Clarity Law

Specialist Criminal Law Firm Queensland
Steven Brough

Steven Brough

Steven Brough is a criminal defence lawyer and founder of Clarity Law with over 22 years experience he has appeared in almost every court in Queensland representing clients charged with criminal offences and getting them the best outcome possible.

Website URL: https://www.claritylaw.com.au/about-us/our-team/steven-brough.html Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Ipswich Criminal law firm

When facing criminal charges, it's crucial to have the right legal representation by your side. If you find yourself in such a situation in Ipswich, Queensland, Clarity Law is the law firm you can trust. With a proven track record of success and a team of experienced criminal lawyers, we are dedicated to providing top-notch legal support tailored to your specific needs.

Criminal charges we cover

Assaults

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 harsher sentence. The courts have continued to state that they will be increasing penalties for violence to act as a deterrence. You need a lawyer and a law firm with extensive experience with assault charges.

Learn more about assault charges

 

Bail Applications

Bail is where a person enters a written bond committing to appear before the court to answer criminal charges made against them, promising to pay the sum of money to the court if the accused does not appear.

Learn more about bail in Queensland

 

Centrelink Fraud

Centrelink fraud is one of the most common commonwealth charges that a person can be charged with. Centrelink fraud which involves false claiming of Centrelink benefits. Centrelink fraud is a serious charge and is viewed as such by courts and prosecutors and can often result in a prison sentence being imposed.

Learn more about Centrelink fraud charges

 

DVO Breaches

The charge of breaching a domestic violence order is on the rise in Queensland. Clarity Law can provide information and guidance to someone charged or accused of breaching a domestic violence order in Queensland. The courts are imposing harsher and harsher penalties due to public pressure so act now and get legal advice to protect yourself.

Learn more about DVO Breaches

 

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.  

Learn more about drug charges in Caboolture

 

Fraud

The term “fraud” covers a broad range of behaviours that fall outside the narrower offence of stealing but are nevertheless designed to deprive someone else of their property, or some interest therein. The common thread that ties these behaviours together is that they are done “dishonestly.” Fraud can also related to dishonest actions in regards to tax debts

Learn more about fraud charges

 

Making a false declaration in Queensland

According to the Statutory Declarations Act 1959, making a false declaration is a criminal offence. Section 11 of the Act states that a person must not intentionally make a false statement in a statutory declaration. The maximum penalty for this offence is 4 years imprisonment.

Learn more about Making a false declaration in Queensland

 

Obstruct or Assault Police

The charge of assault or obstruct police is a very common charge in Queensland and one that people who otherwise have never been in trouble with police are often charged with. If the offence was committed in or near a public place then community service may need to be imposed.

Learn more about obstruct or assault police charges

 

Public Order Offences

Public order offences are intended to penalise the use of violence and intimidation by individuals or groups in criminal law. Rioting, affray, drunk and disorderly behaviour, inciting racial or religious hatred or assaulting emergency workers are examples.

 

Stalking

A charge of stalking is a very complex and serious charge under Queensland law, stalking charges are being laid by police at increasing levels.  Queensland was the first state in Australia to have stalking legislation and it has one of the strictest laws about stalking in Australia. It is an extremely complex area of the law.

Learn more about stalking charges

 

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 from shoplifting to stealing from an employer. This is a charge where the recording of a conviction can result in serious ongoing punishment.

Learn more about stealing charges

 

Sexual offences

Sexual offences are obviously some of the most sensitive charges under the law. They can range from indecent treatment charges to sexual assault and rape. It is critical to get fast and detailed advice from a lawyer if you have been accused of a sexual offence as it is incredibly easy to say the wrong thing and that mis-statement could lead to charges being bought, bail being denied and a person found guilty even when they are not.

 

Traffic Offences

We undertake all traffic offences that would lead to an appearance or court or applications for a work licence or hardship licence.

Learn more about traffic offences on our dedicated traffic lawyer website

 

Trespass

A trespass charge will arise when a person either unlawfully enters or remains in either a dwelling or place.

Learn more about trespass charges

 

Using Carriage Service to Menace or Harass

The Commonwealth Criminal Code Act 1995, section 474, creates a number of offences connected with the illegal use of phones and computers. This can range from attempting to defraud someone using a phone or computer, to intercepting phones (wiretaps), to threating or menacing another person.

Learn more about Using Carriage Service to Menace or Harass

 

Weapon Charges

Weapon offences are quite common. Then often deal with either possessing a class of weapon the person is not licenced for or involves the incorrect storage of weapons or ammunition.

 

Wilful Damage

Wilful damage is a charge under section 469 of the Queensland criminal code. Wilful damage is an offence where a person intentionally and unlawfully destroys or damages any property. The maximum penalty for wilful damage is 5 years imprisonment 

Learn more about wilful damage charges

 

Wilful Exposure

Wilful exposure is an offence which arises when a person wilfully exposes his, her or their genitals in a public place, unless that person has a reasonable excuse.

A person may also be guilty of Wilful exposure if, from a private place, that is so close to a public place that it could be seen from a public place, they wilfully expose their genitals so that they may be seen from the public place, without reasonable excuse.

Learn more about wilful exposure offences

 

The police want to talk to me what should I do?

Never talk to the police without first speaking to a lawyer. One misspoken sentence could ruin your life.

Its critically important to exercise one's right to silence when facing arrest in Queensland. There is a common tendency for individuals to willingly speak to the police, often resulting in unintended self-incrimination or harsher penalties in court. Unless your lawyer tells you differently (and they 99% of the time won’t) we strongly advise against voluntarily providing statements to the police.

Learn more here

 

Why Choose Clarity Law?

  1. Expertise in Criminal Law: At Clarity Law, we specialize exclusively in criminal law. Our team of experienced lawyers has a deep understanding of Queensland's legal system, ensuring that you receive the best possible defence. We have successfully handled a wide range of cases, from traffic offenses to serious criminal charges, and our expertise covers both state and federal matters.

