police.

The boy’s father has checked his son’s mobile phone and discovered pictures of the pair together and also notes of dates such as their first kiss, first time they held hands, and first time they said I love you to each other.

The woman is said to have become friends with the boy’s mother in early 2021 and was considered to be an aunt figure in his life. His family were deeply disturbed when they uncovered the relationship given the nature of her involvement in his life.

The victims mother confronted the 28-year-old after the abuse was discovered and the woman is then alleged to have created a fake Snapchat account so the two could continue talking despite their relationship being uncovered.

The Crown case has included evidence that one of the boy’s 13-year-old friends on one occasion has witnessed the pair performing oral sex in a parked vehicle. The pair are alleged to have had sexual intercourse on at least seven occasions, multiple of these occasions are said to have occurred without as condom. However, it is not alleged that the sexual intercourse occurred without the consent of the 13-year-old. Consent is not the issue the court is concerned with in this case, the main concern is the woman taking advantage of the victims youthfulness and vulnerability and maintaining the relationship over the four month period.

The 13-year-old began self-harming after the abuse was uncovered by his parents and is not getting support for his mental health.

The woman’s legal representative has said that his client is deeply remorseful for her actions and says she believed she was in love with the boy at the time of their relationship. The court has heard that she was lonely and depressed and accepts that she has ruined her own life through her actions.

Mr Pat Sullivan is representing the woman and has told the court that the boy initiated the sexual encounters between the pair on most of the occasions.

The woman has plead guilty to persistent sexual abuse of a child or young person and is facing a maximum penalty of 15 years in prison for the offence. The sentencing began on Tuesday and has been adjourned to 18 May 2022 for further submissions to be made.

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.

Madeleine McCann disappeared in 2007 shortly before her fourth birthday. The young child went missing from the Portuguese holiday resort where her family had been vacationing. Her parents had put young Madeleine and her two siblings to bed, shortly before going out to dinner nearby. It was during this time in which she is believed to have been abducted from their apartment. The case has since been subject to a great deal of international media attention.

On Thursday, Christian Brueckner was named a formal suspect in the case. This is the first occasion in which a formal suspect has been named in the case since 2007, when Madeleine’s parents were under investigation.

Brueckner, a German citizen, is currently serving imprisonment in relation to raping an elderly woman in Portugal, and is a convicted paedophile

A statement was released by the Faro Department of Criminal Investigation and Prosecution (DIAP) which said, ‘As part of the investigation into the circumstances surrounding the disappearance of Madeleine McCann in 2007, a person was made an arguido on Wednesday.’ An arguido being a formal suspect.

Prosecutors have noted that British and German officials have been cooperative in the ongoing investigation.

Madeleine’s parents have previously stated, ‘As we have said repeatedly, we need to know what has happened to our lovely daughter, no matter what. We are very grateful to the police for their continued efforts.’

Photo Credit: Sky New

The Easter long weekend has been and gone and Queensland saw high numbers of tourists grace its borders for their holidays.

With the celebrations came the typical increase in Police officers out in force to monitor those celebrating to ensure things stayed in control.

Random breath testing stops were put in place in numerous locations across the Gold Coast from 5:00pm Thursday to 5:00pm Monday. Police have stated that over 1,600 random breath tests were conducted. Forty drivers blew readings over the legal limit and were charged with drink driving offences.

Of those forty, five of those drivers blew in the high alcohol range. The highest reading recorded was 0.289 which is almost six times over the legal limit. The 40-year-old driver was stopped by Police in Robina on Saturday night before blowing the high reading.

Drink driving wasn’t the only offending occurring over the long weekend though, several police officers were also assaulted. The assaults occurred during three separate incidents however, Police are now looking to review their policing operations following the incidents.

One officer is alleged to have been punched in the head whilst trying to break up a fight in Orchid Avenue, Surfers Paradise on Saturday night. The officer is said to have lost consciousness following the punch however he has not suffered any significant injuries. Another officer was assaulted in the same incident.

The alleged perpetrator has been charged with serious assault of a police officer and obstruct police.

A second officer is said to have also been knocked unconscious during the same incident, however a review of the CCTV footage has shown that the assault was an accident. There were no charges laid due to the assault being unintentional.

An incident occurred on Sunday night were another officer was punched by a Victorian man in Surfers Paradise whilst being checked for concealed weapons. The officer was required to be admitted to hospital as a result of the assault.

The final incident occurred on Sunday night after an officer stopped a drink driver in Jacobs Well. The officer was scratched whilst the driver was in custody after blowing a high reading. She has also been charged with assault police, drink driving and obstructing police following the incident.

