Are you facing a traffic law matter?

Our team specialises in drink driving charges, Special Hardship Order Applications, Restricted Work Licence Applications, log book offences and more. WE WILL COME TO YOU. We regularly appear in Magistrate Courts all over Queensland, New South Wales and Tasmania for traffic law matters.  

If you have been charged with an offence relating to a motor vehicle, it is highly recommended that you immediately enrol and complete a Traffic Education Program.  By completing a program it will allow our team to submit to the court that you have addressed the issue of rehabilitation.  This will be taken into consideration by the court for the purposes of a reduction on the penalty that you will otherwise receive, and also the issue of the disqualification of your drivers licence. 

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 traffic law matters or any other topic of law, please call our team of experts on 1300 066 669.

htpps://www.rateprogram.com.au

Next week the Queensland Government will be introducing a voluntary assisted dying bill into the state parliament. This bill could see a historic change in the current legislation if it is passed in the vote in September of this year.

Currently in Queensland it is illegal to assist in euthanasia and those who do could face manslaughter charges. Prosecutions of such cases are rare in Australia but are a real possibility that individuals could face if they were to assist in euthanasia in Queensland where it is still illegal.

Victoria is currently the only state in Australia that already has voluntary assisted dying legislation in place. Western Australia and Tasmania have passed bills to legalise voluntary assisted dying however they are still implementing the legislation.

The bill will be aimed at assisting those over 18 years of age who have an eligible condition that is expected to cause death within 12 months. There will be other specific requirements within the bill that will be required to be satisfied for an individual to be eligible for voluntary assisted dying including individuals having the capacity to make the decision.

Queensland Premier Annastacia Palaszczuk has stated that she is in support of the bill following her own personal experiences with her own family. It is well known that there is the split of views in regards to this matter within both the Government and the public. The Government have affirmed that all MP’s are free to cast a conscience vote based on their own beliefs.

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.

A house fire in Wooloowin, in Brisbane’s inner north, over the weekend has resulted in Curtis Mickan being charged with two counts of attempted murder, arson and breaching a police notice. The house is alleged to have been set alight in the early hours of the morning on Sunday. At the time of the fire Mr Mickan’s partner and another female relative were inside the home. The two inside the home were able to escape unharmed from the blaze.

It is alleged that Mr Mickan assaulted his partner the night prior to the fire and he has been charged with further offences in relation to that incident. He also faces charges of assault occasioning bodily harm, common assault and wilful damage from that night.

Mr Mickan had been released by the police with strict conditions only a short time before the house is alleged to be set alight. The blaze is alleged to have been lit from the bottom of the home with the blaze spreading to envelop and destroy the house.

Mr Mickan handed himself in to police later Sunday morning. His matter appeared in the Brisbane Magistrates Court on Monday 17 May 2021, where he did not make an application for bail. He will remain in custody while the court process continues.  

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.

‘KNEW SOMETHING WRONG HAD HAPPENED’ SAID THE EX PARTNER OF JACK SADLER AFTER ALLEGED MURDER

Jack Sadler has been accused of murdering and dismembering his friend Jake Anderson-Brettner in August 2018.

Gemma Clark who is Sadler’s former partner, and partner at the time of the alleged murder, has given evidence at Sadler’s murder trial in the Supreme Court of Launceston. Clark indicated she had lied to Police initially of the whereabouts of the alleged victim partly because Sadler had told her to and for “self-preservation”.

Furthermore, Clark conceded to the jury that she had been sentenced to a period of five and a half years sentence after pleading guilty to being an accessory after the fact to the murder of Anderson-Brettner and failing to report the incident. The sentence was reduced due to a deal made with Police to give evidence at Sadler’s trial.

The Jury heard Clark admitted to assisting Sadler dispose of Anderson-Brettner’s body parts in wheelie bins around Launceston, but that at the time she was unaware the garbage bags contained body parts.  Clark said to the Court “I never saw body parts, I never saw Jake”… “Obviously, I knew something wrong had happened”.

Clark had purchased disposable gloves, plastic, bleach, cayenne pepper, baby oil and vinegar at the request of Sadler the day prior to the alleged murder. Prosecution alleged the plastic was used to line the walls of the room in the preparation for the murder and the pepper, oil, and vinegar were used to disguise the smell of the decomposing body parts in the garbage bags. Clark indicated she thought that was in relation to the manufacturing of illicit drugs and not for the purpose of a murder.

The Trial is to continue today in the Launceston Supreme Court.