  2. Proven Track Record: Our firm has a history of achieving favourable outcomes for our clients. We have successfully defended numerous cases, earning a reputation for excellence in criminal defence in Ipswich and beyond. Our lawyers are well-versed in building strong cases, negotiating with prosecutors, and, when necessary, aggressively representing clients in court.

  3. Personalized Approach: We understand that every case is unique, and we treat each client with the individual attention and care they deserve. Our lawyers take the time to thoroughly review the details of your case, ensuring that no stone is left unturned in building a robust defence strategy.

  4. Transparent Communication: Clear and open communication is essential during legal proceedings. At Clarity Law, we make sure our clients are kept informed at every step of the process. We explain complex legal concepts in a straightforward manner, allowing you to make informed decisions about your case.

  5. Local Knowledge: Being based in Queensland, we have a deep understanding of the local legal landscape, including the Ipswich jurisdiction. This local knowledge can be a significant advantage in building a strong defence tailored to the specific circumstances of your case.

  6. Commitment to Client Success: Our ultimate goal is to achieve the best possible outcome for our clients. We work tirelessly to protect your rights and interests, whether that means negotiating a favourable plea deal or mounting a vigorous defence in court.

How We Can Help:

  1. Defending Against Various Charges: Whether you're facing charges related to traffic offenses, drug offenses, assault, or more serious criminal allegations, our team has the expertise to handle a wide range of cases.

  2. Providing Legal Guidance: We understand that the legal process can be overwhelming. Our lawyers are here to guide you through every step, ensuring you have a clear understanding of your options and the potential outcomes of your case.

  3. Aggressive Representation: When necessary, we are prepared to fight vigorously for your rights in court. Our lawyers have a reputation for being tough advocates for our clients, working tirelessly to secure the best possible outcome.

 

Conclusion:

When it comes to choosing a criminal lawyer in Ipswich, Queensland, Clarity Law stands out for its expertise, track record of success, and commitment to client satisfaction. With a personalized approach and a deep understanding of the local legal landscape, we are dedicated to providing the highest level of legal representation. Contact us today for a confidential consultation and take the first step towards securing your future.

 

How do I get more information or engage you to act for me? 

If you want to engage us or just need further free information or advice then you can either;

  1. Use our contact form and we will contact you by email or phone at a time that suits you

  2. Call us on 1300 952 255 seven days a week, 7am to 7pm

  3. Click here to select a time for us to have a free 15 minute telephone conference with you

  4. Email the firms founder on This email address is being protected from spambots. You need JavaScript enabled to view it.

  5. Send us a message on Facebook Messenger

  6. Click the help button at the bottom right and leave us a message

We are a no pressure law firm, we are happy to provide free initial information to assist you. If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost. All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission or until we are legally allowed to.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

Thursday, 12 October 2023 12:03

What is a court mention?

 What is a court mention

A court "mention" is a term that is used every single day in the courts in Queensland but what does it actually mean?

 

What does a “mention” mean?

A the meaning of a mention is actually quite simple, it is where the magistrate or judge will “mention” a matter in the court.  Its purpose is really an opportunity for the judge to find out what’s happening so they can keep the matter progressing through the court system and for any of the parties to raise any issues.

A mention is different to a hearing or a sentence date as it is not always expected that anything of substance would happen at a mention.

               

First mention

There will always be a first mention of a matter after someone has been arrested. They may be given bail to a first mention date or given a notice to appear in court for a first mention date.

At the first mention date generally the court would be looking for a person to either adjourn the matter to another mention date or plea guilty to a matter or plead not guilty and have the matter set down for a trial.

As it is just a mention if something more complex like a bail application is to occur the court may decide to adjourn that to another date as generally mention won’t do applications or sentences that will take longer than 10-15 minutes.

The courts will almost always grant an adjournment on the first mention court date especially if it is to get legal advice.

At a first mention the police prosecutor should provide the defendant with a copy of their QP9 if they haven’t already. The QP9 is a summary of the facts the police say establish that the defendant is guilty of the offence

You can learn more about QP9’s by reading our article on what is a QP9?

 

Further court mentions

Complex matters often have a number of mentions throughout the course of the matter. Negotiations with a prosecutor can take time and so a few mentions in court may be required while the negotiations continue.

In our experience if a person has not obtained legal representation then each further adjournment request at a mention will be harder and after 2-3 mentions the court might require someone to enter a plea of guilty or not guilty.

 

How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

  1. Use our contact form and we will contact you by email or phone at a time that suits you

  2. Call us on 1300 952 255 seven days a week, 7am to 7pm

  3. Click here to select a time for us to have a free 15 minute telephone conference with you

  4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

  5. Send us a message on Facebook Messenger

  6. Click the help button at the bottom right and leave us a message

We are a no pressure law firm, we are happy to provide free initial information to assist you. If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost. All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

 

Other articles that may be of interest

 

Help A Family Member Has Been Arrested What Can I Do

It can be quite the shock when a family member or partner is suddenly arrested. There will be stress, confusion and a desire to try and help.

This article is for family members or partners of some one who has been arrested.

The arrest process

The police are not required to give someone notice that they intend to come and arrest them. The police might very well turn up later in the day or on the weekend.

In general the police will make a formal arrest, detain the accused and take them for questioning.

At this stage you should:

  • If present then get details of the officers and where they are being taken

  • Note down any relevant things the police may have said

  • Don’t contact any witnesses

  • Don’t try and explain anything about the alleged offence to the police

It is absolutely critical for ever Queenslander who is taken in for question to remember that apart from the questions below no one should give an statement or information to a police officer without legal advice. Helping the police at this point will at the best not affect the case against someone but at worse will see them convicted based on what they say.

