In a recent count, more than 450 people have been charged with carrying a knife in a public place in the Gold Coast area alone in the 2019/20 financial year.
Queensland Police have revealed there has been a 40 per cent increase in knife related offences in the past five years.
It appears knives are becoming increasingly popular as the weapon of choice in homicides, manslaughter, assault and domestic violence incidents. Acting Detective Inspector Ken Murray said knife crimes are merely a symptom of “people carrying knives” which needs to be the primary focus in tackling the issue.
Detective Inspector Murray his indicated that it will be important to focus on people carrying knives in a public place in an attempt to decrease other knife related offences.
Surfers Paradise Officer in Charge Senior Sergeant Jim Munckton said that Police officers carry metal detectors and will be increasingly searching in the hotspots such as Surfers Paradise which could help lower that number.
There have been five stabbing deaths within twelve months in the Surfers Paradise area, the numbers appear to be on the increase. 17 year old Jack Beasley passed away December 2019 at the hand of a 15 year old armed with a hunting knife. Jack’s parents have pushed for Police having more powers to search persons in public and tougher penalties, especially on juveniles.
What are your thoughts?
Article by Sammi Dutschke
Sammi is a Solicitor here at Brooke Winter Solicitors and provides assistance for criminal, traffic and family law matters.
As a busy practitioner, Sammi has worked as a family and domestic violence duty lawyer and has gained valuable experience and knowledge in these fields. Sammi has prior experience in family law alongside her experience in both prosecution, through the Department of Public Prosecutions, and criminal defence. Sammi’s studies in psychological sciences and law provide additional insight into these areas and the difficulties faced by her clients throughout the process.
Justice Ginsburg, a prominent feminist and figurehead for Liberals in the US has lost her battle pancreatic cancer on Friday.
Ginsburg was the oldest justice at age 87 and the second woman to sit in the Supreme Court. Ginsburg served for 27 years after being appointed by Bill Clinton in 1993.
Ginsburg had a renowned legal career which spanned over six decades with its share of struggles.
Born in Brooklyn, New York City in 1933 to Jewish immigrant parents, she studied at Harvard Law School where she was one of nine women in a class of approximately 500 men. Ginsburg finished top of her class, however did not receive any job offers after graduation. Nonetheless, she continued to push into the legal profession throughout the 1960s.
In 1972 Ginsburg was the co-founder of the Women’s Right Project at the American Civil Liberties Union. In 1972 she became the first tenured female law professor at Columbia Law School.
In 1980 Ginsburg was nominated to the United States Court of Appeals for the District of Columbia in an effort of then-President Jimmy Carter’s attempt to diversify the Courts.
Ginsburg’s death has raised prospects of Republican US President Donald Trump trying to expand the court’s conservative majority. There are talks that this could occur before this November’s election. In the days leading up to her death, Ginsburg expressed strong disapproval for such move publicly stating:
“My most fervent wish is that I will not be replaced until a new president is installed”
A political battle over who will succeed Ginsburg is about to detonate.
President Donald Trump has appointed two judges since taking office. The current court is believed to have a 5-4 conservative majority. The US Senate are required to approve a new judge as nominated by the President.
The Senate Majority Leader Mitch McConnell has indicated that if a nominee was put forward before the election, there would be a vote on the nominee.
Democratic presidential challenger Joe Biden has released a statement indicating:
“There is no doubt – let me be clear – that the voters should pick the president and the president should pick the justice for the Senate to consider.”
For now, we mourn the passing of an iconic women and advocate in the legal system.
Chief Justice John Roberts has released a statement:
“Our Nation has lost a jurist of historic stature… We at the Supreme Court have lost a cherished colleague. Today we mourn, but with confidence that future generations will remember Ruth Bader Ginsburg as we knew her – a tireless and resolute champion of justice.”
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Article by Sammi Dutschke
Sammi is a Solicitor here at Brooke Winter Solicitors and provides assistance for criminal, traffic and family law matters.
