If you or your loved one have been charged under the wide array of laws that are considered property offences, you may have questions. How serious are these charges? What are the potential penalties? What are your options? The answer will vary widely depending on the variety and severity of the charges. An experienced team of legal professionals can help you get all of the information you need.
What are property offences?
In short, property offences cover any crime that involves the personal property of another person. Examples range from typically minor offences, like petty shoplifting, to major crimes like robbery. A Crimes like fraud, passing valueless cheques, computer hacking and extortion also fall under this umbrella.
Some additional property offences include:

Stealing: To be charged with theft, a person must have taken something that was not their property and used it in a way that makes it impossible for the item in question to be returned. The most common example would be selling the item.
Car theft (or unlawful use of a vehicle): A person can also be charged for stealing a vehicle or simply using one that they did not steal themselves. For this charge to stick, the police must be able to prove that the driver had knowledge that the car was stolen.
Arson: The penalties for burning someone else’s property can be very severe and include life imprisonment. 
Extortion: This charge involved making a demand without reasonable cause on someone with the intention to cause them or their property harm. Threats of violence and damage to property are serious and carry heft penalties.
Breaking and entering: This charge is levied against anyone who breaks into a house or other private location without permission. Determining whether someone has broken into a home, rather than trespassed, can sometimes be challenging.

Sentencing and penalties
While the penalties for involvement in a property crime can vary, most of these offences fall under the state or national criminal code, in Queensland and across Australia. The criminal code covers the most severe offences and means that a defendant runs the risk of both imprisonment and hefty fines.
The exact punishment for a property offence, however, will vary depending on the value of the impacted property and the level of complicity of the defendant. For example, the maximum penalty for stealing in Queensland is five years in prison. However, a full five-year sentence is only occasionally given by a judge. The legal system also differentiates between the crime of theft and the act of receiving stolen property. While both are crimes, the penalties for each may vary. Additionally, to be charged with receiving stolen property, the police must be able to prove that the defendant was aware that the goods in question were stolen. This can often be far harder than linking someone to the initial theft.
One property offence that is not punished with imprisonment is shoplifting, which carries only a relatively small fine as its penalty. In Queensland, shoplifting differentiates from theft based on the value of the property stolen, which must be lower than $150. These charges are typically dealt with in magistrate court.
For most other property offences, your options for avoiding imprisonment will depend on the severity of the charges, and whether you have evidence that can either prove your innocence or severely weaken the prosecution’s case. If you don’t necessarily have a case for innocence, attempting to pursue a plea deal may be your best choice. In a plea deal, the defendant pleads guilty to the crime in exchange for a reduced sentence.
Whether you decide to pursue a plea deal or fight the case in court, you’ll want the assistance of a well-regarded criminal solicitor. Your lawyer can work to negotiate the best realistic plea deal with the prosecution, possibly saving years in prison or thousands of dollars in fines. An expert in the law, a good solicitor can also protect you or your loved one from unlawful or invasive questioning in or before a case goes to court. Representation can be the difference between your offence being a minor or life-defining moment.
If you’ve been charged with a crime, consider Russo Lawyers for representation. Contact us today to learn more.
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Like it or not, illegal drugs are all around us. Just because you’ve been caught up in the world of illicit drugs does not mean you are a bad person, or deserve a lengthy prison sentence. Working with a dependable criminal lawyer and potentially taking a plea deal for reduced term behind bars can make all the difference for you or a loved one.
Queensland drug law
Charges for drug-related crimes can vary widely, depending on the type of offence, as well as the class of drug in question and its quantity. The punishment for being in possession of a drug varies widely from crimes like drug production, trafficking, or running a drug lab.
Under Australian law, illegal drugs are divided into two categories. Schedule 1 drugs are the narcotics considered the most destructive, and their possession or production carries far greater penalties, according to the Queensland state government. These include methamphetamine, heroin, cocaine and psychedelic drugs like LSD. Schedule 2 drugs, meanwhile, are those that are less dangerous, and tend to have lower maximum penalties. Some examples of Schedule 2 drugs include cannabis, morphine and some depressants (such as barbiturates).
In addition to the classification of the drug involved, the amount of the substance and crime being committed with it can result in wide-ranging severity of sentences. Possessing a small amount of a drug for personal use, for example, will be charged differently than possession of a larger amount, which would suggest intent to sell.
Other crimes with more severe sentences include trafficking, supplying or cultivating an illegal drug. Each of these terms describe a different part of the way drugs get from illegal farms and labs to users. Trafficking is defined as any action that is part of a “illegal commercial operation." Supplying generally refers to the disbursement of drugs at a far smaller scale, such as dealing a small amount of cannabis or giving a pill to a friend.
Australians can also be charged for owning drug-related paraphernalia, such as a cocaine spoon or syringes, even if an illicit substance isn’t present. Operating an automobile under the influence of drugs is also a separate crime from mere possession, and carries far more serious consequences.
For authorities to prove possession or a similar crime, they must be able to find clear knowledge, custody and control of the illicit substance. Knowledge means that the guilty party was aware that they had the drug in their custody. If for example, the drug was planted on their person, or the person was misled about what the substance was, they can make a case for their innocence. (Custody means that the illegal drug is clearly on the defendant’s person or in a place, like their car or home, that they clearly claim ownership of.)
Finally, control means that the defendant had the right to use or keep the drugs. In other words, the drugs were clearly theirs. This last element is often used when police find drugs in a shared home and not everyone in the residence was involved. In some cases, joint custody can be attributed, in which multiple people are held responsible.
Pleading down a charge
If you, or someone you know, has been charged with a drug crime and don’t have the means to prove innocence, it may be time to look at taking a plea. Plea deals are agreements with the prosecutor in which the defendant pleads guilty in exchange for a more lenient sentence, keeping the case out of trial.
Whether you decide to pursue a plea deal or fight the case in court, you’ll want the assistance of a well-regarded criminal solicitor. Your solicitor can work to negotiate the best, most realistic deal with the prosecution, possibly saving you years in prison or thousands of dollars in fines. An expert criminal lawyer can also protect you or your loved one from unlawful or invasive questioning in or before a case goes to court. Representation can be the difference between your drug charge being a minor or life-defining moment.
If you’ve been charged with a crime, consider Russo Lawyers for representation. Contact us today to learn more.
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As an Australian citizen, you’re entitled to the presumption of innocence. The presumption of innocence is a cornerstone of the Australian legal system, but is often prejudiced when a defendant doesn’t have competent legal representation. There is every reason to seek the assistance of one of our lawyers if you are charged with an offence; including but not limited to;