It’s worth repeating DO NOT TALK TO POLICE without legal advice.

We have a couple of articles that goes more in depth on this issue.

The only questions you need to answer are:

  • your name and address
  • date and place of your birth 

Where have they been taken?

The accused will be taken to a local watchhouse. The locations of local watch houses overlap and some close on the weekends so the accused may be taken to a larger watch house further away.

This is why it’s a good idea to ask police which watch house they are taking the family member to.

Can I attend the police interview?

The accused has the right to request a support person and have that support person attend a police interview.

The accused also has the right to speak to a lawyer.

You would have seen earlier however we strongly advice no one to talk to police at all and certainly not until they have legal advice. If a family member asks you to attend a formal interview you should;

  • Attend the interview

  • Ask the police to explain the right to silence to the family member

  • Tell the family member they should not answer any police questions until they speak to a lawyer

  • Not answer questions for the family member in the police interview or give information or your opinion on any allegations the police pout to the family member during a police interview.

Again It’s worth repeating DO NOT TALK TO POLICE without legal advice.

Can I talk to them in custody?

The police don’t need to allow the family member to call you however most the watch house staff are generally pretty good at allowing at least one call to family.

How long can the police hold them?

The police can detain someone for 8 hours and during that time question them for up to 4 hours. The police would then need to make a decision as to whether they will grant police bail. See below about bail.

What can I do to help?

The most important thing anyone can do to help a husband, wife, son, brother or another family member facing questioning by police or who has already been arrested is get them a lawyer and do it urgently.

Time matters in these situations. A lawyer can quickly contact the police officers and ask to speak to the family member and can give them legal advice.

Remember the family member can say things to police, even innocently, that will mean they will be found guilty of an offence. We see it every single week. Someone has been arrested, they think they can talk the police and prove they are innocent, they say something that leads to;

  1. Admitting all or part of the legal requirements for an offence conviction

  2. Preventing their lawyer from being able to negotiate with the prosecutor to withdraw or reduce a charge

  3. Preventing a valid defence being used at trial

Everyday people in Queensland talk to police and as a result of talking to police are found guilty of an offence. Many, if they had just invoked their right to silence, would never have had charged bought against them or if they had they would have been found not guilty.

Again It’s worth repeating for the third time DO NOT TALK TO POLICE without legal advice.

Will they get bail?

Bail under Queensland law in its simplest form is a promise by the defendant to go to the court on another date. If bail is granted they are released from custody and don’t have to remain in custody while there matter goes through the court.
If the family member is arrested then the police must make a decision as to whether they will be granted bail or not. If they are granted bail they can leave the watch house. If they are not granted bail then they must be bought before Magistrate as soon as possible. This would generally be the next morning (or if it’s the weekend then by Monday morning).

If a Magistrate is to make a decision on whether to grant bail the presumption is they should get bail (except for certain serious offences). However the Magistrate will refuse bail if there is an unacceptable risk that the defendant, if released on bail—

  • would fail to appear and surrender into custody; or
  • would, while released on bail—

o   commit an offence; or

o   endanger the safety or welfare of a person who is claimed to be a victim of the offence with which the defendant is charged or anyone else’s safety or welfare; or

o   interfere with witnesses or otherwise obstruct the course of justice, whether for the defendant or anyone else; or

o   that the defendant should remain in custody for the defendant’s own protection.

In deciding whether there is an unacceptable risk as stated above, the Magistrate must have regard to matters including:

  • the nature and seriousness of the offence;

  • the character, antecedents, associations, home environment, employment and background of the defendant;

  • the history of any previous grants of bail to the defendant;

  • the strength of the evidence against the defendant;

  • if the defendant is an Aboriginal or Torres Strait Islander person—any submissions made by a representative of the community justice group in the defendant’s community;

  • if the defendant is charged with a domestic violence offenceor an offence against the Domestic and Family Violence Protection Act 2012section 177 (2)— the risk of further domestic violence or associated domestic violence being committed by the defendant. Bail for Domestic Violence offences are what is known as show cause bail applications.

You can learn more about bail by clicking on our bail article.

If the family member doesn’t have a private lawyer then the duty lawyer will visit them in the watch house. However the duty lawyer is very busy so will only have a few minutes to talk.

If they don’t get bail what happens?

If bail is not granted then the family member will remain in custody until the charges are finalised or if bail is granted by a judge of the Supreme Court.

They will be moved as soon as possible to a prison or remand centre. This can take several days. You can find out when they arrive at the prison by:

  • using the search for prisoners form
  • emailing This email address is being protected from spambots. You need JavaScript enabled to view it..

Once they are in prison you can arrange to visit and the family member can also call you.

The first court appearance

After the Court refuses bail they will set a date for the next court appearance. This could be in several weeks time.

You will be able to attend the court on that date (unless the Magistrate closes the court ). The family member will likely appear by video link not in person.

I’m really stressed

Thats really understandable. We also suggest family members see their doctor to get help with coping with a family member in prison.

Don’t try and take all the problems on your own shoulders.

How can I help my family member cope with the charges?

What you need to understand for a prisoner life slows down. They have all day to think about their situation and this can cause them quite a lot of stress.

You will need to remember they will be stressed when they ring you and other family members. Try and keep their hopes up but don’t give them false hope.

Their lawyer will be able to answer any legal questions so try and just concentrate on other things.          

What difference will a lawyer make?

It will make all the difference. Having lawyer will best protect their rights, increase their chances of bail and either defend them at trial or reduce their sentence if they plead guilty.

A summary of what a lawyer can do for your family member is:

  • Protect their rights

  • Look for possible defences

  • Get bail

  • Explain the process to the family

  • Update the family on what is occurring

  • Get an enduring power of attorney signed so the family can take pay the family members bills like rent, phone bills and keep their “outside life going”

  • Reduce the sentence

Why should I engage Clarity Law?

