Criminal Defence
WE REPRESENT CLIENTS AT ALL STAGES OF THE CRIMINAL PROCESS, FROM INITIAL REPRESENTATION IN POLICE STATIONS, TO BAIL APPLICATIONS, COMMITTAL HEARINGS, TRIALS AND APPEALS. WE ARE HERE TO GUIDE YOU THROUGH THE LEGAL SYSTEM AND ENSURE THAT YOU RECEIVE THE BEST POSSIBLE OUTCOME.
We service all areas of criminal law, including, but not limited to:
Fraud & Dishonesty offences
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Unlawful use of a motor vehicle; -
Enter premises and commit indictable offence; -
Stealing; -
Robbery; -
Burglary and commit indictable offence; and -
Unlawful taking of shop goods.
Bail
An individual who is charged with a criminal offence can be charged in a number of different ways. An individual may be issued with a Notice to Appear, requiring them to attend Court on a nominated day, or in more serious examples, they may be processed through a police watch-house, refused watch-house bail and be required to appear in Court.
In the event that the police do not grant an individual bail, the person is brought before a Magistrate, whereby an application for bail can be made before the Magistrates Court (except in unique circumstances, such as the applicant defendant being charged with murder). An application for bail is often one of the most important aspect of an individual’s legal proceeding – if bail is refused by a Magistrate, a person could potentially be remanded in custody for a lengthy period of time whilst the matters remain outstanding.
It is important that an application for bail is properly conducted. An individual is not given an infinite number of opportunities to make an application for bail, and once an application for bail is refused, it is often difficult to make a further application (especially where there hasn’t been a material change in circumstance).
Our team of lawyers have significant experience in applying for bail on an accused person’s behalf, no matter what charges they are facing.
On certain occasions, an individual can make an application for bail in the Supreme Court of Queensland. An application for bail in the Supreme Court of Queensland adopts a vastly different form to how an application for bail takes place in the Magistrates Court.
Supreme Court Bail Applications
Supreme Court Bail Applications can be made in a number of different circumstances, but most commonly occur in circumstances where an individual is charged with murder, or in circumstances where an individual has been refused bail by a Magistrate. A Supreme Court bail application is a separate proceeding to the substantive criminal charges before the Court.
A Supreme Court bail application requires an applicant to prepare a large amount of materials prior to going to Court. This commonly occurs in the form of affidavit material and written outline of arguments. The Office of the Director of Public Prosecutions complete the same process to oppose the Application.
Usually, the Presiding Justice has an opportunity to review the outline of arguments and any supporting material prior to the matter being heard in Court. Written submissions can be supplemented through oral submissions made by the parties in Court.
Supreme Court Bail Applications are often made where the charges against an accused person are particularly serious. It is not uncommon for an applicant, in the event that they are granted bail, to be subject to very strict conditions as part of their bail undertaking. These conditions can include, but are not limited to, conditions that require an individual to report to a police station, conditions requiring an individual to reside at a certain address, conditions requiring the applicant to surrender their passport, and conditions that the applicant have no contact with any witnesses and/or the complainant.
The Bail Act contains the relevant provisions the Court will take into account in determining whether or not an individual should be granted bail. The Bail Act outlines that in some circumstances, the default position of the Court should be that the person should be granted bail, unless it can be demonstrated that their continued detention in custody is justified. In other circumstances, a person may be classified as being in a show cause position, and the Courts in those circumstances will adopt the view that the applicant should be refused bail, unless they can demonstrate that their detention in custody is no longer justified.
Commonwealth Based Offences
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Social security/Centrelink fraud; -
Using a telecommunications service to menace, harass, or cause offence; -
Tax based offences; -
Falsifying identification for constitutional flights or to obtain carriage service offences; -
Importation of illicit items, including drugs, firearms, and sexual material; and -
Offences against children.
Sexual Based / Child Exploitation Offences
There are a wide variety of sexual offences that are contained in various pieces of legislation. The penalties imposed for those convicted of sexual offences, due to their nature, can often be very serious.
Sexual based offences include:
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Rape; -
Sexual assault; -
Indecent treatment of children; -
Maintaining a sexual relationship with a child; and -
Grooming
Sexual offences are common matters that come before the court. On many occasions, a complaint is not made by an individual until a lengthy period of time has elapsed after the alleged incident. On other occasions, there may be an absence of any independent evidence to help support the version of events being complained of, resulting in a word-against-word situation arising.
Although there is often an absence of independent evidence, offences of this nature are often difficult to successfully defend, and it is important that highly experienced legal representation is obtained early in the proceedings, as there are a number of critical decisions that need to be made from the outset to ensure that an accused person’s interests are being properly protected. In these types of matters, an individual should obtain considered legal advice prior to them deciding whether or not they will participate in an electronic record of interview with police. An accused person should also be aware of other investigative techniques that are available to police in an attempt to strengthen the evidence against them.
Our office understands the importance of providing detailed representation at all stages throughout these types of proceedings. As outlined, the consequences that can potentially flow if an individual is convicted of a sexual based offence can be quite significant and long lasting. If you find yourself in this position, please contact our team to confidentially discuss your matter in greater detail.
Possession of child exploitation material
Child exploitation type offences involve an individual unlawfully possessing, producing, or distributing child exploitation materials. What constitutes child exploitation material, however, is quite broad, and can range from videos of actual children being exposed to cartoon images. The courts have recognised the need to protect children from being exposed in this manner, and the penalties imposed on people who are convicted of these offences often involve terms of imprisonment.
A number of important tactical decisions need to be considered in these types of proceedings. In addition to the substantive penalty, people who are convicted of these types of offences may also find themselves being a reportable offender, requiring them to comply with additional reporting obligations following them being sentenced.
If you find yourself in this position, please do not hesitate to contact our office so that we can provide you with tailored advice as to how to best protect your interests in relation to these proceedings.
Assault and offences of violence
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Assault/obstruct a police officer; -
Common assault; -
Assault occasioning bodily harm; -
Serious assault; -
Grievous bodily harm; and -
Malicious acts with intent (also referred to as grievous bodily harm with intent).
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The assault is on a police officer; -
The assault is on a person aged over 60; -
The assault is on a disabled person; and -
The assault occurs whilst an individual is in custody.
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That there is an unlawful killing; -
The defendant’s actions caused (meaning substantial or significant cause) the death; and -
The defendant intended to cause death or grievous bodily harm