A number of new changes to the penalties faced by motorists have been announced on Monday 11 April 2022 by the Queensland Government. The changes have come after statistics were released from the offences caught by the new covert cameras in Queensland.

In the past four months almost 50,000 fines were handed out to motorists in Queensland who were caught either using their mobile phone or not wearing a seatbelt. The top three locations being fined were Brisbane, the Gold Coast and Cairns. Brisbane drivers were found to be the worst offenders in the State.

Queensland has recorded 81 fatalities on the road this year so far and the rise in the penalties is hoped to further deter traffic offenders.

The new penalties will be implemented from 1 July 2022 and a number of offences are seeing increased penalties for drivers caught breaking the rules. The Minister for Transport Mark Bailey has been concerned by the number of speeding offences, people caught on their mobile phone whilst driving and drivers or their passengers not wearing seatbelts.

Motorists are reminded that the covert cameras are there, and are moving to catch motorists doing the wrong thing.

Running a Red Light

Those caught running a red light will face an increased penalty from $413.00 to $575.00, they will also lose 3 demerit points.

Not wearing a Seatbelt

Those caught not wearing a seatbelt, will face an increased penalty from $413.00 to $1,078.00, they will also lose either 3 or 4 demerit points. Drivers will be charged if their front seat passenger is found to not be wearing a seatbelt.

Speeding 1-10km/h over the Speed Limit

Those caught travelling between 1 to 10 kilometres over the speed limit will face an increased penalty from $183.00 to $287.00, they will also lose 1 demerit point.

Speeding 11-20km/h over the Speed Limit

Those caught travelling between 11 to 20 kilometres over the speed limit will face an increased penalty from $275.00 to $431.00, they will also lose 3 demerit points.

Speeding 21-30km/h over the Speed Limit

Those caught travelling between 21 to 30 kilometres over the speed limit will face an increased penalty from $459.00 to $646.00, they will also lose 4 demerit points.

Speeding Over 40km/h over the Speed Limit

Those caught travelling 40 kilometres over the speed limit will face an increased penalty from $1,286.00 to $1,653.00, they will also lose 8 demerit points and face an immediate suspension of their licence for 6 months.

Russia has been suspended from the UN Human Rights Council by the United Nations General Assembly. The suspension bars Russia from speaking and voting, although Russian diplomats can still attend debates.

There are 193 voting members of the General Assembly. There were 93 votes in favour of the suspension, 24 countries voted no and 58 countries abstained. The Council initially opened an investigation into allegations of rights violations, inclusive possible war crimes, in Ukraine since Russia’s attack.

The United States announced it would seek Russia’s suspension subsequent to Ukraine accusing Russian troops of the slaughter of hundreds of civilians in Bucha. Russia warned countries that a yes vote or abstention would be viewed as an “unfriendly gesture” with consequences for bilateral ties. Furthermore, Russia’s UN Ambassador Gennady Kuzmin said “We reject the untruthful allegations against us based on staged events and widely circulated fakes”.

Ukraine’s UN Ambassador made a speech prior the vote and said that a vote of yes to suspend would “save the Human Rights Council and many lives around the world and in Ukraine”, however a no vote was “pulling a trigger, and means a red dot on the screen — red as the blood of the innocent lives lost”.

The United States have indicated they will be providing new weapon systems to Ukraine. Furthermore, NATO foreign ministers have agreed to accelerate arms deliveries in response to Russia’s invasion.

A year long alleged business dispute between two men in Hervey Bay has ended in murder.

A 62-year-old Urangan man was found with significant injuries to his head at an Urangan business complex at approximately 8:00am on Monday 4 April 2022. The victim has died at the scene from his injuries.

Police have arrested the business complex owner Mr Brett Williams and charged him with the murder.

Mr Williams was alleged to have been in a year long business dispute with the victim. He was arrested at the industrial estate where the victim was found. While the investigation is still ongoing and Mr Williams is co-operating with Police, the investigation will take some time to unfold the full picture of what happened.

The large industrial estate will undergo forensic examination which will take some time to occur and further add to the timeframe of the ongoing investigation.

Police are asking the public who may have passed the Hervey Bay industrial estate between 6:30am and 8:30am on Monday morning to come forward with any information or dashcam footage.

Police allege that Mr Williams left the scene of the crime in a White 2020 Prado.

