In the news: It’s a mistake to abolish the “mistake of fact” defence

The defence of “mistake of fact” has been in the news lately.  Various commentators have argued that the law, in the context of rape and sexual assault offences, should be abolished. It must be said that there is considerable confusion about the ‘mistake of fact’ defence in Queensland, even among those who oppose its abolition. […]

Rebecca Fogerty appears on behalf of the RSPCA in two animal-related prosecutions

A BRISBANE man who held down a puppy and smacked it as it squealed in distress told investigators he hit the dog because it had been digging holes.

Jack Minnis, 23, today pleaded guilty in Brisbane Magistrates Court to breaching his duty of care for an animal by inappropriately handling it while a second charge of animal cruelty was dropped.

Extending the definition of murder is a risky move

Following a review by the Queensland Sentencing Advisory Council, in February 2019 the Queensland government introduced new laws to widen the definition of murder.  Previously, in order to convict a person of murder, the prosecution had to prove beyond a reasonable doubt that the accused person both acted and intended to kill or cause grievous bodily harm.  The new changes mean that a person may be convicted of murder if their actions were “recklessly indifferent to life”.

Should you participate in a police record of interview?

If you are about to be charged with an offence, or are under investigation by the police, you will almost certainly be asked if you wish to have a formal police interview.

Whether or not you speak to the police is a fundamental issue. Cases are often won or lost depending on whether a person participated in a record of interview.

New “Revenge Porn” laws under consideration in Queensland

Prior to the last election, the Queensland government pledged to create a new offence to deal with the increase in non-consensual sharing of intimate photographs and images, otherwise known as “revenge porn”.

The Criminal Code (Non-Consensual Sharing of Intimate Images) Bill is currently before the Queensland Parliament.

Whilst there arguably is a gap in the law so far as revenge porn is concerned, the proposed bill does not necessarily solve all problems.

Rebecca Fogerty appears before Queensland Parliament Committee

On 12 September 2018 Rebecca Fogerty appeared in her capacity as Deputy Chair of the Queensland Law Society before the Legislative Assembly of Queensland Parliament to discuss the Termination of Pregnancy Bill 2018. You can read a transcript of the proceedings here.