The Vanuatuan man appeared before the Innisfail Magistrates Court this week charged with murder. The matter has been adjourned to a date later in the year in order for a brief of evidence to be collated and the matter to proceed via the committal process.
Murder is a charge that cannot be dealt with in the Magistrates Court. The charge must ultimately be determined in the Supreme Court of Queensland.
What is a brief of evidence?
In order for a charge to go through the committal process, a brief of evidence must first be provided to the accused person by the prosecutions. This brief of evidence contains all of the evidence against the accused, which the prosecutions say, is sufficient to continue with a charge. The brief of evidence can include all witness statements, footage, pictures, medical evidence, Body Worn Camera footage etc.
What is a committal hearing?
A Committal Hearing is a preliminary court appearance in the Magistrates Court. This is a key event as it will generally trigger the transfer of the charge from the Magistrates Court to the Supreme Court.
A Committal Hearing is not to determine guilt or innocence but rather to determine if there is sufficient evidence that a reasonable jury, properly instructed COULD (as opposed to should or would) convict an accused.
Options regarding a Committal hearing;
- Conduct a full hand-up without cross examining any witness(es); or
- Make an application to cross examine prosecution witness(es); or
- Conduct a registry committal.
Conduct a Full Hand Up without Cross Examining any Witness(es):
During this type of Committal no witnesses will give evidence. The Prosecutor will give all the evidence that they have against the accused to the Magistrate which may include but not limited to, written statements, videos, audio tapes and fingerprints.
At this Committal the accused may elect to plead guilty, not guilty or enter no plea at all. The Magistrate will then order that the matter be “committed” to the high court (whether it be the District Court or the Supreme Court) for either Trial or Sentence, depending on whether the accused will be pleading guilty or not guilty.
Make an Application to Cross Examine Prosecution Witness(es):
Should the accused instructions include, Cross examining the prosecution witness or witnesses, the matter will be listed for a Committal Hearing whereby all prosecution witness/es will appear in person to give evidence and can be cross examined.
This type of Committal can only take place if the Prosecutor consents or the Court gives permission. When the accuseds’ instructions are to proceed this way, they must be able to prove to the court that there is a valid reason/reasons why the witness/es need to come to court.
The Magistrate will then decide if there is enough evidence for the case to go to a Trial in the higher court. If the Magistrate does not think the police have been able to show enough evidence, the Magistrate can dismiss the case.
Conduct of a Registry Committal:
In order for this process to occur, an accused person must be legally represented and their lawyer must have all the evidence that police have against them in order to conduct a Registry Committal. On receipt of this material the Lawyer will submit directly to the Court Registry, documentation confirming that they have the police evidence against the accused.
The matter will be transferred to the higher court without having to attend court on this occasion. The Lawyer will receive notification that the matter has been received and committed to the higher court.
In all three (3) cases there will be no further court dates in relation to the committed charges until the accused receives notification from the Office of the Director of Public Prosecution advising that they will be conducting an Indictment Presentation in the higher court on a particular day, date and time.
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.
After a Perth bus driver’s momentary lapse of concentration which resulted in the death of a cyclist, the 55 year old Transperth bus driver, Simon Tugwell, received a sentence with no requirement of serving a term of imprisonment.
The incident took place at the busy intersection of Newcastle and Beaufort Streets on October 6 2020. Mr Tugwell needed to make a left hand turn which required him to take the corner wide to make the turn. A momentary lapse of concentration included a failure to check his side mirrors when performing the difficult turning manoeuvre on such a busy intersection.
Mr Tugwell’s failure to check his side mirrors resulted with the 54 year old Mr John Ferrington being hit by Mr Tugwell’s bus while cycling in the left lane, essentially cutting into Mr Ferrington’s path causing the fatal collision.
The State Prosecutor Ms Ashton Garrett submissions included that Mr Ferrington had done all things necessary to cycle safely on the road and that is vital in being visible to all traffic on the roads. Ms Garrett also acknowledged that the particular intersection of the accident scene is known for being dangerous after receiving previous complaints. However, Ms Garrett submitted that should mean that road users should be more aware of checking and driving defensibly to suit the conditions and therefore prevent accidents occurring.
Mr Tugwell’s lawyer, Ms Fiona Hugo, acknowledged that her client should have been aware of the dangerous conditions and although it was just a momentary lapse, accepted this was dangerous to the public and resulted with a devastating consequence in the death of Mr Ferrington. Ms Hugo also described Mr Tugwell as being passionate about his job of being able to serve the public.
However, Ms Hugo submitted that Mr Tugwell’s offence was within the lower end of the scale of seriousness. The offence did not include any aggravating factors of speeding, alcohol or drugs and was not an intentional act. Ms Hugo also submitted that Mr Tugwell was extremely remorseful and no matter what sentence is imposed, Mr Tugwell would be living with the devastating consequences of this momentary lapse in concentration in his own way for the rest of his life.
Her Honour Judge Gillan imposed a two year suspended sentence and disqualified Mr Tugwell from holding a drivers licence for three years. She considered Mr Tugwell’s early guilty plea and that he was not a dangerous risk to the community as he would not be able to drive for a substantial period of time. But she noted that this was not “a free kick” and if he were to reoffend the resentence of Mr Tugwell’s suspended sentence would result in him serving time in prison.
