Need Help With A Criminal Matter?
Call 1300 168 676 or email us now

Barbaro and sentencing practice in Queensland

Author icon

Written by

Tag icon

Published under Law Reform, News

Clock icon

April 21, 2016

Comments icon

No comments

On the 19th of April 2016 the Attorney-General for Queensland, the Honourable Yvette D’ath, [LINK: http://statements.qld.gov.au/Statement/2016/4/19/barbaro-amendments-herald-important-changes-for-legal-profession] announced the passing of amendments to the law in Queensland which will “reinstate the ability of a court to receive submissions from both prosecution and defence on the appropriate sentence, or the bounds of the range of appropriate sentences that should be imposed.” This announcement likely relates to the passing of the Criminal Law (Domestic Violence) Amendment Bill (No.2) 2015 which, according to the Attorney-General, was necessary “to improve the consistency of sentencing and efficiency […]


ACT Infringement Notice changes

Author icon

Written by

Tag icon

Published under Law Reform, News, Offences, Proposals

Clock icon

April 11, 2016

Comments icon

No comments

You might be familiar with the infringement-notice system for certain traffic matters. Where years ago you had to go to court for just about everything, including minor speeding matters for instance having smooth tyres or even a vehicle that created “undue noise”, now we have a relatively comprehensive system of traffic-infringement notices, issued on the spot by police. These allow, simply by the payment of the relevant fine, for the disposal of the matter. No longer do so many minor matters, most often speeding tickets, clog the courts – and force […]


Changes To The Act Child Sex Offender Register

Author icon

Written by

Tag icon

Published under Law Reform, Offences

Clock icon

April 4, 2016

Comments icon

No comments

In 2015, the ACT Legislative Assembly passed an amendment bill making changes to the Crimes (Child Sex Offenders) Act 2005 (‘the Act’). The main focus of the bill was to change who is considered a “registrable offender”, and consequently who is placed on the ACT Child Sex Offenders Register (‘the Register’. The changes to the Act came into effect 1 October 2015. The recent changes mean after 1 October 2015 any Court who sentences a person under the age of 17 years, charged with a Registrable Offence, must make a specific […]


Advocating terrorism

Author icon

Written by

Tag icon

Published under Law Reform, News, Offences

Clock icon

March 14, 2016

Comments icon

No comments

A teenager in the western suburbs of Sydney or Melbourne couldn’t really find him or herself facing five years’ jail for making some silly joke about his or her “terrorist” mates, could they? You bet he or she could. A new section of the Commonwealth Criminal Code (s80.2C) makes it an offence to  advocate “the doing of a terrorist act; or the commission of a terrorism offence … and the person engages in that conduct reckless as to whether another person will engage in a terrorist act; or commit a terrorism […]


NSW Sheriff Officers now have the power of arrest

Author icon

Written by

Tag icon

Published under Law Reform, News

Clock icon

February 9, 2016

Comments icon

No comments

On 21 June 2011 the NSW Parliament assented to the Court Security Amendment Act 2011. That amendment gave court sheriffs the power to arrest any person who is assaulting another person in the Court premises or has just assaulted a person within the Court premises. The NSW Government finally proclaimed the amendment in the last few months after a significant breach of Court Security at the Downing Centre Courthouse in October 2015. Mr Ali Chahine appeared in Court for allegedly breaching his bail conditions on a charge of Drug Supply. When […]


New laws for cyclists – March 2016

Author icon

Written by

Tag icon

Published under Law Reform, News

Clock icon

January 21, 2016

Comments icon

No comments

The NSW Government will in March 2016 introduce laws requiring that motorists to leave at least a one metre gap as they overtake cyclists. For many motorists this will be a difficult or impossible task where roads are narrow or there is heavy traffic. Motorists already challenged by road spaces ill-designed and ill-suited to sharing with cyclists will no doubt find this immensely frustrating. The unavoidable reality, however, is an increasing emphasis by Local and the State governments to encourage use of the roadways by cyclists and accordingly the new laws […]


Family (or “Domestic”) Violence

Author icon

Written by

Tag icon

Published under Law Reform

Clock icon

October 12, 2015

Comments icon

2 comments

Family (or “domestic”) violence is an area of the law that seems almost constantly under review. Recently, the Australian and NSW Law Reform Commissions completed a report into the issue that is being considered by governments around Australia. It is a highly emotional area, encompassing an exceptionally broad range of offending conduct with the seriousness of matters varying markedly. It is an area where prosecutors and defence lawyers often clash, with defendants of good character bewildered by their first contact with the criminal-justice system. The sheer weight of publicity afforded some […]


Firearm Prohibition Orders – Expanded Search Powers for Police

Author icon

Written by

Tag icon

Published under Law Reform

Clock icon

September 24, 2015

Comments icon

No comments

The NSW Ombudsman is conducting a review into the Police’s powers to enforce Firearms Prohibition Orders. Over the last few years in NSW, there has been considerable public concern about the level of firearm violence, especially in parts of South Western Sydney. Despite the fact that the statistics show that firearm crimes have generally been decreasing over the past few years media coverage of firearms offences has at times reached a fever pitch. As a consequence, several legislative changes were made. This included expanded Police powers to deal with persons who refused […]


Amendment to the Criminal Procedure Act

Author icon

Written by

Tag icon

Published under Law Reform

Clock icon

August 20, 2015

Comments icon

No comments

An amendment to the Criminal Procedure Act which commenced 1 June 2015 has fundamentally changed the way in which Domestic Violence hearings will be conducted in New South Wales Courts. The amendment allows alleged victims to give their evidence by way of a video recording taken on the day that the complaint was made. This is not a new procedure in New South Wales Courts. For many years now the Court has allowed children to give evidence of allegations of sexual abuse by video. The children are interviewed by specialist officers […]


Interlock developments

Author icon

Written by

Tag icon

Published under Law Reform, News, Offences

Clock icon

June 5, 2015

Comments icon

No comments

Earlier this year amendments were made to the Road Transport Act 2013 that instituted mandatory interlock orders for a number of offences. Prior to the introduction of the new laws, the Court had a general discretion to order that a person could obtain their licence back early if they were willing to have an “interlock device” installed in their car. This would require them to be breath tested before starting the car and at random times whilst the car was being driven. The new laws which have effect for any offences […]

Bottom border