Parents of Ethan Crumbley, the teen arrested for the murder of four schoolmates and the wounding of seven other people, have been charged with manslaughter.
This is the first time that parents of school shootings have been held accountable for the actions of their children.
It has been reported that Ethan’s parents, purchased a semiautomatic 9-millimeter Sig Sauer as an early Christmas gift. Ethan posted a picture of the gun on his social media page calling it “my new beauty”.
The family spent Thanksgiving testing out Ethan’s “new beauty”, which would then be left stored in an unlocked draw in his parent’s bedroom for his ready access.
When a teacher at school reported seeing Ethan searching online to purchase ammunition, and advised his parents of the same, Ethan’s mother text her son “LOL I’m not mad at you, you have to learn not to get caught”.
When a teacher at school sighted disturbing pictures drawn my Ethan depicting shooting other students, again, his parents were not alarmed and insisted he remain at school.
That same day, Ethan murdered four schoolmates and wounded seven other people. Ethan’s parents fled town before being arrested on manslaughter charges.
The Crumbleys are the first parents to be deemed culpable to a deadly school shooting. The Prosecution will build their case around the allegation that they allowed their son access to a handgun while ignoring glaring warnings that he was on the brink of violence.
The matter is in the very early stages of Court proceedings. If the Jury or a Judge find the Crumbley’s guilty of manslaughter, this case could become a very powerful precedent for the accountability of parents in their children’s criminal behaviour.
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 Animal Cruelty?
In Queensland it is a criminal offence to commit an act of animal cruelty under the Animal Care and Protection Act 2001. The act firstly imposes a legal duty of care on people who are in care of animals. Complaints about breaches can be investigated by Queensland Police, the RSPCA or Biosecurity Queensland.
All owners and carers of animals in Queensland have a duty of care to the animals they are caring for. If the duty of care is not upheld or an individual is cruel to an animal they can be criminally charged and convicted.
Being cruel to an animal includes:
- beating, abusing, terrifying or tormenting an animal;
- confining or transporting an animal without appropriate preparation such as food and water;
- killing an animal inhumanely;
- injuring or wounding an animal.
It is illegal to put animals through unjustifiable, unnecessary or unreasonable pain.
The Law:-
Section 17 of the Animal Care and Protection Act (Qld) states;
A person must not be cruel to an animal.
Penalty—
Maximum penalty—2000 penalty units or 3 years imprisonment.
Note—
This provision is an executive liability provision—see section 209 .
(2) Without limiting subsection (1) , a person is taken to be cruel to an animal if the person does any of the following to the animal—
(a) causes it pain that, in the circumstances, is unjustifiable, unnecessary or unreasonable;
(b) beats it so as to cause the animal pain;
(c) abuses, terrifies, torments or worries it;
(d) overdrives, overrides or overworks it;
(e) uses on the animal an electrical device prescribed under a regulation;
(f) confines or transports it—
(i) without appropriate preparation, including, for example, appropriate food, rest, shelter or water; or
(ii) when it is unfit for the confinement or transport; or
(iii) in a way that is inappropriate for the animal’s welfare; or
Examples for subparagraph (iii)—
• placing the animal, during the confinement or transport, with too few or too many other animals or with a species of animal with which it is incompatible
• not providing the animal with appropriate spells
• confining the animal in or on a vehicle in a way that causes heat stress or other pain for the animal
(iv) in an unsuitable container or vehicle;
(g) kills it in a way that—
(i) is inhumane; or
(ii) causes it not to die quickly; or
(iii) causes it to die in unreasonable pain;
(h) unjustifiably, unnecessarily or unreasonably—
(i) injures or wounds it; or
(ii) overcrowds or overloads it.
Section 18 of the Animal Care and Protection Act (Qld) states;
(1) A person must not be cruel to an animal.