If you want to learn more about the charge of murder in Queensland or the elements that must be proven by Prosecutions visit the link https://brookewintersolicitors.com.au/murder-charges.html

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.

In preparation for the Tokyo Olympics, the Australian Olympic and Paralympic teams have begun getting the first dose of their COVID-19 vaccinations. More than 2,000 athletes and officials are set to receive the vaccine in the lead up to the games. The first doses of the vaccine have begun rolling out this week to allow the second dose to be administered before the commencement of the games in July.

The Australian Olympic Committee have not implemented a ‘no jab, no play’ policy for athletes, leaving the choice to get vaccinated up to the individual. So far there are no reports of any of the athletes opting not to get the vaccine.

The allocation for the vaccine for the Olympics has not come out of the numbers allocated to members of the public. With the Australian Olympic Committee chief executive officer Matt Carroll stating that the teams are not jumping the queue for vaccinations. He has said that all members of the public who were due to be vaccinated in the current cohort for the Government’s roll out of the vaccination will not be affected by the doses allocated to athletes and officials.

There were prior concerns about the Australian teams being stranded in Tokyo if they were to attend the games. In order to minimize the risk for the athletes, they will be required to depart the athlete’s village and Tokyo within 48 hours after they have finished competing in their events.

There have been chartered flights organized with Qantas to allow the athletes to return within this time frame. Upon their return to Australia all athletes and officials will be required to complete the mandatory two-week hotel quarantine. There has been careful consideration between the Australian Olympic Committee and the State Governments to ensure that the number of athletes returning will not impact the current incoming traveller caps for each State.

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.

What is an Appeal?

To appeal a decision of the court, is to apply to a higher court for a reversal of the decision of a lower court.

Magistrates Court:

If you plead guilty to an offence in the Magistrates Court, and you deem the sentence imposed to be too harsh, you can  appeal the sentence that was imposed against you.

However, if you plead not guilty, and you were convicted and a sentence was imposed after the hearing, you are able to appeal both the conviction and sentence.

You have 28 days to appeal the decision, and a notice of appeal must be filed in the nearest District Court registry.

A single District Court Judge will hear the appeal against the Magistrate’s Orders.

There must be grounds for why you believe the Magistrate has made the wrong decision. Before appealing a Magistrates Court decision, you must be aware that there is risk in appealing a decision. Risks included an increase in your sentence if the appeal is unsuccessful.

District or Supreme Court:

A similar procedure applies to appealing decisions of the District and Supreme Courts.

If you plead guilty to an offence in the District or Supreme Court, and you deem the sentence imposed to be too harsh, you are able to appeal the sentence that was imposed against you.

However, if you plead not guilty, and you were convicted and a sentence was imposed after the hearing, you are able to appeal both the conviction and sentence.

You have 28 days to appeal the decision, and a notice of appeal must be filed in the nearest Supreme Court registry.

Three Judges of the Court of Appeal will hear the appeal against the District or Supreme Court Orders.

Again, there must be grounds for why you believe the Judge in the District or Supreme Court has made the wrong decision. Before appealing a decision, you must be aware that there is risk in appealing a decision. Risks included an increase in your sentence if the appeal is unsuccessful.

Court of Appeal:

Finally, you can appeal a decision made by the three Judges of the Court of Appeal, by bringing an application in the High Court of Australia.

 The High Court of Australia sits permanently in Canberra, however the High Court Judges visit Queensland every year to hear criminal appeals. In most cases, the High Court will only hear appeal cases that are of major importance to the Australian public.

You have 28 days from the decision to apply for special leave to bring an appeal in the High Court of Australia.

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 2020 Tokyo Olympic and Paralympic Games are to commence on 23 July 2021 with athletes focused on “controlling the controllables”.

The games are going forward despite the occupational health and safety issues arising with the COVID-19 outbreaks. Australians are unable to leave the country without a special exemption from the Australian Border Force. This does not automatically mean they are able to return.

If there is to be an outbreak of COVID-19 in the Village during the games there will be extreme difficulty with the Australian Border Force and their return.

The International Olympic Committee has requested all accredited personnel and athletes who are attending the games to sign a waiver which removes all liability from the International Olympic Committee, the International Paralympic Committee and the Tokyo organisers. Despite the bodies inability to provided countermeasures as the precautions and measures continue to change.

