Katherine Jane Leadbetter and Matthew Philip Field were walking their two dogs on Australia Day when they were tragedy killed by a teenager driver in an allegedly stolen car. The car was allegedly stolen from a Cleveland home prior to running a red light and crashing, rolling into them. Katherine was six months pregnant at the time of the incident.
The teenager has allegedly been charged with two counts of murder and a number of other driving and theft offences. He fled the scene after the incident and subsequently attempted to steal a nearby car. It has been revealed that he was on bail at the time of committing these offences.
The devastating tragedy has sparked an outrage in the community with which has led to calls for reforms to the State’s laws surrounding youth justice punishment and bail laws. The community is calling for change so that tragedies such as this can be avoided in the future.
What are your thoughts, does the youth justice system need to be reformed?
Donald Trump is OUT. But unfortunately for the TIGER KING, Joe Exotic, he remains IN.
Donald Trump, pardoned or commuted 143 people, in his last hurrah as President.
A pardon, is the complete forgiveness of a crime and restores full rights of citizenship. Whilst, a commutation, is the substitution of a lesser penalty for that given after a conviction for a crime. The penalty can be lessened in severity, in duration, or both.
Joe Exotic, the self proclaimed Tiger King, is currently serving a 22 year sentence for two counts of murder-for-hire, eight counts of violating the Lacey Act for falsifying wildlife records, and nine counts of violating the Endangered Species.
Joe Exotic’s legal team were so confident that he would receive a pardon or commutation from Trump, that they had organised a limo and hair and makeup artists to collect Mr Exotic from his correctional facility.
Malka Leifer is a former Melbourne School Principal and accused paedophile. She faces 74 counts of sexual assault in Victoria. Leifer left Australia when the allegations against her surfaced in 2008 and has remained in Israel since. More than six years have passed since a request was filed in the Jerusalem District Court to declare Leifer extradited to Australia. The Israel’s Supreme Court threw out Leifer’s last appeal, and Justice Minister Avi Nissenkorn will now sign the extradition order without delay.
What is Extradition?
Extradition occurs where a person has committed an offence in one jurisdiction (as Leifer has done in Victoria, Australia) but has then moved into another jurisdiction (as Leifer has done, by leaving Australia for Israel, in 2008).
Jurisdiction means the body who has the official power to make legal decisions and judgements. Extradition involves one jurisdiction physically sending a person charged with crime offence, back to the jurisdiction in which the crime was committed. This has to happen, in order for law enforcement of the jurisdiction in which the crime was committed, to deal with the charges against the person under their own laws.
Extradition requires cooperation between the jurisdictions and is generally governed by pre-existing arrangements made between the jurisdictions involved. The jurisdiction in which the offending occurred, will typically make a formal request to the other jurisdiction to arrest the person in question and subject them to its extradition process. Such extradition processes differ according to the laws of each jurisdiction
Former suspect in the murder of Daniel Morcombe and notorious paedophile is to be released after 25 years in custody. Jackway will be required to wear a tracker and live in the Wacol precinct when released on a community protection order.
On 15 December 2020 Jackway appeared in the Supreme Court at Brisbane before Judged Brown.
An Application was made by Jackway under the Dangerous Prisoners (Sexual Offenders) Act 2003 (QLD) for a review of the continuing detention of Jackway. The Application was the seventh annual review of Jackways’ continued detention.
The Attorney-General argued that Jackway should continue under a detention order, whereas Jackway’s counsel contended that he should be released under a proposed supervision order. It was a matter for Jackway to satisfy the Court, meaning the onus falls on him that he should be released.
Jackway has a significant criminal history with relevant offences in 1991 whereby he committed a rape against a female child and a series of offences against a male child in 1995. Jackway has not committed further sexual offences since 1995.
Jackway has undergone examination by two psychiatrists for the purpose of this application, both psychiatrists have previously examined him.
The reports indicated an incident in May 2020 whereby Jackway was involved in a fight in custody. Jackway had admitted to abusing opioid drugs, but ceased in March 2020. It was indicated that Jackway was requesting professional assistance in this regard.
