CRIMINAL LAW

If you have been charged with a criminal, traffic or other regulatory offence, we suggest you immediately seek the help of a solicitor to assist you. Here at Kanoon Law Group, we have experienced solicitors that can guide you through the specific area of criminal law that you have an issue with, so that you receive the best possible outcome.

Before you speak to the Police or attend Court, make sure you call or contact us to ensure your rights are properly protected.

The following are some of the areas of criminal law we can assist you with:

Assault

In Queensland, any act involving the unauthorised and unlawful use of force against another can constitute a criminal offence. The charge can be dependant on a number of factors such as the degree of force used, the injuries sustained, the history of the accused, and other the circumstances surrounding the event.

The penalties can depend on the circumstances of the facts alleged. Penalties can range from good behaviour bonds in low-level offences to mid to long term imprisonment sentences.

In Queensland, although there are a large number of other assault and violence based offences, the most common are Common Assault, Serious Assault,  Assault Occasioning Bodily Harm, Unlawful Wounding,  and Grievous Bodily Harm

Domestic Violence

We have a vast knowledge of this area of the Law and our solicitors provide Duty Lawyer Services Respondent’s served with Protection Orders, at the Holland Park Magistrates Court on a regular basis.

Where an individual breach the requirements set out in a domestic violence order, whether such order be a temporary order or a permanent order, a criminal charge may be laid by the Queensland Police Force. By contacting Kanoon Law Group, you are provided with peace of mind that you have lawyers who are experienced in the area of both domestic violence and criminal law, that can assist you at in every aspect of your matter.

Drug Offences

There are a large number of offences which fall under the Drugs Misuse Act. The most common drug offences however are often the following:

Possession – which entails receiving and showing control over a dangerous drug;

Supply – supplying drugs and also evidence of offering to supply a dangerous drug to another;

Production – this includes the preparation, cultivating and packaging, and manufacturing of a dangerous drug;

Trafficking – this involves the commercial supply of dangerous drug; and

Importation – which shows the movement, or attempted movement, of an illicit substance across Australia’s borders.

The penalty imposed by a Court can range substantially depending on the seriousness of the offence. Matters impacting on the serious can depend on the drug concerned, the amount of the drug involved, and the conduct of the accused. Serious drug offences can attract substantial periods of imprisonment if convicted, up to and including life imprisonment.

The early engagement of competent solicitor can be critical in ensuring your rights are best protected. Our solicitors can assist and explain to you the legislative framework governing drug offences, as well as explain how proceeds of crime legislation can affect your rights and entitlements.

Stealing

It is a criminal offence to unlawfully take property that belongs to another person.  Stealing involves the taking another’s property without that person’s consent or in a way that is consistent with the owner’s rights.

Robbery:Robbery is the same as stealing, but includes violence being involved. The charge of robbery is dependent on a wide variety of circumstances, such as considering the use of a weapon, how the robbery was done and with accomplishes and the time of the robbery taking place

Burglary/Enter Premises Offences: Burglary and entering premises offences involve the accused entering the place of another without authority, intending to commit an indictable offence. Similar to robbery types offences, burglary may be aggravated by a number of factors such as the time of day it was committed.

Sexual Offences

There are various types of sexual offences but the most common types are Rape, Sexual Assaults, Indecent treatment of children, Possession, Producing, or Distribution of Child Exploitation Material.

These offences can vary in terms of seriousness, and penalties can range up to life imprisonment for the most serious offences. For a large number of such offences, the evidence often comes down to their word against yours. In such situations, the credit of the parties and the evidence given is often highly relevant and important and may determine if the police can secure a conviction. It is therefore highly advisable that that proper legal advice is obtained early to ensure your rights are best protected.

Bail Applications and Grants

A grant of bail can provide you with a number of advantages, including having ready access to a lawyer, being able to better prepare a defence, and be able to continue in your daily life commitments while your case is being managed and prepared prior to the trial.

In many cases, bail may be provided by either a police officer, or be issued with a Notice to Appear. If this is not the case, then being granted bail may need to be decided by a Judge or Magistrate. In many cases, the early engagement of competent legal representation will be imperative in securing bail for an accused. If bail is refused, an accused will be remanded in custody whilst their matter progresses through the criminal justice system.

In the majority of cases when applying for bail, the onus is often on the prosecution to show that the accused is an “unacceptable risk” of being granted bail. In other situations, the accused may find they will need to present a “show cause” position, to convince the Court that their continued detention in custody is not justified, or otherwise excused by law.

If bail is refused by a Magistrate or a Supreme Court Justice, an accused is often required to demonstrate a “change in circumstance” before being entitled to make a further application for bail. A change of circumstance is not always easy to obtain or show, so it is important that you engage competent legal solicitor as soon as possible to ensure that you have the chance of not being placed in custody.

A Request by the Police for an Interview

When the police are investigating or considering whether to charge a person, they often provide that person with an opportunity to participate in an electronic record of interview.   The Queensland Police Service or the Australian Federal Police may attend a suspect’s residential or work address, and request for the person to attend the police station, or contact the suspect by phone to offer them an opportunity to participate in an interview.

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