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.
Police are encouraging Gold Coast residents to register their CCTV cameras as a means to combat crime.
The initiative is currently active in 15 Queensland policing districts, however, has been expanded to include the Gold Coast, beginning with Yatala and Varsity Lakes.
The program, Community Camera Alliance (CCA) encourages Gold Coast residents and business owners to register their CCTV systems to help with criminal investigations. In the event the footage becomes relevant, police will reach out to the owner and request the footage.
Police Commissioner Katarina Carroll has stated, ‘Private CCTV footage has been an extremely valuable tool for investigators and has led to thousands of break-throughs in criminal cases across the Gold Coast.’
Its noted the program operates on a completely voluntary basis and participation can be discontinued at any time.
‘Community partnerships were the backbone of creating safe suburbs,’ said Gold Coast Mayor Tom Tate.
Varsity Lakes and Yatala residents who would like to join the initiative can register online at: https://forms.police.qld.gov.au/CCTVRegistration
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 the afternoon of Valentine’s Day 46-year-old Vanessa Godfrey was discovered on a luxury golf resort on the Sunshine Coast following a welfare check after they did not check out of their room. The mother of two from Gunnedah New South Wales was discovered by the staff of the Pelican Waters resort already deceased in the room.
Her partner, 50-year-old Jeffrey Godfrey has been charged with her murder following him being found unconscious in the room with her. The Queensland Ambulance Service was called to the resort after the discovery of the pair in the room.
Mr Godfrey was able to speak and was conscious when Ambulance Officers arrived at the scene.
The matter was before the Maroochydore Magistrates Court on Tuesday morning and Mr Godfrey was remanded in custody until his next court date in May.
Ms Godfrey is reported as being covered in blood with wounds in her arms when she was found.
Police have said they suspect a weapon was used however a forensic examination and autopsy to confirm cause of death, would provide more definitive answers to the tragic crime that has occurred.
The couple have had very limited dealings with the police during their relationship which means that the investigation will be vital to providing the answers as to what happened to Vanessa and how this tragic occurrence has happened.
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 35 year old Nigerian man had now been charged with one count of perjury, two counts of forgery, as well as the offence of providing false documents or false or misleading information relating to non-citizens (Migration Act 1958). The charge under the Migration Act is the first ever to be laid in Queensland.
The man, who previously lived in the United States, allegedly obtained fraudulent criminal history clearances from the United Stated. He is then purported to have used the falsified documents to maintain his residential status in Australia, having submitted the documents to Australian authorities and presented them in court.
The charges were laid after police began an investigation into hundreds of allegedly fraudulent speeding infringements notices and vehicle insurances claims. The investigation by the Road Policing Investigation Unit has been ongoing for the past 3 years and has involved collaboration with American law enforcements.
Investigating officer, Senior Constable Debbie McDougall has said, ‘“Our message is clear: It doesn’t matter how challenging, how many hurdles we have to overcome, if you commit crime on our roadways, we are determined to bring you to justice.’
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 murder trial of police officer Zachary Rolfe over the shooting death of Yuendumu teenager Kumanjayi Walker is currently before the Northern Territory Supreme Court in Darwin.
Constable Rolfe has plead not guilty to the murder of Kumanjayi Walker. He has also plead not guilty to the alternate charges of manslaughter and engaging in a violent act causing death.
What is an alternate charge?
Prosecution can charge a person with a main charge, followed by alternate charges. Alternate charges often have some, but not all the same elements as the main charge. However, they usually carry lower penalties.
Prosecution will aim for a conviction in respect of the main charge, however, the main charge can sometimes be difficult to prove beyond reasonable doubt.
For example, in the case of Constable Rolfe, an element of the main charge is “intention” rather than just “recklessness”. Prosecutions bring alternate charges on the same facts, as they can sometimes be easier to prove. It minimises the risk that an accused gets off “scott free”.
If the Jury was to find Constable Rolfe guilty of murder, the Prosecutor must be able to satisfy the following elements, beyond reasonable doubt:
Murder:
- Mr Rolfe engaged in conduct; and
- That conduct caused the death of Kumanjayi Walker; and
- Mr Rolfe intended to cause death or serious harm to Kumanjayi Walker
If convicted, Mr Rolfe faces a mandatory sentence of life imprisonment with a minimum non parole period of 20 years. There is no discretion for the court to sentence Mr Rolfe to anything less.
If the Jury were to find Mr Rolfe not guilty for murder, it remains open to them to find Mr Rolfe guilty of the alternate charges.
The elements of the alternate charges are as follows:
Manslaughter:
- Mr Rolfe engaged in conduct; and
- That conduct caused the death of Kumanjayi Walker; and
- Mr Rolfe was reckless or negligent as to causing the death of Kumanjayi Walker.
The maximum penalty is life imprisonment. The court does have discretion to sentence Mr Rolfe to less.
Engaging in a violent act causing death:
- Mr Rolfe engaged in conduct involving a violent act; and
- That conduct caused the death of Kumanjayi Walker.