As a busy practitioner, Sammi has worked as a family and domestic violence duty lawyer and has gained valuable experience and knowledge in these fields. Sammi has prior experience in family law alongside her experience in both prosecution, through the Department of Public Prosecutions, and criminal defence. Sammi’s studies in psychological sciences and law provide additional insight into these areas and the difficulties faced by her clients throughout the process.
Dreamworld has reopened their doors from 16 September 2020 after a rollercoaster of events and closure for 177 days.
Dreamworld and Whitewater World have implemented coronavirus safe plans to ensure the park can reopen and get back to business.
The theme park has gone through a world of issues with Ardent Leisure pleading guilty to three charges relating to the deaths of four people in the Thunder River Rapids Ride in 2016 following a coronial inquest into the park. Further, in approximately two weeks’ time Ardent Leisure is due for the recommencement of Work Health and Safety court proceedings.
Coronavirus pandemic has led to the implementation of procedures in all major entertainment industries to allow their reopening during the worldwide pandemic. The park has therefore reduced capacity and implemented a safe plan to ensure they are complaint with all coronavirus safe procedures and policies.
Chief Operating Officer Greg Yong has indicated there is minimal staff currently however they will be ramping up stuff numbers and procedures leading into the Christmas holiday periods.
Furthermore, the park is beginning work on a new $30-million rollercoaster in attempt to draw in crowds.
In August of this year it was announced that the Queensland Government were to loan Dreamworld’s parent company, Ardent Leisure almost $70 million to keep the theme parks operating throughout the coronavirus pandemic. Ardent Leisure announced they are in receipt of a three-year financial assistance package from the Government.
Dreamworld and Whitewater Worlds rival Village Roadshow reopened their trifecta of parks in July 2020 after implementing COVID safe plans.
Many locals are either team Dreamworld or team Village Roadshow, what are you?
Assange’s extradition hearing is due to commence with his legal team fighting his extradition to the United States.
The Australian born WikiLeaks is facing charges on one of the largest compromises of classified information in 2010 and 2011. Unforgettably, WikiLeaks published a classified United States military video which showed an Apache attack helicopter shooting down eleven civilians, inclusive of two journalists in Baghdad in 2007.
Former United States Army Intelligence analyst Chelsea Manning was jailed due her connection with the leaks.
In June 2012 Assange entered Ecuador’s embassy in London and was granted asylum until April 2019. In April 2019 the Ecuadorian government withdrew his asylum and Metropolitan Police arrested him over outstanding arrest warrants from 2012.
Assange is facing 17 charges regarding obtaining and disclosing classified information and one charge regarding an alleged conspiracy with Chelsea Manning to crack passwords on government servers. The United States have publicly indicated that by Assange releasing the documents and files he endangered lives, damaged national security and aided its adversaries.
Assange remains firm on his position that the information exposed abuses by the United States Military and he was acting as a journalist, therefore is entitled to protection by the United States First Amendment. The First Amendment provides freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances.
The extradition process began in February 2020 however due to the coronavirus pandemic was delayed. The Court is required to examine a series of factors before extradition can be granted, one of these factors is if the alleged crimes have equivalent offences in the United Kingdom and could lead to a Trial. This is known as “double criminality” which essentially looks at if the offences Assange is being charged with under United States law are broadly recognised by United Kingdom law.
Prosecutors have argued that his charges would amount to offences under the United Kingdom’s Official Secrets Act. The Official Secrets Acts 1911 to 1989 are a series of four legal documents protecting the United Kingdom against espionage and the leaking of sensitive government information.
If the Court agrees with Prosecutions then it must consider the impact that extradition would have on Assange’s health. If the Court deems that extradition would be detrimental to his health there could be an opportunity of protecting Assange in the United Kingdom under European Human Rights law.
Further, Assange’s legal team has indicated that the United States is seeking to prosecute Assange for political offences and he is therefore exempt from extradition under the terms of the United Kingdom- United States extradition treaty.
The Hearing is likely to last between three to four weeks with a decision likely to face Appeal to a higher court.
If Assange is extradited to the United States and found guilty he is facing a maximum of 175 years imprisonment.
