New rules now apply to Special Hardship Orders.
What is a Special Hardship Order? A Special Hardship Order is an order granted by the court that allows a suspended driver on a provisional or open licence to continue driving under restrictions. It is not the same as a work licence and the eligibility requirements are different.
A Special Hardship Order will only be granted if you can …
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.
The defence is contained in section 24 of the Criminal Code. It applies to all criminal offences, not just rape.
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”.
Peter Dutton, the Home Affairs Minister, is seeking support from the states and territories for a national sex offender database.
The problem with the proposal is that it won’t work. It won’t keep children safer. It will cost a lot of money for very little net benefit to the community.
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.
The Queensland parliamentary committee considering laws to decriminalise abortion has been told parts of the proposed legislation could be unconstitutional.
Legal experts have warned parts of proposed laws to decriminalise abortion in Queensland could be found unconstitutional.
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.
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.
Rebecca Fogerty and Julia Jasper have been recognised in the 2018 Doyle’s Guide for their expertise in criminal law.
Rebecca Fogerty spoke to Channel 7 on the subject of whistleblower laws and former police officer Rick Flori’s acquittal on misconduct charges.