Clarity Law

Understanding Legal Defences to Assault Charge in Queensland: A Comprehensive Guide

When charged with assault in Queensland, knowing your defences is crucial. This article cuts straight to the chase, offering an understanding of defences to assault charge in Queensland, such as self-defence and the nuances of provocation. Read on to equip yourself with the knowledge to navigate your defence strategically.

Key Takeaways

• Assault charges in Queensland are governed by Part 5 of the Criminal Code 1899 and can range from common assault to serious and sexual assault, with penalties varying from fines to life imprisonment depending on the offence’s severity.

• Legal defences against assault charges include provocation, where the assault is a direct response to a wrongful act or insult, and self-defence, which must involve reasonable and proportionate force to protect oneself or others from imminent threat.

• The court process for more serious assault offences in Queensland includes a Committal Hearing in the Magistrates Court, followed by a trial or sentence in the District Court, where evidence such as medical reports and expert evaluations play a critical role in determining the case outcome.

Understanding Assault Charges in Queensland

The specific provisions under Part 5 of the Criminal Code 1899 govern assault charges in Queensland. These criminal law regulations outline the legal parameters for prosecuting individuals involved in assault cases. These charges typically manifest in two categories: The first category includes common assault, assault occasioning bodily harm, serious assault and grievous bodily harm, the second category are sexual assault. Each of these assault offences carries varying levels of severity, with penalties ranging from fines to imprisonment. Understanding these assault charges is the first step in navigating any legal proceedings related to assault.

The essence of an assault offence in Queensland revolves around the application of force or threat of such application, without the consent of the other party. Consent, when operating in a legal context, can serve as a defence to an assault charge, particularly in cases of assault occasioning bodily harm.

Common Assault

Common assault, as the name suggests, is one of the most frequently encountered assault offences. It encompasses situations where the victim sustains minor injuries or even situations where no physical injuries are present, as opposed to more severe cases like bodily harm assault. Examples of common assaults include spitting on someone or threatening them with a fake weapon. In these instances, a person assaults another individual without causing significant bodily harm, often in an unprovoked assault scenario.

However, despite the term ‘common’, this offence should not be taken lightly. In Queensland, the maximum penalty for common assault is three years imprisonment, showcasing the seriousness with which the legal system treats even minor offences related to assault.

We have a dedicated common assault page

Assault occasioning bodily harm

An assault occasioning bodily harm occurs where the person assaulted has suffered injuries that fall within the definition of bodily harm. In Queensland “Bodily harm” means any injury which interferes with health or comfort.

The maximum sentence for assault occasioning bodily harm is 7 years but where the offender is armed or is in company with one or more persons, at the time the assault is being committed the assault becomes aggravated in which case the maximum sentence will be 10 years imprisonment.

The matter is dealt with in either the Magistrates Court or the District Court.

This charge often results in a prison sentence but in the right circumstances that sentence can be wholly suspended or a person could undertake parole instead of serving time in jail.

We have a dedicated assault occasioning bodily harm page.

Grievous bodily harm

Grievous bodily harm is something more serious than a mere wounding or a bodily harm, and is defined as the loss of a distinct part of an organ of the body, serious disfigurement or any bodily injury of such nature that, if left untreated, would endanger or be likely to endanger life or cause or be likely to cause permanent injury to health.

This type of charge is very serious and can only be finalised in the District Court.

Generally a person charged with this offence would expect to obtain a jail sentence.

We have a dedicated grievous bodily harm page

Serious Assault

Unlike common assault, serious assault in Queensland involves:

• an assault with an intent to commit a crime or resist lawful arrest

• cases where a police officer or other emergency workers performing their duties is assaulted, resisted, or wilfully obstructed

• offences against a person performing a duty imposed by law.

The severity of serious assault is underscored by its penalties. In Queensland, the maximum penalty for serious assault is generally seven years of imprisonment. This is a serious offense that carries significant consequences. However, this penalty can increase to 14 years if the offender:

• bites or spits on a police officer

• causes bodily harm

• is armed with a dangerous weapon during the assault

• applies bodily fluid or faeces to a police officer.

Sexual Assault

Sexual assault in Queensland covers a wide range of non-consensual acts, including but not limited to touching, kissing, and sexual intercourse. The absence of consent from the alleged victim forms the crux of a sexual assault charge.

Penalties for sexual assault are severe, with the maximum penalty typically being 10 years imprisonment. However, the penalty can escalate to life imprisonment if the act is committed with an offensive weapon or in the company of another person.