SEE LIST OF DECLARED HOTSPOTS
Among others, Beenleigh Magistrates Court is taking additional precautions this week with the new cases and potential locations those infected have travelled. Our office and others working as Duty Lawyers in the Courthouse have returned to providing the service remotely, via telephone during this time.
Queensland could be preparing for lockdowns or restricted travel again, we are yet to receive update from the Queensland Government about this however remain cautious with the current outbreaks.
Our office, like many, have recently settled back into our pre-COVID19 routines and have returned to the busy Courthouses once again – this could change again quickly.
According to Queensland Health Website, there are no ‘declared’ hotspots in Queensland however there are a number of locations containing potential hotspots due to potential contact with someone who has tested positive for COVID-19.
Queensland government has indicated if you have attended the following locations on the dates/ times listed you should be monitored for symptoms and immediately get tested if any symptoms are present.
9 August:
- IGA Express, Forest Lake – 6.30am to 6.40am
- Anytime Fitness, Village Square, Browns Plains – 11am to 12:10pm
- Woolworths, Browns Plains Grand Plaza, Browns Plains – 11am to 12pm
10 August:
- Spotlight, Browns Plains – 9:30am to 9:45am
- Coles, Forest Lake shopping centre, Forest Lake – 10am to 10.15am
- Anytime Fitness, Village Square, Browns Plains – 10:15am to 11:25am
- Woolworths, Browns Plains Grand Plaza, Browns Plains – 11am to 12:30pm
- Greenbank takeaway, Greenbank – 5:30pm to 5:40p
- Woolworths, Forest Lake shopping centre, Forest Lake – unknown time
11 August:
- BP Wacol (corner Boundary and Progress roads) Wacol – 6am to 6:15am
- Mt Gravatt swimming pool, Wecker Road, Mt Gravatt – 11.25am to 12.05pm
- Dami Japanese restaurant, Mt Gravatt – 12pm to unknown time
12 August:
Lakeside Fruit Barn, Forest Lake shopping centre, Forest Lake – 4pm to 4.30pm
Woolworths, Forest Lake shopping centre, Forest Lake – 4:30pm to 5pm
Thai Antique, Carina Heights – 6pm to 6:15pm
Coles, Browns Plains Grand Plaza, Browns Plains – 7:15pm to unknown
13 August:
- Australian Nails, Forest Lake shopping centre, Forest Lake – 11am to ~12am
- Forest Lake shopping centre, Forest Lake – 11am to 3pm
- Fig Tree Bakehouse, Forest Lake shopping centre, Forest Lake – 12pm to unknown
- Nandos, Forest Lake shopping centre, Forest Lake – after 12pm to unknown
14 August:
- Officeworks, Browns Plains – 10am to 10:10am
- Coles, Browns Plains Grand Plaza, Browns Plains – after 10am to before 11am
- Ikea, Slacks Creek – 11am to 2pm
Woolworths, Marsden on Fifth shopping centre, Marsden – 11:15am to 11:30am - Anytime Fitness, Village Square, Browns Plains – 2:20pm to 3:30pm
- Bunnings, Browns Plains – 2:30pm to 3pm
- Aldi, Forest Lake Village shopping centre, Forest Lake – 4pm to 4.30pm
- Coles, Forest Lake shopping centre, Forest Lake – 4pm to 4:30pm
15 August:
- Kmart, Browns Plains Grand Plaza, Browns Plains – 9:30am to 9:45am
- Anytime Fitness, Village Square, Browns Plains – 10:25am to 11:35am
16 August:
- Woolworths, Marsden on Fifth shopping centre, Marsden – 10am to ~10:15am
