Splendour in the Grass: Know Your Rights

With under three weeks until this year’s Splendour in the Grass festival, it is important attendees and their families keep in mind common legal issues that arise from these sorts of events.

Reminders:

  1. If approached by police you do need to give your name, your address and, if under 17, your age. Aside from these details you have a right to remain silent and are not required to answer police questions.
  2. Unless you have been specifically arrested you do not need to accompany the police to the station.
  3. You should never participate in an interview with police until you have discussed your situation with a lawyer.
  4. Always ask to call your family and / or lawyer if arrested.
  5. Obstructing police can lead to further charges

Alcohol

Police can issue on-the-spot fines for:

  • drinking in a public place (18 years and over)
  • underage drinking or possession of liquor in a public place, even if you're holding a drink for your friend who is over 18
  • being under 18 and found on licensed premises
  • being under 18 and found drinking or just holding a drink for a friend on licensed premises

If you’re 18 at Splendour and you supply alcohol to your underage friends you could face a fine of $11,000.

Drugs

Robertson O’Gorman encourages festival-goers to respect the law. Possessing or supplying drugs attracts heavy penalties, and as such festival-goers should be wary of their responsibilities prior to entering the festival.

If you are stopped because a police dog indicates you might have drugs, this gives Police ‘reasonable suspicion’ and they are within their rights to search you. You must give your full name and your address, but otherwise you have the right to remain silent. In many instances, first-time offenders will be given the opportunity to undertake a drug diversion course and won’t have to attend court.

If you are arrested, contact Robertson O’Gorman immediately on our 24-hour contact line (07) 3034 0000.

ID

Using someone else’s ID card or creating a fake card is illegal. Lending someone your own ID can also lead to a fine.

Other common situations;

In the festival environment it is important to also remember that assault and sexual assault can lead to severe criminal penalties. Public nuisance, wilful exposure, trespassing and drink driving are other offences to be aware of.

If you need legal advice, contact Robertson O’Gorman on our 24 hour line (07) 3034 0000.


Appeal a Win for Youth Rehabilitation

Robertson O’Gorman received instructions to appeal a sentence for a client that had previously been represented by another firm. He had pleaded guilty to trafficking methylamphetamine, among other related charges. For this, he was sentenced to 10 years’ imprisonment. Importantly, this meant that a serious violent offence declaration was made and as such, he was required to serve at least 80 percent of that time in custody. Under other circumstances, it is common practice for a defendant to serve only one third of the sentence before being eligible for parole or a suspension of their sentence.

On appeal, it was argued that the sentence imposed was manifestly excessive because it did not properly take into account the client’s youth or the time spent in pre-sentence custody. The client was aged 18 to 19 at the time of trafficking, but the sentencing judge had been led to believe the offending continued to until the client was 21 years old. The courts in Queensland place significant weight on the age of an offender when sentencing. Notably, they distinguish between ‘extreme youth’, which is considered to be between the ages of 17 and 19, and ‘youth’ which is up to the age of 21. This distinction is due to the fact that prospects for rehabilitation are generally considered to be much higher for younger offenders, especially when they have no previous convictions.

One further issue addressed on appeal was whether the sentence of a co-offender, and in particular the making of a serious violent offender declaration, should affect our client’s prospects of a reduced sentence. The Court of Appeal accepted our argument that parity may be displaced by a legislative provision that results in the mandatory imposition of such orders.

Our client was resentenced to 9 years’ imprisonment. The serious violent offender declaration was removed, and as such our client is now eligible for parole after serving 3 and a half years in prison. This represents a dramatic difference to a young person’s life.

The appeal addresses the need for rehabilitation of youthful offenders. In many cases, including this, a young person is far less culpable for their actions than a mature adult might be in the same situation. Furthermore, with their whole lives ahead of them, avoiding recidivism through effective rehabilitation and appropriate sentencing is of utmost importance.


Louisa Pink Appointed as Magistrate

Robertson O’Gorman congratulates Ms  Pink on her appointment to the magistracy announced today by the Attorney General.

Ms Pink has been working in criminal defence since 2004, and joined the team at Robertson O’Gorman in 2006. She has been involved in the conduct of cases before all courts including the High Court, Court of Appeal, Mental Health Court and Children’s Court and has regularly appeared as a solicitor advocate in the Magistrates Court, commissions and tribunals.

Ms Pink worked initially in the Office of the Special Prosecutor responsible for post Fitzgerald Inquiry prosecutions before working for the Parliamentary Criminal Justice Committee overseeing the (then) CJC.  Her early career ultimately led to work at a high level in Government in the development of legal policy. Over the last 12 years she has worked as a solicitor in private practice as a criminal defence lawyer.

She has been involved in a number of community initiatives, including the Prisoners Legal Service and most recently served as President of the Law & Justice Institute (Qld).

Ms Pink will be sworn in on Tuesday 3 May, after which she will take up a position at the Caboolture Magistrates Court.


The Panama Papers Leak and its Implications for Australian Business

Earlier this month, an unprecedented leak of confidential information made headlines across the globe. Millions of documents from Panamanian law firm Mossack Fonseca were provided to the German newspaper Sueddeutsche Zeitung. The International Consortium of Investigative Journalists alongside some 400 journalists began analysing the enormous amount of data in early 2015, a year before any information relating to the leak was published.

The Panama Papers have revealed details of offshore financial arrangements which shed light on the highly complex areas of tax avoidance and money laundering. Leading politicians and sports stars have been named alongside international criminals as clients of Mossack Fonseca.

Tax avoidance and money laundering has been the subject of much media attention, and is often considered a serious scourge on the modern world. Some of the world’s richest and most powerful people use offshore companies to hide assets and income from their respective governments.