1. Equipped with experienceWhether you’re looking for a doctor to treat an ongoing health problem or need a mechanic to diagnose a ‘check engine’ warning on your vehicle, you want someone who comes from experience. That’s exactly what you’ll get from us at Russo Lawyers. From domestic violence to drug offences, serious assault to petty theft, we’ve been practising law for over 30 years now and have won hundreds of cases.
Because we’ve seen just about everything, we have the insight and perspective to guide you effectively and protect your rights every step of the way. While you’re the one who ultimately makes the decisions, trust us when we say we have your best interests in mind. We’ll present you with all of your legal options and offer our informed opinion as to how you should progress your matters.
2. Can protect you from unlawful or unnecessarily invasive questioningDepending upon what you’re being accused of or charged with, the police will likely want to question you to see what you know and square the facts as you know them with those that they’ve gathered. However, it’s important for you to understand you’re not required to talk to them whatsoever; indeed, you have a legal right to remain silent. But considering the fact that you have nothing to hide, you may waive this right and be willing to undergo an interrogation.
Having a solicitor present is important because they can identify any line of questioning that goes too far. While most police are honest and upstanding, their No. 1 goal is to solve the case. If they can persuade you to implicate yourself by asking leading questions, some won’t hesitate. The presence of defence counsel will provide you with the necessary guardrails so you avoid falling into a trap.
3. Serve as an ongoing source of supportThe criminal justice system is a complex one and as a result of this defendants often find themselves overwhelmed and intimidated. This often results in defendants wanting to “get this over and done with" or "just wanting to plead to the charges so they’ll go away." This intimidation quite often leads to the removal of a presumption of innocence. The benefit of having a lawyer is that they will navigate this complex system for you and help to ensure that you gain the best possible outcome, one that you more than likely wouldn’t have received by simply pleading to the charges as they are.
4. Can work out a plea bargain with prosecutorTrials cost time and money. It’s frequently in the prosecutor’s interest — as well as the court’s — to avoid going to trial and may be willing to negotiate a plea deal. This is where you agree to plead guilty in exchange for a lighter sentence.
Given your unique situation, you may have a hard time deciding whether the deal on the table is worth taking. Your defence counsel can evaluate what the prosecution is offering and depending on the fact of the case, suggest to you if the deal is favorable or if you should take your chances and go to trial. Again, while you as the client are the ultimate decider, a criminal defence solicitor presents you with all of your options so you’re fully informed.
5. They know the lawYou’re entitled to represent yourself in Australia. But are you truly capable of doing that? Do you know what rights you’re entitled to? Could you identify a line of questioning during a trial that is grounds for an objection? If the answer is ‘no,’ hiring a criminal defence attorney will get you to yes.
If you’ve been charged with a crime, consider Russo Lawyers for representation. Contact us today to learn more.
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As of May 5, 2016, it is an offence in Queensland to choke, strangle or suffocate a person in a domestic setting. This comes at the recommendation of the Special Taskforce on Domestic and Family Violence in Queensland. The purpose of such an offence is to prevent what has been referred to as the ‘last warning shot’ in domestically violent relationships and aims to reduce the number of domestic homicides.
Under s 315A of the Queensland Criminal Code, the Prosecution must prove, beyond reasonable doubt that the choking, suffocation or strangulation was done without excuse, and without the consent of the complainant. To be considered an offence under s315A, the complainant and the accused must be in an intimate personal relationship, family relationship or an informal care relationship considered to be ‘domestic’. The aggrieved may be a romantic partner, relative or child of the defendant.
Choking is yet to be defined in legislation, however in case law it has been described as an act that hinders or restricts breathing. It does not need to stop the breathing completely. As assault is not an element of the offence, it need not be proven that any injury or death was caused or intended.
As this offence is of a more serious nature, the matters will be heard in the District Court, rather than the Magistrates Courts.
The maximum penalty for this offence is seven years imprisonment. In the years since the offence was introduced, 97% of those found guilty of the offence, have received imprisonment as their penalty. Although there is no mandatory penalty, the average imprisonment sentence handed down for this offence is 1.8 years. Most sentences will be aggravated or mitigated depending on the circumstances of the case. In some cases, a breach of a domestic violence order has increased the sentencing a defendant can expect to receive.
There are defences available to the defendant for the offence. They include self-defence, duress and intoxication. However, provocation is not a defence due to the nature of the offence and what may constitute ‘provocation’ in a domestic relationship. If you believe that you have a defence against the offence, the prosecution will have the onus to prove that you were not acting in self-defence or under duress.
A bill has recently been introduced to parliament that proposes to increase the maximum penalty to 14 years imprisonment and provide clarity on the definitions of choke, strangle or suffocate. Should the bill pass, the definitions for the offence will be as follows:
Choke/Strangle: apply pressure to the person’s neck
Suffocate: to obstruct, interfere with or impede a person’s respiratory system or accessory system of respiration.
If you have been charged with the offence of domestic choking, suffocation or strangulation, it is advised that you seek legal advice as soon as possible. Should you be offered the chance to be interviewed by the police, it is in your best interests to exercise your right to remain silent and contact a lawyer.
As a leading criminal defence law firm, Russo Lawyers has the experience and dedication to ensure you know your rights and are adequately represented, please contact us today for an initial consult.
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If you are accused of a crime, you have many legal options in Australia. A competent criminal defence solicitor can help ensure that you make the right decisions moving forward.
You may wonder what makes a criminal defence solicitor truly competent and capable of representing you in court proceedings.Here are a few characteristics to be mindful of when selecting a solicitor. Doing your due diligence in this regard is pivotal to a successful outcome.
ExperienceOf all the traits that a criminal defence solicitor should ideally have, experience may top them all in terms of importance. Solicitors who draw from experience have been in a variety of situations that may be relevant to your situation. Because of this, they’re capable of providing recommendations based on what they’ve seen after many years practising law inside and outside the courtroom.
The team of criminal defence solicitors at Russo Lawyers are steeped in experience. We have five expert lawyers and have been practising for over 30 years. If you live in Brisbane or were charged with an offence that occurred there, Russo Lawyers has the team of dedicated criminal defence solicitors that will fight for you in court. 
Thorough understandingWhile experience is undoubtedly important, it’s hardly the only thing that is critical to the characteristics of a criminal defence solicitor. They must also have a rich understanding of the laws in place in Australia. Since 1899, when Queensland first passed the Criminal Code, numerous laws have been passed, signed into law and amended. Your defence team must not only know the history of these laws but how they apply to you.
We have an encyclopaedic comprehension of criminal law in Australia at Russo Lawyers and specialise in a wide variety of specific areas:

