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  • Criminal Code, Criminal Law Offences, Brisbane lawyers, Qld
    A criminal offence is a legal wrong that can be followed by criminal proceedings and may result in punishment Williams G Textbook of Criminal Law 2nd ed Stevens Sons 1983 p 27 The main difference between crimes and other legal wrongs is that crimes are punishable through criminal proceedings where sanctions can be imposed The conduct is taken from the control of private individuals and regulated by the state In QLD the Criminal Code is the main source of criminal law offences The Criminal Code sets out all criminal offences in Queensland with a description of each and a maximum penalty Call Aitken Whyte Lawyers for solutions and results for expert and experienced advice to represent you at this important time or if you want to learn more about Crime Criminal Law in Queensland For Brisbane and surrounding areas including Ipswich Redlands Logan Redcliffe and Caboulture call 07 3229 4459 or email us Office Location and Contact Details Brisbane Aitken Whyte Lawyers Level 2 303 Adelaide Street Brisbane Ph 617 3229 4459 Fax 617 3211 9311 E enquiries awbrisbanelawyers com au Contact 07 3229 4459 Email Related Articles Crime Criminal Law Assault Law Bodily Harm and Wounding Bail Burglary Centrelink

    Original URL path: http://www.awbrisbanelawyers.com.au/c-criminal-code-offence-proceedings-criminal-defence-lawyers-brisbane-solicitors.html (2015-11-27)
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  • Double Jeopardy Queensland, Brisbane lawyers, Qld, Australia
    show that where the person has previously been convicted or acquitted on indictment that They could have been convicted on that indictment of the offence with which the person is now charged or That the offence upon which the person was convicted or acquitted was one on which the person might be convicted upon the indictment or complaint on which he or she is now charged There is an exception to this section under s678B and s678C Under s678B the court may order a retrial for an acquitted person to be retried for the offence of murder if it is satisfied that there is both fresh and compelling evidence against the acquitted person and in all circumstances it is in the interest of justice for that order to be made Under s678C the court may order an acquitted person to be retried for a 25 year offence if satisfied that the acquittal is a tainted acquittal and in all circumstances it is in the interests of justice In R v Viers 1983 2 Qd R 1 the court ordered a permanent stay of proceedings where an attempt by the prosecution to charge a person on indictment with possession of cannabis in respect of which he had been previously summarily convicted constituted an example of double jeopardy Call Aitken Whyte Lawyers for solutions and results for expert and experienced advice to represent you at this important time or if you want to learn more about Crime Criminal Law in Queensland For Brisbane and surrounding areas including Ipswich Redlands Logan Redcliffe and Caboulture call 07 3229 4459 or email us Office Location and Contact Details Brisbane Aitken Whyte Lawyers Level 2 303 Adelaide Street Brisbane Ph 617 3229 4459 Fax 617 3211 9311 E enquiries awbrisbanelawyers com au Contact 07 3229 4459

    Original URL path: http://www.awbrisbanelawyers.com.au/c-double-jeopardy-queensland-lawyers-brisbane-solicitors.html (2015-11-27)
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  • Drug Laws, Drug Possession Laws, Brisbane lawyers, solicitors, Qld
    of dangerous drug and whether the supply is aggravated Supply is aggravated if the offender is an adult and supplies the drugs to either a minor an intellectually impaired person a person within an educational or correctional facility or a person whom does not know they are being supplied with drugs As defined in section 4 supply means give distribute sell administer transport or supply Producing Dangerous Drugs Section 8 makes it an offence for a person to unlawfully produce dangerous drugs The maximum penalty depends on the type of drugs quantity of drugs and whether the person was drug dependant and ranges from 15 to 25 years In R v Geary 2003 1 Qd R 64 the appellant was convicted with a charge of producing methylamphetamine with the circumstance of aggravation regarding the quantity The charge was brought under the extended definition of produce under section 4 where the doing of any act preparatory to or for the purpose of production is deemed to constitute production In this case there was evidence that the appellant provided people substantial sums of money to enable them to shop for Sudafed tablets throughout North Queensland and a chemist was called by the prosecution to prove that a large amount of methylamphetamine could have been produced from the amount of Sudafed involved The court held that a circumstance of aggravation could only be established where the actual quantity of the drug produced exceeded the prescribed amount which did occur in this case Possessing Dangerous Drugs Section 9 makes it an offence for a person to unlawfully possess a dangerous drug The maximum penalty depends on the type of drugs quantity of drugs and whether the person was drug dependant and ranges from 15 to 25 years An example of possession was found in R v Phan 2008 QCA 258 where the appellant owned and occupied a house which the police raided On searching the premises the police found a quantity of heroin in the concealed compartment of the wardrobe in the study of the house The appellant denied owning the heroin however the jury found him guilty of possession Possessing a relevant substance or thing Section 9A makes it an offence to possess a relevant substance or thing The maximum penalty is 15 years imprisonment A relevant substance or thing is a substance that is or contains a controlled substance substances that together are or contain a controlled substance or a thing specified in schedule B including condenser distillation head heating mantle manual or mechanical pill press including a pill press reaction vessel rotary evaporator or a splash head Drug Diversion Program For a minor drug offence the court may offer the guilty party an opportunity to attend or order the guilty party to attend and complete a drug diversion program If the court is satisfied that the defendant attended and completed the drug diversion assessment program as required they may strike out the proceeding for the charge of the minor drug offence

