Criminal Law
Being charged with a criminal offence is a stressful and serious matter, the outcome of which can be life changing. An experienced criminal lawyer can help protect your legal rights and assist you in navigating the complex criminal justice system. We provide expertise and representation in the following areas of criminal law:
- Pleas and mitigation
- Negotiation with Prosecution and case conferencing
- Assaults and violence (including domestic violence offences)
- Peace and good behaviour orders
- Driving and traffic offences
- Computer-related crime
- Drug offences
- Firearm or dangerous weapon offences
- Perjury
- Robbery and theft
- Stalking and sexual offences
- Fraud offences
Traffic Offences in Queensland
In Queensland, your driving history is reflected in the demerit point system. Driving is considered a privilege available to those who abide by the road rules and the law. That privilege however may be revoked by the state in certain circumstances. When you have accumulated 12 or more demerit points in a 3-year period, your driver’s licence may be automatically suspended.
Convictions for certain traffic offences may attract an immediate licence disqualification, for example, certain drink driving offences, driving under the influence of drugs, and driving in a dangerous manner.
If you have been caught for a traffic violation, how it will be dealt with, in part, depends on how serious the offence was.
Many traffic offences are dealt with by the imposition of a fine and demerit points, meaning that you will only need to go to Court if you disagree with the offence. However, you will probably need to go to Court for more serious traffic offences such as drink driving or driving with a drug in your system, dangerous driving, or driving while disqualified. In such cases, you should speak to one of our experienced lawyers to ensure you secure the best outcome possible.
Domestic Violence Orders
A Domestic Violence Order (DVO) may be made by a Court against a person to stop threats or acts of domestic violence. The DVO sets out rules for how the respondent must behave, for example, by staying away from the protected person and their home.
A DVO is a civil, not criminal, matter. Accordingly, it is not necessary to prove ‘beyond a reasonable doubt’ that there were threats or acts of domestic violence. This means that someone at risk can take out a DVO with limited evidence. Because the standard to obtain a DVO is relatively low, it is important to ensure that the respondent is not unfairly treated. Therefore, a DVO does not create a criminal record but if the order is breached, it becomes a criminal matter. Breaching a DVO can result in the respondent being arrested and having a criminal record. The breach may also incur further penalties such as fines or imprisonment.
If you have been issued with a DVO it is important to understand the effect of the orders made. You should consult a criminal lawyer if you wish to oppose the making of a DVO or if you have concerns regarding the conditions imposed.
Going to Court and Sentencing
If you are facing Court for a serious traffic offence or other criminal matter, being prepared for your trial and getting expert legal advice can make a big difference in the potential outcome. During the hearing, you will need to either enter a plea of guilty or not guilty. We can help you decide on the best course of action based on your circumstances.
If you plead not guilty, a trial will be conducted to determine your guilt or innocence and the prosecution will need to prove each element of the offence beyond a reasonable doubt.
If you plead guilty or are found guilty, the Court will proceed to sentencing, which may involve fines, community service, probation, or imprisonment, depending on the severity of the offence and other relevant factors.
In deciding what is an appropriate sentence, a Court considers ‘aggravating’ and ‘mitigating’ circumstances to guide the judge or magistrate. The Court will consider the maximum and minimum sentence that may be imposed and take into consideration a number of factors, for example, how serious the offence was, your role in the offence, any assistance to law enforcement after the offence, and your criminal record.
Submissions and supporting evidence may be presented on your behalf. Typically, this might include a character reference, details of your family circumstances, community involvement, etc. and any medical issues relevant to the offending behaviour or other plausible reasons for having committed the offence. For traffic matters, your reliance on a driver’s licence for work, and the impact that the loss of a licence has, or will have, on your future may be raised.
If you need assistance, contact [email protected] or call 07 3733 1390 for expert legal advice.