In determining a supervision order the Court was satisfied there is an unacceptable risk that the prisoner will commit a serious sexual offence thereby being a serious danger to the community unless an order is made. The Court was satisfied that Jackway is a serious danger to the community in the absence of a supervision order. The Court further indicated that Jackway was a moderate risk to the community.
Ultimately the Court released Jackway from custody to be subject to a supervision order for a period of 15 years. The supervision order contains orders such as; case management meetings twice weekly, curfews, GPS tracking and random testing for illicit substances up to twice weekly.
What are your thoughts, what should the jail system do with convicted paedophiles?
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 Rape?
In Queensland, it is an offence to rape another person. A person may be charged with this offence if they have carnal knowledge with another person without their consent; if they penetrate the vulva, vagina or anus of another person with a part of their body which is not a penis without the person’s consent; or if they penetrate the mouth of another person with their penis without the person’s consent. These offences are not gender-sensitive, and thus can be in relation to a male or female victim.
In essence, a person may be charged with Rape if they commit a sexual act which penetrates the mouth, vulva, vagina or anus of another person without their consent.To be charged with Rape for penetrating the mouth of another person, the offender must have used their penis to penetrate the mouth of the victim. In relation to the penetration of the vulva, vagina or anus, the offender need not penetrate the victim with a penis, but with any part of their body.
A person will be charged with Rape if the penetration element is satisfied, and the victim did not consent to the penetration. A person has not received consent if they obtained it by force, threat or intimidation, exercising of authority, or by making false or fraudulent representations of the nature or purpose of the act. If a person is charged with raping a child under the age of 12, they will not be able to argue that the child consented. The law states that children under the age of 12 cannot consent to sexual intercourse or other sexual acts, even if they say that it is okay.
A person who is convicted of Rape may be sentenced as a Serious Violent Offender, which means they must serve at least 80 per cent of their custodial sentence. This means that the offender will not be eligible for or released on parole until they have served 80 per cent of their term of imprisonment.
The Law:-
Section 349 of the Criminal Code (Qld) 1899 states;
(1) Any person who rapes another person is guilty of a crime.
(2) A person rapes another person if—
(a) the person has carnal knowledge with or of the other person without the other person’s cons ent; or
(b) the person penetrates the vulva, vagina or anus of the other person to any extent with a thing or a part of the person’s body that is not a penis without the other person’s consent; or
(c) the person penetrates the mouth of the other person to any extent with the person’s penis without the other person’s consent.
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 Rape the Prosecution must prove;
1. Defendant – The Prosecutor has to prove the identification of the offender;
2. Had Sexual Intercourse;
3. With Another Person;
3. That the other person did Not Consent;
4. The defendant Knew that the other person did Not Consent.
Maximum Penalty for Rape:-
The maximum penalty for this offence is life imprisonment.
Convictions:-
In Queensland, if a person is convicted of Rape, then the court could impose one of the following penalties:
- Jail (suspended, parole or actual time);
- Intensive Corrections Order;
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 Rape will initially be heard in the Magistrates Court in Queensland. This charge is too serious to be determined by a Magistrate and is an indictable offence. 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 a Rape allegation or if I am charged with Rape?
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.
One punch assaults are shockingly frequent in Queensland. In the years between 2010 and 2012, there was a devastating number of deaths and arrests across the country resulting from one single punch.
In an attempt to combat the offending and raise awareness, legislation was amended and Unlawful Striking Causing Death was added to the Queensland Criminal Code.
Prior to the introduction of the offence, the court found penalising one punch deaths particularly difficult given the limitations of the legislation at the time.
One punch could not be considered murder- as there is no intent to kill.
One punch could not be considered manslaughter- as the Court could not be satisfied that where someone has thrown a single punch, death was foreseeable.
However, the Court deemed the offending too serious to be characterised as common assault- someone died, and the maximum penalty is only three years for this offence.
Therefore, public pressure forced the government to change the law to accommodate and properly penalise one punch deaths. Hence, Unlawful Striking Causing Death was introduced.
Under the new law, offenders who cause the death of another person by unlawfully striking, regardless of whether they intended the victim to die, or foresaw death as a possible consequence, face a maximum penalty of life imprisonment.
