News
One Punch Laws (Safe Night Out Legislation Amendment Act 2014)
In 2014 the State Government passed the Safe Night Out Legislation Amendment Act 2014. This act introduced Section 314A into the Criminal Code. Section 314A provides that a person who unlawfully strikes another person to the head or neck, and causes the death of the...
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The Drug and Alcohol Court
On the 24th day of October 2017 the Queensland Government passed the Penalties and Sentences (Drug and Alcohol Treatment Orders) and other Legislation Amendment Bill 2017. The Bill was introduced into Parliament on the 10th day of August 2017...
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Client Acquitted on Double Murder
Howden Saggers Lawyers acted for former soldier Christopher Carter at his double murder trial in the Supreme Court at Brisbane. We briefed Melbourne’s Queens Counsel, David Brustman QC to defend Mr Carter. Prior to trial, Mr Carter had been in custody since his...
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The Mental Health Act
In March 2017, the Mental Health Act 2016 came into effect. A Magistrates Court may dismiss a complaint for a simple offence if the court is reasonably satisfied, on the balance of probabilities, that the person charged with the offence was or appears to have been of...
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Magistrates Court Procedure
Common listings in criminal law matters in Queensland The Court system in Queensland for criminal matters is made up of three courts The Magistrates Court; The District Court; and The Supreme Court. Within each court and at each stage of your matter, your matter will...
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Help! My matter needs to go to district or supreme court!
Our last blog post explained the Magistrates Court procedures. If your matter is to be dealt with by a higher court i.e. District or Supreme, then your matter will take a different course than it would otherwise take in the Magistrates Court. So here’s a quick guide...
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Bail in Queensland – How it Works
After the recent tragedy in Victoria there has been a lot of scrutiny on the Victorian bail system and how it works. Our system is very different to Victoria’s and it’s important to understand what bail is and how it works. Bail is a written promise that a person will...
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“Can I say no?” Roadside Breath Test Requirements
There has been quite a bit of media attention around a recent video in which a driver refuses to participate in a roadside breath test and constantly asks the police officer whether he is under arrest or free to go. Whilst this may seem to be a clever way to avoid...
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Changing The Face of Youth Justice Laws
Considered ‘children’ in every aspect of life except criminal proceedings, there is new hope for seventeen year olds facing the justice system. Still not old enough to vote, drink alcohol or sign a contract, in Queensland seventeen year old offenders continue to be...
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Tobacco laws in Queensland are aimed at promoting a culture that will support smokers trying to quit, will reduce non-smokers exposure to second-hand smoke, and also discourage children from taking up the habit of smoking. Research has shown that creating no-smoking...
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