- Coles, Browns Plains Grand Plaza, Browns Plains – 10:30am to 11am
- 7-Eleven Service Station, Springfield – 12:10pm to 12:15pm
- Anytime Fitness, Village Square, Browns Plains – 1:20pm to 2:30pm
- Riverlink shopping centre, Ipswich – morning
- The Reject Shop, Ipswich – morning
- Jamaica Blue coffee shop, Ipswich – morning
17 August:
- Indooroopilly shopping dentre, Indooroopilly – 11am to 1pm
- Bupa, Indooroopilly – 11am to 1pm
- Origin Kebabs, Indooroopilly – 11am to 1pm
- Calamvale Shopping Centre, Calamvale – 1:30pm – 2pm
- Greenbank takeaway, Greenbank – 6:30pm to 6:40pm
- Costco Bundamba self-service fuel station, Bundamba – afternoon
18 August:
- BCF Greenslopes – 12:30pm to ~1pm
- Rock and Roll Butcher (Brisbane Bulk Meats), Logan Road, Greenslopes – 1pm to unknown
- Chemist Warehouse, Waratah Drive, Crestmead – afternoon
- Uncle Bill’s takeaway, Brassall – 5:45pm to 6:15pm
- United Fuels, Springfield – 6:05pm to 6:12pm
- BP Wacol (corner Boundary and Progress roads), Wacol – evening
19 August:
- 12 RND Fitness, Birkdale – 8am to 9:30am
- Woolworths, Browns Plains Grand Plaza, Browns Plains – 9:30am to unknown
- The Jam Pantry, Greenslopes – 10:30am to 11:45am
- Officeworks, Ipswich – 11am to 11:10am
- Red Cross Op Shop, Sherwood Road, Sherwood – 12.30pm to ~1pm
- Sherwood transport and Main Roads Customer Service Centre, Sherwood – 12:30pm to 1 pm
- Westfield Carindale shopping centre, Carindale – ~1pm to 3pm
- Indooroopilly shopping centre, Indooroopilly – 1pm to 4p
- Myer, Indooroopilly – 1pm to 4pm
- David Jones, Indooroopilly – 1pm to 4pm
- Touch of Indian, Indooroopilly – 1pm to 4pm
- Sweets from Heaven, Indooroopilly – 1pm to 4pm
- Bras ‘n’ Things, Westfield Carindale, Carindale – 1pm to 3p
- Ghanda clothing, Westfield Carindale, Carindale – ~1pm to 3pm
- Myer, Westfield Carindale, Carindale – 1pm to 3pm
- Newsagent in Sherwood, Sherwood Road, Sherwood – 1.10pm to 1.20pm
- Baskin Robbins, Camp Hill Market Place, Camp Hill – 5:30pm to ~5:40pm
- Pho Inn, Camp Hill Market Place, Camp Hill – 5:30pm to 5:40pm
- Ipswich Hospital ED, Ipswich – 11:00pm (19 August) to 6:19am (20 August)
20 August 2020:
- Ipswich Hospital ED, Ipswich – 11:00pm (19 August) to 6:19am (20 August)
- Woolworths, Marsden on Fifth shopping centre, Marsden – 10am to ~10:15am
- USQ (University of Southern Queensland) Campus Cafe, Springfield – 12:05pm to 12:13pm
- Coles Forest Lake, Forest Lake – 3:15pm to 4pm
21 August:
- Woolworths, Forest Lake shopping centre, Forest Lake – 10:30am to 10:45am
- The Chop Shop (Butcher), Forest Lake shopping centre, Forest Lake – ~10.45am to 11.15am
- Best & Less, Forest Lake shopping centre, Forest Lake – 10.45am to 11.15am
- Orion Shopping Centre Springfield – 4:15pm to 5pm
Please see below link for updates of declared hotspots:
Joseph DeAngelo, otherwise known as the “Golden State Killer”, was given life imprisonment last Tuesday. The 74-year-old confessed to 13 murders and the rape of 50 women, in a grizzly crime spree that spanned the 1970s and 1980s. The crimes which he confessed to did not sufficiently canvass his full criminal history, however many of these additional crimes were outside the relevant statute of limitations and much to the dismay of his countless victims, could not be tried in court.
