Police Powers
Police Powers Police Powers of Arrest The Police Powers and Responsibilities Act 2000 outlines the powers that police have to make an arrest. Arrest without warrant It is lawful for a police officer to arrest an adult without a warrant, for questioning the person about the offence, or investigating the offence, if they reasonable suspect the adult […]
Public Nuisance
Public Nuisance It is an offence under s6 of the Summary Offences Act to commit a public nuisance offence. The purpose of this offence is to ensure that members of the public can lawfully pass through and use public places without interference from acts of nuisance from others. A person can be found guilty of […]
Rapes and Sexual Offences
Rapes and Sexual Offences Chapter 32 outlines the offence of Rape and Sexual Assaults. A common feature of these offences is consent, where if consent is given there is no offence. Consent means consent freely and voluntarily given by a person with the cognitive capacity to give the consent. However consent is not freely or […]
Stealing
Stealing Stealing is defined in s391 of the Criminal Code (Qld). Stealing can be defined in terms of either fraudulent stealing or fraudulent conversion. Fraudulent stealing takes place where a person takes anything capable of being stolen. Fraudulent conversion takes place where the person fraudulently converts to their own use or the use of another […]
Stolen Property
Stolen Property Unlawful possession of stolen property Section 16 of the Summary Offences act makes it an offence to unlawfully possess suspected stolen property. The key element of this provision is that the alleged perpetrator must reasonably suspect the property to have been stolen or unlawfully obtained. This clause is complementary to the more serious […]
Trespass
Trespass Section 11 of the Summary Offences Act makes it an offence to trespass. Trespass occurs where a person unlawfully enters, or remains in a dwelling, the yard for a dwelling, a place used for business purposes or a place used as a yard for business purposes. The maximum penalty is 20 penalty units or […]
Youth Justice and Juvenile Crime
Youth Justice and Juvenile Crime The criminal justice system is incredibly daunting to navigate through for adult defendants, let alone juvenile defendants. If your child is facing criminal charges and is going through the youth justice system and the Children’s Court, it is important that you understand the rights of children under Queensland law as […]
Burglary
Burglary Entering or being in premises and committing indictable offences Burglary is defined s418 of the Criminal Code and makes it an offence to enter or be in the dwelling of another with an intent to commit an indictable offence. Similarly s421 makes it an offence to enter or be in the premises of another […]
Centrelink Fraud
Centrelink Fraud Centrelink Fraud- 135.2 Commonwealth Criminal Code Section 135.2 of the Commonwealth Criminal Code makes it an offence for a person to obtain financial advantage, for themselves or for another person, which they are not eligible to receive, from a Commonwealth entity. To be found guilty of this offence it is necessary for the […]
Criminal Code
Criminal Code The criminal code is legislation in QLD that sets out the general principles of criminal responsibility. A criminal offence is a ‘legal wrong that can be followed by criminal proceedings and may result in punishment’ (Williams G, Textbook of Criminal Law (2nd ed, Stevens & Sons, 1983) p 27). The main difference between crimes […]