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 Animal Cruelty the Prosecution must prove;
1. Defendant – The Prosecutor has to prove the identification of the offender;
2. Was Cruel;
3. To an Animal.
Maximum Penalty for Breach of Duty of Care and Animal Cruelty:-
Animal cruelty holds a maximum penalty of 3 years imprisonment or 2000 penalty units.
Convictions:-
In Queensland, if a person is convicted of Animal Cruelty, 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 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;
- Duress;
- Compulsion;
- Insanity;
- Automatism
Which Court will your matter be heard in?
The charge Animal Cruelty will be heard in the Magistrates Court in Queensland. The charge will be heard and determined by a Magistrate alone whether you plead guilty or not guilty. There is no jury in the Magistrates Court.
What should I do if the police want to speak to me about an Animal Cruelty allegation or if I am charged with Animal Cruelty?
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.
Call an Expert
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 if you have any questions. We can assist you no matter where you are located and can appear in every court.
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 Affray?
Generally speaking, the act of “Affray” relates to fighting or violent acts that occur in public or private places causing alarm to others in the public community and disturbing the peace. The act of Affray can be satisfied if the conduct of the defendant was such as to make a reasonable person fear for their safety. Affray can include acts such as, but not limited to, making loud threats, rioting, yelling loudly and fighting loudly and getting into group fights in front of others.
The Law:-
Section 72 of the Criminal Code (Qld) 1899 states;
(1) Any person who takes part in a fight in a public place, or takes part in a fight of such a nature as to alarm the public in any other place to which the public have access, commits a misdemeanour.
Penalty—
Maximum penalty—1 year’s imprisonment.
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 Affray the Prosecution must prove;
- Defendant – The Prosecutor has to prove the identification of the offender;
- Used or threatened to use violence;
- That the violence used or threatened was likely to cause alarm to the public.
Penalty for Common Assault:-
The maximum penalty that a person can receive for the offence of Affray is 1 year.
Convictions:-
In Queensland, if a person is convicted of an Affray offence, 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 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;
- Duress;
- Compulsion;
- Insanity;
- Automatism
Which Court will your matter be heard in?
The charge of Affray will be heard in the Magistrates Court in Queensland. The charge will be heard and determined by a Magistrate alone whether you plead guilty or not guilty. There is no jury in the Magistrates Court.
What should I do if the police want to speak to me about an Affray allegation or if I am charged with an Affray offence?
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.
Call an Expert
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 if you have any questions. We can assist you no matter where you are located and can appear in every court.
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 Abuse of Office?
‘Abuse of Office’ is essentially an abuse of your power when you hold a position of influence in the public service. It is often a form of official misconduct where, when done in an official capacity, can affect the performance of official duties. An example could include an employee of Centrelink accepting gifts in order to fast track someone’s application.
The Law:-
Section 92 of the Criminal Code (Qld) 1899 states;
(1) Any person who, being employed in the public service, does or directs to be done, in abuse of the authority of the person’s office, any arbitrary act prejudicial to the rights of another is guilty of a misdemeanour, and is liable to imprisonment for 2 years.
(2) If the act is done or directed to be done for purposes of gain, the person is liable to imprisonment for 3 years.
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 Abuse of Office the Prosecution must prove;
1. Defendant – The Prosecutor has to prove the identification of the offender;
2. The defendant was/is employed in the public service;
3. The defendant did an act or gives a direction to be done;
4. That act or direction was an abuse of the authority the Defendant had.
Maximum Penalty for Abuse of Office:-
The maximum penalty for this offence is three years imprisonment.
Convictions:-
In Queensland, if a person is convicted of Riot, 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 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;
- Duress;
- Compulsion;
- Insanity;
- Automatism
Which Court will your matter be heard in?
The charge of Abuse of Office will ordinarily be heard in the Magistrates Court in Queensland. The charge will be heard and determined by a Magistrate alone whether you plead guilty or not guilty. There is no jury in the Magistrates Court.
What should I do if the police want to speak to me about an Abuse of Office allegation or if I am charged with Abuse of Office?
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.