Key Defences to Assault Charges

While assault charges carry significant consequences, there are legal defences available that can significantly affect the legal outcome, potentially reducing the severity of the charges or penalties. Two of the most common defences used against assault charges are provocation and self-defence.

Provocation is a defence used when the accused was provoked into committing the assault due to any wrongful act or insult from the person assaulted. On the other hand, self-defence is invoked when the accused’s actions were in response to an imminent threat, aiming to protect themselves or another person. Successfully using these defences can lead to an acquittal or result in a lesser sentence for the accused.

Provocation

The defence of provocation revolves around:

• a wrongful act or insult that is likely to deprive an ordinary person of self-control, inducing them to commit assault

• the accused must demonstrate that they lost their self-control due to the provocative conduct from the person assaulted

• the reaction to the provocation must be immediate, showcasing that there was no reasonable time for the defendant to regain self-control.

However, the defence of provocation has its limitations. The response to the provocation must not be excessive, i.e., it should not intend to cause death or grievous bodily harm. Also, the provocation must be directed at the defendant.

Provocation is not a defence when charged with grievous bodily harm or wounding.

Self-Defence

Self-defence is a fundamental right under Queensland law. An individual can use reasonable force, which must be both reasonable and necessary, to protect oneself or another person from an unlawful assault. The degree of force used must be proportionate to the perceived threat.

In cases of provoked assault, the law allows self-defence if the person believes they are in danger of being killed or seriously injured, provided that the defensive force used is reasonable and does not intend to kill or cause grievous harm. The prosecution bears the legal burden of disproving a self-defence claim, which must satisfy the court beyond a reasonable doubt.

Unprovoked Assault

Under section 271 of the Criminal Code an individual can use as much force as is reasonably necessary to defend themselves against an unprovoked assault. The force used must be proportionate to the perceived threat. This means that the use of force must be less than or equivalent to the force of the assault.

Provoked Assault

Under section 272 of the Criminal Code if a person assaults someone or provokes an assault that person may then use reasonable force to protect themselves if the other person responded with such violence that the person who provoked it would reasonably fear they may suffer death or grievous bodily harm.

This defence is not open to a person who’s initial assault or provocation is done with the intent to kill or do grievous bodily harm or where they use force which could cause death of grievous bodily harm prior to it being necessary.

Additional Legal Defences

Apart from provocation and self-defence, there are other legal defences that can be used in assault cases. These include acting in aid of others, extraordinary emergency, and insanity or mental health. These defences provide a broader perspective on the various avenues available for individuals facing assault charges.

However, the applicability of these defences is based on specific circumstances and conditions. For instance, the defence of moveable property allows the use of reasonably necessary force to defend possession of moveable property. Another interesting defence is the ‘mistake of fact’ defence, which is based on an honest and reasonable mistake of fact about a situation.

Mistake of Fact

If the defendant assaulted someone under an honest and reasonable, but mistaken, belief that things mistakenly believed to exist, they are not criminally responsible to any greater extent than if the real state of things had been such as he believed to exist.

A mere mistake is not enough, the mistaken belief must have been both honest and reasonable.

Acting in Aid of Others

Acting in aid of others is a legal defence that permits a person to use a similar degree of force to protect another person from an assault. This defence is based on the principle of good faith, meaning that the actions of the defendant must align with genuine intentions to protect the person being attacked, and be of such a nature that they are reasonable and proportionate.

The defence of acting in aid of others applies when defending another person from an assault, with the use of force being reasonable and not excessive given the circumstances. Essentially, where self-defence is justifiable, the same degree of force may be used by someone acting in good faith to aid another person.

Extraordinary Emergency

The defence of extraordinary emergency is invoked in response to an unexpected situation of such nature that the accused believes an emergency exists and their actions are necessary to prevent death or serious injury. This defence requires the accused to prove that there were no other reasonable alternatives available, and such action was a reasonable response to the emergency.

The evaluation of the defence of emergency involves considering:

• What would have been expected from an average person

• With a normal level of self-control

• Situated in the same unexpected and emergent circumstances as appeared to the accused at the time.

The prosecution bears the criminal responsibility of disproving this defence beyond a reasonable doubt.

Insanity and Mental Health

Insanity and mental health defences hinge on the mental state or capacity of the accused at the time of the offence. The accused must prove on the balance of probabilities that they were of unsound mind when the offence was committed. The defendant bears the responsibility of providing sufficient evidence supporting their claim of mental unsoundness during the incident.