Quite frankly we care about getting the right outcome for our clients and helping them through one of the most difficult times in their lives.

In the face of a criminal law charge, selecting the right legal representation is paramount, and Clarity Law offers a unique blend of proficiency and empathy that sets us apart. Our firm is dedicated to providing clarity in the often complex world of criminal law. We believe that every client deserves a clear understanding of their rights and the legal process they're navigating.

Our experienced team of lawyers approaches each case with a commitment to open communication, ensuring you're informed every step of the way. With a proven track record of securing favourable outcomes, we have the expertise to navigate even the most intricate legal challenges.

At Clarity Law, we strive not only to be your staunch advocates but also to provide a supportive, understanding environment during this trying time. Choosing Clarity Law means choosing a team that will tirelessly work to protect your rights and pursue the best possible outcome for your case.

You can read more about our founder, Steven Brough’s, journey to starting Clarity Law by clicking here.

How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

  1. Use our contact form and we will contact you by email or phone at a time that suits you

  2. Call us on 1300 952 255 seven days a week, 7am to 7pm

  3. Click here to select a time for us to have a free 15 minute telephone conference with you

  4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

  5. Send us a message on Facebook Messenger

  6. Click the help button at the bottom right and leave us a message

We are a no pressure law firm, we are happy to provide free initial information to assist you. If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost. All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

Other articles that may be of interest

supply dangerous drug

In the recent case of R v Willis [2023] QSC 190 in the Supreme Court of Queensland had to decide whether someone could supply a drug to themselves.

The defendant, Dylan Lee Willis, pleaded guilty to a charge of possessing a dangerous drug but not guilty to the charge of unlawfully supplying the (MDMA) to himself. The trial took place in Cairns, and the case was presided over by Judge Henry J. The trial occurred on August 8 and 9, 2023, with the verdict delivered on August 9, 2023.

The prosecution presented a circumstantial case, focusing on the evidence of the arresting officer, a friend of the defendant who lived in the same residence, and various evidentiary admissions.

The evidence showed that on June 6, 2021, the police opened a postal package containing MDMA at the Bungalow Mail Centre in Cairns. The package was addressed to a person named Lilly Ryan at a specific address in Edmonton, Queensland. Subsequently, a search warrant was executed at that address, and in a bedroom, three empty mail packages with similar addresses were found, along with handwritten codes similar to the one on the seized package.

The defendant's friend testified that he had been living with the defendant but provided no details about how long he had lived there or how often the defendant was present at the residence. No evidence was presented about the defendant's employment, habits, or activities, either in Cairns or elsewhere.

The prosecution argued that the evidence was sufficient to sustain the inference that the defendant had some role in the process of ordering and sending the package containing MDMA. However, the judge found that the evidence was too vague to establish the offense of supplying the drug. The judge emphasized that while there were gaps in the evidence, the critical issue was whether there was enough evidence to rationally support the inference sought by the prosecution.

Ultimately, the judge concluded that he proved facts sustained the inference that the accused had some knowing role in the process by which the content of the seized package came to be sent and was to be received. But that inference is too vague of itself to constitute the offence charged there was no evidence capable of proving the guilty inference sought by the prosecution beyond a reasonable doubt. The judge highlighted that there was a lack of evidence showing the defendant's role in the process of ordering, packaging, and sending the drug, and there was no evidence connecting the defendant's actions to an offense in Queensland.

As a result, the judge directed a verdict of acquittal, meaning that the jury was instructed to return a verdict of not guilty due to the lack of evidence to support the charges against the defendant. The judge also noted other difficulties in the prosecution's case, such as issues with the alleged date of the offense and the geographic location.

In summary, the case revolved around the defendant's alleged supply of MDMA to himself, but the judge found that the evidence presented by the prosecution was insufficient to establish the charges, leading to a directed verdict of acquittal.

While the judge did state a person cannot supply a drug to themselves he did not go further in that explanation as he found there was not sufficient evidence of a crime in the first place.

 

Supplying drugs to yourself

In R v Maroney [2000] QCA 310 the court had to decide if someone could supply a drug to themselves.

Briefly the facts of the case were that in a series of telephone calls from the defendant Maroney from his prison to his co-offender Watson, formerly a fellow prisoner but by then released, the defendant initiated and arranged with Watson for the supply to him of heroin in prison. That arrangement was that for a sum of money Watson would procure the co-offender Miller to attend the prison as a visitor for the purpose of conveying a quantity of heroin to an inmate other than the defendant who, in turn, would pass it on to the defendant. Because these telephone conversations were recorded the police were able to intercept Miller with the heroin in her possession. The defendant was a heroin user and he intended it for his personal use.

The case turned on whether you could supply a drug to yourself.

Section 6 of the Drugs Misuse Act 1986 under which the charge was laid provides:

"A person who unlawfully supplies a dangerous drug to another, whether or not such other person is in Queensland, is guilty of a crime."

The key term is “supplies a dangerous drug to another”.

Judge McPherson summed up the difficulty of supplying a drug to yourself as follows

It seems to me to be plain that, in speaking of "another", s 6 predicates the existence of at least two persons, one of whom is the person who supplies the drug and the other the person who is supplied. There must, in other words, be at least one other person ("another"), apart from the supplier, to whom the drug is supplied. In drafting the provisions of s 6, there was strictly speaking no need to have said supplies "to another". It would perhaps have been enough simply to have said "supplies". No doubt, however, the reason why "another" was inserted was so as to go on and make it clear that the offence could be committed if the person to whom the drug was supplied ("such other person") was in Queensland or outside it at the time it was supplied.

All three appeal court judges concluded that a person could not supply a drug to themselves.

