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Driving Offences

We have a dedicated webpage devoted to all aspects of driving law in queensland including DUI's, dangerous driving, hardship and work licences.  Just head to www.drivinglaw.com.au

Fraud

Centrelink fraud

Intentionally providing Centrelink with incorrect or misleading information is an indictable offense under Australian law.  The offence can be committed in numerous ways; a person may fill out the forms with incorrect information, submit false statements, use multiple identities, fail to disclose all the relevant information they are obliged to disclose or they will fail to keep Centrelink updated with the latest information.

Section 135.2 of the Commonwealth Criminal Code stipulates that it is an offence for a person to obtain financial advantage, for themselves or for another person, which they are not eligible to receive, from a commonwealth entity.  The maximum penalty is 12 months imprisonment.  Centrelink fraud is treated very severely by the courts largely to deter any person from committing the crime as it is difficult to detect. 

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Stealing

Stealing is the term used to describe a broad range of offences in Queensland and includes the term “theft” which is widely used in other legal systems.  The definition of stealing is broad enough to include many different situations.   You should always seek legal representation for a stealing charge as the consequences, including the recording of a conviction, is potentially so severe and can have a serious and ongoing effect on your future.

 

What is stealing?

The offence of stealing can only be committed with regard to things “capable of being stolen.” The things capable of being stolen are the things which are moveable, or which can be made moveable. Immoveable things such as land and buildings cannot be stolen. Our Criminal Code specifies two ways in which this offence can be committed;

  1. Fraudulently taking anything capable of being stolen, or
  2. Fraudulently converting anything capable of being stolen to one’s own use or the use of somebody else.

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Drugs

A drug charge in Queensland is dealt with very seriously in the courts.  There are a wide variety of drug offences ranging from simple possession to more serious charges such as producing dangerous drugs and trafficking.  The seriousness of a drug charge depends on the drug involved, the amount of the drug and whether a person was merely possessing drugs or had an intention of selling those drugs.  

The government has separated drugs into 2 different classifications being schedule 1 drugs and schedule 2 drugs.  Schedule 1 drugs are considered the most serious category of drugs.

 

What are schedule 1 and schedule 2 drugs?

Schedule 1 drugs are considered to be the most dangerous drugs; the penalties in relation to them are more severe.  A few examples for the schedule 1 drugs are cocaine, heroin, LSD, amphetamines and speed. 

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Assault

At Clarity Law our main focus is providing legal advice and representation to clients charged with committing an assault.  An assault charge can result in quite harsh penalties from the courts and the prospect of a criminal conviction preventing a person from travelling overseas or obtaining work.

There has been and remains a hardening attitude to assaults by the Queensland courts.  Where once the court would have merely imposed a fine they are more likely now to impose a jail sentence.  The courts have continued to state that they will be increasing penalties for violence to act as a deterrence.

 

What is assault?

The definition of an assault is where a person strikes, touches, moves, or otherwise applies force of any kind to another person, directly or indirectly, without the other person’s consent or threatens to apply force of any kind to another provided that the person making the attempt or threat has the ability to carry it out.  As you can see the definition of assault is wide enough that you can be charged with assault merely by threatening an assault.

 

Are there different types of assaults?

There are a number of different types of assault charges in Queensland ranging from common assault to assault occasioning grievous bodily harm.

 

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