Call an Expert
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 if you have any questions. We can assist you no matter where you are located and can appear in every court.
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 Abduction of a Child Under 16?
In Queensland, the charge of Abduction of a Child Under 16 is an offence that involves the unauthorised removal of a child under 16 years old from the custody or protection of their natural father or mother or lawful carer against the will of the parent or lawful carer. Child abduction is an offence that can be committed by other family members or complete strangers to the child. An example of this charge would include a situation where a child’s aunty removes them from the care of their parents and attempts to take them overseas without permission. It is not a relevant factor in that situation whether the child agreed or consented to go with their aunty as there was no permission granted by the parents.
The Law:-
Section 363A of the Criminal Code (Qld) 1899 states;
(1) Any person who unlawfully takes an unmarried child under the age of 16 years out of the custody or protection of the child’s father or mother, or other person having the lawful care or charge of the child, and against the will of the father, mother or other person, is guilty of a crime, and is liable to imprisonment for 7 years.
(2) It is immaterial that the offender believed the child to be of or above the age of 16 years.
(3) It is immaterial that the child was taken with the consent of or at the suggestion of the child.
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 Abduction of a Child Under 16 the Prosecution must prove;
1. Defendant – The Prosecutor has to prove the identification of the offender;
2. Took an unmarried child who is under 16;
3. Out of custody of their parents or lawful guardian;
4. Against the will of their parents of lawful guardian.
Maximum Penalty for Abduction of a Child Under 16:-
The maximum penalty for this offence is seven years imprisonment.
Convictions:-
In Queensland, if a person is convicted of Abduction of a Child Under 16, 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 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;
- Duress;
- Compulsion;
- Insanity;
- Automatism
Which Court will your matter be heard in?
The charge of Assault Occasioning Bodily Harm will ordinarily be heard in the Magistrates Court in Queensland. The charge will be heard and determined by a Magistrate alone whether you plead guilty or not guilty. There is no jury in the Magistrates Court. The Defendant may however elect to have the matter heard in the District Court. In that event a committal hearing will have to be conducted and then the matter will proceed to the District 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 an Abduction of a Child Under 16 allegation or if I am charged with Abduction of a Child Under 16?
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.
Call an Expert
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 if you have any questions. We can assist you no matter where you are located and can appear in every court.
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 Wounding?
In Queensland, the charge of Wounding is often preferred by Police and Law Enforcement in circumstances where someone has been cut or stabbed by a defendant. A ‘wound’ can include any breakage or cut to skin that is more than a standard assault. For a wounding to occur, the true skin must be broken and penetrated, not merely the cuticle or outer skin.
That is to say, that a wound is not just a scratch to the outer skin, the skin must be broken and there must be bleeding. An example of wounding would be cutting someone with a knife. The wounding must be unlawful. An act us unlawful unless it is authorised, justified or excused by law. It is a circumstance of aggravation if the wounding occurred in a public place whilst the defendant was adversely affected by drugs or alcohol. Provocation is not a defence to wounding.
The Law:-
Section 323 of the Criminal Code (Qld) 1899 states;
(1) A person who unlawfully wounds anyone else commits a misdemeanour.
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 Wounding the Prosecution must prove;
1. Defendant – The Prosecutor has to prove the identification of the offender;
2. Wounded;
3. The Complainant;
3. That the wounding was Unlawful.
Maximum Penalty for Wounding:-
The maximum penalty for this offence is seven years imprisonment.
Convictions:-
In Queensland, if a person is convicted of Wounding, 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 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;
- Duress;
- Compulsion;
- Insanity;
- Automatism
Which Court will your matter be heard in?
The charge of Wounding will commence in the Magistrates Court but it is too serious to be finally dealt with by a Magistrate. A full brief of evidence will have to be obtained and a committal hearing will have to be conducted. The matter will then proceed to the District 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 Wounding allegation or if I am charged with Wounding?
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.
Call an Expert
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 if you have any questions. We can assist you no matter where you are located and can appear in every court.
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