However this was not the end of the matter. The criminal code that controls the criminal law in Queensland has the following section:

                "Principal Offenders

7 (1)When an offence is committed, each of the following persons is deemed to have taken part in committing the offence and to be guilty of the offence, and may be charged with actually committing it, that is to say –

  …

(d) any person who counsels or procures any other person to commit the offence.

(2) Under subsection (1)(d) the person may be charged either with committing the offence or with counselling or procuring its commission.

(3) A conviction of counselling or procuring the commission of an offence entails the same consequences in all respects as a conviction of committing the offence.

Two of the three judges found that Maroney had under s 7(1)(d) of the Criminal Code counselling or procuring the other two accused to commit the offence of supplying a drug to him. Section 7(1) of the Code provides that, when an offence is committed, each of a number of specified persons is deemed "to have taken part in the offence"; and "to be guilty of" the offence; and may be charged "with actually committing it". By s 7(1)(d) those persons include any person who counsels or procures any other person to commit the offence. 

In summary if Maroney had been charged alone like in the case of R v Willis he could not be found guilty of supplying a dangerous drug to himself but because he had procured other people to supply the drug to himself then he could be found guilty as he organised others to supply the drug. It was in essence the other co-defendants actions in supplying drugs that caused Maloney to be found guilty.

For more information of supplying dangerous drugs check out our website.

Wednesday, 09 August 2023 17:00

Making a false declaration in Queensland

False Declarations in Queensland

If you've ever dealt with legal matters, you're probably familiar with the concept of a statutory declaration. In Australia, statutory declarations serve as formal, written statements used to affirm the truth of certain facts or matters. They play a crucial role in various legal processes, ensuring transparency and accuracy.

Statutory declarations are often used to verify facts or circumstances for legal purposes, such as applying for a visa, claiming an insurance benefit, transferring a ticket or fine to another person or transferring property.

One essential aspect of statutory declarations is that the information in them cannot be a lie. Lying or making a false declaration on a statutory declaration in Queensland is covered under section 11 of the Statutory Declarations Act 1959.

In this article, we'll delve into the significance of Section 11 and explore two noteworthy cases being R v Ndizeye [2006] QCA 537 and Amin v Queensland Police Service [2020] QDC 260.

Overview

Section 11 states that:

False declarations

A person must not intentionally make a false statement in a statutory declaration.

Penalty:  Imprisonment for 4 years.

 

The Statutory Declarations Act outlines the requirements and conditions that must be met for a person to take a statutory declaration. This legislation emphasizes the importance of understanding the contents of the declaration and the consequences of making false statements. The goal is to ensure that individuals making statutory declarations are fully aware of the legal implications of their statements and that they make truthful declarations.

A false statement in a statutory declaration is one that is not true or correct in some material particular. This means that the statement must be relevant or important to the purpose or effect of the statutory declaration. For example, if you make a statutory declaration to support your visa application, and you falsely state that you have never been convicted of any offence, that would be a false statement in a statutory declaration.

However, not every mistake or error in a statutory declaration amounts to a false statement. The person making the statutory declaration must have an intention to deceive or mislead by making the false statement. This means that they must know that the statement is false, or be reckless or wilfully blind to its falsity. For example, if you make a statutory declaration based on information that you honestly and genuinely believe to be true, but later turns out to be false, you may not have committed an offence under section 11.

Key points of Section 11 include:

  1. Requirement of Understanding: The person making the statutory declaration must have a proper understanding of the declaration's content.
  2. False Declarations: It is crucial for declarants to comprehend that making a false declaration is a criminal offense and may lead to penalties.
  3. Penalties: Penalties for making false declarations can include imprisonment or fines, underscoring the seriousness of the matter.

Now, let's examine how Section 11 has been interpreted and applied in real-life cases.

Case Summaries

R v Ndizeye

In this case, the appellant pleaded guilty to making a false statutory declaration by falsely stating that he was not the driver of a motor vehicle that incurred a speeding infringement but his mother was. He did this to avoid liability for the demerit points. He made the false statutory declaration before a Justice of Peace at the Brisbane Magistrates Court.

The sentencing judge imposed a sentence of 175 hours of unpaid community service within 12 months, disqualified him from holding or obtaining a driver's licence for four months, and ordered that convictions be recorded for each offence.

The appellant appealed against the recording of convictions, arguing that it would affect his employment prospects. He also submitted that he had cooperated with the police, had no previous convictions, had shown remorse, and had performed well on his community service order.

The Court of Appeal upheld his appeal and removed the recording of the conviction. The Court held that making a false statutory declaration was a serious offence that struck at the heart of the administration of justice, and that ordinarily a conviction would be called for but his personal circumstances warranted no conviction being recorded.

 

Amin v Queensland Police Service

In this case, the appellant was convicted, by his plea of guilty, of three offences of making a false statutory declaration by falsely stating that he was not the driver of a motor vehicle at the time that it was detected by a camera for speeding offences. He did this to avoid demerit points and fines.

The presiding magistrate imposed a global fine of $2,500 and ordered that convictions be recorded for each offence.

The appellant appealed against the recording of convictions, arguing that it was manifestly excessive and that it would affect his employment opportunities especially his ability to be able to practice as a medical professional. He also submitted that he had limited criminal history, had shown remorse, had paid the fines, and had a disadvantaged background.

The District Court dismissed his appeal and confirmed the recording of convictions. The Court held that making a false statutory declaration was a serious offence that involved dishonesty and deception, and that the recording of convictions was within range and not manifestly excessive. The Court also noted that the appellant had made three false statutory declarations on separate occasions, which showed a pattern of offending. The Court found that the offences the offences were serious and strike at the heart of the administration of justice.

 

Frequently Asked Questions (FAQ)

What is the purpose of Section 11 of the Statutory Declarations Act (Cth)?

Section 11 ensures that individuals making statutory declarations are aware of the content and consequences of their statements. It emphasizes the seriousness of making false declarations and outlines penalties for such actions.