Assault and Violence Offences
Commonwealth Offences
Drug Offences
Fraud and Dishonesty Offences
Property Offences
Tax Offences
Weapons Act Offences 

The Weapons Act of 1990 has received numerous amendments over the years. We’re aware of every last one of them, and can provide you with the context you need to straighten out issues related to such things as improper licencing, certification, private ownership or distribution.
Solid and consistent track recordWhen a legal team is highly experienced and knows the law inside and out, success typically follows. This isn’t always the case, though, as criminal defence solicitors are ultimately measured not by what they know but by how many cases they’ve won. While we cannot guarantee a judge or jury decision that ends in your favour, we stop at nothing to ensure that all your legal options are fully exhausted.
Transparent fee structureHonesty is so important to the client-solicitor relationship, and a great way to gauge a criminal defence solicitor’s openness is what it costs to recruit their services. Whether it’s a retainer fee, consultation fee or how they’re paid – by the hour, upfront, etc. – you should never be left in the dark as to how your solicitors are compensated.
Transparency is a core principle at Russo Lawyers. We lay out exactly what it costs to be represented by us so you’re not hit with any surprises later on. If there are any fees you’re unclear about, we will be happy to explain or elaborate on them further.
Highly responsiveA lot can happen between when you’re charged and when you go to court. You want a criminal defence solicitor who will keep you apprised of the very latest so you never have to guess about where things stand. Law firms, like courtrooms, are busy, so how quickly you’re updated may be short of your expectations.
Not with Russo Lawyers. We prioritise responsiveness and aim to treat every one of our clients as if they’re our only one. We promise to keep you in the loop on developments as they happen and will stay in touch with you on an ongoing basis by your preferred method.
These are just a few of the traits that make for a capable criminal defence firm;  Russo Lawyers practices them all – and more. Contact us today for quality representation you can count on.
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Every professional, regardless of their line of work, will encounter questions as to the ethics of their profession.
For defence solicitors, one of the most common questions is some variant of, “Why would a criminal solicitor defend someone who’s guilty?" It’s a reasonable question to ask and it deserves a thoughtful answer.
Here are a few of the reasons why we do what we do and why it’s so important to the rule of law:
There’s a difference between ‘legal’ and ‘factual guilt’The dictionary definition of guilt is "having committed a specified offence." But in the criminal justice system, solicitors deal with the more specific term of "legal guilt." This refers to whether the prosecution can establish that the accused is guilty beyond a reasonable doubt. Given that in Australian law – as is true of many other countries – everyone is presumed innocent until proven otherwise, it’s up to the state to show that an individual did what they are accused of. This is different from "factual guilt," which refers to whether someone actually did do what they’re charged with – the latter is not dealt with in criminal proceedings. It’s up to the state to prove the defendant’s culpability, not the defence solicitor’s job to disprove it.
Admission doesn’t necessarily mean someone is guiltyIt seems straightforward enough: If a person says that they did something against the law, then that’s it – case closed. But as a plethora of precedents have shown, many people may say that they’re guilty of what they’re accused of, but might not be telling the truth. It could be that an individual wants to take the blame, perhaps out of loyalty to the person who actually did commit the crime. In other instances, police abuse their authority and subject the people they’re questioning to harsh treatment to coerce a confession. A series on Netflix called "The Confession Tapes" goes through several examples of when such incidents have occurred.
Defence solicitors rarely know about factual guilt one way or the otherIn some ways, it can be said that a defence solicitor’s primary responsibility is to assure that the state does its job. The burden of proof is always on the prosecutor, who must lay out the facts explaining why the accused is legally guilty under Australian law. Defence solicitors therefore serve as a check on the prosecution, and frequently don’t ask their clients about guilt or innocence. That fact, in some ways, is immaterial – it’s for the jury to decide based on evidence put forth by the prosecution, and the judge’s responsibility to mete out an appropriate and just sentence if a guilty verdict is reached.
Charges may be inaccurateJust as there is more than one meaning to the term "guilt," charges for what seem like easily defined acts often differ. For instance, if someone is charged with murder, but the facts suggest the wrongful death in question is closer in legal definition to manslaughter, the defence is tasked with showing why the charge is wrong. This should ideally result in an acquittal if the judge or jury agrees – or, as is not infrequently the case, may be hashed out in a pre-trial plea agreement involving intricate negotiations between prosecution and defence.
A robust defence is obligatoryEveryone, regardless of their culpability, is entitled to a vigorous, full-throated defence. It’s a hallmark of the Australian justice system. Defence solicitors and law firms are duty-bound to their clients, assuring the client and their families that all resources will be exhausted to protect their clients’ individual freedoms and privileges as citizens of the Australian Commonwealth. Anything short of that constitutes a failure on their part – they’re simply not doing what they swore to upon becoming a practising solicitor.
Defence provides contextMany cases may initially appear open and shut, but once the evidence is parsed and witness are interviewed, those first impressions can be deceiving. A defence team may be presented with certain facts about an alleged crime, but upon closer inspection, there may be an explanation to the circumstances of an illegal activity that are not immediately apparent. A defence solicitor must investigate further to determine if there is more to the story. 
At Russo Lawyers, upholding your rights is our foremost purpose and we will do everything in our power to assure you get the defence that you deserve. Contact us today.
The post Why do criminal defence lawyers defend the guilty? appeared first on Russo Lawyers: Brisbane CBD Law Firm.

For the most part, bail is available for criminal cases. But the processes and procedures of actually obtaining bail – which enables you to avoid or leave jail in exchange for returning to court to face charges – can vary considerably.
Bail can come from the police or court
Generally, bail is granted by the police or by the Court. The police will generally grant bail within 24 hours of your arrest. Should the police decide that bail is not appropriate, then you can go to the court and apply for court-ordered bail.
Factors that influence the court, whether it is in the Magistrates Court or Supreme Court, include (but are not limited to) where you live, if you are employed, the charges alleged against you, whether you have a criminal record and if you are deemed a flight risk.
Of course, none of this can happen without first filing your bail request application. There is a very specific process that must be followed to the letter. First, you must deal with all required forms. They include:
• An official application for bail
• An affidavit, or written statement, that supports why bail should be authorised
• A draft bail order.
If you have multiple letters of support that further substantiate why your bail request should be honoured, they must include exhibit markings attached to each. Once you are certain that all the forms are filled out completely and accurately, the completed document and all accompanying materials must be signed by yourself and witnessed by a Justice of the Peace, your lawyer or Commissioner for Declarations. Before sending the documents to the court, at least three copies should be made of each one.
What happens next, should bail be granted?
Certain conditions may attach that are designed to yield a particular outcome, whether that is appearing in court on a precise date or demanding that no other legal offences are committed while awaiting trial. This may include forbidding you from leaving a particular area (and surrendering your passport) or from associating with certain individuals – usually any accomplices with whom you are alleged to have committed crimes. You may also need to regularly report to a police station or check in with your lawyer. These conditions are implemented so you adhere to a strict code of conduct and do not breach your permissions and lose the privilege of bail.
What happens if bail is denied?
Circumstances dictate the next course of action. Depending on the offence with which you are charged, you may be required to show cause, another technical term that refers to “showing” the court why imprisonment is inappropriate given what you may know or if something about your case has changed that the court is not aware of.  Your lawyer may be able to help you with this process.
At Russo Lawyers, we are committed to your rights and mounting a vigorous, robust defence for all our clients. Contact us today to arrange an initial consult.
The post What is the procedure for bail application? appeared first on Russo Lawyers: Brisbane CBD Law Firm.

For the most part, bail is available for criminal cases. But the processes and procedures of actually obtaining bail – which enables you to avoid or leave jail in exchange for returning to court to face charges – can vary considerably.
Bail can come from the police or courtGenerally, bail is granted by the police or by the Court. The police will generally grant bail within 24 hours of your arrest. Should the police decide that bail is not appropriate, then you can go to the court and apply for court-ordered bail.
Factors that influence the court, whether it is in the Magistrates Court or Supreme Court, include (but are not limited to) where you live, if you are employed, the charges alleged against you, whether you have a criminal record and if you are deemed a flight risk.
Of course, none of this can happen without first filing your bail request application. There is a very specific process that must be followed to the letter. First, you must deal with all required forms. They include:
• An official application for bail• An affidavit, or written statement, that supports why bail should be authorised• A draft bail order.
If you have multiple letters of support that further substantiate why your bail request should be honoured, they must include exhibit markings attached to each. Once you are certain that all the forms are filled out completely and accurately, the completed document and all accompanying materials must be signed by yourself and witnessed by a Justice of the Peace, your lawyer or Commissioner for Declarations. Before sending the documents to the court, at least three copies should be made of each one.
What happens next, should bail be granted?Certain conditions may attach that are designed to yield a particular outcome, whether that is appearing in court on a precise date or demanding that no other legal offences are committed while awaiting trial. This may include forbidding you from leaving a particular area (and surrendering your passport) or from associating with certain individuals – usually any accomplices with whom you are alleged to have committed crimes. You may also need to regularly report to a police station or check in with your lawyer. These conditions are implemented so you adhere to a strict code of conduct and do not breach your permissions and lose the privilege of bail.
What happens if bail is denied?Circumstances dictate the next course of action. Depending on the offence with which you are charged, you may be required to show cause, another technical term that refers to “showing" the court why imprisonment is inappropriate given what you may know or if something about your case has changed that the court is not aware of.  Your lawyer may be able to help you with this process.
At Russo Lawyers, we are committed to your rights and mounting a vigorous, robust defence for all our clients. Contact us today to arrange an initial consult.
The post What is the procedure for bail application? appeared first on Russo Lawyers: Brisbane CBD Law Firm.

The term ‘Plea Bargain’ is widely used in media, however, it is not a commonplace option in Queensland Courts. Instead, prosecution and defence lawyers will often engage in negotiations throughout the criminal process to lessen charges, reduce sentences and attempt to avoid lengthy or costly trials.
Why do negotiations take place?
Trials can get pricey very quickly. From drafting documents to interviewing witnesses to coordinating with the court so hearings and motions can be scheduled, it isn’t unusual for trials to cost clients dearly. The longer they go, the more expensive they tend to be. Depending on the facts of the case, there are other options that avoid the costs associated with litigation, court and legal retainer fees.
Many defendants plead guilty for a variety of reasons, which include:

Actual guilt;
In order to minimise sentence;
To save the cost of a trial; and/or
Risk of a finding of guilt against them.

