Do-gooder or Deviant? Intention matters in sexual assault trials

Introduction In  R v Jones [2011] QCA 19, the appellant had been convicted in the District Court at Mount Isa of sexual assault.  He appealed to the Court of Appeal.  On appeal, he argued that there had been a miscarriage of justice because the trial judge had directed the... ... read more »

Police Powers and Responsibilities Act "safeguard" provisions: an under-utilised device in the criminal lawyer's kitbag

In July 2014, the appeal decision of Bismark v Queensland Police Service [2014] QDC 152 was delivered in the District Court at Mount Isa.  It was an appeal against convictions, the appellant having earlier been found guilty in the Magistrates Court. The occupants of a house... ... read more »

Communicating with your solicitor: a "reasonable excuse" for not providing police access to your phone

Barbaro v Queensland Police Service [2020] QDC 39 was an appeal which was allowed on 20 March 2020. The appellant was convicted of an offence under s 205A of the Criminal Code for contravening an order about providing device information in relation to a digital device. ... ... read more »

COVID-19: Can it be raised in bail applications?

On 23 March 2020, the Supreme Court of the Australian Capital Territory decided the matter of R v Stott (No 2) [2020] ACTSC 62. Ms Stott had applied for bail.  In order to succeed it was necessary for her to show a change in circumstances since her last application... ... read more »

Is there any such thing as a "traffic conviction"?

Background The applicant in the matter of Parker v Commissioner of Police [2016] QDC 354 had been sentenced in the Magistrates Court in relation to dangerously operating a motor vehicle.[1] The learned Magistrate had made orders in these terms: So in all those circumstances... ... read more »