The serial rapist, who had been known as the “East Area Rapist”, terrorised women throughout the State of California. Testimony provided by victims suggests he often threatened to kill them if they were not silent, as he raped them. DeAngelo’s awful crimes irreparably harmed not just his victims, but also their family, many of whom appeared in the Sacramento Superior Court, and said in no uncertain terms that he should ‘rot in hell’. As to the victims themselves, those of whom managed to survive his attacks detailed how their lives spiralled out of control after DeAngelo had attacked them, with one victim explaining that she still suffers from post-traumatic stress disorder, requiring drugs and alcohol to dull her pain and anguish.
DeAngelo, who spent much of his life victimizing women, looks virtually unrecognisable from his younger self, depicted in the sketches provided by victims. In court DeAngelo, who has evidently lost a considerable amount of weight and looks sickly, was wheeled in by police officers, wearing an orange jumpsuit and a mask. Himself a former police officer, DeAngelo tried to appear penitent in the Sacramento Superior Court, suggesting that he was ‘truly sorry’ for everyone that he had hurt. Yet, can his remorse really be accepted at face value? Moreover, does the extent of his crimes suggest that he is beyond feelings of guilt or repentance?
Judge Bowman of the Sacramento Superior Court certainly thought so, imposing 11 consecutive life sentences without parole, in addition to other sentences, which as he elucidated was the ‘absolute maximum’ that his court was able to impose. For Bowman, the testimony of the surviving victims made it clear, the ‘defendant deserves no mercy’. It has been suggested that the prosecutors would have sought DeAngelo’s execution, but for California’s moratorium on the death penalty.
DeAngelo’s case is famous for more than one reason though, as back in April 2018, he was finally tracked down by police after 40 years of impunity, using a sample from a free genealogy site. Forensic investigators utilised an extraordinary DNA method to catch him, which involved the use of the afore mentioned sample from the genealogy database, to create a family tree that identified him as a suspect, and lead to his subsequent arrest.
Stripped of its gruesome and abhorrent details, if indeed that is even possible, the question posed by DeAngelo’s high profile case is an interesting one… should those who have eluded justice for decades face the full consequences of the law in their latter years, even if they are sickly and purportedly remorseful? Of course, DeAngelo’s case is on the further end of this spectrum, as the extent of his crimes would certainly make him justifiably irredeemable. However, what about offenders who might only have one of DeAngelo’s offences against his name, and are in a similar position to what he is now. If they are truly remorseful, have they suffered enough through years of guilt and shame? Or should the full weight of the law unrelentingly come down on them? Have your say below…
Under section 362B of the Public Health Act 2005 (QLD) there is a Direction from the Chief Health Officer in relation to entry into Queensland. Do you understand the Directions and what this means for you?
If you are seeking to enter, or proposing to enter Queensland from another State or Territory you are required to:
- provide a valid Queensland Border Declaration Pass; and
- provide an undertaking that the person will present for a COVID-19 test if the person develops symptoms consistent with COVID-19 within 14 days of entering Queensland; and
- comply with the undertaking while present in Queensland.
Further to the Declaration Pass, you must provide information as requested in relation to the following:
- Your full name, date of birth, phone number, address and email address; and
- Whether you are a confirmed or cleared case of COVID-19, and
- If requested you must provide satisfactory evidence of your identity (for example, a driver’s licence or Medicare care card); and
- If requested, you are required to provide evidence that the person resides in the border zone; and
- Any other information required by an emergency officer (public health).
The following questions may be asked in relation to the previous 14 days prior to attempting to enter Queensland if you have; been overseas, been in a COVID-19 hotspot, had contact with a person who is a confirmed case of COVID-19, been a cleared case of COVID-19, had symptoms consistent with COVID-19; or if a border zone resident, been in a COVID-19 hotspot outside the border zone. Failure to provide the information as requested can lead to criminal penalties.
If you fail to comply with the Direction the maximum penalty is 6 months imprisonment or $13,345.00.
The Queensland Government’s tough new border restrictions encompass few exceptions- including for families who have shared custody agreements across state borders.