Negotiations are often beneficial because they promote cooperation between the defence and the prosecution. A court will not accept a plea if one side is unhappy with the end result. So long as all parties negotiate in good faith, plea negotiations can be the best turn of events for everyone because they require collaboration and mutual understanding. 
Justice Mediation
Another option for defendants is ‘Justice Mediation’. This is where a meeting is facilitated between the defendant and the complainant or victim. It provides the parties to discuss what happened, the effects of the offence and if there is a way to repair the harm caused to the victim outside of the court.
Justice Mediation is a voluntary process, referred by the police, prosecutor, or court. The result of a successful justice mediation may result in the charges being dropped, or the outcome being taken into account in Court and lessening the sentence you receive. Even if it is not successful, an attempt at justice mediation may be taken into consideration when you are given a sentence.
If your matter is higher than the Magistrates court, it is unlikely that Justice Mediation will be considered, due to the more serious nature of the offences alleged.
Factors the limit a sentence
If you do not engage in Justice Mediation, or are unsuccessful, it is still possible for a sentence to be reduced or changed depending on a variety of circumstances that will be negotiated between the defence and prosecution. These factors include:

Any prior criminal history
The nature of the offence
The age of the defendant
The impact on the victim
Letters of apology to the court and to the victim (if possible)
Relevant case law for similar situations

Sentencing may also be reduced on the basis of personal circumstances. Of the defendant has children, or has a specialised job, sentencing may be reduced or a lesser sentence with no conviction given. It is important to provide Character references from family, friends, co-workers, and members of the community to corroborate your personal circumstance and quality of character.
Pleading down a charge
Negotiations often occur when there are multiple charges available. For instance, one account of common assault may also include another count of aggravated assault. In exchange for a plea of guilty, the prosecution may agree to leave in place the lesser of the two charges. This, of course, means less time spent in jail or a smaller fine, whatever the incident in question may be. Negotiations may also result in the substitution of charges or rolled up counts, which combines similar offences into one or fewer.
At Russo Lawyers, we are committed to our clients and will get to the bottom of the facts in the vigorous pursuit of justice. Before you speak to the police, please contact us by phone or online  to ensure your rights are protected.
The post Plea Bargaining in Queensland – What is it? appeared first on Russo Lawyers: Brisbane CBD Law Firm.

Where can you hunt?
Private property, whether it is your own or another person’s, is the only place you can legally hunt. If you wish to hunt on private land that is not your own, you must seek and obtain the permission of the landowner first. If you do not seek the permission of the owner, you will be considered to be trespassing and be liable for a maximum of 20 penalty units or 1 year’s imprisonment.
Aborigines and Torres Strait Islanders living on ‘trust lands’ are exempt from hunting and fishing regulations and are allowed to hunt using their traditional methods.
What can you hunt?
Unlike in the rest of Australia, Queensland does not have game species. Instead, there are classifications of animals known as pest species that may be hunted at any time, so long as the landowner’s permission has been granted.  These species include:

Camels
Deer
Bali Cattle and Bison
Dingoes
Feral cats or dogs
Feral pigs
Foxes
Rabbits
Feral goats

Any native species, or those protected under the Nature Conservation Act 1992 cannot be hunted. If a protected species is hunted, penalties can go as high as 3,000 penalty units or 2 years imprisonment.
How can you hunt?
Regardless of where you hunt – firearms need to be properly registered in accordance with the Weapons Act. This is mainly done for both tracking, compliance and safety purposes, as each firearm is given a unique serial number. However, some guns are off-limits and cannot be licenced in any way. The guns that are permissible must be renewed every three to five years in Queensland, depending on the firearm. As noted in Section 50A of the Weapons Act 1990, the maximum penalty for unlawful possession of a firearm is 13 years in prison. To be considered a full licence holder, you must be 18 years old. Juveniles have limitations on licencing. They need to be no less than 11 years of age and be under the watchful eye of a licenced adult at all times.
Depending on where your hunting, permits may be needed in addition to a licence. On private property, however, a current licence suffices. This goes for hunting on your own property as well; you still need an up-to-date licence for your actions to be considered legal.
If you have been charged with any offence whilst hunting, Russo Lawyers can help you understand how they apply to you and how to help your situation. Contact us today.
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As many variables are taken into account in bail requests, there are nearly as many that pertain to why it may be denied or be directed to a different judge or court. Here are a few of them.

The post Why may bail be refused? appeared first on Russo Lawyers: Brisbane CBD Law Firm.