If the accused is acquitted on grounds of insanity, they may be subjected to the Mental Health Act 2016, which could lead to the imposition of a Forensic Order or Treatment Support Order. The Mental Health Court decides if an individual was mentally fit at the time of the offense and if they are able to stand trial. It is the authority responsible for these determinations.

The Role of Evidence in Assault Defence Cases

Evidence plays a crucial role in shaping the outcome of assault defence cases. Medical evidence provides a factual basis for incident reconstruction and is essential in formulating a legal defence. For instance, in asserting self-defence, the prosecution must disprove this claim beyond reasonable doubt, taking into account factors such as prior victim behaviour, the nature of the accused’s response, and the possibility of retreat.

The Court Process

The court process for assault charges can include the following steps:

1. Committal Hearing in the Magistrates Court to determine if there is enough evidence for a trial.

2. If there is sufficient evidence, the case may be committed to the District Court for trial.

3. In the District Court, a Judge and possibly a jury will decide the accused’s guilt or innocence.

That process applies to the more serious assault charges like grievous bodily harm or serious assault.  Charges such as common assault can only be dealt with in the Magstrates court while assault occasioning bodily harm the choice of whether to hear the matter in the Magstrates Court or District court is up to the defendant.

Summary

Understanding the nuances of assault charges and their defences in Queensland is crucial for anyone navigating these legal waters. This article provided an in-depth exploration of the various assault charges, including common assault, serious assault, and sexual assault, and their associated penalties. It also delved into the key defences of provocation and self-defence, along with additional defences like acting in aid of others, extraordinary emergency, and insanity or mental health.

The importance of evidence in assault defence cases cannot be overstated, as it forms the backbone of any defence strategy. Finally, understanding the court process and potential outcomes can help prepare individuals for what lies ahead in their legal journey. Remember, every case is unique, and the information provided here should serve as a guide rather than an absolute truth. Always seek legal advice relevant to your specific case.

Frequently Asked Questions

What is the provocation defence in Qld?

In Queensland, the provocation defence is based on the definition of provocation as a wrongful act or insult likely to induce an ordinary person to assault, with the response being in the heat of the moment and proportionate to the provocation. This information provides the basis for understanding the provocation defence in Queensland.

What are the elements of assault in Qld?

In Queensland, assault includes the act of striking, touching, moving, or applying force to another person, as defined in section 245 of the Criminal Code Act 1899. This encompasses the use of substances or objects causing injury or personal discomfort.

How do I get more information or engage you to act for me? 

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We are a no pressure law firm, we are happy to provide free initial information to assist you. If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost. All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission or until we are legally allowed to.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

Other articles that may be of interest

• Your right to silence

• Queensland Drink Driving Guide (2024)

• Negotiating with a Prosecutor in Queensland

• Court character references

• The difference between a conviction and non-conviction

• Declining a police interview

• A guide to an Assault Occasioning Bodily Harm Charge

When facing an arrest, many people in Queensland tend to overlook one of their most potent defences—the right to silence. Far too often, individuals willingly speak to the police, unknowingly providing evidence that can lead to charges being brought against them or harsher penalties in court. In this article, we'll delve into the importance of exercising your right to silence, explore the legal context in Australia and Queensland, and provide insights into protecting your rights during police questioning.

In our opinion people in Queensland far too easily give up their right to silence when speaking to police. Often a person’s willingness to talk to police results in charges being bought or harsher penalties in court.

Over the past 20 years I have had hundreds of calls from people asking my advice on whether to talk to police. In those 20 years I have never once advised a client to give a voluntary statement to police. I hope in this article to explain why.

The situation in Australia

The Australia Constitution contains no right to avoid self incrimination or to refuse to give a statement to police. Unlike the situation in America where the constitution contains the fifth amendment which provides: no person “shall be compelled in any criminal case to be a witness against himself …”

The right to silence and self incrimination under the common law is however well established throughout Australia.

The High Court of Australia stated that right was;

A person may refuse to answer any question, or to produce any document or thing, if to do so may tend to bring him into the peril and possibility of being convicted as a criminal

In another Case Justice Murphy of the High Court put that right as follows;

It is based on the desire to protect personal freedom and human dignity. These social values justify the impediment the privilege presents to judicial or other investigation. It protects the innocent as well as the guilty from the indignity and invasion of privacy which occurs in compulsory self-incrimination; it is society’s acceptance of the inviolability of the human personality

The common law right of silence applies to both people who have actually committed an offence and those that are merely suspected of committing an offence.