Under the new Border Restriction Direction, the only exemptions are:
- if the person is a Queensland resident
- if the person is moving to Queensland as a new resident
- if the person is a border zone resident who is a Queensland resident
- to comply with an order to attend a court or tribunal or to give effect to orders of a court or tribunal, and they must provide evidence of a court order and confirmation from the court that they are to attend in person
- to fulfil a legal obligation relating to shared parenting or child contact, including as part of an order or arrangement under the Child Protection Act 1999, and they must provide evidence of a court order or a legal agreement, or
- to assist with or participate in a state or Commonwealth law enforcement investigation or other action at the request or direction of a state or Commonwealth department or law enforcement agency.
What this means- if you and your co parent have an amicable parenting relationship and have not required court intervention or a legal parenting arrangement being in place- you do not have the evidence required to enter Queensland at this time to facilitate shared custody of your children.
If you need assistance in drafting a parenting plan to facilitate shared custody arrangements across the border during these unprecedented times, our office can help.
But spending the money has not been straightforward.
Whilst campaigning for her monumental fundraiser, Barber told the world the money would be distributed across multiple states and charities for bushfire relief. However, the nominated beneficiary of Barber’s fundraiser was the Trustee for NSW Rural Fire Service (RFS) and Brigades Donation Fund.
Why is this a problem?
The RFS donation fund is governed by a “trust deed”. The fine print limits what the Trust can use donations for.
…to or for the brigades in order to enable or assist them to meet the costs of purchasing and maintaining fire-fighting equipment and facilities, providing training and resources and/or to otherwise meet the administrative expense of the brigade which are associated with their volunteer-based service activities…
Effectively, Barber’s $51 million dollar fundraiser can only be spent on equipment, training, resources or administrative costs for RFS brigades. In other words, it cannot be distributed amongst other states or charities as Barber intended.
Given the intense global attention on the issue, the RFS sought the advice of the NSW Supreme Court. The Supreme Court ruled in May, that despite the expectations of Barber and the million or so donors – the money can only be spent as set out in the RFS “trust deed”.
The decision disappointed many donors and Barber herself.
In an attempt to loosen the strict terms of the RFS Trust Deed, the NSW Green Party introduced The Rural Fires Amendment Bill 2020 to the NSW Parliament to change the Rural Fires Act.
Greens MP and justice spokesperson David Shoebridge said:
“We want to ensure the intentions of the more than one million donors are respected and this record donation is able to be used to do more than offset government expenditure on the RFS,”
However, documents tendered to NSW Parliament revealed the RFS have already spent about $20 million of the cash.
Barber has recently spoken out about the Amendment Bill.
“My concern is that if it is not possible to help these people have their money allocated to where they want it to go in this unprecedented instance that this may be the last we see of such generosity on such an international scale”.
The RFS are arguing that the Amendment Bill will undermine public confidence in charities.
What lessons should we take away from this?
1. If you’re setting up a fundraiser – do some due diligence first.
2. Read the fine print.
Ardent Leisure has been formally charged over the tragic death of four people on 26 October 2016 when the Thunder River Rapids ride malfunctioned at Dreamworld on the Gold Coast.
A coronial inquest was conducted into the tragedy which heard that a water pump feeding the ride had broken down causing a sudden drop in the water levels.
The inquest made findings of a series of failures at the park. These included safety and maintenance systems that the coroner described as “rudimentary at best” and “frighteningly unsophisticated”.
Coroner James McDougall stated there had been a “systemic failure by Dreamworld in relation to all aspects of safety”. Mr McDougall further stated that he was referring parent company Ardent Leisure to the Office of Industrial Relations for a possible breach of workplace laws.
Ardent Leisure released a statement to the Australian Stock Exchange that three charges had been filed against the company under the Work Health and Safety Act (‘the Act’). They indicated that they would update the market when the matter has been determined.
The charges allege that the company failed to comply with a health and safety duty which exposes an individual to a risk of death or serious injury. The charges laid are the maximum charges that are in the Act.
Under the Act each breach holds a maximum penalty of 1.5 million, or 4.5 million in total.
Queensland Industrial Relations Minister Grace said she welcomed the charges laid by the Work Health and Safety prosecutors and was supportive of swift action.
These charges against Ardent Leisure are next before the Southport Magistrates Court on 29 July 2020.
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