If you’ve recently been accused of common assault, you’ve likely heard several legal terms and wondered what they meant and how they applied to your situation. Conviction for this act tends to vary depending on the incident in question and where it occurred. If you have been charged with common assault, it is important to understand what this means for you and what distinguishes it from other violent offences.
What is common assault?
Common assault is the least serious and most recurrent of the available assault offences. It does not require overly aggressive or violent behaviour and captures a wide array of criminal behaviours. Under s 245 of the Criminal Code Act 1899 (Qld), assault is any non-consensual threat or actual striking, touching or application of force. Common assault is a form of unlawful assault and makes verbal abuse, threats of violence and other assault causing minor or non-lasting injuries, a misdemeanour.
What is the sentence for common assault?
The maximum sentence prescribed by the Criminal Code is three years imprisonment. As common assault is considered a misdemeanour, rather than a crime, the punishment tends to be less severe. Depending on criminal history, and the conduct or remorse of a defendant during the court process, this act will often be punishable by fines, good behaviour bonds, community service orders or probation.
What can aggravate a charge of common assault?
Common assault may be aggravated where the assault is committed by an intoxicated individual in a public place. When this occurs, a community service order will be made by the court.  This means that the defendant will be required to perform unpaid community service (such as removing graffiti or cleaning litter) for a specified period of time. This period of time can range from 40 to 240 hours.       
Other forms of aggravation include assault of aircraft crew, police officers, public officers, people with disabilities or those aged over 60 years. Common assault will be considered a more serious offence where the assault causes bodily harm, is done with the intent to commit a crime or interferes with the freedom of trade or work, amongst other aggravations. In these circumstances, the offence is considered a crime, rather than a misdemeanour.
Where the assault is to be considered a more serious offence, the sentencing will be more stringent and may vary from 7 years for assault occasioning bodily harm, to 14 years for serious assault where the offender pretends to be armed with a weapon. It is still possible however, given a defendant’s criminal history and behaviour, for a sentence not involving imprisonment. Given the nature of the offence, the punishment will still be harsher than that of common assault.
How can you get a lesser sentence for common assault?
To get a lesser sentence for common assault, a defendant may be able to use one of the defences available to this charge. The availability of a defence is entirely based on the facts and circumstances of an assault.  Available defences include provocation, self-defence or accident.
If a defendant wishes to use provocation as a defence, they will need to prove that as a response to an act or insult, they lost control of their actions and responded in a way that a reasonable person would, proportionate to the incident. It will not be considered provocation if the incident was a request to follow lawful instructions.
Where a defendant claim self-defence, they must determine whether it was defence against an unprovoked or a provoked assault. Where the defence is used against an unprovoked assault, the defendant must prove they committed to offence to prevent an attack and they did so with appropriate force and without malice. If the offence was against a provoked assault, it will only be an applicable defence if the defendant was doing so to prevent death or grievous bodily harm.
Also available to a defendant is adult restorative justice conferencing, also known as justice mediation. This voluntary process allows for the victim and the defendant to meet in controlled circumstances and discuss the events, the effects and how to repair the harm caused to the victim. An impartial third party, called the convenor, helps facilitate the discussion to reach an outcome favourable to both parties. If justice mediation does not end favourably, the matter will continue to process through the court.
In Queensland, everyone is entitled to a robust defence and a thorough evaluation of incidents that occur. Whether common assault resulted from provocation or was an act of self-defence, these are some of the things we want to know about at Russo Lawyers. We will get to the bottom of whatever you’ve been charged with, so you know your rights and are supplied with the best legal strategy moving forward. Please contact us to arrange a consultation so we can inform you how best to proceed.
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There are often many misconceptions over what is classified as an indecent act and what is a sexual assault. It is important to know the difference, so you can know your rights if you’ve been charged with an offence. If you’ve been recently accused of an indecent act, you may want to consider your legal options, because the penalty for a conviction can have a lasting impact on your reputation and freedoms.
What is an indecent act?
Under section 227 of the Queensland Criminal Code Act 1899, any indecent act done wilfully in a public place, or with intention to offend, will be considered an offence. Indecency is based on community standards, and what a member of the ordinary public would consider offensive or insulting. This includes acts such as public masturbation or pretending to perform a sexual act or sending unsolicited nude photos.
Section 9 of the Summary Offences Act 2005 makes it an offence to deliberately expose genitals (‘flashing’) in a public place, or near enough to a public place that the act may be seen. This is known as wilful exposure. If a person exposes their genitals for the purpose of embarrassing another, it will be an aggravation of the offence.
What makes it different to sexual assault?
Indecent acts do not involve physical contact with another and are therefore considered ‘acts’ rather than assaults. Although an element of sexual assault involves ‘indecency’, it is meant in the context of non-consensual sexual touching or a threat of non-consensual sexual activity, amounting to assault. The major differentiation between an indecent act and assault is the physical contact between the offender and the victim. As there is a lack of touching of another person when committing an indecent act, it cannot be considered to be an assault.
If an indecent act committed in public, with the intention to offend were to involve touching another person in a sexual way, without that person’s consent, that act would be considered a form of sexual assault rather than an indecent act. 
Sexual assault is a far more serious crime, and in aggravated circumstances, may lead to a sentence of life imprisonment. On the other hand, indecent acts will carry a maximum penalty of 2 years imprisonment, and aggravated wilful exposure a maximum punishment of 40 penalty units or 1 year’s imprisonment.
What are the defences to indecent acts?
The possible defences for the offence of an indecent act include, but are not limited to:
Adult Entertainment Permit
If the indecent act, or wilful exposure is done under an adult entertainment permit, such as in a strip club, nude waitressing or exotic dancing, the act will not be considered an offence. However, even with permit, masturbation or touching genitalia will still be considered an offence. 
Act was not done in a public place or with the intent to offend
If the accused can show that the act was not done in public, or that it was intentional, but not intended to insult or offend, there may be a defence to the offence.
Accident
If a person exposes their genitals accidentally, it could not be considered wilful exposure. The lack of criminal intent will also apply to an indecent act lacking the requisite intention.
Compulsion
If an indecent act is done under actual or threatened violence or in obedience with an authority, there is no offence committed.
Intoxication
Where a person is intoxicated without the intention to be on their behalf, any indecent act or wilful exposure may be excused.
What are the penalties for indecent acts?
If a person is found guilty of indecent acts or wilful exposure, there is a variety of penalties available. Including:
• Imprisonment – maximum of two years for indecent acts, or 1 year for aggravated wilful exposure
• Fine – worth a maximum of 2 penalty units for wilful exposure, or 40 penalty units in aggravated circumstances
• Probation
• Community Service
• Good Behaviour Bond or
• Intensive corrections order
What to do if you’re charged with an indecent act
If you have been charged with an indecent act or wilful exposure, we want to hear from you at Russo Lawyers. We’ve helped hundreds of clients over our 30-plus years of practising law. Our team of tenured solicitors will review your case and give you our professional opinion if challenging the accusation is in your best interest. Please contact us today to arrange a consultation.
The post Is an Indecent Act a form of Sexual Assault? appeared first on Russo Lawyers: Brisbane CBD Law Firm.

Are you concerned about being caught shoplifting in Brisbane? It can be an intense experience, and you would likely experience a great deal of fear, shame, and humiliation. This can mean making mistakes that could cost you dearly when it comes to your future.
Of course, the best course of action if you have a problem with compulsive behavior, or desperate circumstances lead you to steal, is to seek professional help, but lapses can happen. To avoid serious consequences, it best to make sure you are prepared in advance, and to know a criminal lawyer in Brisbane who can help.
Shoplifting offences
In Queensland, Shoplifting offences include:

Outright theft, i.e. the taking of goods without paying for them
Altering or removing price tags
Eating or drinking without paying for it
Leaving a restaurant or hotel without paying for used services
Paying with a bad cheque or an unauthorised credit card

There are two shoplifting offences. If the value of goods is under $150, the offence is subject to a fine equal to 6 penalty units under the Regulatory Offences Act 1985. If the value of the goods exceeds $150, you could be charged with a more severe offence, such as stealing or fraud.  Repeated shoplifting offences may also result in more severe sentencing in addition to fines. However, if it is a first offence, the court may allow you a good-behaviour bond.
What to do if you are caught shoplifting
If you are taken notice of while shoplifting and confronted by a department store employee or a security guard, it’s important to know your rights and to not say anything or sign anything that could harm your defence.  
The shop cannot physically restrain you, force you to accompany them to another location, or lock you in a room. They also cannot lay hands on you for a search of your person or search your bag or belongings without your consent.
In some cases, it isn’t unheard of for a friendly approach to be tried with shoplifters, and you may be assured by a security officer or store owner that you will be let go if you simply admit you took something, or if you sign a document admitting your guilt. However, there is nothing to prevent the police from being called or a formal complaint made, and your admission could seriously harm you if charges are then filed.
The best course of action is to say nothing if accosted and seek legal counsel as soon as possible. If it is a very low-value item, and you immediately hand it back but don’t incriminate yourself verbally, the store management may decide it isn’t worthwhile to pursue the matter further. It may be tempting to simply leave but fleeing the scene on foot or in a vehicle may make matters worse.
Returning any items taken will work in your favour if you do end up being charged, as judges often see remorse and restitution for the theft as grounds for leniency. Showing remorse should be done without a verbal admission of guilt.
If the value of what you have taken possession of or tried to alter tags on is more than $150, or you have been caught shoplifting before, your case may become even more complicated and you should decline to make any statement until you speak with a lawyer.
If you are charged with shoplifting
In most cases, if you are caught obviously shoplifting, then the store will ring the local police. The police will attend, seek a statement from you, and (if available) they may look at any CCTV footage. Some retailers may have a company policy to always ring the police even if they only suspect items have been stolen by someone.
If the officer believes that the fact that you shoplifted can be proven, they typically won’t arrest you on the spot unless it is an egregious or repeated offence. Instead, they will likely issue you a notice to appear. As the suspect in the shoplifting offence, you will be commanded to appear in the Magistrates court most local to the establishment where it is alleged that you committed the offence.
Before the date to appear arrives, it is wise to seek legal advice. Without preparation, you could end up with a substantial fine, jail time, or even prison time. You may also find your future is adversely affected by having such an offence on your record, particularly in regard to your future employment.
Knowing what to do if you are caught shoplifting can help you get through the experience and come out the other side with your life intact, and hopefully in a place to get some help. If you were shoplifting out of desperation, you can also seek help from community resources.
Have you been caught shoplifting? Reach out to the team at Russo Lawyers for a free initial phone consultation for assistance with your case.
The post What to do if you’re caught shoplifting appeared first on Russo Lawyers: Brisbane CBD Law Firm.