The situation in Queensland

The right to silence is contained in Queensland common law and is protected in legislation. Section 397 of the Police Powers and Responsibilities Act 2000 provides that;

Right to remain silent not affected

Nothing in this chapter affects the right of a person to refuse to answer questions, unless required to answer the questions by or under an Act

With limited exceptions you only need to go with the police station for an interview if you are formally arrested for an offence or formally detained for questioning about an indictable offence.

Before Questioning a suspect the police in Queensland must caution that suspect that they have a right not to answer any questions and to obtain legal advice.

It is also critical to understand that if you chose not to speak to the police and are subsequently charged with a crime then the court or a jury cannot take into account you chose to remain silent, remaining silent is not evidence of guilt and no inference can be drawn that a person remaining silent is hiding something. In Petty v R (1991) 173 CLR 95 the High Court confirmed that no adverse inferences, of any sort, could be drawn from the accused's refusal to answer questions. The High Court went on to say that;

Although ordinary experience allows that an inference may be drawn to the effect that an explanation is false simply because it was not given when an earlier opportunity arose, that reasoning process has no place in a criminal trial. It is fundamental to our system of criminal justice that it is for the prosecution to establish guilt beyond reasonable doubt. ... it is never for the accused person to prove his innocence ... Therein lies an important aspect of the right to silence, which right also encompasses the privilege against incrimination.

The right to silence also extends to a court case, a defendant cannot be compelled nor is required to give evidence at their trial. It is critical to understand that the crown must prove a person is guilty of an offence beyond a reasonable doubt, it is not up to the accused to prove they are innocent.

As can be seen the right to silence is one that is both well established in Queensland and a powerful right that should be exercised by almost every person that the police wish to speak to. The Queensland Government makes it clear on their website you have the right to remain silent. It is however in our experience one that most people do not take advantage of, why is that?

Why do people not remain silent?

In our experience most people want to actively assist the police. They have been told since a child that the police can help them if they get into trouble. The police are also very good at making it sound like they are just there to assist people and maybe if a person can explain their situation then they perhaps won’t be charged. This is not how the police work in practice.

If you are being asked to give an interview to the police then in our experience it is because of two reasons. The first is the police don’t have enough evidence to you and need them to admit their guilty, once that is done they are charged. Alternatively, the police always intended to charge you and just want you to give a confession to make the police job easier.

Also remember the police are experts at questioning, for most people this will be their first experience, they will be stressed, nervous and out of their depth, not the police they do this all the time and are taught the most effective methods of questioning. If you think you can fool the police during an interview then you will find you are wrong.

I’m not guilty what’s the harm in telling the police my side?

The police before questioning a person will investigate the matter, gather evidence, speak to other witnesses. They will know the case and all the evidence in great detail before speaking to a suspect. The suspect however will know very little and the police usually won’t tell them very much about the evidence they have. The police also have often decided that they believe the suspect is guilty and will be actively trying to get the suspect to confess certain things to make the charging process easier. Remember the police are talking to a person because they are either a suspect or possible suspect to a crime.

A person can also innocently admit a fact that they don’t know is a breach of the law or that the admissions they won’t be able to claim a certain type of defence if the matter went to trial. People under stress can also make mistakes, they can inadvertently admit something that isn’t true. We often get charges withdrawn because the evidence if not strong enough, it happens every day however if you have made admissions to the police getting charges withdrawn is almost impossible.

Remember also that people lie, a person may have lied to police that a suspect did something, the police may believe that lie and not be objective in their questioning. Perhaps a witness is wrong about something, you may tell the police something and a witness might innocently but wrongly tell them something different, you might come off as a liar even though you told the absolute truth.

James Duane, an American Law professor gave an excellent speech about why you should never talk to police. Whilst the American law is different the basic concepts are not. Professor Duane argues that even if you haven't committed a crime, it's dangerous to tell the police any information. You might make mistakes when explaining where you were at the time of a crime that the police interpret as lies; the officer talking to you could misremember what you say much later; and your statements to police could, in combination with faulty eyewitness accounts, evidence that can be interpreted different ways and sheer bad luck lead to you being convicted of a serious crime. His speech can be viewed on YouTube.

