Clarity Law

Specialist Criminal Law Firm Queensland
Monday, 06 September 2021 02:57

Deciding How to Plead to a Criminal Offence

Written by Jacob Pruden

Every person charged with a criminal offence has to, at some stage, make a difficult decision; to plead guilty or not guilty?

This guide proposes to concentrate of some of the things a defendant should consider when they are deciding whether to plead guilty or not guilty to a criminal charge. Traffic offences will not be included.

Pleading guilty to a criminal offence can have serious consequences for a defendant. So how to make the difficult decision?

Wednesday, 17 February 2021 05:19

Case Conferencing Assault Charges in Queensland

Written by Steven Brough

In Queensland, if you are charged with an assault charge, it is quite common for your lawyer to try and negotiate that charge with the Police Prosecution Unit or the Department of Public Prosecutions (“DPP”) to try and get a better outcome for you. This process is known as case conferencing. The case conferencing process is designed to try and streamline the facts the Court will get, or in some cases for the Prosecutor to decide whether or not the charge should proceed at all or at least in its current form. Because we have carried out so many assault charges, we are often asked what type of case conferencing can occur and this article is designed to try and summarize some of the case conferencing successes that we have had with assault charges.

Sunday, 29 November 2020 01:01

Quick Guide to Community Service Orders

Written by Lucy Ferguson

A Community Service Order or CSO is one of the options open to Queensland courts when sentencing an individual. A Community Service Order requires an individual to complete unpaid community service under the supervision of a corrective services officer for a set number of hours determined by the court. The order can only be made with the consent of the individual being sentenced.

Monday, 14 September 2020 07:28

Defences to an Assault Charge

Written by Lucy Ferguson

In Queensland a prosecutor must prove on the evidence that a person committed an offence. A person who is charged with a criminal offence may defend themselves by relying on a number of defences or combination thereof.

If successful, a defence may result in a charge being reduced to a lesser offence, the charges being dropped, or a person being acquitted (found not guilty) of the offence. The two most common defences used against assault charges are Provocation and Self Defence. While these are the most common, there are a number of other factors that can help build a possible defence.

Tuesday, 11 August 2020 01:30

Police questioning and your right to silence in Queensland

Written by Steven Brough

In our opinion people in Queensland far too easily give up their right to silence when speaking to police. Often a person’s willingness to talk to police results in charges being bought or harsher penalties in court.

With limited exceptions you only need to go with the police station for an interview if you are formally arrested for an offence or formally detained for questioning about an indictable offence.

Over the past 20 years I have had hundreds of calls from people asking my advice on whether to talk to police. In those 20 years I have never once advised a client to give a voluntary statement to police. I hope in this article to explain why.

Sunday, 24 November 2019 00:02

Shoplifting in Queensland

Written by Steven Brough

Stealing items from a shop (shoplifting) is one of the more common charges Queensland magistrate courts deal with on a day to day basis. There is no defined group that commit this charge, more than other types of criminal charges it spans all genders, races and socio-economic groups.

Wednesday, 06 November 2019 07:09

Quick Guide to Assault Occasioning Bodily Harm

Written by Steven Brough

As part of our ongoing quick guide series we are looking at various criminal charges in Queensland in more detail. Today we are looking at assault occasioning bodily harm mostly abbreviated to AOBH.

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