Mr Williams appeared before the Hervey Bay Magistrates Court on Tuesday 5 April 2022 and was remanded in custody as the investigation is still ongoing. He is scheduled to next appear in the Hervey Bay Magistrates Court on 9 June 2022.

The coronial inquest into the deaths of Hannah Clarke and her three children has come to a close. Ms Clarke and her three children died inside of the family SUV on 19 February 2020. Their tragic deaths occurred as Rowan Baxter, Clarke’s former husband and father of their three children, covered the family car in petrol and set it alight.

Baxter also died at the scene as a result of self-inflicted knife wounds.

Baxter had been subject to a Domestic Violence Order as well as child custody orders.

The inquest tracked Baxters movement in the days prior. The inquest viewed CCTV footage displaying Baxter purchasing the materials he later used to murder his family. On 17 February 2020 Baxter can be scene at Bunnings purchasing a jerry can and zip ties, 36 hours prior to the events. The inquest was further made aware that the following day Baxter purchased fuel, as well as lollies and chocolate.

The inquest also heard audio recordings of a phone call between Baxter and a Mensline worker, a men’s support service, where Baxter can be heard blaming his estranged wife for their problems, a mere hours before the horrific event.

As part of the coronial inquest, professionals including Police and psychologists were interviewed in relation to their interactions with Baxter prior to 19 February 2022.

Ms Clarke’s mother expressed, ‘Holidays like Christmas and Mother’s Day are almost unbearable. The whole in our family is gaping and will never be filled.’

Domestic Violence expert Heather Douglas stated, ‘If the police officers were really aware of risk factors and had explained clearly to Hannah about her safety issues and encouraged her to make charges and to support charges we might have had a different outcome.’

Professor Douglas further advocated for different approaches to be taken in relation to domestic violence.

Photo Credit: ABC News

On Friday 25 March 2022, 21-year-old Mackenzie Anderson was found with multiple stab wounds outside her apartment. The young mother was found on the landing outside her unit after police received reports that her ex-partner Tyrone Thompson had broken into her home whilst armed.

Ms Anderson was unable to be saved when Emergency Services arrived at the scene.

Ms Anderson’s three-year-old child was present at the scene when police arrived, and the child was covered in blood. Relatives of Ms Anderson are looking after the child who has been confirmed to have received no physical injuries from the incident.

Police have confirmed that Ms Anderson and Mr Thompson had a Domestic Violence Order in place at the time of her death.

Mr Thompson is 22-years-old and had only recently been released on parole at the time of the incident. He was arrested and was in hospital receiving treatment for an injury which occurred during the incident which led to the death of Ms Anderson.

Mr Thompson has been charged with murder, aggravated enter dwelling with intent and breaching an Apprehended Domestic Violence Order.

He faced the Newcastle Local Court on Monday 28 March 2022 where he entered no plea. He made no application for bail to the court and the court refused to grant him bail.

The matter was adjourned until May 2022 and Mr Thompson will remain in custody for this time.

Six people, including three real estate agents, are alleged to have used several rental properties in order to cultivate cannabis. They are further accused of having used the names of various unsuspecting renters to claim Covid rental relief payments.

All six accused were arrested on Wednesday. The charges laid vary for each defendant but include participating in a criminal group and cultivating a prohibited plant.

In 2021, between July and August police discovered a number of drug labs within homes located in the area of Fairfield, on the southwest side of Sydney. During the investigation police seized approximately $2 million worth of cannabis.

Since then, investigations have led to the discovery that several of the properties were linked to fraudulent applications under the Covid-19 Residential Tenancy Support Package Scheme.

Detective Inspector Luke Scott said, ‘We will be alleging these people used their position as trusted insiders in the real estate industry to defraud their own clientele and public money meant for those who need it most.’

He further stated, ‘The properties that were allegedly utilised by this syndicate to grow cannabis were subleased to members of the public who had no idea their name was on the lease agreement, as was the case when it came to the fraudulently obtained rental relief and bond payments.’

A pre-sentence report is an independent psychological evaluation that is used to assist the court in making informed sentencing decisions.

Pre-sentence assessments generally address the following areas:

Background of defendant, and any personal underlaying psychological issues that may have led to the offending;
Psychometric testing (a way to measure mental ability and behavioural style);

Investigation into the context/circumstances of the allegations/actions;
Assessment on potential to re-offend;
Consideration of suitability for treatment;
Practical recommendations for ongoing management, specialist support and treatment.

Ordinarily the court will rely heavily on such a report when making a decision regarding appropriate sentence.

The benefits of having a presentence report at sentencing include: