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TRAFFIC FINE LAWYERS To dispute your fine you will need to fill out the “Election for Court” section on the back of your infringement notice and send it to the address provided on the notice. You have 28 days from the date of the infringement notice to indicate to Queensland Transport that you are disputing the fine. After this time you will be required topay
FALSE PRETENCES
1. The accused made either a false pretence of fact, or a wilfully false promise, or a partly false pretence and a partly false promise to some person. 2. The accused knew it to be false. 3. Through means of such pretence (false promise etc) the accused obtained property. 4. With intent to defraud. It will be necessary for the Police in every ATTEMPTING TO PERVERT JUSTICE In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt. The accused: The defendant did the conduct alleged in the indictment. That the conduct alleged in the indictment had the tendency to pervert the course of justice, i.e. turn it aside from its proper course; TheCASE STUDIES
Section 9 – Possessing Dangerous Drugs and Section 10 – Possessing Utensil that had been used (Drugs Misuse Act Queensland). In this case, cannabis and temazepam are both schedule 2 drugs and the amounts did not exceed schedule 3, therefore the maximum penalty is 15 years imprisonment for both offences. The maximum penalty for possessing aUNINSURED VEHICLES
What the law says. Section 20 of the Motor Vehicle Accident Insurance Act Queensland states: A person must not drive an uninsured motor vehicle on a road or in a public place. A person who is the owner of an uninsured motor vehicle must not permit someone else to drive it on a road or in a public place. Note that if you vehicle is uninsured it BEGGING IN A PUBLIC PLACE In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt. The accused. (a) Begged for money or goods in a public place; or. (b) Caused, procured or encouraged a child to beg for money or goods in a public place; or. (c) Solicited donations of money or goods in a publicplace.
FALSE STATEMENT UNDER OATH What the law says. Sections 193 of the Criminal Code Queensland states: (a) Any person who, on any occasion on which a person making a statement touching any matter is required by law to make it on oath or under some sanction which may by law be substituted for an oath, or is required to verify it by solemn declaration or affirmation, makes a statement touching such matter which, in any WHAT DOES ‘NO CONVICTION RECORDED’ MEAN IN QLD In other words, the non-recording of a conviction in combination with a community service order or probation order is a leniency afforded by the court to you, and in the event you are before the court for a breach of that initial leniency, it may not be afforded again. Under s 152 of the Penalties and Sentences Act, if the court is imposing a CRIMINAL AND LITIGATION LAWYERS BRISBANE & GOLD COASTCRIMINAL LAWDOMESTIC VIOLENCETRAFFIC LAWLITIGATIONRESULTSLEGAL ADVICE Expert Criminal and Litigation Lawyers Brisbane, Gold Coast and throughout Queensland. Potts Lawyers is Queensland’s largest private criminal law firm, providing expert representation for criminal, drug and traffic matters throughout Queensland. We are also highly skilled in the practice areas of civil litigation and dispute resolution. NEW MINISTERIAL DIRECTION FOR VISA CANCELLATION DECISION New Ministerial Direction for Visa Cancellation Decision Making Potential Retroactive Impact. By Tom Foran. This article warns readers of an upcoming change in the way that decisions about visa cancellation (and visa application refusal) on character grounds willbe made.
TRAFFIC FINE LAWYERS To dispute your fine you will need to fill out the “Election for Court” section on the back of your infringement notice and send it to the address provided on the notice. You have 28 days from the date of the infringement notice to indicate to Queensland Transport that you are disputing the fine. After this time you will be required topay
FALSE PRETENCES
1. The accused made either a false pretence of fact, or a wilfully false promise, or a partly false pretence and a partly false promise to some person. 2. The accused knew it to be false. 3. Through means of such pretence (false promise etc) the accused obtained property. 4. With intent to defraud. It will be necessary for the Police in every ATTEMPTING TO PERVERT JUSTICE In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt. The accused: The defendant did the conduct alleged in the indictment. That the conduct alleged in the indictment had the tendency to pervert the course of justice, i.e. turn it aside from its proper course; TheCASE STUDIES
Section 9 – Possessing Dangerous Drugs and Section 10 – Possessing Utensil that had been used (Drugs Misuse Act Queensland). In this case, cannabis and temazepam are both schedule 2 drugs and the amounts did not exceed schedule 3, therefore the maximum penalty is 15 years imprisonment for both offences. The maximum penalty for possessing aUNINSURED VEHICLES
What the law says. Section 20 of the Motor Vehicle Accident Insurance Act Queensland states: A person must not drive an uninsured motor vehicle on a road or in a public place. A person who is the owner of an uninsured motor vehicle must not permit someone else to drive it on a road or in a public place. Note that if you vehicle is uninsured it BEGGING IN A PUBLIC PLACE In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt. The accused. (a) Begged for money or goods in a public place; or. (b) Caused, procured or encouraged a child to beg for money or goods in a public place; or. (c) Solicited donations of money or goods in a publicplace.
FALSE STATEMENT UNDER OATH What the law says. Sections 193 of the Criminal Code Queensland states: (a) Any person who, on any occasion on which a person making a statement touching any matter is required by law to make it on oath or under some sanction which may by law be substituted for an oath, or is required to verify it by solemn declaration or affirmation, makes a statement touching such matter which, in any WHAT DOES ‘NO CONVICTION RECORDED’ MEAN IN QLD In other words, the non-recording of a conviction in combination with a community service order or probation order is a leniency afforded by the court to you, and in the event you are before the court for a breach of that initial leniency, it may not be afforded again. Under s 152 of the Penalties and Sentences Act, if the court is imposing aFALSE PRETENCES
1. The accused made either a false pretence of fact, or a wilfully false promise, or a partly false pretence and a partly false promise to some person. 2. The accused knew it to be false. 3. Through means of such pretence (false promise etc) the accused obtained property. 4. With intent to defraud. It will be necessary for the Police in every WORKPLACE INVESTIGATIONS AND RESPONDING TO ALLEGATIONS OF Workplace Investigations and Responding to Allegations of Misconduct By Chris Korbel At face value, responding to allegations of misconduct may seem This article will provide three general reasons about why responding to allegations of misconduct may not be as simple as onemight think.
TRAFFICKING DANGEROUS DRUGS The maximum penalties for trafficking in a dangerous drug are very serious. If the charge relates to a Schedule 1 drug (such as Amphetamine, Cocaine, Heroin, Ecstacy, Steroids) the maximum penalty is 25 years imprisonment. If the charge relates to a Schedule 2 drug (such as Cannabis, LSD or Diazepam) the maximum penalty is 20 yearsimprisonment.
RESPONDING TO SHOW CAUSE LETTERS A show cause letter (also known as a show cause notice), is a letter sent to a person which provides them with an opportunity to respond to an allegation mounted against them, before a decision is made in relation to their guilt or innocence and, if necessary, the penalty being proposed. The show cause letter is often provided to a person STRANGULATION, SUFFOCATION OR CHOKING Because strangulation is an offence involving violence, imprisonment is not a last resort (even for first time offenders). The Queensland Sentencing Advisory Council released a report in May 2019 which revealed that from 2016 to 2018, over 97% of defendants who were convicted of a strangulation offence received a term of imprisonment. From those defendants, 79% were ordered to serve time in THE LAW OF DOUBLE JEOPARDY IN QUEENSLAND CONFIRMED An application pursuant to s678B of the Criminal Code 1899 . Last month in a unanimous decision, the Queensland Court of Appeal dismissed an application brought by the Director of Public Prosecutions for an order pursuant to section 678B of the Criminal Code that a person be retried for a murder for which they were previously acquitted. ASSAULT OCCASIONING BODILY HARM FAQS There are a number of possible defences that can be raised by people charged with assault occasioning bodily harm. Some of these include; Self defence. Duress. Intoxication. A common defence raised is provocation. This is relevant where the assault occurred as a result of some provocation by the victim that had deprived you of the powerof self
FALSE STATEMENT UNDER OATH What the law says. Sections 193 of the Criminal Code Queensland states: (a) Any person who, on any occasion on which a person making a statement touching any matter is required by law to make it on oath or under some sanction which may by law be substituted for an oath, or is required to verify it by solemn declaration or affirmation, makes a statement touching such matter which, in any POSSESSING AND ACQUIRING HANDCUFFS OR THUMBCUFFS For subsection (1), it is not a reasonable excuse to possess or acquire a restricted item for crowd or traffic control. (Restricted Item means an item prescribed as a restricted item under the Weapons Categories Regulations). Restricted Items (Act, s 67) Weapons Categories Regulation 1997. (a) Handcuffs, thumbcuffs or other similarrestraints;
SUPPLYING RELEVANT SUBSTANCES OR THINGS The following drug charge article was written by a practicing criminal lawyer with experience in drug charges. For information on other drugs charges, visit our Drug Charges home page. What the law says CRIMINAL AND LITIGATION LAWYERS BRISBANE & GOLD COASTCRIMINAL LAWDOMESTIC VIOLENCETRAFFIC LAWLITIGATIONRESULTSLEGAL ADVICE Expert Criminal and Litigation Lawyers Brisbane, Gold Coast and throughout Queensland. Potts Lawyers is Queensland’s largest private criminal law firm, providing expert representation for criminal, drug and traffic matters throughout Queensland. We are also highly skilled in the practice areas of civil litigation and dispute resolution. NEW MINISTERIAL DIRECTION FOR VISA CANCELLATION DECISION New Ministerial Direction for Visa Cancellation Decision Making Potential Retroactive Impact. By Tom Foran. This article warns readers of an upcoming change in the way that decisions about visa cancellation (and visa application refusal) on character grounds willbe made.
TRAFFIC FINE LAWYERS To dispute your fine you will need to fill out the “Election for Court” section on the back of your infringement notice and send it to the address provided on the notice. You have 28 days from the date of the infringement notice to indicate to Queensland Transport that you are disputing the fine. After this time you will be required topay
FALSE PRETENCES
1. The accused made either a false pretence of fact, or a wilfully false promise, or a partly false pretence and a partly false promise to some person. 2. The accused knew it to be false. 3. Through means of such pretence (false promise etc) the accused obtained property. 4. With intent to defraud. It will be necessary for the Police in every ATTEMPTING TO PERVERT JUSTICE In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt. The accused: The defendant did the conduct alleged in the indictment. That the conduct alleged in the indictment had the tendency to pervert the course of justice, i.e. turn it aside from its proper course; TheCASE STUDIES
Section 9 – Possessing Dangerous Drugs and Section 10 – Possessing Utensil that had been used (Drugs Misuse Act Queensland). In this case, cannabis and temazepam are both schedule 2 drugs and the amounts did not exceed schedule 3, therefore the maximum penalty is 15 years imprisonment for both offences. The maximum penalty for possessing aUNINSURED VEHICLES
What the law says. Section 20 of the Motor Vehicle Accident Insurance Act Queensland states: A person must not drive an uninsured motor vehicle on a road or in a public place. A person who is the owner of an uninsured motor vehicle must not permit someone else to drive it on a road or in a public place. Note that if you vehicle is uninsured it BEGGING IN A PUBLIC PLACE In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt. The accused. (a) Begged for money or goods in a public place; or. (b) Caused, procured or encouraged a child to beg for money or goods in a public place; or. (c) Solicited donations of money or goods in a publicplace.
FALSE STATEMENT UNDER OATH What the law says. Sections 193 of the Criminal Code Queensland states: (a) Any person who, on any occasion on which a person making a statement touching any matter is required by law to make it on oath or under some sanction which may by law be substituted for an oath, or is required to verify it by solemn declaration or affirmation, makes a statement touching such matter which, in any WHAT DOES ‘NO CONVICTION RECORDED’ MEAN IN QLD In other words, the non-recording of a conviction in combination with a community service order or probation order is a leniency afforded by the court to you, and in the event you are before the court for a breach of that initial leniency, it may not be afforded again. Under s 152 of the Penalties and Sentences Act, if the court is imposing a CRIMINAL AND LITIGATION LAWYERS BRISBANE & GOLD COASTCRIMINAL LAWDOMESTIC VIOLENCETRAFFIC LAWLITIGATIONRESULTSLEGAL ADVICE Expert Criminal and Litigation Lawyers Brisbane, Gold Coast and throughout Queensland. Potts Lawyers is Queensland’s largest private criminal law firm, providing expert representation for criminal, drug and traffic matters throughout Queensland. We are also highly skilled in the practice areas of civil litigation and dispute resolution. NEW MINISTERIAL DIRECTION FOR VISA CANCELLATION DECISION New Ministerial Direction for Visa Cancellation Decision Making Potential Retroactive Impact. By Tom Foran. This article warns readers of an upcoming change in the way that decisions about visa cancellation (and visa application refusal) on character grounds willbe made.
TRAFFIC FINE LAWYERS To dispute your fine you will need to fill out the “Election for Court” section on the back of your infringement notice and send it to the address provided on the notice. You have 28 days from the date of the infringement notice to indicate to Queensland Transport that you are disputing the fine. After this time you will be required topay
FALSE PRETENCES
1. The accused made either a false pretence of fact, or a wilfully false promise, or a partly false pretence and a partly false promise to some person. 2. The accused knew it to be false. 3. Through means of such pretence (false promise etc) the accused obtained property. 4. With intent to defraud. It will be necessary for the Police in every ATTEMPTING TO PERVERT JUSTICE In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt. The accused: The defendant did the conduct alleged in the indictment. That the conduct alleged in the indictment had the tendency to pervert the course of justice, i.e. turn it aside from its proper course; TheCASE STUDIES
Section 9 – Possessing Dangerous Drugs and Section 10 – Possessing Utensil that had been used (Drugs Misuse Act Queensland). In this case, cannabis and temazepam are both schedule 2 drugs and the amounts did not exceed schedule 3, therefore the maximum penalty is 15 years imprisonment for both offences. The maximum penalty for possessing aUNINSURED VEHICLES
What the law says. Section 20 of the Motor Vehicle Accident Insurance Act Queensland states: A person must not drive an uninsured motor vehicle on a road or in a public place. A person who is the owner of an uninsured motor vehicle must not permit someone else to drive it on a road or in a public place. Note that if you vehicle is uninsured it BEGGING IN A PUBLIC PLACE In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt. The accused. (a) Begged for money or goods in a public place; or. (b) Caused, procured or encouraged a child to beg for money or goods in a public place; or. (c) Solicited donations of money or goods in a publicplace.
FALSE STATEMENT UNDER OATH What the law says. Sections 193 of the Criminal Code Queensland states: (a) Any person who, on any occasion on which a person making a statement touching any matter is required by law to make it on oath or under some sanction which may by law be substituted for an oath, or is required to verify it by solemn declaration or affirmation, makes a statement touching such matter which, in any WHAT DOES ‘NO CONVICTION RECORDED’ MEAN IN QLD In other words, the non-recording of a conviction in combination with a community service order or probation order is a leniency afforded by the court to you, and in the event you are before the court for a breach of that initial leniency, it may not be afforded again. Under s 152 of the Penalties and Sentences Act, if the court is imposing aFALSE PRETENCES
1. The accused made either a false pretence of fact, or a wilfully false promise, or a partly false pretence and a partly false promise to some person. 2. The accused knew it to be false. 3. Through means of such pretence (false promise etc) the accused obtained property. 4. With intent to defraud. It will be necessary for the Police in every WORKPLACE INVESTIGATIONS AND RESPONDING TO ALLEGATIONS OF Workplace Investigations and Responding to Allegations of Misconduct By Chris Korbel At face value, responding to allegations of misconduct may seem This article will provide three general reasons about why responding to allegations of misconduct may not be as simple as onemight think.
TRAFFICKING DANGEROUS DRUGS The maximum penalties for trafficking in a dangerous drug are very serious. If the charge relates to a Schedule 1 drug (such as Amphetamine, Cocaine, Heroin, Ecstacy, Steroids) the maximum penalty is 25 years imprisonment. If the charge relates to a Schedule 2 drug (such as Cannabis, LSD or Diazepam) the maximum penalty is 20 yearsimprisonment.
RESPONDING TO SHOW CAUSE LETTERS A show cause letter (also known as a show cause notice), is a letter sent to a person which provides them with an opportunity to respond to an allegation mounted against them, before a decision is made in relation to their guilt or innocence and, if necessary, the penalty being proposed. The show cause letter is often provided to a person STRANGULATION, SUFFOCATION OR CHOKING Because strangulation is an offence involving violence, imprisonment is not a last resort (even for first time offenders). The Queensland Sentencing Advisory Council released a report in May 2019 which revealed that from 2016 to 2018, over 97% of defendants who were convicted of a strangulation offence received a term of imprisonment. From those defendants, 79% were ordered to serve time in THE LAW OF DOUBLE JEOPARDY IN QUEENSLAND CONFIRMED An application pursuant to s678B of the Criminal Code 1899 . Last month in a unanimous decision, the Queensland Court of Appeal dismissed an application brought by the Director of Public Prosecutions for an order pursuant to section 678B of the Criminal Code that a person be retried for a murder for which they were previously acquitted. FALSE STATEMENT UNDER OATH What the law says. Sections 193 of the Criminal Code Queensland states: (a) Any person who, on any occasion on which a person making a statement touching any matter is required by law to make it on oath or under some sanction which may by law be substituted for an oath, or is required to verify it by solemn declaration or affirmation, makes a statement touching such matter which, in any POSSESSING AND ACQUIRING HANDCUFFS OR THUMBCUFFS For subsection (1), it is not a reasonable excuse to possess or acquire a restricted item for crowd or traffic control. (Restricted Item means an item prescribed as a restricted item under the Weapons Categories Regulations). Restricted Items (Act, s 67) Weapons Categories Regulation 1997. (a) Handcuffs, thumbcuffs or other similarrestraints;
THREE LAWS PARENTS IN QUEENSLAND SHOULD KNOW ABOUT Section 280 states: It is lawful for a parent or a person in the place of a parent, or for a schoolteacher or master, to use, by way of correction, discipline, management or control, towards a child or pupil, under the person’s care such force as is reasonable under thecircumstances.
SUPPLYING RELEVANT SUBSTANCES OR THINGS The following drug charge article was written by a practicing criminal lawyer with experience in drug charges. For information on other drugs charges, visit our Drug Charges home page. What the law says CRIMINAL AND LITIGATION LAWYERS BRISBANE & GOLD COASTCRIMINAL LAWDOMESTIC VIOLENCETRAFFIC LAWLITIGATIONRESULTSLEGAL ADVICE Expert Criminal and Litigation Lawyers Brisbane, Gold Coast and throughout Queensland. Potts Lawyers is Queensland’s largest private criminal law firm, providing expert representation for criminal, drug and traffic matters throughout Queensland. We are also highly skilled in the practice areas of civil litigation and dispute resolution. TRAFFIC FINE LAWYERS To dispute your fine you will need to fill out the “Election for Court” section on the back of your infringement notice and send it to the address provided on the notice. You have 28 days from the date of the infringement notice to indicate to Queensland Transport that you are disputing the fine. After this time you will be required topay
NEW MINISTERIAL DIRECTION FOR VISA CANCELLATION DECISION New Ministerial Direction for Visa Cancellation Decision Making Potential Retroactive Impact. By Tom Foran. This article warns readers of an upcoming change in the way that decisions about visa cancellation (and visa application refusal) on character grounds willbe made.
HOW TO WRITE A CHARACTER REFERENCE FOR COURT 11. Be signed and dated. It is important that it is signed and dated so the Judge can know it was prepared for this case. Also, you can put a contact phone number on the reference. This gives the lawyer the ability to say to the Prosecutor “give them a ring and check what they’ve written if you want.”. ATTEMPTING TO PERVERT JUSTICE In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt. The accused: The defendant did the conduct alleged in the indictment. That the conduct alleged in the indictment had the tendency to pervert the course of justice, i.e. turn it aside from its proper course; TheUNINSURED VEHICLES
What the law says. Section 20 of the Motor Vehicle Accident Insurance Act Queensland states: A person must not drive an uninsured motor vehicle on a road or in a public place. A person who is the owner of an uninsured motor vehicle must not permit someone else to drive it on a road or in a public place. Note that if you vehicle is uninsured itINCEST - QLD
What the law says. Section 222 of the Criminal Code Queensland states: 1. Any person. (a) who has carnal knowledge with or of the person’s offspring or other lineal descendent, or sibling, parents, grandparent, uncle, aunt, nephew or niece and. (b) knows that the other person bears that the relationship to him or her, or somerelationship of
STRANGULATION, SUFFOCATION OR CHOKING Because strangulation is an offence involving violence, imprisonment is not a last resort (even for first time offenders). The Queensland Sentencing Advisory Council released a report in May 2019 which revealed that from 2016 to 2018, over 97% of defendants who were convicted of a strangulation offence received a term of imprisonment. From those defendants, 79% were ordered to serve time in COMPUTER OFFENCES: COMPUTER HACKING What the law says. Sections 408E of the Criminal Code Queensland states: A person who uses a restricted computer without the consent of the computer’s controller commits an offence. If the person causes or intends to cause detriment or damage, or gains or intends to gain a benefit, the person commits a crime. If the person causes a detriment POST-EMPLOYMENT OBLIGATIONS: RESTRAINT OF TRADE AND NON Generally, a well drafted employment contract should protect the employer’s interests in relation to their employee’s post-employment obligations. However, the courts may be reluctant to enforce your restraint of trade clause or non-solicitation clause because of the relative inequality of bargaining strength between employers and employees. CRIMINAL AND LITIGATION LAWYERS BRISBANE & GOLD COASTCRIMINAL LAWDOMESTIC VIOLENCETRAFFIC LAWLITIGATIONRESULTSLEGAL ADVICE Expert Criminal and Litigation Lawyers Brisbane, Gold Coast and throughout Queensland. Potts Lawyers is Queensland’s largest private criminal law firm, providing expert representation for criminal, drug and traffic matters throughout Queensland. We are also highly skilled in the practice areas of civil litigation and dispute resolution. TRAFFIC FINE LAWYERS To dispute your fine you will need to fill out the “Election for Court” section on the back of your infringement notice and send it to the address provided on the notice. You have 28 days from the date of the infringement notice to indicate to Queensland Transport that you are disputing the fine. After this time you will be required topay
NEW MINISTERIAL DIRECTION FOR VISA CANCELLATION DECISION New Ministerial Direction for Visa Cancellation Decision Making Potential Retroactive Impact. By Tom Foran. This article warns readers of an upcoming change in the way that decisions about visa cancellation (and visa application refusal) on character grounds willbe made.
HOW TO WRITE A CHARACTER REFERENCE FOR COURT 11. Be signed and dated. It is important that it is signed and dated so the Judge can know it was prepared for this case. Also, you can put a contact phone number on the reference. This gives the lawyer the ability to say to the Prosecutor “give them a ring and check what they’ve written if you want.”. ATTEMPTING TO PERVERT JUSTICE In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt. The accused: The defendant did the conduct alleged in the indictment. That the conduct alleged in the indictment had the tendency to pervert the course of justice, i.e. turn it aside from its proper course; TheUNINSURED VEHICLES
What the law says. Section 20 of the Motor Vehicle Accident Insurance Act Queensland states: A person must not drive an uninsured motor vehicle on a road or in a public place. A person who is the owner of an uninsured motor vehicle must not permit someone else to drive it on a road or in a public place. Note that if you vehicle is uninsured itINCEST - QLD
What the law says. Section 222 of the Criminal Code Queensland states: 1. Any person. (a) who has carnal knowledge with or of the person’s offspring or other lineal descendent, or sibling, parents, grandparent, uncle, aunt, nephew or niece and. (b) knows that the other person bears that the relationship to him or her, or somerelationship of
STRANGULATION, SUFFOCATION OR CHOKING Because strangulation is an offence involving violence, imprisonment is not a last resort (even for first time offenders). The Queensland Sentencing Advisory Council released a report in May 2019 which revealed that from 2016 to 2018, over 97% of defendants who were convicted of a strangulation offence received a term of imprisonment. From those defendants, 79% were ordered to serve time in COMPUTER OFFENCES: COMPUTER HACKING What the law says. Sections 408E of the Criminal Code Queensland states: A person who uses a restricted computer without the consent of the computer’s controller commits an offence. If the person causes or intends to cause detriment or damage, or gains or intends to gain a benefit, the person commits a crime. If the person causes a detriment POST-EMPLOYMENT OBLIGATIONS: RESTRAINT OF TRADE AND NON Generally, a well drafted employment contract should protect the employer’s interests in relation to their employee’s post-employment obligations. However, the courts may be reluctant to enforce your restraint of trade clause or non-solicitation clause because of the relative inequality of bargaining strength between employers and employees.FALSE PRETENCES
1. The accused made either a false pretence of fact, or a wilfully false promise, or a partly false pretence and a partly false promise to some person. 2. The accused knew it to be false. 3. Through means of such pretence (false promise etc) the accused obtained property. 4. With intent to defraud. It will be necessary for the Police in every WORKPLACE INVESTIGATIONS AND RESPONDING TO ALLEGATIONS OF Workplace Investigations and Responding to Allegations of Misconduct By Chris Korbel At face value, responding to allegations of misconduct may seem This article will provide three general reasons about why responding to allegations of misconduct may not be as simple as onemight think.
TRESPASSING OFFENCES I’ve been charged with “trespass”. What does this mean? It is an offence to unlawfully enter, or remain in, a dwelling or the yard of adwelling.
STRANGULATION, SUFFOCATION OR CHOKING Because strangulation is an offence involving violence, imprisonment is not a last resort (even for first time offenders). The Queensland Sentencing Advisory Council released a report in May 2019 which revealed that from 2016 to 2018, over 97% of defendants who were convicted of a strangulation offence received a term of imprisonment. From those defendants, 79% were ordered to serve time in FALSE STATEMENT UNDER OATH What the law says. Sections 193 of the Criminal Code Queensland states: (a) Any person who, on any occasion on which a person making a statement touching any matter is required by law to make it on oath or under some sanction which may by law be substituted for an oath, or is required to verify it by solemn declaration or affirmation, makes a statement touching such matter which, in anyCASE STUDIES
Section 9 – Possessing Dangerous Drugs and Section 10 – Possessing Utensil that had been used (Drugs Misuse Act Queensland). In this case, cannabis and temazepam are both schedule 2 drugs and the amounts did not exceed schedule 3, therefore the maximum penalty is COMPUTER OFFENCES: COMPUTER HACKING What the law says. Sections 408E of the Criminal Code Queensland states: A person who uses a restricted computer without the consent of the computer’s controller commits an offence. If the person causes or intends to cause detriment or damage, or gains or intends to gain a benefit, the person commits a crime. If the person causes a detriment POSSESSING AND ACQUIRING HANDCUFFS OR THUMBCUFFS For subsection (1), it is not a reasonable excuse to possess or acquire a restricted item for crowd or traffic control. (Restricted Item means an item prescribed as a restricted item under the Weapons Categories Regulations). Restricted Items (Act, s 67) Weapons Categories Regulation 1997. (a) Handcuffs, thumbcuffs or other similarrestraints;
AUSTRALIAN CRIMES COMMISSION In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt: (1) You were summonsed to appear at an examination before an examiner; AND. (2) You attended at the examination before an examiner and gave evidence; AND. (3) All or part of that evidence was false or misleading; AND. UNLAWFUL STRIKING CAUSING DEATH Unlawful striking causing death – “One punch can kill”. On 18 December 2018 the Queensland Court of Appeal handed down their decision in the matter of R v Renata; Ex parte Attorney-General for the State of Queensland QCA 356. Most would be aware of the facts of this case given the heavy media attention the matter hasreceived.
CRIMINAL AND LITIGATION LAWYERS BRISBANE & GOLD COASTCRIMINAL LAWDOMESTIC VIOLENCETRAFFIC LAWLITIGATIONRESULTSLEGAL ADVICE Expert Criminal and Litigation Lawyers Brisbane, Gold Coast and throughout Queensland. Potts Lawyers is Queensland’s largest private criminal law firm, providing expert representation for criminal, drug and traffic matters throughout Queensland. We are also highly skilled in the practice areas of civil litigation and dispute resolution. TRAFFIC FINE LAWYERS To dispute your fine you will need to fill out the “Election for Court” section on the back of your infringement notice and send it to the address provided on the notice. You have 28 days from the date of the infringement notice to indicate to Queensland Transport that you are disputing the fine. After this time you will be required topay
NEW MINISTERIAL DIRECTION FOR VISA CANCELLATION DECISION New Ministerial Direction for Visa Cancellation Decision Making Potential Retroactive Impact. By Tom Foran. This article warns readers of an upcoming change in the way that decisions about visa cancellation (and visa application refusal) on character grounds willbe made.
HOW TO WRITE A CHARACTER REFERENCE FOR COURT 11. Be signed and dated. It is important that it is signed and dated so the Judge can know it was prepared for this case. Also, you can put a contact phone number on the reference. This gives the lawyer the ability to say to the Prosecutor “give them a ring and check what they’ve written if you want.”. ATTEMPTING TO PERVERT JUSTICE In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt. The accused: The defendant did the conduct alleged in the indictment. That the conduct alleged in the indictment had the tendency to pervert the course of justice, i.e. turn it aside from its proper course; TheUNINSURED VEHICLES
What the law says. Section 20 of the Motor Vehicle Accident Insurance Act Queensland states: A person must not drive an uninsured motor vehicle on a road or in a public place. A person who is the owner of an uninsured motor vehicle must not permit someone else to drive it on a road or in a public place. Note that if you vehicle is uninsured itINCEST - QLD
What the law says. Section 222 of the Criminal Code Queensland states: 1. Any person. (a) who has carnal knowledge with or of the person’s offspring or other lineal descendent, or sibling, parents, grandparent, uncle, aunt, nephew or niece and. (b) knows that the other person bears that the relationship to him or her, or somerelationship of
STRANGULATION, SUFFOCATION OR CHOKING Because strangulation is an offence involving violence, imprisonment is not a last resort (even for first time offenders). The Queensland Sentencing Advisory Council released a report in May 2019 which revealed that from 2016 to 2018, over 97% of defendants who were convicted of a strangulation offence received a term of imprisonment. From those defendants, 79% were ordered to serve time in COMPUTER OFFENCES: COMPUTER HACKING What the law says. Sections 408E of the Criminal Code Queensland states: A person who uses a restricted computer without the consent of the computer’s controller commits an offence. If the person causes or intends to cause detriment or damage, or gains or intends to gain a benefit, the person commits a crime. If the person causes a detriment POST-EMPLOYMENT OBLIGATIONS: RESTRAINT OF TRADE AND NON Generally, a well drafted employment contract should protect the employer’s interests in relation to their employee’s post-employment obligations. However, the courts may be reluctant to enforce your restraint of trade clause or non-solicitation clause because of the relative inequality of bargaining strength between employers and employees. CRIMINAL AND LITIGATION LAWYERS BRISBANE & GOLD COASTCRIMINAL LAWDOMESTIC VIOLENCETRAFFIC LAWLITIGATIONRESULTSLEGAL ADVICE Expert Criminal and Litigation Lawyers Brisbane, Gold Coast and throughout Queensland. Potts Lawyers is Queensland’s largest private criminal law firm, providing expert representation for criminal, drug and traffic matters throughout Queensland. We are also highly skilled in the practice areas of civil litigation and dispute resolution. TRAFFIC FINE LAWYERS To dispute your fine you will need to fill out the “Election for Court” section on the back of your infringement notice and send it to the address provided on the notice. You have 28 days from the date of the infringement notice to indicate to Queensland Transport that you are disputing the fine. After this time you will be required topay
NEW MINISTERIAL DIRECTION FOR VISA CANCELLATION DECISION New Ministerial Direction for Visa Cancellation Decision Making Potential Retroactive Impact. By Tom Foran. This article warns readers of an upcoming change in the way that decisions about visa cancellation (and visa application refusal) on character grounds willbe made.
HOW TO WRITE A CHARACTER REFERENCE FOR COURT 11. Be signed and dated. It is important that it is signed and dated so the Judge can know it was prepared for this case. Also, you can put a contact phone number on the reference. This gives the lawyer the ability to say to the Prosecutor “give them a ring and check what they’ve written if you want.”. ATTEMPTING TO PERVERT JUSTICE In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt. The accused: The defendant did the conduct alleged in the indictment. That the conduct alleged in the indictment had the tendency to pervert the course of justice, i.e. turn it aside from its proper course; TheUNINSURED VEHICLES
What the law says. Section 20 of the Motor Vehicle Accident Insurance Act Queensland states: A person must not drive an uninsured motor vehicle on a road or in a public place. A person who is the owner of an uninsured motor vehicle must not permit someone else to drive it on a road or in a public place. Note that if you vehicle is uninsured itINCEST - QLD
What the law says. Section 222 of the Criminal Code Queensland states: 1. Any person. (a) who has carnal knowledge with or of the person’s offspring or other lineal descendent, or sibling, parents, grandparent, uncle, aunt, nephew or niece and. (b) knows that the other person bears that the relationship to him or her, or somerelationship of
STRANGULATION, SUFFOCATION OR CHOKING Because strangulation is an offence involving violence, imprisonment is not a last resort (even for first time offenders). The Queensland Sentencing Advisory Council released a report in May 2019 which revealed that from 2016 to 2018, over 97% of defendants who were convicted of a strangulation offence received a term of imprisonment. From those defendants, 79% were ordered to serve time in COMPUTER OFFENCES: COMPUTER HACKING What the law says. Sections 408E of the Criminal Code Queensland states: A person who uses a restricted computer without the consent of the computer’s controller commits an offence. If the person causes or intends to cause detriment or damage, or gains or intends to gain a benefit, the person commits a crime. If the person causes a detriment POST-EMPLOYMENT OBLIGATIONS: RESTRAINT OF TRADE AND NON Generally, a well drafted employment contract should protect the employer’s interests in relation to their employee’s post-employment obligations. However, the courts may be reluctant to enforce your restraint of trade clause or non-solicitation clause because of the relative inequality of bargaining strength between employers and employees.FALSE PRETENCES
1. The accused made either a false pretence of fact, or a wilfully false promise, or a partly false pretence and a partly false promise to some person. 2. The accused knew it to be false. 3. Through means of such pretence (false promise etc) the accused obtained property. 4. With intent to defraud. It will be necessary for the Police in every WORKPLACE INVESTIGATIONS AND RESPONDING TO ALLEGATIONS OF Workplace Investigations and Responding to Allegations of Misconduct By Chris Korbel At face value, responding to allegations of misconduct may seem This article will provide three general reasons about why responding to allegations of misconduct may not be as simple as onemight think.
TRESPASSING OFFENCES I’ve been charged with “trespass”. What does this mean? It is an offence to unlawfully enter, or remain in, a dwelling or the yard of adwelling.
STRANGULATION, SUFFOCATION OR CHOKING Because strangulation is an offence involving violence, imprisonment is not a last resort (even for first time offenders). The Queensland Sentencing Advisory Council released a report in May 2019 which revealed that from 2016 to 2018, over 97% of defendants who were convicted of a strangulation offence received a term of imprisonment. From those defendants, 79% were ordered to serve time in FALSE STATEMENT UNDER OATH What the law says. Sections 193 of the Criminal Code Queensland states: (a) Any person who, on any occasion on which a person making a statement touching any matter is required by law to make it on oath or under some sanction which may by law be substituted for an oath, or is required to verify it by solemn declaration or affirmation, makes a statement touching such matter which, in anyCASE STUDIES
Section 9 – Possessing Dangerous Drugs and Section 10 – Possessing Utensil that had been used (Drugs Misuse Act Queensland). In this case, cannabis and temazepam are both schedule 2 drugs and the amounts did not exceed schedule 3, therefore the maximum penalty is COMPUTER OFFENCES: COMPUTER HACKING What the law says. Sections 408E of the Criminal Code Queensland states: A person who uses a restricted computer without the consent of the computer’s controller commits an offence. If the person causes or intends to cause detriment or damage, or gains or intends to gain a benefit, the person commits a crime. If the person causes a detriment POSSESSING AND ACQUIRING HANDCUFFS OR THUMBCUFFS For subsection (1), it is not a reasonable excuse to possess or acquire a restricted item for crowd or traffic control. (Restricted Item means an item prescribed as a restricted item under the Weapons Categories Regulations). Restricted Items (Act, s 67) Weapons Categories Regulation 1997. (a) Handcuffs, thumbcuffs or other similarrestraints;
AUSTRALIAN CRIMES COMMISSION In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt: (1) You were summonsed to appear at an examination before an examiner; AND. (2) You attended at the examination before an examiner and gave evidence; AND. (3) All or part of that evidence was false or misleading; AND. UNLAWFUL STRIKING CAUSING DEATH Unlawful striking causing death – “One punch can kill”. On 18 December 2018 the Queensland Court of Appeal handed down their decision in the matter of R v Renata; Ex parte Attorney-General for the State of Queensland QCA 356. Most would be aware of the facts of this case given the heavy media attention the matter hasreceived.
CRIMINAL AND LITIGATION LAWYERS BRISBANE & GOLD COASTCRIMINAL LAWDOMESTIC VIOLENCETRAFFIC LAWLITIGATIONRESULTSLEGAL ADVICE Expert Criminal and Litigation Lawyers Brisbane, Gold Coast and throughout Queensland. Potts Lawyers is Queensland’s largest private criminal law firm, providing expert representation for criminal, drug and traffic matters throughout Queensland. We are also highly skilled in the practice areas of civil litigation and dispute resolution. TRAFFIC FINE LAWYERS To dispute your fine you will need to fill out the “Election for Court” section on the back of your infringement notice and send it to the address provided on the notice. You have 28 days from the date of the infringement notice to indicate to Queensland Transport that you are disputing the fine. After this time you will be required topay
STRANGULATION, SUFFOCATION OR CHOKING Because strangulation is an offence involving violence, imprisonment is not a last resort (even for first time offenders). The Queensland Sentencing Advisory Council released a report in May 2019 which revealed that from 2016 to 2018, over 97% of defendants who were convicted of a strangulation offence received a term of imprisonment. From those defendants, 79% were ordered to serve time in NEW MINISTERIAL DIRECTION FOR VISA CANCELLATION DECISION New Ministerial Direction for Visa Cancellation Decision Making Potential Retroactive Impact. By Tom Foran. This article warns readers of an upcoming change in the way that decisions about visa cancellation (and visa application refusal) on character grounds willbe made.
HOW TO WRITE A CHARACTER REFERENCE FOR COURT 11. Be signed and dated. It is important that it is signed and dated so the Judge can know it was prepared for this case. Also, you can put a contact phone number on the reference. This gives the lawyer the ability to say to the Prosecutor “give them a ring and check what they’ve written if you want.”.CASE STUDIES
Section 9 – Possessing Dangerous Drugs and Section 10 – Possessing Utensil that had been used (Drugs Misuse Act Queensland). In this case, cannabis and temazepam are both schedule 2 drugs and the amounts did not exceed schedule 3, therefore the maximum penalty is 15 years imprisonment for both offences. The maximum penalty for possessing aUNINSURED VEHICLES
What the law says. Section 20 of the Motor Vehicle Accident Insurance Act Queensland states: A person must not drive an uninsured motor vehicle on a road or in a public place. A person who is the owner of an uninsured motor vehicle must not permit someone else to drive it on a road or in a public place. Note that if you vehicle is uninsured itINCEST - QLD
What the law says. Section 222 of the Criminal Code Queensland states: 1. Any person. (a) who has carnal knowledge with or of the person’s offspring or other lineal descendent, or sibling, parents, grandparent, uncle, aunt, nephew or niece and. (b) knows that the other person bears that the relationship to him or her, or somerelationship of
FALSE STATEMENT UNDER OATH What the law says. Sections 193 of the Criminal Code Queensland states: (a) Any person who, on any occasion on which a person making a statement touching any matter is required by law to make it on oath or under some sanction which may by law be substituted for an oath, or is required to verify it by solemn declaration or affirmation, makes a statement touching such matter which, in any THREE LAWS PARENTS IN QUEENSLAND SHOULD KNOW ABOUT Section 280 states: It is lawful for a parent or a person in the place of a parent, or for a schoolteacher or master, to use, by way of correction, discipline, management or control, towards a child or pupil, under the person’s care such force as is reasonable under thecircumstances.
CRIMINAL AND LITIGATION LAWYERS BRISBANE & GOLD COASTCRIMINAL LAWDOMESTIC VIOLENCETRAFFIC LAWLITIGATIONRESULTSLEGAL ADVICE Expert Criminal and Litigation Lawyers Brisbane, Gold Coast and throughout Queensland. Potts Lawyers is Queensland’s largest private criminal law firm, providing expert representation for criminal, drug and traffic matters throughout Queensland. We are also highly skilled in the practice areas of civil litigation and dispute resolution. STRANGULATION, SUFFOCATION OR CHOKING Because strangulation is an offence involving violence, imprisonment is not a last resort (even for first time offenders). The Queensland Sentencing Advisory Council released a report in May 2019 which revealed that from 2016 to 2018, over 97% of defendants who were convicted of a strangulation offence received a term of imprisonment. From those defendants, 79% were ordered to serve time in TRAFFIC FINE LAWYERS To dispute your fine you will need to fill out the “Election for Court” section on the back of your infringement notice and send it to the address provided on the notice. You have 28 days from the date of the infringement notice to indicate to Queensland Transport that you are disputing the fine. After this time you will be required topay
NEW MINISTERIAL DIRECTION FOR VISA CANCELLATION DECISION New Ministerial Direction for Visa Cancellation Decision Making Potential Retroactive Impact. By Tom Foran. This article warns readers of an upcoming change in the way that decisions about visa cancellation (and visa application refusal) on character grounds willbe made.
HOW TO WRITE A CHARACTER REFERENCE FOR COURT 11. Be signed and dated. It is important that it is signed and dated so the Judge can know it was prepared for this case. Also, you can put a contact phone number on the reference. This gives the lawyer the ability to say to the Prosecutor “give them a ring and check what they’ve written if you want.”.CASE STUDIES
Section 9 – Possessing Dangerous Drugs and Section 10 – Possessing Utensil that had been used (Drugs Misuse Act Queensland). In this case, cannabis and temazepam are both schedule 2 drugs and the amounts did not exceed schedule 3, therefore the maximum penalty is 15 years imprisonment for both offences. The maximum penalty for possessing aUNINSURED VEHICLES
What the law says. Section 20 of the Motor Vehicle Accident Insurance Act Queensland states: A person must not drive an uninsured motor vehicle on a road or in a public place. A person who is the owner of an uninsured motor vehicle must not permit someone else to drive it on a road or in a public place. Note that if you vehicle is uninsured itINCEST - QLD
What the law says. Section 222 of the Criminal Code Queensland states: 1. Any person. (a) who has carnal knowledge with or of the person’s offspring or other lineal descendent, or sibling, parents, grandparent, uncle, aunt, nephew or niece and. (b) knows that the other person bears that the relationship to him or her, or somerelationship of
FALSE STATEMENT UNDER OATH What the law says. Sections 193 of the Criminal Code Queensland states: (a) Any person who, on any occasion on which a person making a statement touching any matter is required by law to make it on oath or under some sanction which may by law be substituted for an oath, or is required to verify it by solemn declaration or affirmation, makes a statement touching such matter which, in any THREE LAWS PARENTS IN QUEENSLAND SHOULD KNOW ABOUT Section 280 states: It is lawful for a parent or a person in the place of a parent, or for a schoolteacher or master, to use, by way of correction, discipline, management or control, towards a child or pupil, under the person’s care such force as is reasonable under thecircumstances.
WORKPLACE INVESTIGATIONS AND RESPONDING TO ALLEGATIONS OF Workplace Investigations and Responding to Allegations of Misconduct By Chris Korbel At face value, responding to allegations of misconduct may seem This article will provide three general reasons about why responding to allegations of misconduct may not be as simple as onemight think.
TRAFFICKING DANGEROUS DRUGS The maximum penalties for trafficking in a dangerous drug are very serious. If the charge relates to a Schedule 1 drug (such as Amphetamine, Cocaine, Heroin, Ecstacy, Steroids) the maximum penalty is 25 years imprisonment. If the charge relates to a Schedule 2 drug (such as Cannabis, LSD or Diazepam) the maximum penalty is 20 yearsimprisonment.
TRESPASSING OFFENCES I’ve been charged with “trespass”. What does this mean? It is an offence to unlawfully enter, or remain in, a dwelling or the yard of adwelling.
THE LAW OF DOUBLE JEOPARDY IN QUEENSLAND CONFIRMED An application pursuant to s678B of the Criminal Code 1899 . Last month in a unanimous decision, the Queensland Court of Appeal dismissed an application brought by the Director of Public Prosecutions for an order pursuant to section 678B of the Criminal Code that a person be retried for a murder for which they were previously acquitted. FALSE STATEMENT UNDER OATH What the law says. Sections 193 of the Criminal Code Queensland states: (a) Any person who, on any occasion on which a person making a statement touching any matter is required by law to make it on oath or under some sanction which may by law be substituted for an oath, or is required to verify it by solemn declaration or affirmation, makes a statement touching such matter which, in any RECEIVING PROPERTY OBTAINED FROM TRAFFICKING DANGEROUS DRUGS What the law says. Section 7 (1) of the Drug Misuse Act 1986 provides that a person who receives or possesses property, other than a dangerous drug, (offence property) obtained, directly or indirectly, from the commission the offences of trafficking or supplying a dangerous drug (see sections 5 and 6 of the Drugs Misuse Act orequivalent
COMPUTER OFFENCES: COMPUTER HACKING What the law says. Sections 408E of the Criminal Code Queensland states: A person who uses a restricted computer without the consent of the computer’s controller commits an offence. If the person causes or intends to cause detriment or damage, or gains or intends to gain a benefit, the person commits a crime. If the person causes a detriment POSSESSING AND ACQUIRING HANDCUFFS OR THUMBCUFFS For subsection (1), it is not a reasonable excuse to possess or acquire a restricted item for crowd or traffic control. (Restricted Item means an item prescribed as a restricted item under the Weapons Categories Regulations). Restricted Items (Act, s 67) Weapons Categories Regulation 1997. (a) Handcuffs, thumbcuffs or other similarrestraints;
BLACKMAIL / DEMAND PROPERTY WITH MENACE / EXTORTION BY THREATS Section 416 of the Criminal Code states: 416. Any person who, with intent to extort or gain any property or benefit or the performance of services from a person-. (a) accuses or threatens to accuse any person of committing any indictable offence, or offering or making any solicitation or threat to any person as an inducement to commit orpermit
MEDICAL NEGLIGENCE AND VICARIOUS LIABILITY: MASSON V In the matter of Masson v State of Queensland QCA 80 the appellant was the estate of the late Ms Masson. Ms Masson’s claim survived in the hands of her estate in accordance with the Succession Act 1981 (Qld). The claim in negligence was against the State of Queensland as the provider for the Queensland Ambulance Services(‘QAS’).
CRIMINAL AND LITIGATION LAWYERS BRISBANE & GOLD COASTCRIMINAL LAWDOMESTIC VIOLENCETRAFFIC LAWLITIGATIONRESULTSLEGAL ADVICE Expert Criminal and Litigation Lawyers Brisbane, Gold Coast and throughout Queensland. Potts Lawyers is Queensland’s largest private criminal law firm, providing expert representation for criminal, drug and traffic matters throughout Queensland. We are also highly skilled in the practice areas of civil litigation and dispute resolution. TRAFFIC FINE LAWYERS To dispute your fine you will need to fill out the “Election for Court” section on the back of your infringement notice and send it to the address provided on the notice. You have 28 days from the date of the infringement notice to indicate to Queensland Transport that you are disputing the fine. After this time you will be required topay
STRANGULATION, SUFFOCATION OR CHOKING Because strangulation is an offence involving violence, imprisonment is not a last resort (even for first time offenders). The Queensland Sentencing Advisory Council released a report in May 2019 which revealed that from 2016 to 2018, over 97% of defendants who were convicted of a strangulation offence received a term of imprisonment. From those defendants, 79% were ordered to serve time in NEW MINISTERIAL DIRECTION FOR VISA CANCELLATION DECISION New Ministerial Direction for Visa Cancellation Decision Making Potential Retroactive Impact. By Tom Foran. This article warns readers of an upcoming change in the way that decisions about visa cancellation (and visa application refusal) on character grounds willbe made.
HOW TO WRITE A CHARACTER REFERENCE FOR COURT 11. Be signed and dated. It is important that it is signed and dated so the Judge can know it was prepared for this case. Also, you can put a contact phone number on the reference. This gives the lawyer the ability to say to the Prosecutor “give them a ring and check what they’ve written if you want.”.CASE STUDIES
Section 9 – Possessing Dangerous Drugs and Section 10 – Possessing Utensil that had been used (Drugs Misuse Act Queensland). In this case, cannabis and temazepam are both schedule 2 drugs and the amounts did not exceed schedule 3, therefore the maximum penalty is 15 years imprisonment for both offences. The maximum penalty for possessing aUNINSURED VEHICLES
What the law says. Section 20 of the Motor Vehicle Accident Insurance Act Queensland states: A person must not drive an uninsured motor vehicle on a road or in a public place. A person who is the owner of an uninsured motor vehicle must not permit someone else to drive it on a road or in a public place. Note that if you vehicle is uninsured itINCEST - QLD
What the law says. Section 222 of the Criminal Code Queensland states: 1. Any person. (a) who has carnal knowledge with or of the person’s offspring or other lineal descendent, or sibling, parents, grandparent, uncle, aunt, nephew or niece and. (b) knows that the other person bears that the relationship to him or her, or somerelationship of
FALSE STATEMENT UNDER OATH What the law says. Sections 193 of the Criminal Code Queensland states: (a) Any person who, on any occasion on which a person making a statement touching any matter is required by law to make it on oath or under some sanction which may by law be substituted for an oath, or is required to verify it by solemn declaration or affirmation, makes a statement touching such matter which, in any THREE LAWS PARENTS IN QUEENSLAND SHOULD KNOW ABOUT Section 280 states: It is lawful for a parent or a person in the place of a parent, or for a schoolteacher or master, to use, by way of correction, discipline, management or control, towards a child or pupil, under the person’s care such force as is reasonable under thecircumstances.
CRIMINAL AND LITIGATION LAWYERS BRISBANE & GOLD COASTCRIMINAL LAWDOMESTIC VIOLENCETRAFFIC LAWLITIGATIONRESULTSLEGAL ADVICE Expert Criminal and Litigation Lawyers Brisbane, Gold Coast and throughout Queensland. Potts Lawyers is Queensland’s largest private criminal law firm, providing expert representation for criminal, drug and traffic matters throughout Queensland. We are also highly skilled in the practice areas of civil litigation and dispute resolution. TRAFFIC FINE LAWYERS To dispute your fine you will need to fill out the “Election for Court” section on the back of your infringement notice and send it to the address provided on the notice. You have 28 days from the date of the infringement notice to indicate to Queensland Transport that you are disputing the fine. After this time you will be required topay
STRANGULATION, SUFFOCATION OR CHOKING Because strangulation is an offence involving violence, imprisonment is not a last resort (even for first time offenders). The Queensland Sentencing Advisory Council released a report in May 2019 which revealed that from 2016 to 2018, over 97% of defendants who were convicted of a strangulation offence received a term of imprisonment. From those defendants, 79% were ordered to serve time in NEW MINISTERIAL DIRECTION FOR VISA CANCELLATION DECISION New Ministerial Direction for Visa Cancellation Decision Making Potential Retroactive Impact. By Tom Foran. This article warns readers of an upcoming change in the way that decisions about visa cancellation (and visa application refusal) on character grounds willbe made.
HOW TO WRITE A CHARACTER REFERENCE FOR COURT 11. Be signed and dated. It is important that it is signed and dated so the Judge can know it was prepared for this case. Also, you can put a contact phone number on the reference. This gives the lawyer the ability to say to the Prosecutor “give them a ring and check what they’ve written if you want.”.CASE STUDIES
Section 9 – Possessing Dangerous Drugs and Section 10 – Possessing Utensil that had been used (Drugs Misuse Act Queensland). In this case, cannabis and temazepam are both schedule 2 drugs and the amounts did not exceed schedule 3, therefore the maximum penalty is 15 years imprisonment for both offences. The maximum penalty for possessing aUNINSURED VEHICLES
What the law says. Section 20 of the Motor Vehicle Accident Insurance Act Queensland states: A person must not drive an uninsured motor vehicle on a road or in a public place. A person who is the owner of an uninsured motor vehicle must not permit someone else to drive it on a road or in a public place. Note that if you vehicle is uninsured itINCEST - QLD
What the law says. Section 222 of the Criminal Code Queensland states: 1. Any person. (a) who has carnal knowledge with or of the person’s offspring or other lineal descendent, or sibling, parents, grandparent, uncle, aunt, nephew or niece and. (b) knows that the other person bears that the relationship to him or her, or somerelationship of
FALSE STATEMENT UNDER OATH What the law says. Sections 193 of the Criminal Code Queensland states: (a) Any person who, on any occasion on which a person making a statement touching any matter is required by law to make it on oath or under some sanction which may by law be substituted for an oath, or is required to verify it by solemn declaration or affirmation, makes a statement touching such matter which, in any THREE LAWS PARENTS IN QUEENSLAND SHOULD KNOW ABOUT Section 280 states: It is lawful for a parent or a person in the place of a parent, or for a schoolteacher or master, to use, by way of correction, discipline, management or control, towards a child or pupil, under the person’s care such force as is reasonable under thecircumstances.
WORKPLACE INVESTIGATIONS AND RESPONDING TO ALLEGATIONS OF Workplace Investigations and Responding to Allegations of Misconduct By Chris Korbel At face value, responding to allegations of misconduct may seem This article will provide three general reasons about why responding to allegations of misconduct may not be as simple as onemight think.
TRAFFICKING DANGEROUS DRUGS The maximum penalties for trafficking in a dangerous drug are very serious. If the charge relates to a Schedule 1 drug (such as Amphetamine, Cocaine, Heroin, Ecstacy, Steroids) the maximum penalty is 25 years imprisonment. If the charge relates to a Schedule 2 drug (such as Cannabis, LSD or Diazepam) the maximum penalty is 20 yearsimprisonment.
TRESPASSING OFFENCES I’ve been charged with “trespass”. What does this mean? It is an offence to unlawfully enter, or remain in, a dwelling or the yard of adwelling.
THE LAW OF DOUBLE JEOPARDY IN QUEENSLAND CONFIRMED An application pursuant to s678B of the Criminal Code 1899 . Last month in a unanimous decision, the Queensland Court of Appeal dismissed an application brought by the Director of Public Prosecutions for an order pursuant to section 678B of the Criminal Code that a person be retried for a murder for which they were previously acquitted. FALSE STATEMENT UNDER OATH What the law says. Sections 193 of the Criminal Code Queensland states: (a) Any person who, on any occasion on which a person making a statement touching any matter is required by law to make it on oath or under some sanction which may by law be substituted for an oath, or is required to verify it by solemn declaration or affirmation, makes a statement touching such matter which, in any RECEIVING PROPERTY OBTAINED FROM TRAFFICKING DANGEROUS DRUGS What the law says. Section 7 (1) of the Drug Misuse Act 1986 provides that a person who receives or possesses property, other than a dangerous drug, (offence property) obtained, directly or indirectly, from the commission the offences of trafficking or supplying a dangerous drug (see sections 5 and 6 of the Drugs Misuse Act orequivalent
COMPUTER OFFENCES: COMPUTER HACKING What the law says. Sections 408E of the Criminal Code Queensland states: A person who uses a restricted computer without the consent of the computer’s controller commits an offence. If the person causes or intends to cause detriment or damage, or gains or intends to gain a benefit, the person commits a crime. If the person causes a detriment POSSESSING AND ACQUIRING HANDCUFFS OR THUMBCUFFS For subsection (1), it is not a reasonable excuse to possess or acquire a restricted item for crowd or traffic control. (Restricted Item means an item prescribed as a restricted item under the Weapons Categories Regulations). Restricted Items (Act, s 67) Weapons Categories Regulation 1997. (a) Handcuffs, thumbcuffs or other similarrestraints;
BLACKMAIL / DEMAND PROPERTY WITH MENACE / EXTORTION BY THREATS Section 416 of the Criminal Code states: 416. Any person who, with intent to extort or gain any property or benefit or the performance of services from a person-. (a) accuses or threatens to accuse any person of committing any indictable offence, or offering or making any solicitation or threat to any person as an inducement to commit orpermit
MEDICAL NEGLIGENCE AND VICARIOUS LIABILITY: MASSON V In the matter of Masson v State of Queensland QCA 80 the appellant was the estate of the late Ms Masson. Ms Masson’s claim survived in the hands of her estate in accordance with the Succession Act 1981 (Qld). The claim in negligence was against the State of Queensland as the provider for the Queensland Ambulance Services(‘QAS’).
CRIMINAL AND LITIGATION LAWYERS BRISBANE & GOLD COASTCRIMINAL LAWDOMESTIC VIOLENCETRAFFIC LAWLITIGATIONRESULTSLEGAL ADVICE Expert Criminal and Litigation Lawyers Brisbane, Gold Coast and throughout Queensland. Potts Lawyers is Queensland’s largest private criminal law firm, providing expert representation for criminal, drug and traffic matters throughout Queensland. We are also highly skilled in the practice areas of civil litigation and dispute resolution. TRAFFIC FINE LAWYERS To dispute your fine you will need to fill out the “Election for Court” section on the back of your infringement notice and send it to the address provided on the notice. You have 28 days from the date of the infringement notice to indicate to Queensland Transport that you are disputing the fine. After this time you will be required topay
STRANGULATION, SUFFOCATION OR CHOKING Because strangulation is an offence involving violence, imprisonment is not a last resort (even for first time offenders). The Queensland Sentencing Advisory Council released a report in May 2019 which revealed that from 2016 to 2018, over 97% of defendants who were convicted of a strangulation offence received a term of imprisonment. From those defendants, 79% were ordered to serve time in NEW MINISTERIAL DIRECTION FOR VISA CANCELLATION DECISION New Ministerial Direction for Visa Cancellation Decision Making Potential Retroactive Impact. By Tom Foran. This article warns readers of an upcoming change in the way that decisions about visa cancellation (and visa application refusal) on character grounds willbe made.
HOW TO WRITE A CHARACTER REFERENCE FOR COURT 11. Be signed and dated. It is important that it is signed and dated so the Judge can know it was prepared for this case. Also, you can put a contact phone number on the reference. This gives the lawyer the ability to say to the Prosecutor “give them a ring and check what they’ve written if you want.”.CASE STUDIES
Section 9 – Possessing Dangerous Drugs and Section 10 – Possessing Utensil that had been used (Drugs Misuse Act Queensland). In this case, cannabis and temazepam are both schedule 2 drugs and the amounts did not exceed schedule 3, therefore the maximum penalty is 15 years imprisonment for both offences. The maximum penalty for possessing aUNINSURED VEHICLES
What the law says. Section 20 of the Motor Vehicle Accident Insurance Act Queensland states: A person must not drive an uninsured motor vehicle on a road or in a public place. A person who is the owner of an uninsured motor vehicle must not permit someone else to drive it on a road or in a public place. Note that if you vehicle is uninsured itINCEST - QLD
What the law says. Section 222 of the Criminal Code Queensland states: 1. Any person. (a) who has carnal knowledge with or of the person’s offspring or other lineal descendent, or sibling, parents, grandparent, uncle, aunt, nephew or niece and. (b) knows that the other person bears that the relationship to him or her, or somerelationship of
FALSE STATEMENT UNDER OATH What the law says. Sections 193 of the Criminal Code Queensland states: (a) Any person who, on any occasion on which a person making a statement touching any matter is required by law to make it on oath or under some sanction which may by law be substituted for an oath, or is required to verify it by solemn declaration or affirmation, makes a statement touching such matter which, in any THREE LAWS PARENTS IN QUEENSLAND SHOULD KNOW ABOUT Section 280 states: It is lawful for a parent or a person in the place of a parent, or for a schoolteacher or master, to use, by way of correction, discipline, management or control, towards a child or pupil, under the person’s care such force as is reasonable under thecircumstances.
CRIMINAL AND LITIGATION LAWYERS BRISBANE & GOLD COASTCRIMINAL LAWDOMESTIC VIOLENCETRAFFIC LAWLITIGATIONRESULTSLEGAL ADVICE Expert Criminal and Litigation Lawyers Brisbane, Gold Coast and throughout Queensland. Potts Lawyers is Queensland’s largest private criminal law firm, providing expert representation for criminal, drug and traffic matters throughout Queensland. We are also highly skilled in the practice areas of civil litigation and dispute resolution. TRAFFIC FINE LAWYERS To dispute your fine you will need to fill out the “Election for Court” section on the back of your infringement notice and send it to the address provided on the notice. You have 28 days from the date of the infringement notice to indicate to Queensland Transport that you are disputing the fine. After this time you will be required topay
STRANGULATION, SUFFOCATION OR CHOKING Because strangulation is an offence involving violence, imprisonment is not a last resort (even for first time offenders). The Queensland Sentencing Advisory Council released a report in May 2019 which revealed that from 2016 to 2018, over 97% of defendants who were convicted of a strangulation offence received a term of imprisonment. From those defendants, 79% were ordered to serve time in NEW MINISTERIAL DIRECTION FOR VISA CANCELLATION DECISION New Ministerial Direction for Visa Cancellation Decision Making Potential Retroactive Impact. By Tom Foran. This article warns readers of an upcoming change in the way that decisions about visa cancellation (and visa application refusal) on character grounds willbe made.
HOW TO WRITE A CHARACTER REFERENCE FOR COURT 11. Be signed and dated. It is important that it is signed and dated so the Judge can know it was prepared for this case. Also, you can put a contact phone number on the reference. This gives the lawyer the ability to say to the Prosecutor “give them a ring and check what they’ve written if you want.”.CASE STUDIES
Section 9 – Possessing Dangerous Drugs and Section 10 – Possessing Utensil that had been used (Drugs Misuse Act Queensland). In this case, cannabis and temazepam are both schedule 2 drugs and the amounts did not exceed schedule 3, therefore the maximum penalty is 15 years imprisonment for both offences. The maximum penalty for possessing aUNINSURED VEHICLES
What the law says. Section 20 of the Motor Vehicle Accident Insurance Act Queensland states: A person must not drive an uninsured motor vehicle on a road or in a public place. A person who is the owner of an uninsured motor vehicle must not permit someone else to drive it on a road or in a public place. Note that if you vehicle is uninsured itINCEST - QLD
What the law says. Section 222 of the Criminal Code Queensland states: 1. Any person. (a) who has carnal knowledge with or of the person’s offspring or other lineal descendent, or sibling, parents, grandparent, uncle, aunt, nephew or niece and. (b) knows that the other person bears that the relationship to him or her, or somerelationship of
FALSE STATEMENT UNDER OATH What the law says. Sections 193 of the Criminal Code Queensland states: (a) Any person who, on any occasion on which a person making a statement touching any matter is required by law to make it on oath or under some sanction which may by law be substituted for an oath, or is required to verify it by solemn declaration or affirmation, makes a statement touching such matter which, in any THREE LAWS PARENTS IN QUEENSLAND SHOULD KNOW ABOUT Section 280 states: It is lawful for a parent or a person in the place of a parent, or for a schoolteacher or master, to use, by way of correction, discipline, management or control, towards a child or pupil, under the person’s care such force as is reasonable under thecircumstances.
WORKPLACE INVESTIGATIONS AND RESPONDING TO ALLEGATIONS OF Workplace Investigations and Responding to Allegations of Misconduct By Chris Korbel At face value, responding to allegations of misconduct may seem This article will provide three general reasons about why responding to allegations of misconduct may not be as simple as onemight think.
TRAFFICKING DANGEROUS DRUGS The maximum penalties for trafficking in a dangerous drug are very serious. If the charge relates to a Schedule 1 drug (such as Amphetamine, Cocaine, Heroin, Ecstacy, Steroids) the maximum penalty is 25 years imprisonment. If the charge relates to a Schedule 2 drug (such as Cannabis, LSD or Diazepam) the maximum penalty is 20 yearsimprisonment.
TRESPASSING OFFENCES I’ve been charged with “trespass”. What does this mean? It is an offence to unlawfully enter, or remain in, a dwelling or the yard of adwelling.
THE LAW OF DOUBLE JEOPARDY IN QUEENSLAND CONFIRMED An application pursuant to s678B of the Criminal Code 1899 . Last month in a unanimous decision, the Queensland Court of Appeal dismissed an application brought by the Director of Public Prosecutions for an order pursuant to section 678B of the Criminal Code that a person be retried for a murder for which they were previously acquitted. FALSE STATEMENT UNDER OATH What the law says. Sections 193 of the Criminal Code Queensland states: (a) Any person who, on any occasion on which a person making a statement touching any matter is required by law to make it on oath or under some sanction which may by law be substituted for an oath, or is required to verify it by solemn declaration or affirmation, makes a statement touching such matter which, in any RECEIVING PROPERTY OBTAINED FROM TRAFFICKING DANGEROUS DRUGS What the law says. Section 7 (1) of the Drug Misuse Act 1986 provides that a person who receives or possesses property, other than a dangerous drug, (offence property) obtained, directly or indirectly, from the commission the offences of trafficking or supplying a dangerous drug (see sections 5 and 6 of the Drugs Misuse Act orequivalent
COMPUTER OFFENCES: COMPUTER HACKING What the law says. Sections 408E of the Criminal Code Queensland states: A person who uses a restricted computer without the consent of the computer’s controller commits an offence. If the person causes or intends to cause detriment or damage, or gains or intends to gain a benefit, the person commits a crime. If the person causes a detriment POSSESSING AND ACQUIRING HANDCUFFS OR THUMBCUFFS For subsection (1), it is not a reasonable excuse to possess or acquire a restricted item for crowd or traffic control. (Restricted Item means an item prescribed as a restricted item under the Weapons Categories Regulations). Restricted Items (Act, s 67) Weapons Categories Regulation 1997. (a) Handcuffs, thumbcuffs or other similarrestraints;
BLACKMAIL / DEMAND PROPERTY WITH MENACE / EXTORTION BY THREATS Section 416 of the Criminal Code states: 416. Any person who, with intent to extort or gain any property or benefit or the performance of services from a person-. (a) accuses or threatens to accuse any person of committing any indictable offence, or offering or making any solicitation or threat to any person as an inducement to commit orpermit
MEDICAL NEGLIGENCE AND VICARIOUS LIABILITY: MASSON V In the matter of Masson v State of Queensland QCA 80 the appellant was the estate of the late Ms Masson. Ms Masson’s claim survived in the hands of her estate in accordance with the Succession Act 1981 (Qld). The claim in negligence was against the State of Queensland as the provider for the Queensland Ambulance Services(‘QAS’).
CRIMINAL AND LITIGATION LAWYERS BRISBANE & GOLD COASTCRIMINAL LAWDOMESTIC VIOLENCETRAFFIC LAWLITIGATIONRESULTSLEGAL ADVICE Expert Criminal and Litigation Lawyers Brisbane, Gold Coast and throughout Queensland. Potts Lawyers is Queensland’s largest private criminal law firm, providing expert representation for criminal, drug and traffic matters throughout Queensland. We are also highly skilled in the practice areas of civil litigation and dispute resolution. NEW MINISTERIAL DIRECTION FOR VISA CANCELLATION DECISION New Ministerial Direction for Visa Cancellation Decision Making Potential Retroactive Impact. By Tom Foran. This article warns readers of an upcoming change in the way that decisions about visa cancellation (and visa application refusal) on character grounds willbe made.
WORKPLACE INVESTIGATIONS AND RESPONDING TO ALLEGATIONS OF Workplace Investigations and Responding to Allegations of Misconduct By Chris Korbel At face value, responding to allegations of misconduct may seem This article will provide three general reasons about why responding to allegations of misconduct may not be as simple as onemight think.
STRANGULATION, SUFFOCATION OR CHOKING Because strangulation is an offence involving violence, imprisonment is not a last resort (even for first time offenders). The Queensland Sentencing Advisory Council released a report in May 2019 which revealed that from 2016 to 2018, over 97% of defendants who were convicted of a strangulation offence received a term of imprisonment. From those defendants, 79% were ordered to serve time inCASE STUDIES
Section 9 – Possessing Dangerous Drugs and Section 10 – Possessing Utensil that had been used (Drugs Misuse Act Queensland). In this case, cannabis and temazepam are both schedule 2 drugs and the amounts did not exceed schedule 3, therefore the maximum penalty is 15 years imprisonment for both offences. The maximum penalty for possessing aINCEST - QLD
What the law says. Section 222 of the Criminal Code Queensland states: 1. Any person. (a) who has carnal knowledge with or of the person’s offspring or other lineal descendent, or sibling, parents, grandparent, uncle, aunt, nephew or niece and. (b) knows that the other person bears that the relationship to him or her, or somerelationship of
THE LAW OF DOUBLE JEOPARDY IN QUEENSLAND CONFIRMED An application pursuant to s678B of the Criminal Code 1899 . Last month in a unanimous decision, the Queensland Court of Appeal dismissed an application brought by the Director of Public Prosecutions for an order pursuant to section 678B of the Criminal Code that a person be retried for a murder for which they were previously acquitted.UNINSURED VEHICLES
What the law says. Section 20 of the Motor Vehicle Accident Insurance Act Queensland states: A person must not drive an uninsured motor vehicle on a road or in a public place. A person who is the owner of an uninsured motor vehicle must not permit someone else to drive it on a road or in a public place. Note that if you vehicle is uninsured it UNLAWFUL POSSESSION OF SUSPECTED STOLEN PROPERTY Possible defences. Possible defences to this offence include but are not limited to. The accused was not in possession of the property. The accused had permission to have the property. Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who is experienced in Unlawful Possession of Suspected Stolen Propertymatters)
RECEIVING PROPERTY OBTAINED FROM TRAFFICKING DANGEROUS DRUGS What the law says. Section 7 (1) of the Drug Misuse Act 1986 provides that a person who receives or possesses property, other than a dangerous drug, (offence property) obtained, directly or indirectly, from the commission the offences of trafficking or supplying a dangerous drug (see sections 5 and 6 of the Drugs Misuse Act orequivalent
CRIMINAL AND LITIGATION LAWYERS BRISBANE & GOLD COASTCRIMINAL LAWDOMESTIC VIOLENCETRAFFIC LAWLITIGATIONRESULTSLEGAL ADVICE Expert Criminal and Litigation Lawyers Brisbane, Gold Coast and throughout Queensland. Potts Lawyers is Queensland’s largest private criminal law firm, providing expert representation for criminal, drug and traffic matters throughout Queensland. We are also highly skilled in the practice areas of civil litigation and dispute resolution. NEW MINISTERIAL DIRECTION FOR VISA CANCELLATION DECISION New Ministerial Direction for Visa Cancellation Decision Making Potential Retroactive Impact. By Tom Foran. This article warns readers of an upcoming change in the way that decisions about visa cancellation (and visa application refusal) on character grounds willbe made.
WORKPLACE INVESTIGATIONS AND RESPONDING TO ALLEGATIONS OF Workplace Investigations and Responding to Allegations of Misconduct By Chris Korbel At face value, responding to allegations of misconduct may seem This article will provide three general reasons about why responding to allegations of misconduct may not be as simple as onemight think.
STRANGULATION, SUFFOCATION OR CHOKING Because strangulation is an offence involving violence, imprisonment is not a last resort (even for first time offenders). The Queensland Sentencing Advisory Council released a report in May 2019 which revealed that from 2016 to 2018, over 97% of defendants who were convicted of a strangulation offence received a term of imprisonment. From those defendants, 79% were ordered to serve time inCASE STUDIES
Section 9 – Possessing Dangerous Drugs and Section 10 – Possessing Utensil that had been used (Drugs Misuse Act Queensland). In this case, cannabis and temazepam are both schedule 2 drugs and the amounts did not exceed schedule 3, therefore the maximum penalty is 15 years imprisonment for both offences. The maximum penalty for possessing aINCEST - QLD
What the law says. Section 222 of the Criminal Code Queensland states: 1. Any person. (a) who has carnal knowledge with or of the person’s offspring or other lineal descendent, or sibling, parents, grandparent, uncle, aunt, nephew or niece and. (b) knows that the other person bears that the relationship to him or her, or somerelationship of
THE LAW OF DOUBLE JEOPARDY IN QUEENSLAND CONFIRMED An application pursuant to s678B of the Criminal Code 1899 . Last month in a unanimous decision, the Queensland Court of Appeal dismissed an application brought by the Director of Public Prosecutions for an order pursuant to section 678B of the Criminal Code that a person be retried for a murder for which they were previously acquitted.UNINSURED VEHICLES
What the law says. Section 20 of the Motor Vehicle Accident Insurance Act Queensland states: A person must not drive an uninsured motor vehicle on a road or in a public place. A person who is the owner of an uninsured motor vehicle must not permit someone else to drive it on a road or in a public place. Note that if you vehicle is uninsured it UNLAWFUL POSSESSION OF SUSPECTED STOLEN PROPERTY Possible defences. Possible defences to this offence include but are not limited to. The accused was not in possession of the property. The accused had permission to have the property. Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who is experienced in Unlawful Possession of Suspected Stolen Propertymatters)
RECEIVING PROPERTY OBTAINED FROM TRAFFICKING DANGEROUS DRUGS What the law says. Section 7 (1) of the Drug Misuse Act 1986 provides that a person who receives or possesses property, other than a dangerous drug, (offence property) obtained, directly or indirectly, from the commission the offences of trafficking or supplying a dangerous drug (see sections 5 and 6 of the Drugs Misuse Act orequivalent
WORKPLACE INVESTIGATIONS AND RESPONDING TO ALLEGATIONS OF Workplace Investigations and Responding to Allegations of Misconduct By Chris Korbel At face value, responding to allegations of misconduct may seem This article will provide three general reasons about why responding to allegations of misconduct may not be as simple as onemight think.
TRAFFIC FINE LAWYERS To dispute your fine you will need to fill out the “Election for Court” section on the back of your infringement notice and send it to the address provided on the notice. You have 28 days from the date of the infringement notice to indicate to Queensland Transport that you are disputing the fine. After this time you will be required topay
FALSE PRETENCES
1. The accused made either a false pretence of fact, or a wilfully false promise, or a partly false pretence and a partly false promise to some person. 2. The accused knew it to be false. 3. Through means of such pretence (false promise etc) the accused obtained property. 4. With intent to defraud. It will be necessary for the Police in every TRAFFICKING DANGEROUS DRUGS The maximum penalties for trafficking in a dangerous drug are very serious. If the charge relates to a Schedule 1 drug (such as Amphetamine, Cocaine, Heroin, Ecstacy, Steroids) the maximum penalty is 25 years imprisonment. If the charge relates to a Schedule 2 drug (such as Cannabis, LSD or Diazepam) the maximum penalty is 20 yearsimprisonment.
FALSE STATEMENT UNDER OATH What the law says. Sections 193 of the Criminal Code Queensland states: (a) Any person who, on any occasion on which a person making a statement touching any matter is required by law to make it on oath or under some sanction which may by law be substituted for an oath, or is required to verify it by solemn declaration or affirmation, makes a statement touching such matter which, in any RESPONDING TO SHOW CAUSE LETTERS A show cause letter (also known as a show cause notice), is a letter sent to a person which provides them with an opportunity to respond to an allegation mounted against them, before a decision is made in relation to their guilt or innocence and, if necessary, the penalty being proposed. The show cause letter is often provided to a person COMPUTER OFFENCES: COMPUTER HACKING What the law says. Sections 408E of the Criminal Code Queensland states: A person who uses a restricted computer without the consent of the computer’s controller commits an offence. If the person causes or intends to cause detriment or damage, or gains or intends to gain a benefit, the person commits a crime. If the person causes a detriment POSSESSING AND ACQUIRING HANDCUFFS OR THUMBCUFFS For subsection (1), it is not a reasonable excuse to possess or acquire a restricted item for crowd or traffic control. (Restricted Item means an item prescribed as a restricted item under the Weapons Categories Regulations). Restricted Items (Act, s 67) Weapons Categories Regulation 1997. (a) Handcuffs, thumbcuffs or other similarrestraints;
DANGEROUS OPERATION OF A MOTOR VEHICLE CAUSING GRIEVOUS A person who operates, or in any way interferes with the operation of, a vehicle dangerously in any place and causes the death or bodily harm to another person commits a crime and is liable on conviction on indictment-. (a) to imprisonment for 10 years, if neither paragraph (b) or (c) applies or. (b) to imprisonment for 14 years if, at thetime
DID YOU KNOW YOU COULD GET DONE DRINK DRIVING ON AN Article by Erin Mitchell, Senior Criminal Lawyer. On Saturday 13 January 2019, a man in his 40s was intercepted by Police in Brisbane riding one of those new green electric scooters that you see parked around the Brisbane CBD. It is alleged the man was riding the scooter without a helmet and proceeded through a red light without stopping. CRIMINAL AND LITIGATION LAWYERS BRISBANE & GOLD COASTCRIMINAL LAWDOMESTIC VIOLENCETRAFFIC LAWLITIGATIONRESULTSLEGAL ADVICE Expert Criminal and Litigation Lawyers Brisbane, Gold Coast and throughout Queensland. Potts Lawyers is Queensland’s largest private criminal law firm, providing expert representation for criminal, drug and traffic matters throughout Queensland. We are also highly skilled in the practice areas of civil litigation and dispute resolution. TRAFFIC FINE LAWYERS To dispute your fine you will need to fill out the “Election for Court” section on the back of your infringement notice and send it to the address provided on the notice. You have 28 days from the date of the infringement notice to indicate to Queensland Transport that you are disputing the fine. After this time you will be required topay
CASE STUDIES
Section 9 – Possessing Dangerous Drugs and Section 10 – Possessing Utensil that had been used (Drugs Misuse Act Queensland). In this case, cannabis and temazepam are both schedule 2 drugs and the amounts did not exceed schedule 3, therefore the maximum penalty is 15 years imprisonment for both offences. The maximum penalty for possessing a ATTEMPTING TO PERVERT JUSTICE In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt. The accused: The defendant did the conduct alleged in the indictment. That the conduct alleged in the indictment had the tendency to pervert the course of justice, i.e. turn it aside from its proper course; The THE LAW OF DOUBLE JEOPARDY IN QUEENSLAND CONFIRMED An application pursuant to s678B of the Criminal Code 1899 . Last month in a unanimous decision, the Queensland Court of Appeal dismissed an application brought by the Director of Public Prosecutions for an order pursuant to section 678B of the Criminal Code that a person be retried for a murder for which they were previously acquitted. POSSESSING AND ACQUIRING HANDCUFFS OR THUMBCUFFS For subsection (1), it is not a reasonable excuse to possess or acquire a restricted item for crowd or traffic control. (Restricted Item means an item prescribed as a restricted item under the Weapons Categories Regulations). Restricted Items (Act, s 67) Weapons Categories Regulation 1997. (a) Handcuffs, thumbcuffs or other similarrestraints;
UNINSURED VEHICLES
What the law says. Section 20 of the Motor Vehicle Accident Insurance Act Queensland states: A person must not drive an uninsured motor vehicle on a road or in a public place. A person who is the owner of an uninsured motor vehicle must not permit someone else to drive it on a road or in a public place. Note that if you vehicle is uninsured it POSSESSION OF KNIFE IN A PUBLIC PLACE OR SCHOOL Sections 51 of the Weapons Act Queensland states: A person must not physically possess a knife in a public place or school, unless the person has a reasonable excuse. (b) being used to wound or threaten to wound anyone when held in 1 or both hands. (b) a non-State school under the Education (Accreditation of Non-State Schools) Act 2001. RECEIVING PROPERTY OBTAINED FROM TRAFFICKING DANGEROUS DRUGS What the law says. Section 7 (1) of the Drug Misuse Act 1986 provides that a person who receives or possesses property, other than a dangerous drug, (offence property) obtained, directly or indirectly, from the commission the offences of trafficking or supplying a dangerous drug (see sections 5 and 6 of the Drugs Misuse Act orequivalent
MEDICAL NEGLIGENCE AND VICARIOUS LIABILITY: MASSON VSEE MORE ONPOTTSLAWYERS.COM.AU
CRIMINAL AND LITIGATION LAWYERS BRISBANE & GOLD COASTCRIMINAL LAWDOMESTIC VIOLENCETRAFFIC LAWLITIGATIONRESULTSLEGAL ADVICE Expert Criminal and Litigation Lawyers Brisbane, Gold Coast and throughout Queensland. Potts Lawyers is Queensland’s largest private criminal law firm, providing expert representation for criminal, drug and traffic matters throughout Queensland. We are also highly skilled in the practice areas of civil litigation and dispute resolution. TRAFFIC FINE LAWYERS To dispute your fine you will need to fill out the “Election for Court” section on the back of your infringement notice and send it to the address provided on the notice. You have 28 days from the date of the infringement notice to indicate to Queensland Transport that you are disputing the fine. After this time you will be required topay
CASE STUDIES
Section 9 – Possessing Dangerous Drugs and Section 10 – Possessing Utensil that had been used (Drugs Misuse Act Queensland). In this case, cannabis and temazepam are both schedule 2 drugs and the amounts did not exceed schedule 3, therefore the maximum penalty is 15 years imprisonment for both offences. The maximum penalty for possessing a ATTEMPTING TO PERVERT JUSTICE In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt. The accused: The defendant did the conduct alleged in the indictment. That the conduct alleged in the indictment had the tendency to pervert the course of justice, i.e. turn it aside from its proper course; The THE LAW OF DOUBLE JEOPARDY IN QUEENSLAND CONFIRMED An application pursuant to s678B of the Criminal Code 1899 . Last month in a unanimous decision, the Queensland Court of Appeal dismissed an application brought by the Director of Public Prosecutions for an order pursuant to section 678B of the Criminal Code that a person be retried for a murder for which they were previously acquitted. POSSESSING AND ACQUIRING HANDCUFFS OR THUMBCUFFS For subsection (1), it is not a reasonable excuse to possess or acquire a restricted item for crowd or traffic control. (Restricted Item means an item prescribed as a restricted item under the Weapons Categories Regulations). Restricted Items (Act, s 67) Weapons Categories Regulation 1997. (a) Handcuffs, thumbcuffs or other similarrestraints;
UNINSURED VEHICLES
What the law says. Section 20 of the Motor Vehicle Accident Insurance Act Queensland states: A person must not drive an uninsured motor vehicle on a road or in a public place. A person who is the owner of an uninsured motor vehicle must not permit someone else to drive it on a road or in a public place. Note that if you vehicle is uninsured it POSSESSION OF KNIFE IN A PUBLIC PLACE OR SCHOOL Sections 51 of the Weapons Act Queensland states: A person must not physically possess a knife in a public place or school, unless the person has a reasonable excuse. (b) being used to wound or threaten to wound anyone when held in 1 or both hands. (b) a non-State school under the Education (Accreditation of Non-State Schools) Act 2001. RECEIVING PROPERTY OBTAINED FROM TRAFFICKING DANGEROUS DRUGS What the law says. Section 7 (1) of the Drug Misuse Act 1986 provides that a person who receives or possesses property, other than a dangerous drug, (offence property) obtained, directly or indirectly, from the commission the offences of trafficking or supplying a dangerous drug (see sections 5 and 6 of the Drugs Misuse Act orequivalent
MEDICAL NEGLIGENCE AND VICARIOUS LIABILITY: MASSON VSEE MORE ONPOTTSLAWYERS.COM.AU
TRAFFICKING DANGEROUS DRUGS The maximum penalties for trafficking in a dangerous drug are very serious. If the charge relates to a Schedule 1 drug (such as Amphetamine, Cocaine, Heroin, Ecstacy, Steroids) the maximum penalty is 25 years imprisonment. If the charge relates to a Schedule 2 drug (such as Cannabis, LSD or Diazepam) the maximum penalty is 20 yearsimprisonment.
RECEIVING PROPERTY OBTAINED FROM TRAFFICKING DANGEROUS DRUGS What the law says. Section 7 (1) of the Drug Misuse Act 1986 provides that a person who receives or possesses property, other than a dangerous drug, (offence property) obtained, directly or indirectly, from the commission the offences of trafficking or supplying a dangerous drug (see sections 5 and 6 of the Drugs Misuse Act orequivalent
STRANGULATION, SUFFOCATION OR CHOKING Because strangulation is an offence involving violence, imprisonment is not a last resort (even for first time offenders). The Queensland Sentencing Advisory Council released a report in May 2019 which revealed that from 2016 to 2018, over 97% of defendants who were convicted of a strangulation offence received a term of imprisonment. From those defendants, 79% were ordered to serve time inUNINSURED VEHICLES
What the law says. Section 20 of the Motor Vehicle Accident Insurance Act Queensland states: A person must not drive an uninsured motor vehicle on a road or in a public place. A person who is the owner of an uninsured motor vehicle must not permit someone else to drive it on a road or in a public place. Note that if you vehicle is uninsured it POSSESSION OF KNIFE IN A PUBLIC PLACE OR SCHOOL Sections 51 of the Weapons Act Queensland states: A person must not physically possess a knife in a public place or school, unless the person has a reasonable excuse. (b) being used to wound or threaten to wound anyone when held in 1 or both hands. (b) a non-State school under the Education (Accreditation of Non-State Schools) Act 2001. TORTURE - ASSAULTS AND VIOLENT OFFENCES What the law says about torture. Sections 320A of the Criminal Code Queensland states: A person who tortures another person commits a crime In this section-“pain or suffering” includes physical, mental, psychological or emotional pain or suffering, whether temporary or permanent.”torture” means the intentional infliction of severe pain or suffering on a person by an act or series of COMPUTER OFFENCES: COMPUTER HACKING What the law says. Sections 408E of the Criminal Code Queensland states: A person who uses a restricted computer without the consent of the computer’s controller commits an offence. If the person causes or intends to cause detriment or damage, or gains or intends to gain a benefit, the person commits a crime. If the person causes a detriment UNLAWFUL POSSESSION OF SUSPECTED STOLEN PROPERTY Possible defences. Possible defences to this offence include but are not limited to. The accused was not in possession of the property. The accused had permission to have the property. Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who is experienced in Unlawful Possession of Suspected Stolen Propertymatters)
FORGERY | POTTS LAWYERS 1. The accused made a false document with the intention that the person or another will use it: (a) To dishonestly induce a third person in the third person’s capacity as a public official to accept it a genuine; and. (b If it is so accepted, to dishonestly obtain a gain, dishonestly cause a loss, or dishonestly influence the exerciseof a
POST-EMPLOYMENT OBLIGATIONS: RESTRAINT OF TRADE AND NON Generally, a well drafted employment contract should protect the employer’s interests in relation to their employee’s post-employment obligations. However, the courts may be reluctant to enforce your restraint of trade clause or non-solicitation clause because of the relative inequality of bargaining strength between employers and employees. Brisbane: __ (07) 3221 4999 Gold Coast: __ (07) 5532 3133 24 Hour Crime Line: __ 0488 999 980 or 18004POTTSBrisbane
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WELCOME TO POTTS LAWYERS EXPERT CRIMINAL AND LITIGATION LAWYERS BRISBANE, GOLD COAST AND THROUGHOUT QUEENSLAND. Potts Lawyers is Queensland’s largest private criminal law firm, providing expert representation for criminal, drug and traffic matters throughout Queensland. We are also highly skilled in the practice areas of civil litigation and dispute resolution. With a team enjoying more than 150 years of combined legal experience and a hard won reputation earned in courtrooms throughout Queensland, you can have confidence when we make a stand for you. A lawyer experienced in your type of matter will carefully explain your rights and options in plain English, design a strategy to achieve the best possible outcome for you and be up front with you about costs at every stage. These are not cheap promises recklessly made by a website copywriter to encourage you to click on a button… they are the values and ethics which have driven our practice since 1928 and endure to this day. We don’t believe in second best. Browse through our areas of practice to learn more about what we can do for you.. If you need more information about our services please contact us today. We also offer a free 20-minute consultation to help you understand what we can dofor you.
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CONTACT US NOW
Free consultation
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THREE REASONS PEOPLE CHOOSE POTTS LAWYERS:EXPERIENCE
We are Queensland’s largest private criminal law firm, with more than 150 years of combined legal experience. We have helped many thousands of clients in matters like yours. We have managed criminal law in every court from the Magistrates Court to the High Court. You can trust our advice and know that we will leave no stone unturned to achieve the best possible result. We believe in professional values which put our clients’ interests first. Our practice has been sustained by those values since 1928.WE LISTEN
We achieve the best possible results because we listen, we know how the criminal justice system works and we help and guide you every step of the way. You can rely on us to take responsibility for all dealings with the police and the courts, reducing the uncertainty and anxiety which accompanies police investigations and charges. We do what we do because we want to make a difference. Our mission is to help as many as possible navigate a course through the justicesystem.
FIXED FEE
The financial certainty of a fixed fee. In most cases, you will know the costs of each stage of your matter so you can plan your finances, Call (07) 5532 3133 for a quote today. We care about our clients and we support them through what can be the most stressful experience oftheir lives.
OUR SERVICES
POLICE INTERVIEWS & INVESTIGATIONS Legal representation and advice during police interviews or investigations to ensure that your rights and interests are protected.TRAFFIC OFFENCES
Know where you stand and determine your best options for dealing with traffic offences – no matter how big or small.DRUG OFFENCES
Effective advice and strong legal representation to ensure you’re in a position to get the best results possible for any drug charges.SEX OFFENCES
Expert advice and professional representation for dealing with sex offence charges and working towards the best possible outcomes.VIOLENCE OFFENCES
Professional legal advice and representation for violence offences including assault, robbery, domestic abuse, harassment and homicide.DOMESTIC VIOLENCE
Assistance, guidance and representation for dealing with domestic violence cases including charges for domestic abuse and domestic violence protection orders.WHITE COLLAR CRIME
Expertise in corporate law and legal representation for defending against corporate crime and white collar criminal matters. FRAUD, DISHONESTY AND THEFT OFFENCES Professional counsel, advice and representation for when you’re up against fraud, dishonesty or theft charges. CIVIL LITIGATION & DISPUTE RESOLUTION Defend yourself in court and get your due worth with qualified legal advice and representation from our team of experienced lawyers.OTHER
Professional legal advice, assessments and representation for charges that require expert knowledge and experience of criminal law. The choice of criminal lawyer is a critical one. If you aren’t sure you can find out more about our areas of practice by browsing the pages below. Otherwise, if you need to talk to a lawyer about representation please contact us today.Contact us
EXPERT CRIMINAL AND LITIGATION LAWYERS BRISBANE, GOLD COAST AND THROUGHOUT QUEENSLAND Being involved in a criminal investigation or prosecution is always stressful, particularly if it’s your first experience of the criminal justice system. The odds seem stacked against you. You aren’t sure of your rights or what the likely outcome is. You may have questions about whether you should speak with the police, what the likely penalty is, your eligibility for bail, the effect of a conviction on your drivers licence, your employment or even yourfreedom.
We can help you. Because we know how the criminal justice system works, we can take away the guesswork. We can paint a picture of how your matter could proceed from the very beginning, let you know what your rights are, set out your options, how best to handle it and whatit will cost.
We act in all types of charges in all courts. Our lawyers regularly travel throughout Queensland representing people from all walks of life. Whether your matter is at an investigation charge or it involves an appearance before a commission, a court or a disciplinary body; whether it involves a plea of guilty or a contested hearing; we will help you prepare such that your rights are protected and the outcomeis optimal.
Clients choose and recommend Potts Lawyers in Brisbane, the Gold Coast and throughout Queensland because: WE ACT IN YOUR BEST INTERESTS AND THOROUGHLY PREPARE – As your criminal lawyer, we’re committed to putting your interests above everything else. We’re here to help you get the best possible result in your circumstances and we’ll guide you through the critical steps you can take before your matter is determined to achieve that end. We will thoroughly prepare your matter for trial and ensure that all pre trial processes are properly conducted. In preparing matters for a plea of guilty, that we will arrange whatever is necessary to ensure that appropriate submissions are placed before the court. All steps appropriate to the matter will be taken whether that be offenders programs, courses of rehabilitation, drug screening programs, psychological or other expert reports, apologies or references. YOU ARE NOT ALONE–Your criminal lawyer will deal with the police, courts and other third-parties on your behalf, minimising your stress, ensuring your rights are properly protected and opportunities to achieve the best outcome are taken from the outset. WE EXPLAIN THINGS CLEARLY – Court processes and systems are complicated. Without the benefit of a plain English explanation, clients may struggle to properly participate in their matter and make the important decisions which are required of them. WE NEGOTIATE EFFECTIVELY – Negotiation is at the heart of effective criminal law representation. Charges can often be downgraded or even dropped if your lawyer has the experience and skill necessary to analyse the facts and law applicable to your matter, make appropriate submissions and confidently deal with police and prosecutors. Alternative avenues such as justice mediation will be explored. On this website you will find information about our areas of practice. Contact us today to discuss your matter and how we can assist you. VIEW OUR LATEST VIDEOS EXPERT DRUG LAWYERS BRISBANE, GOLD COAST AND THROUGHOUT QUEENSLAND Charges under Queensland drug laws must be treated seriously. A wide range of offences carry penalties ranging from drug diversion programs to lengthy terms of imprisonment. It is important that you obtain legal advice at the earliest time in order that your rights are protected. Even a conviction for a relatively minor possession charge can have serious consequences for your current and future employment and your rights to visit manycountries.
You don’t have to deal with this on your own. We will be beside you every step of the way. We will deal with the police and the courts. We will explain the drug laws and police and court processes in plain English. We will listen and work with you to prepare and develop an effective strategy to ensure your rights are protected. Potts Lawyers experienced drug lawyers have a combined experience of more than 150 years dealing with drug matters, both as defence lawyers and prosecutors. Their experience is unrivalled and they are confident representing clients from minor to the most complex of drug law matters. They know how the investigative and court processes work and they appear in courts on drug matters in Brisbane, the Gold Coast and throughout Queensland every day. You need to know your rights if you are involved in a police investigation. We can appear for you if you are charged to appear in any court or in the Crime and Corruption Commission. We know how to prepare drug law matters for trial and Potts Lawyers has successfully represented clients in all Queensland courts. We can also help you with any rehabilitation programs, screening and psychological reports to ensure that you achieve the best possible outcome in your Queensland drug law matter if you decide to pleadguilty.
On this website you will find information on drug laws and penalties which will assist you to understand the charges you are facing. Getting the best result in court and getting the help you need to deal with drug issues can start with just one phone call. Call 18004POTTS today to arrange a free 20 minute consultation. You can also contact us on line.Read More
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Use Up/Down Arrow keys to increase or decrease volume. “It is my privilege to be able to help clients through, what is for most, a very difficult period of their life. I see it as my role to help clients fully understand what is happening, to carefully explore all their options, to negotiate for them effectively and in the end to fight for them in court.” TRAFFIC LAWYERS BRISBANE, GOLD COAST AND THROUGHOUT QUEENSLAND We understand that anyone can make a mistake on the road, and accidents can happen at any time. The consequences of traffic charges are wide ranging… from simple fines to loss of licence, licence disqualifications, or – even jail time. Whatever traffic charges you may are facing, our traffic lawyers and DUI lawyers in Brisbane, the Gold Coast and throughout Queensland can help. WHY USE OUR TRAFFIC LAWYERS? EXPERIENCE– We have traffic lawyers in Brisbane, the Gold Coast and throughout Queensland who deal with the police and courts every day. You need to have confidence in your lawyer and know they have handled hundred or even thousands of matters just like yours. OPEN, HONEST GUIDANCE – We’ll explain every detail of your case in plain English. This includes the nature of the charges, the likely penalties you’re facing, and what your options are for defending the charges. You can then make an informed decision. FIXED FEES– In most cases we can provide you with a fixed fee quote so you know exactly what costs you will incur before you engage us. And if the circumstances of your case change, you will be informedimmediately.
From drink driving and minor traffic offences to serious charges like dangerous driving, our traffic DUI lawyers on the Gold Coast and Brisbane can handle any traffic-related matter you may have. Contact one of our traffic lawyerstoday.
FIXED FEE
If you wish, we can represent you on a fixed fee basis. This means that, you’ll know your legal costs ahead of time, meaning no financial surprises and the ability to manage your finances. Call us today on (07) 5532 3133 to receive a free case review and fixed price quote for your case.24-HOUR CRIME LINE
When you’re facing criminal charges, drug charges or traffic charges, it’s important to obtain legal advice and professional representation as soon as possible. That’s why we have a 24-hour Crime Line. You can obtain the legal assistance you need when you need it. To access our 24-hour Crime Line, simply call 0488 999 980or 18004POTTS.
GENERAL LEGAL ADVICE Criminal law is complicated. At Potts Lawyers, our job is to make criminal law as clear and simple as possible so our clients can understand every aspect of their matter. We’ve gathered general legal advice in some of the most common areas of criminal law so you know your rights. Please keep in mind that this information is general in nature, and it may not apply to your particular case. You will need specific advice from a criminal lawyer. If you’d like to consult with one of our criminal lawyers in Brisbane or the Gold Coast, please contact our team. We offer a free 20-minute consultation to help you understand what to expect and whatwe can do for you.
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Potts Lawyers is Queensland's largest private criminal law firm, providing expert representation for criminal and traffic matters throughout Queensland.YouTube
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CONTACT DETAILS
Brisbane Office
__ Level 1/420 George St, Brisbane 4000__ (07) 3221 4999
Gold Coast Office
__ 44 Davenport St, Southport 4215__ (07) 5532 3133
Copyright © 2018. Potts Lawyers. All Rights Reserved Individual liability limited by a scheme approved under professional standards legislation (personal injury work exempted).Details
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