 

What are the penalties for making a false statutory declaration?

Penalties for making a false statutory declaration can include imprisonment or fines, as outlined in the relevant legislation.

 

Why is understanding the content of a statutory declaration important?

Understanding the content of a statutory declaration is crucial to ensure that declarants are fully aware of the truthfulness of their statements. It helps maintain the integrity of legal processes and prevents the submission of false information.

 

Who can witness a statutory declaration?

A statutory declaration can be witnessed by any person who is authorised by law to do so. This includes justices of peace, lawyers, police officers, doctors, teachers, accountants, engineers, pharmacists, and many other professionals. A full list of authorised witnesses can be found on the Commonwealth Attorney-General's Department website.

 

What is the maximum penalty for making a false statement in a statutory declaration?

The maximum penalty for making a false statement in a statutory declaration is imprisonment for 4 years.

 

What is the difference between a statutory declaration and an affidavit?

A statutory declaration is a formal statement of facts made under oath or affirmation, while an affidavit is a formal statement of facts made under oath. The main difference between the two is that a statutory declaration can be made in front of a witness, while an affidavit must be made in front of a Justice of the Peace, Commissioner of Declaration or a Lawyer.

 

Summary

Section 11 of the Statutory Declarations Act (Cth) makes it an offence to intentionally make a false statement in a statutory declaration. The maximum penalty for this offence is imprisonment for 4 years. It is important to be aware of the consequences of making a false statement in a statutory declaration, as the penalties can be severe. If you are unsure about whether or not you can make a statutory declaration, it is always best to seek legal advice.

Remember, the information provided in this article is intended for general informational purposes only and is not a substitute for legal advice.

Never represent yourself in court

If you have been charged with a criminal offense in Queensland, you may be considering representing yourself in court. However, there are many reasons why this is a bad idea, it is a risky decision that could have severe consequences for your future. In this article, we will explore the critical reasons why you should never represent yourself in court and instead seek the professional expertise of a skilled Queensland-based criminal law firm.

 

You Are at a Disadvantage

The prosecution will have a team of experienced lawyers and police officers working on your case. They will have a deep understanding of the law and the courtroom process. You, on the other hand, will be representing yourself with no legal training or experience. This puts you at a significant disadvantage.  

Lawyers spend years studying and practicing law, ensuring they understand the intricacies of the legal process and know how to present a strong defence. Without this specialised knowledge, you could easily misunderstand critical legal procedures, jeopardising your case and your rights.

 

You May Make Mistakes

Even if you are familiar with the law, you may make mistakes in the courtroom. This could include saying the wrong thing, failing to follow the rules of evidence, or presenting your case in a way that is not persuasive. These mistakes could cost you your case. A seasoned criminal lawyer will meticulously handle all aspects of your case, minimizing the risk of costly mistakes.

 

You will likely have Limited Negotiation Skills in Regards to Criminal Law Matters

Many criminal cases involve case conferencing and negotiations. A seasoned criminal lawyer knows how to negotiate with prosecutors to potentially reduce charges or secure more lenient facts. Attempting to negotiate without proper legal training and knowledge could lead to unfavourable outcomes, leaving you with harsher consequences than necessary.

 

You will have Inadequate Understanding of Courtroom Etiquette

Courts operate on strict rules of conduct and procedure. Representing yourself without prior experience in a courtroom setting could result in missteps and poor etiquette. This could negatively impact the judge or magistrate, ultimately influencing their perception of your case. A criminal lawyer is well-versed in courtroom etiquette, ensuring that your case is presented in the most favourable manner.

 

You May Be Emotionally Invested

If you are the one who has been accused of a crime, you are likely to be emotionally invested in your case. This can make it difficult to think clearly and make rational decisions. A lawyer can help you to stay calm and focused on the legal issues.

 

You May Not Be Able to Afford a Lawyer

You may think that you cannot afford to hire a lawyer, however many lawyers offer fixed fees at fairly reasonable rates. Just don’t assume all lawyers are too expensive to hire. If you think you cannot afford a lawyer, you should still speak to one about your case. They can give you advice on your options and help you to prepare for court.

 

The Importance of Legal Representation

A lawyer can help you to understand the charges against you, gather evidence in your defence or present your case in the most effective way possible so that you get the lowest penalty and perhaps no conviction recorded. They can also negotiate with the prosecution on your behalf and help you to reach a favourable outcome.

If you are facing criminal charges in Queensland, you need to speak to a lawyer as soon as possible. The experienced criminal lawyers at Clarity can help you to understand your rights and options, and they will fight to protect your freedom. Contact us today to schedule a consultation.

 

If you want to engage us or just need further no obligation information or advice then you can either;

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Monday, 17 July 2023 16:10

Dine and Dash in Queensland

 

dine and dash in Queensland

Under section 6 of the Regulatory Offences Act 1985 in Queensland, it is an offence to leave a hotel without paying for the accommodation, food, or other services provided. This offence is also known as "dine and dash" or "hotel skipping."

What is the offence?

The offence is committed if a person:

  • Stays in a hotel; or
  • Receives food, drink, accommodation, or other services from the hotel or a restaurant; and
  • Does not pay for the services or food and drink

The value of the services does not matter, as long as it is less than $150.

 

What is the penalty?

If you are charged with leaving a hotel without payment, you may be liable to a fine of up to $300. You may also be ordered to pay compensation to the hotel for the value of the services you received.

 

Defences

There are a few defences to the charge of leaving a hotel without payment. For example, you may be able to argue that you had a reasonable belief that you would be able to pay for the services, or that you were forced to leave the hotel due to an emergency.

If you are charged with leaving a hotel without payment, it is important to speak to a lawyer as soon as possible. A lawyer can help you understand the charges against you and your legal options.

 

What if the value was more than $300?