If you are arrested and charged with Unlawful Striking Causing Death, the matter 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 Unlawful Striking Causing Death allegation or if I am charged with Unlawful Striking Causing Death?
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.
Kathy Jackson, the former Health Services Union (HSU) boss has pleaded guilty in October to two charges of obtaining financial advantage by deception on after a Royal Commission Investigation was conducted into Union Corruption.
Jackson was also found guilty of misusing $35,000.00 in union funds in a separate trial last year however it was unable to be reported until she pleaded guilty to the fresh offences. The 2019 proceedings were subject to a non-publication order as it was expected that she would face a second trial of similar nature.
Police have alleged that she has spent $100,000.00 of funds from the Health Services Union on travel and staying in luxury hotels and resorts, a Mercedes Benz, luxury artwork, and shopping trips. Jackson underwent trials between 2003 and 2011 for the misappropriation of over $480,00.00 between these dates.
In December last year Prosecution alleged that Jackson transferred large sums of cash out of union funds into an account she controlled and spent “at her own discretion”. Jackson was found guilty in December by a jury of crediting more than $13,000.00 into her personal account for a trip she took to the United States. She was also found guilty of using funds to pay a debt of $22,000.00 for her former husband. She was found not guilty of the remaining 19 offences.
Judge Fox commented there appeared to be no real evidence of remorse. Jacksons Counsel, Theo Alexander summed up the case as “good people do bad things”.
Prosecutor Mark Gibson, QC indicated to the court that it would be “not inappropriate” for the court to impose a suspended term of imprisonment for three years. This would allow Jackson to avoid actual time in custody if she does not breach the suspended sentence.
Jackson is to return to Court on 26 November 2020 for Sentence.
What are your thoughts?
In 2016, Donald Trump lost the popular vote by the greatest margin of anyone elected in the history of Presidency in the United States. But it did not matter- it is the Electoral College, not the national popular vote, that determines who wins the Presidency in the United States.
In 2016, Hillary Clinton won the popular vote by 3 million votes- but lost the Presidency.
In 2000, Al Gore also won the popular vote- but lost the Presidency.
Despite the majority of the population in support of their presidential candidacy, this did not land either party the highest office of the land.
Why? – because this important decision, falls to the Electoral College.
The Electoral College was developed in 1787. Founders of the United States of America aspired to quash the formation of powerful factions and political parties. The idea behind the Electoral College was that a presidential candidate could not solely rely on popular majorities or Congress.
There are 538 Electoral College votes in the United States. Simple math dictates that the Presidential candidate must win 270 electoral votes to be crowned.
The total number of electoral votes assigned to each State is based on the number of Senators (2 in each state) plus the number of Representatives (at least 1). The number of Representatives is determined based on population- roughly one for every 500 000 people.
Therefore, when Americans cast their ballots, they are voting for a line-up of electors, who are appointed by their state’s political parties, who are pledged to support that party’s candidate.
Herein lies the source of much contention– there are arguments that the States with smaller populations are overrepresented in the Electoral College, as every state gets at least 3 elector votes, regardless of population.
For example, Wyoming has three votes and a population of only 580,000. The argument is that, this gives individual voters far more influence in the election than the millions in densely populated states like Florida, California and New York.
Adding only further to the dissatisfaction in the Electoral College system, is that American citizens who live in territories like Puerto Rico, Guam and the U.S. Virgin Islands are not represented by any electors.
Much debate over the years has been about abolishing the Electoral College entirely. However, given the Electoral College has only ever benefited the Republican Party, and the Republican Party currently holds majority in the Senate- it is unlikely this was of selecting a President, is going anywhere soon.
Article by Shelby Thompson
Shelby is one of our solicitors here at Brooke Winter Solicitors. She provides assistance for criminal, traffic, child protection and domestic violence matters.
As a busy practitioner, Shelby has the skill and proficiency required of a legal advocate to protect the rights of her client’s across various jurisdictions. Shelby has worked in many different capacities around the globe, giving her the ability to adapt easily in any situation.
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 the 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 Arson?