This week the Olympic and Paralympic Games Tokyo 2020 Addendum was distributed which said:

“To the fullest extent admissible under applicable laws, the Responsible Organisation agrees to irrevocably release Tokyo 2020, the IOC, the IPC (and their respective members, directors, officers, employees, volunteers, contractors or agents) from any liability for any kind of loss, injury or damage that the Responsible Organisation, including any Accredited Person under its responsibility, may suffer or be exposed to in connection with their participation in the Games.”

Furthermore, all athletes are to sign a hard copy of a written pledge and provide it to immigration officials upon arrival which guarantees they will follow all countermeasures, despite not being aware of the requirements as they continue to change in the COVID-19 climate.

The Olympics and Paralympics Games cannot delay any events by a week or more due to the rigorous broadcast window and other commercial restraint, this means that if there is an outbreak or possible COVID-19 case and an event is delayed, it may not be able to go forward at all.

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.

In the past two weeks the Gold Coast has seen two deaths allegedly linked to Domestic Violence. These two tragedies occurred with the victims being alleged to being murdered by their partners or former partners.

The family of one of the victims, Kelly Wilkinson, has come forward to say that she had been in contact with police and support services daily in the lead up to her death as she feared for her safety. Her former partner who is alleged to have set her on fire was on bail for a number of serious offences and had only been released a week before her death.

Police have launched an internal review into this matter as the system failed to protect Ms Wilkinson. She had reported potential breaches and expressed concern for her welfare to police. It was confirmed that a Domestic Violence Order was in place between Ms Wilkinson and her former partner. In these circumstances it is alleged that this Order did not offer Ms Wilkinson the protection she required to prevent this tragic outcome.

Domestic Violence tragedies such as these cause the current protections in place for victims to be questioned as to whether they are effective enough to protect these individuals. The Not Now, Not Ever: Putting an End to Domestic and Family Violence In Queensland report from the Special Taskforce on Domestic and Family Violence in Queensland provided 140 recommendations in regards to assisting the Queensland government in preventing deaths such as these.

The Women’s Safety and Justice Taskforce which was established in February of this year, is hoped to provide further recommendations to protect victims by October of this year, especially in regards to coercive control. These tragedies have caused other ministers from the government to say that the taskforce needs to report back sooner to prevent further possible tragedies from occurring.

What further recommendations do you think need to be made by the Taskforce?

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 plead guilty, or are found guilty after a trial, sentencing is the next step in the court process.

Sentencing is the practice of determining and applying the appropriate penalty for a person who has committed an offence. In imposing a sentence, the court must take into account a range of factors, including:

  • The maximum penalty for the offence (statute law);
  • Any minimum penalty for the offence (statute law);
  • Sentences imposed for similar cases, committed in similar circumstances (common law);
  • The nature and circumstances of the offences, including its seriousness and the harm caused to the victim;
  • Culpability; and,
  • Antecedents.

The role of the judge or magistrate at sentencing is to decide on an appropriate sentence. The purpose under Queensland law of the sentencing process is to:

  • Punish the offender to an extent or in a way that is just in all circumstances;
  • Help the offender to be rehabilitated;
  • Deterrence, both specific and general;
  • Denunciation, demonstrating to the community that the offender’s behaviour is condoned; and,
  • Community protection.  

The role of the prosecutor is to assist the judge or the magistrate in the following ways:

  • Outline the facts and circumstances of the offence, including any aggravating factors;
  • Providing the offenders criminal history to the court, and highlighting any relevant prior offending;
  • Submissions regarding the impact of the offending on the victim;
  • Submissions regarding appropriate sentence based on relevant case law, legislations and other associated sentencing principles.

The role of the defence during the sentencing process is to also assist the judge or magistrate in the following ways:

  • Outline the offenders’ personal circumstances, and character references;
  • Provide background and contextual information regarding the offending, particularly any mitigating circumstances,
  • Submissions regarding the steps the offender has taken towards rehabilitation, including those without court intervention;
  • Submissions regarding appropriate sentence based on relevant case law, legislations and other associated sentencing principles.

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.

We welcome Stephanie Smith to the Brooke Winter Solicitor’s team. Stephanie is joining the team as a law clerk following the completion of her placement with us as part of her Practical Legal Training.

Stephanie has completed her Bachelor of Laws at Griffith University on the Gold Coast. She has recently completed her Graduate Diploma in Legal Practice through Bond University. Stephanie is due to be admitted to the Queensland Supreme Court to practice as a lawyer on 7 June 2021.

We look forward to seeing her progress as a part of the team.

Brooke Winter Solicitors
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