If the value of the food, drink or accommodation was more than $150 then a more serious charge of fraud would likely be bought against you. This carries with it a higher chance that a conviction will be recorded that would stay on your criminal history for 5 years.

 

Here are some things to keep in mind if you are charged with leaving a hotel without payment:

  • The police may not charge you with the offence immediately. They may first try to contact you and ask you to pay for the services. If you do not pay, they may then issue you with a summons to appear in court.
  • If you are charged with the offence, you will be given a court date. You must attend court on this date, or you may be issued with a warrant for your arrest.
  • If you are found guilty of leaving a hotel without payment, you may be fined or ordered to pay compensation to the hotel.
  • If the value of the food, drink or accommodation is more than $150 then a more serious charge will likely be bought.

Mitigation in sentences in Queensland

If you have been charged with a criminal offence in Queensland, you may be wondering what factors can affect the sentence that you may receive if you are found guilty or plead guilty. One of the most important factors that can influence the outcome of your case is the presence of any mitigating factors.

What are mitigating factors?

Mitigating factors are facts or details about the offender and their offence that tend to reduce the severity of their sentence. They can include things like:

  • an early guilty plea
  • no criminal history
  • significant physical or mental health issues or low intellectual capacity
  • rehabilitation efforts after the offence but before the sentence

The law in Queensland (section 9 of the Penalties and Sentences Act) states that the court must have regards to mitigating factors when setting the penalty.

 

How do mitigating factors work in practice?

The court has a wide discretion to decide what weight to give to each mitigating factor in each case. The court will also consider other factors, such as:

  • the maximum penalty prescribed for that offence
  • the nature and seriousness of the harm done
  • the previous convictions of the offender
  • the offender's age, character and intellectual capacity
  • the prevalence of the offence
  • any other relevant circumstances

Some mitigating factors may have more impact than others, depending on the type and seriousness of the offence. For example, an early guilty plea will result in a significant reduction of the sentence, as it shows remorse, acceptance of responsibility and saves time and resources for the court and the prosecution . However, a lack of criminal history may not be very relevant for a very serious offence, such as murder or rape.

Some mitigating factors may also interact with each other or with aggravating factors, which are facts or details that tend to increase the seriousness of the offence and the sentence. For example, if an offender has a mental health issue that contributed to their offending, but also shows a lack of remorse or has a history of similar offences, the court may balance these factors and decide how much leniency to grant.

It is always a balancing act for the judge or magistrate to work our how much weight should be given to mitigating factors. There is no mathematical approach when balancing all the factors. In R v Roberson the court said;

The authorities do not condone, in any respect of sentencing, some arithmetical approach under which a deduction is made from a pre-determined range of sentences: the sentencing judge is obliged ‘to take account of all of the relevant factors and to arrive at a single result which takes due account of them all.

 

What are some examples of mitigating factors?

Here are some common examples of mitigating factors that may apply in different cases in Queensland:

  • Early guilty plea: As mentioned above, this is one of the most significant mitigating factors, as it can result in a discount of up to 33% on the sentence . It also demonstrates remorse and cooperation with the justice system as well as an acceptance of responsibility for the offence
  • No criminal history: This can show that the offender is of good character and that their offending was out of character or an isolated incident. It can also indicate a low risk of reoffending
  • Significant physical or mental health issues or low intellectual capacity: These factors can affect the offender's culpability, meaning their level of blame or responsibility for their actions. They can also affect their ability to cope with imprisonment or other forms of punishment. The court may consider medical reports or expert evidence to assess these factors . If these factors are so strong the whole charge may need to be dropped
  • Rehabilitation efforts after the offence: These can include things like attending counselling, completing courses, seeking treatment, paying compensation or apologising to the victim. They can show that the offender is genuinely remorseful and willing to address their underlying issues or problems that led to their offending
  • Co-operation with Authorities. For example a person may voluntarily admit to police they have committed a crime or may show significant co-operation in other ways.
  • Providing the court with character references

 

How can I present mitigating factors to the court?

If you have been charged with a criminal offence and you have any mitigating factors that you want the court to consider, you should seek legal advice from an experienced criminal lawyer as soon as possible. A lawyer can help you gather evidence and prepare submissions to present your case in the best possible light. They can also advise you on your options and prospects of success.

Unlawful possession of suspected stolen property

Have you been accused of possessing something that was stolen or unlawfully obtained? If so, you may have been charged with an offence under section 16 of the Summary Offences Act (Queensland). This offence is commonly known as unlawful possession of suspected stolen property and it carries a maximum penalty of 20 penalty units or one year's imprisonment.

 

What does the offence mean?

The offence of unlawful possession of suspected stolen property means that you have something in your possession that you reasonably suspect has been stolen or unlawfully obtained by someone else. For example, if you buy a laptop from a friend who tells you that they got it from a car they broke into, you are likely to be committing this offence.

The key element of this offence is that you must have a reasonable suspicion that the thing you possess is stolen or unlawfully obtained. This means that you must have some facts or circumstances that would make an ordinary person in your position suspect that the thing is not lawfully yours. It is not enough to have a vague feeling or a hunch that something is wrong.

 

Do the police need to do anything before they arrest someone?

Pursuant to the Police Powers and Responsibilities Act the offence of unlawful possession of suspected stolen property is a “declared offence”. This means that in order to arrest someone the police should first, if reasonably practicable, give the person a reasonable opportunity to explain how the person came to have possession of the thing.

If:

  1. The person fails to give an explanation; or
  2. The police officer considers the explanation given is not a reasonable explanation; or
  3. Because of the person’s conduct, it is not reasonably practicable to give the person a reasonable opportunity to give an explanation;

The police officer may start a proceeding against the person for the declared offence.

 

What does the prosecution need to prove?