Arson is a serious offence and is the act of intentionally destroying or damaging property through the use of fire. It is deliberately committing an act that, at the time, you were aware the property catching fire was a likely consequence and did so regardless of the risk. Property includes a building or structure, motor vehicle train, aircraft or vessel, any stack of cultivated vegetable produce, mineral or vegetable fuel, a mine, or the workings, fittings, or appliances of a mine.
The Law Surrounding Arson
Section 461 of the Criminal Code (Qld) 1899 states;
(1) Any person who wilfully and unlawfully sets fire to any of the things following, that is to say —
(a) a building or structure;
(b) a motor vehicle, train, aircraft or vessel;
(c) any stack of cultivated vegetable produce, or mineral or vegetable fuel;
(d) a mine, or the workings, fittings, or appliances of a mine;
is guilty of a crime, and is liable to imprisonment for life.
Elements of an Arson Offence
The prosecutor must prove beyond a reasonable doubt that the Defendant has committed the offence. Every charge has several elements that the Prosecutor must prove beyond a reasonable doubt. For the charge of Arson the Prosecution must prove;
1. Defendant – The Prosecutor has to prove the identification of the offender;
2. Fire – There needs to be an actual fire, scorching or charring is not sufficient.
3. Wilfully – Actual intention to set fire, or deliberately did an act aware at the time that catching fire was a likely consequence and did so regardless of the risk;
4. Unlawfully – Without the owner’s consent, unless justified or excused by law.
Maximum Penalty for Arson
The maximum penalty is life imprisonment.
Punishment for Arson
In Queensland, if a person is convicted of Arson, 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 several 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;
- Intention;
- Accident;
- Necessity;
- Intoxication
- Identity;
- Insanity;
- Mental Impairment.
Which Court will your matter be heard in?
The matter is strictly indictable.
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 Arson allegation or if I am charged with Arson?
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 a Criminal Lawyer
If you are charged with a criminal offence, you must 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 at 1300 066 669 if you have any questions. We can assist you no matter where you are located and can appear in every court.
Juries are vital part of the Australian legal system. Juries are comprised of men and women from the community- randomly selected from the electoral roll.
The responsibility of the jury is to consider the facts of a case as presented by the Crown (Prosecution) and the Defence and decide whether any offence has been proved beyond reasonable doubt.
The jury is assisted by the Judge who explains elements of the law. The Judge is also entitled to assist the jury to understand the facts revealed by the evidence put forward by the Crown and the Defence.
Most importantly, it is the members of the jury alone who bear the responsibility in determining the facts of the matter and deciding whether the accused is guilty or not guilty.
If you have been selected for jury service, you will receive a summons. A summons is a legal notice which requires a person to attend, give evidence or produce documents. In this case- the summons requires you to attend court. Being issued with a jury summons, does not mean you will serve on the jury. Who actually servers on the jury is decided during a further selection process called empanelling.
Empanelling is the process where your name, along with your suburb and occupation are placed in a rotating box. The Judge’s Associate then randomly selects jurors from this box.
Once a juror’s name is called, the Crown may call ‘stand by’ or the Defence may call ‘challenge’. In the event this happens, another name will be called. If your name is selected, and you are not ‘stood by’ or ‘challenged’ you will be sworn in as a juror. This process is repeated until there are twelve jurors in the jury box.
Once empanelled, the charge, names of the prospective witnesses and the importance of acting impartially is pressed upon the jury by the Judge. The Judge will ask any juror who believes that they cannot act impartially in the trial to identify themselves.
Once this process has been completed, the trial will begin.
The Crown will ‘open’ the case with a brief outline of evidence to be called. The Crown will then call each witness, one by one. Each witness will be first questioned by the Crown, and then cross-examined by the Defence. The Crown does have the ability to re-examine a witness in some circumstances.
At the close of the Crown case, the Defence may call their own witnesses and the process is repeated.
At the conclusion of both the Crown and Defence case, both parties may address the jury in the form of a closing submission. At the conclusion of the addresses to the jury, the Judge will then ‘sum up’ the case. The jury will then retire to deliberate. Deliberation may take minutes, hours, even days.
If a jury returns a verdict of not guilty- the accused is discharged and allowed to go free. If the jury returns a guilty verdict- the Judge will then commence the sentencing proceedings. The jury plays no part in sentencing the accused.
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