    Original URL path: http://www.awbrisbanelawyers.com.au/c-drug-possession-laws-supply-trafficking-sentencing-lawyers-brisbane-solicitors.html (2015-11-27)
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  • Extortion Lawyer, Extortion, Brisbane lawyers, solicitors, Qld
    a person with an intent to gain a benefit In order to establish extortion is it necessary to prove the following elements A person makes a demand without reasonable cause With an intent to gain a benefit for any person or cause a detriment to any person and With a threat to cause detriment to any person The maximum penalty for extortion is 14 years However if carrying out the threats would be likely to cause serious personal injury to a person or substantial economic loss on an industrial or commercial activity the maximum sentence increases to life imprisonment An example of extortion occurs in R v Cifuentes 2006 QCA 566 where a police officer was found guilty after he threatened a member of the public who had previous drug related charges to pay 15 000 or his house families and friends houses would be searched and his children taken away R v Stratton 1992 QCA 102 is another example where the offender pleaded guilty to four counts of extortion The offender had trapped the victim into an apparently innocuous and accidental encounter leading to sexual intercourse which was videotaped The offender then demanded 500 000 then 300 000 then 250 000 from the victim Call Aitken Whyte Lawyers for solutions and results for expert and experienced advice to represent you at this important time or if you want to learn more about Crime Criminal Law in Queensland For Brisbane and surrounding areas including Ipswich Redlands Logan Redcliffe and Caboulture call 07 3229 4459 or email us Office Location and Contact Details Brisbane Aitken Whyte Lawyers Level 2 303 Adelaide Street Brisbane Ph 617 3229 4459 Fax 617 3211 9311 E enquiries awbrisbanelawyers com au Contact 07 3229 4459 Email Related Articles Crime Criminal Law Assault Law Bodily Harm and

    Original URL path: http://www.awbrisbanelawyers.com.au/c-extortion-criminal-defence-lawyers-brisbane-solicitors.html (2015-11-27)
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  • Fail To Stop For Police Queensland Penalties, Evade Police, Criminal Defence Lawyers Brisbane
    significant aspect of this offence are the mandatory provisions A conviction under this provision carries mandatory minimum penalties and a mandatory licence disqualification period The extent of the minimum penalty imposed for a conviction will depend upon whether the driver is a participant in a criminal organisation or not For a driver to be classified as being a participant in a criminal organisation they must come within the scope of the definition contained in s 60A Criminal Code Act 1899 Qld whereby they are a participant in a criminal organisation by way of either seeking to be a member or asserting their membership or attending meetings or gatherings or taking part in the affairs of the organisation Drivers who are found to be within this category are subject to a mandatory minimum penalty of 100 penalty units or 100 days imprisonment in a correctional facility All other persons convicted who do not class as being a participant in a criminal organisation face a mandatory minimum penalty of 50 penalty units or 50 days imprisonment in a correctional facility These are harsh minimum punishments for the offence and the discretion in sentencing has to an extent been taken out of the court s hands by the government It is important to note the use of the words correctional facility in these provisions Following an amendment to the Act it is now mandatory that the minimum imprisonment periods are served wholly in a correctional facility This has effectively removed the potential for the granting of parole or alternative sentencing options such as probation and suspended sentences In addition to a mandatory penalty or imprisonment period any person convicted of an offence pursuant to this section also faces a mandatory disqualification from holding a Queensland driver licence for a period of 2 years