The maximum penalty is 16 years imprisonment if Mr Rolfe is convicted.
The trial is expected to last for 3 weeks.
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.
We are only 8 days into February 2022 and the road toll in Queensland for the month has already reached twelve fatalities. This is the same number of fatalities that occurred in the first three weeks of January.
This brings the State’s road toll numbers up to 32 fatalities for the year, and we are not even through two months of the year yet.
The states fatalities have so far consisted of fifteen drivers, six passengers, eight motorcyclists and three pedestrians.
The latest fatality which brought the number up to 12 was the 53 year old who lost control of his motorbike on Friday at Coomera on the M1.
Police are urging motorists to obey traffic laws and prevent these numbers rising even higher. The number of speeding offences and drink driving offences are very high this year are contributing to the high death toll on our roads. In the first three weeks of the year alone Police have issued more than 5,200 speeding fines, detected 338 drivers under the influence of drugs and 572 drivers under the influence of alcohol. These numbers continue to rise into this month and are horrifying police.
The numbers are already six deaths higher than this time last year and Police do not want these numbers to continue to increase.
On Tuesday morning there was a crash on the Olsen Avenue off-ramp which resulted in a car rolling in flipping on its roof. The driver managed to get themselves out of the vehicle but it is unknown if they have suffered any injuries at this time.
Police are left pleading with motorists to do the right thing moving forward, noting that it is on motorists to do better and say the fatal risks people are taking this year need to stop.
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.
Australian businessman, Andrew Forrest, has launched criminal proceedings against Facebook, claiming the tech giant has breached Australian money laundering laws. The mining tycoon alleges Facebook has failed to prevent cryptocurrency advertisements and has not done enough to prevent related scams.
As early as 2019, Mr Forest began requesting Facebook remove his image from cryptocurrency schemes advertised on the social media platform. The proceedings come as a result of Facebook failing to comply with the billionaires requests.
Mr Forrest is allegedly concerned everyday Australians are being scammed through such advertisements.
Mr Forrest has stated. ‘I’m concerned about innocent Australians being scammed through clickbait advertising on social media’.
“I want social media companies to use much more of their vast resources and billions of dollars in annual revenue to protect vulnerable people — the people who are targeted and fall victim to these horrible scams with their hard-earned savings,” he said.
Australian law requires the consent of the attorney general to allow private prosecution of foreign corporations.
The lawyer of Mr Forrest, Steven Lewis, has claimed, ‘’The Attorney-General has given her consent to the private prosecution against Facebook in relation to alleged offences under subsection 400.7(2) of the Criminal Code.’
Facebook has not yet released a comment on the proceedings. However, a spokesperson for the company has said, ‘We don’t want ads seeking to scam people out of money or mislead people on Facebook – they violate our policies and are not good for our community.’
Citipointe Christian College’s controversial contract is a glimpse into “freedoms” that may be allowed under the proposed Religious Discrimination Bill. The contract demanded families denounce homosexuality and that students identify by birth gender, or risk being excluded from the school.
Current discrimination laws prohibit Citipointe Christian College’s “contract”, however, currently before Parliament, is a bill and associated legislation, which seeks to “ensure Australians are protected from discrimination on the basis of religious belief or activity – just as they are protected from discrimination on the basis of age, sex, race and disability.” If passed, the Religious Discrimination Bill is passed, it would override all existing state and territory legislation, and such a contract may be permitted.
Advocates on behalf of the LGBTQIA+ community have been protesting this bill and associated legislation for some time – as it would make it easier for faith based schools- like Citipointe Christian College – to follow the lead and be “overtly discriminating against LGBTQIA+ students”.
The Citipointe Christian College’s contract has been withdrawn “at this time” and Queensland’s Non-State Schools Accreditation Board is meeting with the College to determine if a breach of the requirement that students be treated equally is founded.
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 4 February 2022 the Queensland Government will introduce new road rules, some of which attract high penalties.
New Parking Fine
Motorists caught stopping in electric vehicle charging bays who are not charging their vehicle will now face parking fines. The new fine carries a maximum penalty of $2,757.00 or motorists may be issued a penalty infringement notice worth $55.00 for the offence.
New U-Turn Fine
Motorists will be banned from making a U-turn at children’s crossings, level crossings, marked foot crossings and pedestrian crossings, unless there is a “U-turn permitted” sign. If you are caught breaking these new rules you could be facing a maximum penalty of up to $2,757.00 or a $110.00 penalty infringement notice, as well as two demerit point penalties on your licence.
Interrupting a Funeral Procession
It will also be an offence to intentionally interrupt a funeral procession. The offence carries a maximum penalty of $2,757.00 or a $55.00 penalty infringement notice.
The offences being introduced will bring Queensland’s road rules back in line with Road Rules of other States and Territories in Australia.
The Electronic Vehicle charging bay fine has been introduced following Electronic Vehicle users being unable to charge their vehicles as non-electronic vehicles are parking in the charging bays.
For more information on the Road Rules in Queensland you can visit the Queensland Government Website:
https://www.qld.gov.au/transport/safety/rules/road
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.
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