Wilful Damage is defined under Section 469 of the Queensland Criminal Code as the wilful and unlawful destruction or damage of property without the consent of the owner. Destruction of property is to render property imperfect or inoperative and includes vandalism and graffiti. Graffiti is the act of spraying, drawing or applying paint or another marking substance to property visible from a public place. The damage does not have to be permanent or long-lasting, and may include marking, defacing, removing or altering the property.
Wilful Damage is one of the most commonly reported criminal offences in Australia. In some circumstances, it is even possible for a person to be found guilty of damaging their own property. For example, where a person deliberately damages their car to make a spurious insurance claim.
Underreporting of Wilful Damage
It is difficult to gauge how many times the offence of Wilful Damage has occurred, because cases are often not reported to the police. Wilful damage is significantly underreported due to the disincentives in insurance policies to report minor damage, the low expectation of the offender being caught or the perceived minor nature of Wilful Damage offences.
When is Wilful Damage defendable?

No intent – Where damage has been caused accidentally, it will not be seen as ‘wilful’. Because the damage was not intentional, no offence has occurred.
Consent was given – If the owner of the property has granted permission for that damage to their property, it is not capable of being Wilful Damage.
Emergency – If property was damaged in a situation where someone was in danger of death or serious injury, it is not an offence – for example, breaking a car window to save a passenger.
Duress – If damage is caused, and the person was under duress or compulsion, it will not be Wilful Damage.

What is the punishment?
Wilful damage is the simplest form of damaging property and is generally punishable by a maximum 5 years imprisonment. However, the offence may also be subject to the usual other penalties, including fines, probation, community service or good behaviour bonds. It is common for a court to order that a person pay to fix the damage they caused or pay compensation in an appropriate amount. There are several special cases of Wilful Damage, which may attract higher penalties. These include damage to:

Seawalls, including inland water (such as dams).
An official document, will or other deed or record.
A wreck (such as a shipwreck)
An aircraft, railway or train.
An educational institution, such as a school, university or child-care centre.
A cemetery, memorial or place of religious worship.
Anything of special value – including vessels, lighthouses, agricultural property or manufacturing property.
Or destruction by explosion.

Damage to seawalls or destruction by explosion may attract a sentence of life imprisonment, if the damage placed people’s lives at risk or caused death.
How to report Wilful Damage
To report an incident of Wilful Damage, the Queensland Police have a simple online form. This service works particularly well if the case does not appear to be extremely serious (does not require immediate police attendance), or if you have been an eyewitness to alleged Wilful Damage to property and would like to notify the authorities.
What if you’ve been accused?
To be found guilty of Wilful Damage, there must be, beyond reasonable doubt, a finding that there was damage to property, belonging to another person, and that the damage was caused intentionally and wilfully.
If you choose to agree to these claims, you have the option to plead guilty, which will then proceed to the sentencing. If you decide to plead not guilty, a brief of evidence will be served. This contains all the evidence police have against you, and you have time to reconsider your guilty plea. If you’d like to continue, a hearing date will be set for your defended hearing.
Whether you plan to plead guilty or not guilty, you need a strong legal team by your side to ensure the best outcomes. At Russo Lawyers, we are equipped to deal with complicated legal cases and offer the best outcomes with our exceptional team of lawyers and support staff. Contact us today for more information on how we can help you.
The post What is Wilful Damage? appeared first on Russo Lawyers: Brisbane CBD Law Firm.

Drug driving offences can be hard to navigate, especially if you’re new to the criminal and legal system. However, if you know your rights and the Transport Operations Road Use Management Act 1995 (Qld), you can avoid potential costly legal issues. First, it is important to know that taking recreational or prescription drugs and driving can create dangerous conditions on the road for you and others. These effects are detrimental and can include an impaired ability to determine distance, an unpredictable emotional and mental state, blurred vision, hallucinations, nausea and much more.
Police may test you for drugs at any time. Random roadside drug testing is perhaps most common and does not require the police to suspect any drug use of any kind prior to testing. You can look, behave and communicate soberly and still be breaking the law if you are found to have any relevant drug in your system. Additionally, if authorities do suspect you to be under the influence based on your behavior behind the wheel, they can pull you over and test you just as they might if you were under the influence of alcohol.
Roadside drug testing is done through a saliva test, which typically takes 3-5 minutes to process. It looks for active ingredients in specific illegal drugs, and can be affected by the type of drug taken, quantity and quality, frequency of drug use and time lapsed since initial ingestion. If the saliva test comes back positive and relevant drugs are detected, a second test will be issued and sent for additional examination. A blood test may also be required if saliva screenings fail. 
Relevant and non-relevant drug driving
The Transport Operations Road Use Management Act provides two frameworks for drug driving. These are the offences of relevant drug driving or driving under the influence of drugs. On paper, they sound the same. However, these offences carry different penalties.
Four specific drugs are considered “relevant" and as such are illegal no matter how much you ingest. Though testing capabilities vary by state or territory, there is generally zero tolerance for driving under the influence of methamphetamine, cocaine, MDMA (the active ingredient in ecstasy) or THC (cannabis’s active ingredient).
Penalties
Drug driving is similar to driving under the influence of alcohol, with one major exception. Relevant drugs are illegal no matter what amount you have of them in your system. This zero-tolerance policy requires two positive drug tests – either of the saliva or blood – to come into effect.
If you test positive for a relevant drug – or for the ingestion of other drugs or alcohol over the legal limit, after being suspected of driving under the influence – your license will be automatically suspended. The length of this suspension depends on the severity of the offence.
The penalties for drug driving with a relevant drug in your system include:

Automatic loss of license/disqualify you from driving for between 1 and 9 months
Fine of up to $1,868
Maximum term of imprisonment of 3 months

Penalties for under the influence drug include:

Loss of license for up to 6 months
Fine of up to $3,736
Maximum prison term of 9 months

Additional things to know

Prescription drugs: Prescribed drugs and even those purchased at the pharmacy over the counter are illegal to have in your system while driving if any of them impair your ability to operate a vehicle. Police are compelled to test for this if they suspect you of being under the influence.
Repeat offence: there are increased penalties if you are charged with a repeat driving offence. You are a repeat offender if you have been convicted of a drug driving charge in the last 5 years. The possible penalties for repeat offences include loss of license for up to 2 years, a fine of more than $8,000 and imprisonment for an unspecified period of time determined by the court.
Refusing the test: if you refuse to provide a specimen of saliva for testing you may be fined up to $5,338 or sentenced to a maximum of 6 months in prison. Additionally you may also be liable for the same penalties as you would if you were being charged with the original offence.

There are a lot of things to be aware of when it comes to drug driving offences. At Russo Lawyers, we can supply you with the knowledge you need to make sense of everything. Contact us today and let us show you how we can help.
The post What are the penalties for a first offence of drug driving? appeared first on Russo Lawyers: Brisbane CBD Law Firm.

There are few words that carry as much weight when spoken as “murder.” Murder is defined under section 302 of the Criminal Code 1899 (Qld) as the unlawful killing of another under certain circumstances. For example, section 302 circumscribes these situations to be the wilful, intentional killing of another person, or an intentional infliction of grievous bodily harm (serious physical injury inflicted on a person by the deliberate action of another) on the person killed. For completeness, there are several other circumstances under this section but the two previously mentioned circumstances are arguably the most common.
Generally, any person who is convicted of murder is liable to imprisonment for life. This penalty cannot be mitigated or varied.
It is important to note that murder differs from the offence of dangerous driving causing death, otherwise known as vehicular homicide. The latter offence comes with a maximum penalty of 14 years in prison.
What is murder?
The offence of murder requires the prosecution (the Crown) to prove the existence of physical elements and mental elements beyond reasonable doubt. The physical elements of murder require an unlawful killing where the accused has caused the death of the victim. To be liable for murder, as opposed to manslaughter, the Criminal Code requires an intention to cause death or grievous bodily harm. Once the prosecution’s onus has been discharged, the onus shifts on the defence to potentially make out one of the following defences on the balance of probabilities (more probable than not). The jury then decides on whether there are sufficient facts to acquit the defendant.
Defences for murder
Have an alibi
Having an alibi that proves the defendant was not at the scene of the crime when the crime was committed is a strong defence. This element hinges on the fact that the Crown would not be able to prove that an act or omission of the accused caused the death and criminal act.
The act was not voluntary
The Criminal Code presumes that the accused’s acts were voluntary. The Crown is therefore required to prove that the criminal act was done by the accused on their own free will, and that it was knowingly harmful. This defence is subject to the scenario in which the accused acted unlawfully due to the existence of a mental illness.
Acted under duress
The accused may be acquitted of the criminal act if he or she acted because of threats of death or serious injury to themselves or someone they were responsible to protect (i.e., their children). It also requires the defence prove that a normal person – or as the Crown calls it, “a person of ordinary firmness” – would have acted in a similar fashion under similar conditions (note: in New South Wales, the “murder under duress” defence does not apply when the accused did the killing, but is available when the accused is an accessory to murder).
Actions were an attempt to avoid more dire consequences
This defence can arguably be described as an act out of necessity. Specifically, it must be proved that the defendant acted in a way to avoid an otherwise unavoidable circumstance when the criminal act was undertaken. Additionally, the defendant may be acquitted if it can be proven that the accused acted to avoid imminent peril in a way that a reasonable person would act, with no other lawful alternatives available.
For example, this defence can be made out if the defendant acted to attempt to prevent death or serious injury to themselves or a dependent through the commission of a homicide.
Acted in self-defence
If it can be proved that the accused acted in a reasonable capacity that he or she deemed necessary to protect themselves or a dependant, their property or to prevent criminal trespass, then they may be acquitted.
Can prove mental illness
As a primary element to any criminal act, a defendant is presumed to be of sound mind and judgement, despite ignoring laws and moral guidelines that oppose . To prove the mental illness defence requires evidence that a defect of reason was caused by a “disease of the mind” in the accused. Mental illnesses that count toward this defence include schizophrenia and bipolar disorder.
A legal team you can trust
Criminal defence can be both confusing and overwhelming. To ensure you’re getting the right counsel for whatever matter you’re involved in or have been accused of, Russo Lawyers can help you navigate the intricate legal waters. For more information on what we can provide for our clients, contact us today and let us show you how we can help.
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Australia is a nation of many laws. One of the more comprehensive aspects of regulation in Australia is weaponry. Specifically, we have uniform legislation that prevents the misuse of weapons and firearms.
In order to understand the legislative purpose and effect of the Weapons Act 1990 (Qld), it is necessary to travel back in time to the 1990s This Act was introduced pursuant to the Port Arthur tragedy, which claimed the lives of 35 people in Tasmania and nearly two dozen who were wounded when a man opened fire at a popular tourist attraction. The legislation intended to provide clarification on the types of licences people needed in order to own a firearm and under what circumstances they would be issued.
A series of amendments have been passed ever since the Act’s inception to provide clarification and close loopholes in the original version of the Act. Perhaps the most notable of them all was signed into law in 2012. Specifically, the Weapons and Other Legislation Amendment 2012 (Qld) imposed mandatory sentences for the unlawful ownership of certain firearms as well as possible imprisonment for those entities that supply or sell guns that are deemed contraband.
But what actually constitutes a firearm within the operation of the Act? Furthermore, what penalties may result in the event you get caught with one? That is what we will go over so you can be clear about the rules and regulations on the books and what channels you are supposed to go through to ensure the law is on your side.
Any unregistered firearm is illegal to own
Before getting into the specifics of the various penalties, it is helpful to understand what guns are restricted to own in Queensland. For starters, any firearm that is unregistered is considered illegal. In fact, as outlined by the Queensland Police, it is your responsibility to surrender a unregistered firearm to the proper authorities so the registration process can be assessed and completed in accordance with the Weapons Act. Subsequent to successful registration, firearms are given a serial number and the owner is granted a license to own.
Additionally, it is illegal to carry weapons out in the public. This is because the potential ramifications such as death or injury are far too serious of a risk. This is so, even if the occurrence of these incidents are unlikely or if ownership is strictly for defensive purposes.
There are also a number of guns that are impermissible to own under any circumstances. In the National Firearms Agreement that went into place in the aftermath of the Port Arthur massacre, “restricted weapons" fall under Category R/E portion of the NFA. These illegal firearms include:

Rocket launchers
Fully automatic self-loading rifles
Flame throwers
Anti-tank guns
Machine guns
Certain antique firearms (such as muzzle loading black powder flintlock manufactured pre-1901).

In short, any military grade weapons are illegal to own in Queensland, as well as the rest of Australia.
Penalties depend on several factors
While these restrictions are straightforward, the penalties for possessing them are not quite as cut and dried. Generally speaking, the consequences of owning a banned firearm or one that has not been properly registered is assessed by the seriousness of the offense. As an example, if you unlawfully possess 10 or more weapons, as defined by the Act – the maximum penalty is 10 years in jail.
Additionally, you can still be punished if you have a permissible firearm that was not registered or was done so improperly. According to Section 50A of the Weapons Act 1990 (Qld), the maximum punishment is 120 penalty units. One penalty unit is the equivalent of $133.45. So if you were to multiply this figure by 120, you may be fined over $16,000.
If you are unable to pay the fine, you may be sentenced to jail for a period that is commensurate with the penalty units received.
Another factor that may influence the penalty associated with illegal firearm ownership is how you obtained it. For example, if you stole the firearm or ammunition and this can be proven in court, you could be imprisoned for up to 10 years. There are also offences on the books that may not be the same as theft, but might as well be in terms of how they are adjudicated. This includes concealment of certain documents or severing with the intent to steal.
Know what licence applies to you
Being a lawful owner of a firearm is pretty straightforward. You just have to know the type of weapons license needed for the one you seek to own. There are 14 types, including blank-fire, collector’s, concealable, security (guard or organisation) and visitor. If you go to the Queensland Government website, you will get more specifics about each. For instance, minors may be allowed to obtain a licence for firearm use under certain circumstances. "Minors" are classified as those between the ages of 11 and 17. However, minors cannot actually acquire a firearm, meaning own one.
There are many laws that stipulate and contemplate what constitutes legal and illegal firearm possession. At Russo Lawyers, we can supply you with the knowledge you need to make sense of everything. Contact us today and let us show you how we can help.
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Tax law in Australia is extremely specific about what type of conduct constitutes a criminal act. The most common taxation offences provided for under Commonwealth Legislation include obtaining a financial advantage, tax fraud, conspiracy to defraud, and tax evasion. Each of these is a crime in its own right, violating a specific section of the Criminal Code Act 1995 (Cth) (‘the Act’) and thus subject to criminal investigation and prosecution.
Understanding which crime falls under which section of the Act and what penalties may be imposed on violators can help you understand the massive risk you take when engaging in any form of tax evasion or fraud. This can also help you determine if you need the assistance of a financial expert to put your affairs in order, or of a law firm to defend you against allegations of a criminal act against the Commonwealth or other taxpayers.
Taxation Offences
The most common offences are fairly straightforward, and typically not committed by accident. However, if you think you may have inadvertently committed a crime, you should contact a lawyer directly.
If you simply misfiled a tax return, or an error was made leaving you with unpaid taxes, it may be a simple matter to resolve, with a lower chance of serious liability. Deliberate fraud or false statements, on the other hand, can lead to charges of tax evasion. Punishment under Australian law can be severe for tax fraud.
The main offences for prosecuting tax evasion are contained in sections 134.1(1), 134.2(1), 135.2(1), and 135.4(3) and (4) of the Act.
Section 134.1(1): Obtaining property by deception
The Commonwealth may allege an offence under this section if you used deception to dishonestly obtain property belonging to a Commonwealth entity, and that you intended to permanently deprive the Commonwealth of that property.
“Property" is generally defined as the funds owed in tax, but can also be other financial assets. In other words, failing to pay taxes by way of falsifying information in your tax return can be construed as obtaining property by deception.
In light of these considerations, the prosecution must prove beyond a reasonable doubt both that your actions were deliberately deceptive and that they resulted in your obtaining property, such as funds or financial assets that would otherwise belong to a Commonwealth entity.
If any one of these elements is unproven by the prosecution, you would be found not guilty of this form of tax evasion. If you are found guilty of obtaining property by deception, the maximum sentence is ten years in prison under the act.
Section 134.2(1): Obtaining financial advantage by deception
The Commonwealth may allege an offence under this section if it is suspected that you used deception to dishonestly obtain a financial advantage from a Commonwealth entity.
The prosecution must prove two elements beyond reasonable doubt. First, that your actions were deliberately deceptive. Secondly, that these actions resulted in you gaining a financial advantage from a Commonwealth entity. Common examples of this offence include claiming a benefit you are not entitled to for yourself or another taxpayer.
If the prosecution fails to meet the burden of proof for any of these two elements, you would be found not guilty of this form of tax evasion. However, if you are found guilty of obtaining financial advantage by deception, the maximum sentence is ten years in prison under the Act.

Section 135.2(1): Obtaining financial advantage
This criminal offence is an alternative to the more serious section 134.2(1) offence and may be alleged against you if it is suspected that you obtained a financial advantage from a Commonwealth entity.
The prosecution must prove two elements beyond reasonable doubt. First, that you knew or believed you were not eligible to receive the financial advantage. Secondly, that you deliberately engaged in conduct that resulted in obtaining a financial advantage for yourself from a Commonwealth entity.
If the prosecution fails to meet the burden of proof for any of these two elements, you would be found not guilty of this form of tax evasion. If you were found guilty of this offence, the maximum sentence is twelve months in prison. This is significantly lower than the maximum sentence of ten years imprisonment under section 134.2(1) as discussed above.
If the prosecution case for tax fraud appears to be strong, your defence lawyer is likely to attempt to have the more serious offence under section 134.2(1) withdrawn and substituted with the less serious offence under section 135.2(1). This would reduce the maximum sentence the Court can impose on you from ten years to twelve months.

Section 135.4(3): Conspiracy to defraud
This criminal offence may be brought if it is suspected that you conspired with another person with the intent to dishonestly cause a loss to a Commonwealth entity.
Under section 135.4, the prosecution does not have to prove that you had knowledge that the defrauded party was a Commonwealth entity. Both you and any other offender involved in the conspiracy may share joint liability.
If you are found guilty of conspiracy to defraud, the maximum sentence is ten years in prison.
There are certain things you can do to avoid investigation by the taxation office. These include but are not limited to keeping your bank accounts in order, maintaining appropriate disclosure to authorities, and filing your taxes truthfully and in a timely manner. If you face criminal prosecution for tax evasion, the team from Russo Lawyers in Brisbane can help you deal with charges of tax evasion.
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近几年随着互联网小视频的崛起，常常有主播直播毁坏女友的化妆品等个人物品来测试另一半的反应，以此博得高点击率赚取高流量。
此类整蛊视频的初衷可能只是博君一笑，可是当它渐渐走入大众的视野，且成为茶余饭后的消遣，视频里的一些情节也潜移默化般影响着新生一代的行为方式，同时也引发了笔者的一些思考——即使是在亲密关系中，未经对方的许可，可以毁坏他人的财物吗？即使该物品是你送给她的？答案毫无疑问是否定的。
最近律所处理了一个类似的被定性为家庭暴力犯罪的案子，引发了很多思考，借此想与读者们一起分享。
 
案情
小红和小明是一对情侣，因为某些原因双方发生了争执，小红向小明提出分手且要求小明搬出去住。小明趁着小红不在家，肆意毁坏了小红的衣物、手袋、化妆品等一些价值不菲的物品。小红发现后遂报警。
警察把小明带走后，为小红申请了家暴保护令，防止小明再靠近或者骚扰小红。与此同时，警方指控小明犯了随意毁坏他人财物该刑事罪名，且因为受害人小红和小明是情侣关系，在警方的指控中同时指明这是家暴犯罪。最终警方把案子移交至检方手里正式提起刑事诉讼。
 
案情分析
在中国传统观念里，大家可能认为这个案例就是普通的男女朋友或者夫妻之间的纠纷，属于家庭内部矛盾。所谓清官难断家务事，外人又怎么插手？有必要小题大做吗？也基于此原因，当小明找到我们的时候，由于对澳洲法律知识的匮乏，小明并没有充分意识到事情的严重性。因此我们在跟小明讲解他的案子的同时，并且也向他科普了一些相关的法律知识。
澳洲政府对于家暴零容忍，对于相同罪名，如果是家暴犯罪，那么对于该罪犯施以的惩罚将会更为严厉。此类行为也是很大的污点记录，犯罪记录中的家庭暴力记录可能意味着你的澳洲签证将被取消。
– 什么是家庭暴力（家暴）？
在澳洲家暴的定义是非常宽泛的，超出了我们以往对于家暴的一般理解。澳洲对于家暴对象的定义包括夫妻关系、亲属关系、事实婚姻关系、亲密关系、同居关系、照顾关系、以及亲戚关系。
以下行为都属于家庭暴力：

身体虐待或性虐待；
情感或心理虐待，如贬低受害人、冷暴力、跟踪受害人、蹲守受害人、短信电话网络骚扰、阻止受害人和其朋友家人联系等；
断绝经济来源、限制银行卡的使用、禁止受害人工作等；
控制受害人社交、限制使用网络、电话和汽车等；
毁坏他人财物等；
威胁、强迫等；

 
– 接到关于家暴性质案件的报案后，警方会怎么做？
警方会在接到报案后赶往案发现场，根据情况将当事人带回警局问话并做笔录。如果确认是家暴，警方通常会向施暴者出示警方保护告知书（Police Protection Notice），以此禁止施暴者再对受害者进行伤害，如果情节严重，亦会增加条款限制施暴人与受害人接触。
在警方出具警方保护告知书（Police Protection Notice）后，法院会开庭审理家暴案件，通常警方会代表受害人向法院提起保护令（Protection Order）的申请（受害人也可以自行申请），法官会根据该案情判决是否批准保护令。
– 家暴是否会触发刑事诉讼？
警方会根据案子的性质决定是否另外提起刑事诉讼。就比如在本案中，小明收到家暴法庭判决下达的保护令——禁止他再次接触或伤害受害人小红的同时，他的案子会以随意毁坏他人财物（家暴）在刑事法庭进行审理。
 
– 是否可以向检方提请司法调解（Justice Mediation）?
当家暴事件发生，如果警方介入后为受害者申请家暴保护令的同时，且指控施暴者家暴犯罪，那么昆州检方的政策是拒绝司法调解。这对于事后想要通过司法调解来撤销指控的当事人来说无疑是致命打击。但与此同时也说明了昆州政府对于家暴的态度——零容忍！
 
– 如果夫妻和好如初了，可以要求撤销指控吗？
还应该值得注意的是，一旦受害者举报了家庭暴力案件，警方便会接管此事。如果该案子已经移交至检方提起刑事诉讼，即使之后受害者想撤回指控，检方无需同意。
 
回到小明的案子，Russo Lawyers律师团队在接到该案后，制定了几条策略，最终帮小明成功撤掉指控。经过这件事情，小明也充分认识到了自己的错误以及澳洲法律的严苛性。借此我们也希望广大的读者朋友们能够从小红和小明的故事中吸取教训——在家庭以及一切的亲密关系中，我们严禁一切家庭暴力，尊重家庭中所有的成员，有话好好说，以礼相待！
注：为了保护当事人的隐私，本文将会省略或更改一些案发情节。如有侵权，请及时告知。
The post 【澳洲刑法-家暴犯罪专栏】在澳洲，如果你把女朋友的口红都扔了会发生什么事？ appeared first on Russo Lawyers: Brisbane CBD Law Firm.