    Original URL path: http://www.awbrisbanelawyers.com.au/c-fail-to-stop-for-police-evade-offences-criminal-defence-lawyers-brisbane.html (2015-11-27)
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  • Fraud Lawyers Brisbane, Criminal Defence Lawyers, Solicitors Brisbane
    Property belonging to another or Property belonging to the person or which is in the person s possession either solely or jointly with another person subject to a trust direction or condition or on account of any other person Obtains property from any person Induces any person to deliver property to any person Gains a benefit or advantage pecuniary or otherwise for any person Causes a detriment pecuniary or otherwise for any person Induces any person to do an act which the person is lawfully entitled to abstain from doing Induces any person to abstain from doing any act which that person is lawfully entitled to do Makes off knowing that payment on the spot is required or expected for any property lawfully supplied or returned or for any service lawfully provided without having paid and with intent to avoid payment For the purpose of fraud property is defined in s1 and has a very wide definition The maximum penalty for Fraud is 5 years imprisonment However in some cases the maximum will increase to 12 years for example where the offender is an employee of the victim or where the property gained or detriment caused is of or exceeds 30000 An example of this is found in R v Mill 2007 QCA 150 where the appellant was charged with dishonestly applying to his own use the use of another sum of money belonging to a company of which he was the director Call Aitken Whyte Lawyers for solutions and results for expert and experienced advice to represent you at this important time or if you want to learn more about Crime Criminal Law in Queensland For Brisbane and surrounding areas including Ipswich Redlands Logan Redcliffe and Caboulture call 07 3229 4459 or email us Office Location and Contact Details

    Original URL path: http://www.awbrisbanelawyers.com.au/c-fraud-criminal-defence-lawyers-brisbane-solicitors.html (2015-11-27)
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  • Looting and Natural Disasters, Penalties, Lawyers Brisbane, Criminal Defence Lawyers, Solicitors Brisbane
    of stealing Disaster is defined in section 13 of the Disaster Management Act 2003 as a serious disruption in a community where there is loss of human life and widespread or severe loss and damage to property and the environment In order to convict a person of the offence of looting it must be proven beyond reasonable doubt that The property is a thing capable of being stolen The property is owned by a person No consent was given by the owner to take the property There must also have been some physical act of moving or dealing with the property in order to take it There must have been some fraudulent intent to permanently deprive the owner of the thing taken and The offence is committed during a natural disaster civil unrest or an industrial dispute There is also an offence under section 398 5 of the criminal code of stealing by finding Even if property appears to be lost or abandoned due to the floods or any other natural disaster persons other than the owner are not entitled to take it for their own benefit There is a positive requirement on a person who finds property to hand it into the authorities There are a number of defences under the criminal code available to persons charged with looting Under section 22 2 a person will not be criminally liable if they had an honest claim of right to the property Section 24 states that a person who acts under an honest and reasonable mistake of fact will not be criminally responsible to any greater extent than if the real situation had been such as the person believed to exist When imposing a penalty for looting the courts will take into account deterrence to the individual and the community

    Original URL path: http://www.awbrisbanelawyers.com.au/c-looting-natural-disasters-crime-criminal-defence-lawyers-brisbane-solicitors.html (2015-11-27)
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  • Murder, Manslaughter, Brisbane Criminal Lawyers, Qld
    an act of self preservation which caused the death does not break this causal connection In R v Blaue 60 Cr App R 271 it was held that the death of the victim was caused by loss of blood as a result of the stab wounds inflicted by the defendant The victim due to her religion had refused a blood transfusion The defendant was found to have killed the victim Murder Section 302 sets out the circumstances which a person who unlawfully kills will be guilty of murder If the offender intends to kill or cause grievous bodily harm to the person killed or some other person If the death is caused by means of an act done in the prosecution of an unlawful purpose and the act is of a nature likely to endanger human life If the offender intends to do grievous bodily harm to some person for the purpose of facilitating the commission of a crime or for the purpose of facilitating the flight of an offender who has committed or attempted to commit such a crime The crime must be such that the offender may be arrested without warrant If death is caused by administering any stupefying or overpowering thing for either of the purposes mentioned in paragraph 3 If death is caused by wilfully stopping the breath of any person for either of the listed purposes In R v Moloney 1985 81 Cr App R 93 it was held that the mental element in murder consists of an intention to kill or cause serious injury and not merely of foresight that death or serious injury will be a probable consequence of their act A person who is found guilty of murder under section 305 is liable to life imprisonment or an indefinite sentence Part 10 Penalties and Sentences Act 1992 Further if the defendant is being sentenced on more than one conviction of murder or another offence of murder is being taken into account the person may not be released from imprisonment until a minimum of 20 years has been served Manslaughter Section 303 provides that a person who unlawfully kills another under such circumstances as not to constitute murder is guilty of manslaughter A person who is guilty of Manslaughter under section 310 is liable to a maximum sentence of imprisonment for life Attempt to Murder Section 306 makes it an offence to attempt to unlawfully kill another person A person found guilty of attempted murder is liable to imprisonment for life Aiding Suicide Section 311 makes it an offence to procure counsel or aid another to kill himself herself A person found guilty of aiding suicide is liable to imprisonment for life Partial Defences There are various partial defences available in the Criminal Code for Murder Section 304 Killing on Provocation If a person murders another and the act which causes the death is done in the heat of passion caused by sudden provocation before there is time for the persons passion to

    Original URL path: http://www.awbrisbanelawyers.com.au/c-murder-manslaughter-homicide-criminal-lawyers-brisbane.html (2015-11-27)
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