But not all offshore companies are created or used for illegal purposes. In fact, many businesses have perfectly legitimate reasons for concealing their identity and assets from malicious competitors and enemies. Unfortunately, leaks such as this fail to distinguish between the illegal and the unethical. There is, and should be, a distinct line between the two. Tax evasion is illegal; tax avoidance is completely legal.

Our government has legislated a detailed and comprehensive set of rules that Australian businesses are required to follow. Most companies comply with the rules and regulations that govern their industry. Since 2006, however, the Australian Tax Office has recovered over $1 billion through its crime investigation activities. Whether or not a company has met their tax obligations is often a complex question which involves significant factual and legal analysis. Rather than allowing popular and often misguided opinion dictate the state of Australian taxation, objectivity must be maintained in the executive and judicial branches of government.

Robertson O’Gorman has extensive experience representing those charged or investigated for financial and corporate crime. Call us today on 3034 0000.


Police Powers when it comes to DV

With recent and indeed future DV amendments it is timely to consider the particular powers police have in relation to situations of possible Domestic Violence. Sometimes domestic violence situations will grant police additional powers or exemptions from usual requirements or rules.

For example, police can arrest you without if you are reasonably suspected of breaching a domestic violence order.

Similarly section 609 of the Police Powers and Responsibilities Act allows police to enter your home without a warrant if there is an urgent circumstance of domestic violence occurring. They can then stay for as long as is reasonably necessary to find out what is happening and to take action to help a person or remove the risk of injury or damage.

If you need advice about domestic violence call us on 3034 0000 to speak to a solicitor experienced in this area.  


Tackling alcohol fueled violence

New laws that could pass in Qld regarding alcohol fuelled violence will herald a raft of changes to the Liquor Act 1992 (Liquor Act), Liquor Regulation 2002 (Liquor Regulation), Gaming Machine Act 1991 (Gaming Machine Act), Bail Act 1980 (Bail Act), Penalties and Sentences Act 1992 (PSA) and Police Powers and Responsibilities Act 2000 (PPRA).

Aside from changes to lock out times, licensing and the sale of certain beverages other key changes include:

  • amending the Bail Act to no longer criminalise a failure to comply with a condition of bail imposed under section 11(9) (that is, participation in a rehabilitation, treatment or other intervention program or course). The amendment recognises the challenges associated with overcoming addiction.
  • amending the Penalties and Sentences Act to allow a sentencing judge to include the completion of a Drug and Alcohol Assessment Referral course as a condition with the consent of the defendant.
  • designating all police officers to be investigators under the Liquor Act.

A report from the committee is due this week.


Police Powers: Disobedience to Lawful Order

These days, most people carry a mobile phone with them everywhere they go. A mobile device can contain more information about a person than the rest of their belongings combined so it’s very unnerving for a stranger to be going through it.

Although in most situations a person is only required to provide a police officer with their name and address, search warrants can grant powers not normally available to police officers. For example, a warrant may include the power to compel someone to give the officer their phone pin.

If you are subject to a search warrant that includes this power, you must give police your mobile phone pin. If you fail to do so, you may be charged with the offence of ‘disobedience to lawful order issued by statutory authority’ which carries a maximum sentence of one year imprisonment.

If you or someone you know are subject to a police investigation or police warrant, it is vital you contact a solicitor for assistance and advice. Our firm can be contacted 24 hours a day for urgent advice.

Know your rights with police. To find out more, go to our FAQs.


24 Hour Service

Persons that have the unfortunate experience of being detained by police need advice.

Our firm is open throughout the Christmas period and we offer a 24 hour a day telephone service for those that require urgent advice.

Contact 3034 0000 to speak with an experienced solicitor from Robertson O’Gorman.


Queensland's Leading Lawyers

Each year Doyle’s produces a list of leading lawyers and law firms in different practice areas. For the first time in 2015 a specific Criminal Law list has been released, acknowledging those firms recognised by the broader legal profession for their expertise and abilities.

Robertson O’Gorman is proud to have been named a 2015 ‘first tier’ criminal law firm. Terry O’Gorman was also named one of Queensland’s preeminent criminal lawyers with Dan Rogers receiving recognition as a leading criminal lawyer.

Doyle’s full list is available here.


Australians on Drugs

The “2 High: A Week On Drugs” series is available for viewing now and includes live discussions and stories told by recreational drug users, drug addicts, drug dealers and those working through drug rehabilitation.

The series highlights the competing considerations associated with a seriously complex topic.

Many of the stories told draw out examples of the legal consequences associated with drug use and the inefficiencies of our current legal system in deterring people from using drugs.

Much debate is currently focussed on whether the personal use of illicit drugs should be decriminalised in order to encourage drug users to seek medical assistance in addressing problematic use or addiction.

Portugal amended their drug laws 14 years ago and removed criminal penalties for those found in possession of no more than 10 days’ supply of a substance.  The laws seek to minimise harm and reduce the health consequences that flow from drug use (for example: HIV/AIDS, hepatitis, overdose, mental disorder).

The Queensland Police Service gathers statistical information about convictions for each type of offence.  In the last 6 months there have been 12 convictions for the offence of trafficking drugs, 68 convictions for supply and 872 convictions for possessing drugs.  The overwhelming majority of convictions relate to end drug users.

The Queensland Justice System has made some effort to assist drug users.  If you are found in possession of a small amount of cannabis or a bong your matter could be suitable for police drug diversion.  If you are not eligible for police drug diversion (because you have had it before or because of the nature of your charges) you may still be eligible for Court Ordered drug diversion or for the Special Circumstances Court (which is about to be reintroduced).

If you are charged with drug offences you should seek legal advice so that you can explore the avenues open to you for resolution of the matter.  Your lawyer will also be able to provide you with information about drug rehabilitation in your area.