The prosecution does not have to prove that the thing was actually stolen or unlawfully obtained, only that you reasonably suspected it was. However, if the thing was in fact lawfully yours or you had a lawful excuse for possessing it, you may have a defence to the charge.

The prosecutions must prove the following:

  1. That the defendant unlawfully;
  2. Possessed;
  3. A thing that is reasonably suspected of having been stolen or unlawfully obtained.   

Lets look at those keywords in more detail.

 

Unlawfully

In general “unlawfully” means without authorisation, justification or excuse by law.

In Castle v Farmer The judge said about what unlawfully means as follows

“There is no burden on a suspected person to prove a satisfactory explanation on the balance of probabilities. The consequence is that the burden of proving unlawful possession is upon the prosecution, and the standard of proof will be beyond reasonable doubt. Any explanation will be part of the evidence at the trial”

 

Possessed

“Possession” includes having under control in any place whatever, whether for the use or benefit of the person of whom the term is used or of another person, and although another person has the actual possession or custody of the thing in question.

 

A thing that is reasonably suspected of having been stolen or unlawfully obtained

It requires the existence of facts which are sufficient to induce that state of mind in a reasonable person that the item was stolen or unlawfully obtained.

 

What are some possible defences?

There are several possible defences to the charge of unlawful possession of suspected stolen property, depending on the facts of your case. Some of these include:

  • You did not possess the thing at all. For example, if the thing was found in your car but it belonged to someone else who left it there without your knowledge.
  • You did not have a reasonable suspicion that the thing was stolen or unlawfully obtained. For example, if you bought the thing from a reputable store or online seller and had no reason to doubt its legitimacy.
  • You had a lawful excuse for possessing the thing. For example, if you were holding the thing for someone else who had a lawful claim to it, or if you were acting under a legal duty or authority.
  • You acted honestly and reasonably in relation to the thing. For example, if you found the thing and reported it to the police or tried to return it to its owner.

 

What are the likely penalties?

The law sets the maximum penalty at 1 year imprisonment and 20 penalty units (currently $3,096).

In general, for a first offence the court will be looking to impose a fine or a good behaviour bond.

The court has the discretion whether to record a conviction or not. When deciding whether to record a conviction to court looks at the following;

  • The nature of the offence
  • The offenders character and age
  • The impact on the offenders
    • Economic or social wellbeing; or
    • Changes of finding employment

If the court imposes a bond then it cannot record a conviction.

If you are charged with this offence in Queensland, it is important to seek legal advice from an experienced criminal lawyer who can advise you on your options and represent you in court. A criminal conviction can have serious consequences for your future, such as affecting your employment opportunities, travel plans and reputation.

Possessing a Knife in a Public Place

 

In Queensland, it is an offence to possess a knife in a public place unless you have a lawful excuse.

The offence is found in section 51 of the Weapons Act 1990.

 

What is a knife?

For the purposes of the Weapons Act, a knife is defined as " a thing with a sharpened point or blade that is reasonably capable of being held in 1 or both hands; and being used to wound or threaten to wound anyone when held in 1 or both hands.”

 

What does possession mean?

For the act possession can obviously mean having the knife on your person. However it is not limited to physical possession it can also apply by;

a)       Having the thing in one’s custody; or

b)      Having the thing under one’s control in any place, whether or not another has custody of the thing; or

c)       Having an ability to obtain custody of the thing at will; or

d)      Having a claim to custody of the thing which the claimant has committed to the custody of another, notwithstanding that the thing is temporarily not in the control of the person having such claim.

In R v Boyesen the judge hearing the case defined possession like this:

Possession is a deceptively simple concept. It denotes a physical control or custody of a thing plus knowledge that you have it in your custody or control. You may possess a thing without knowing or comprehending its nature: but you do not possess it unless you know you have it

Therefore things like giving the knife to another person to hold or having it in your bag, leaving it in your car or even having put the knife on the ground but intending to collect it when you leave a public place could be considered to be possession.

 

What is a public place?

A public place is any place to which the public is entitled to use, is open to the public, or used by the public, whether on payment or otherwise. The act also includes a school as being a public place.

Importantly a public place includes a motor vehicle that is in a public place.

 

What is a lawful excuse?

There are a number of lawful excuses for possessing a knife in a public place. These include:

  • To perform a lawful activity, duty or employment; or
  • To participate in a lawful entertainment, recreation or sport; or
  • For lawfully exhibiting the knife or
  • For use for a lawful purpose

Examples of lawful possession of a knife in a public place include;

  • a person who collects knives may exhibit them at a fete or another public gathering
  • A person may use a knife to prepare to cut food at a restaurant in a public place or when having a picnic in a park
  • A person may carry a pen knife or swiss army knife for use for its normal utility purposes
  • A fisher may carry a knife for use while fishing
  • To physically possess a knife for genuine religious purposes
  • Someone using a knife wile working

In deciding what is a reasonable excuse regard may be had, among other things, to whether the way the knife is held in possession, or when and where it is held in possession, would cause a reasonable person concern that he or she, or someone else in the vicinity, may be threatened or harmed.

Importantly it is not a lawful use to possess a knife in a public place for the purposes of self defence.

 

 

Penalties for possessing a knife in a public place

The penalties for possessing a knife in a public place depend on the circumstances. If you are convicted of the offence, you could face:

  • A fine of up to $6,192.
  • A term of imprisonment of up to one year.
  • Recording of a conviction that will last 5 years

 

What to do if you are charged with possessing a knife in a public place

If you are charged with possessing a knife in a public place, it is important to speak to a lawyer as soon as possible. A lawyer can help you understand the charges against you and can advise you on how to best proceed.

 

Conclusion

Possessing a knife in a public place is a serious offence in Queensland. If you are convicted of the offence, you could face significant penalties or the recording of a conviction that might affect your future.

If you are charged with this offence, it is important to speak to a lawyer as soon as possible.