But I will look guilty if I don’t talk to police

Quite frankly who cares if you look guilty, not talking to police protects your rights the most, better to look guilty by not talking to police then actually be charged by police after you talk to them. In our experience if the police are going to formally interview you then they have likely already made up their mind to charge you, why help them with that process? You are not going to talk you way out of a charge if the police have already decided to charge you. The police aren’t there to be fair to you, this is critical to understand, your future is at risk, your job is at risk, your liberty is at risk.

Remember if a police officer or lawyer or judge was ever accused of a crime you can be absolutely sure they would not talk to the police and they would be telling their family and friends the same thing if they were charged.

I’m guilty why not just tell the police everything so I get a lighter sentence?

While it’s true that co-operating with police can often be a factor the court can take into account when setting a penalty in our view its not a major factor and the risk of getting charged with extra offences because an accused made admissions to charges the police wouldn’t be able to charge without that admission is, without legal advice to the contrary, not worth giving up the right to silence. If you are truly guilty and are charged then you can plead guilty before a court and that guilty plea is one of the most important factors the court will take into account.

You don’t need to be in a hurry to admit your guilt.

How do I tell police I want say anything?

You should make it clear from the start that you will not be answering questions and wish to speak to a lawyer. If the police continue to question you then you can remain silent and merely point out that you wish to speak to a lawyer. Do not answer some questions and not others, apart from basic details such as name and address then you should not be answering any questions without legal advice.

The police can detain a person for up to 8 hours before they need to charge them or release them. The police can question a person for up to 4 hours within that 8 hours.

Summary of your right to silence

1. Understanding Your Right to Silence

Unlike the United States, where the constitution's Fifth Amendment explicitly protects the right against self-incrimination, Australia does not have such a constitutional provision. However, under common law, the right to silence and protection against self-incrimination are firmly established throughout Australia, including Queensland.

2. Your Right to Silence in Queensland

Section 397 of the Police Powers and Responsibilities Act 2000 clearly affirms your right to remain silent during police questioning. This means you are not obligated to answer any questions unless required to do so by specific legislation.

3. Seeking Legal Advice

Upon being questioned by the police, immediately exercise your right to remain silent and request to speak with a qualified criminal defence lawyer. The police are skilled at questioning, and without proper legal representation, you may inadvertently harm your defence.

4. The Power of Remaining Silent

When questioned by the police, it is crucial to understand that remaining silent does not imply guilt. You cannot be compelled to prove your innocence, and no adverse inferences can be drawn from your refusal to answer questions. The burden of proof rests solely on the prosecution.

5. The Risk of Talking to the Police

Speaking to the police without legal advice can be risky, even if you believe you are innocent. The police might already have formed an opinion about your guilt and seek a confession to bolster their case. Innocent admissions or mistakes during questioning could be used against you later.

6. Protecting Your Rights

Remember that the police are not there to be fair to you; their primary objective is to gather evidence for potential charges. Therefore, exercising your right to silence is crucial in protecting your future, job, and liberty.

7. You Have the Right to Legal Counsel

Don't be swayed by the fear of looking guilty. You are entitled to legal representation, and even if you are guilty, it is often best to remain silent until you have consulted with your lawyer.

8. Cooperating with the Police

While cooperation can be a factor in sentencing, the potential risks of giving admissions or additional evidence to the police often outweigh the benefits.

9. Seek Legal Advice Before Talking to Police

If the police want to question you, invoke your right to remain silent and request to speak to a lawyer immediately. Engaging legal counsel can significantly impact the outcome of your case and protect your rights against the formidable resources of the state.

Disclaimer

Obviously this is just general guidance and not specific legal advice and this guidance only applies in Queensland. There are occasions where you must accompany the police to a station, for example for a drug or drink driving test if you are suspected of a DUI, also you are required to give basic details like your name and address if asked by police.

There might be the very unusual case where talking to police is the right thing to do. That is why we say you need to talk to a lawyer before talking to the police.

Conclusion

The right to silence is a powerful defence mechanism that has evolved over centuries to protect individuals from self-incrimination. In Queensland, you have the right to remain silent during police questioning, and this right should be exercised wisely to safeguard your legal interests. Always remember that seeking legal advice before talking to the police is paramount to ensuring your rights are protected and securing the best possible outcome for your case.

One of the most talented and admired American judges was Robert Jackson. He was the chief American prosecutor at the Nuremburg trials of Nazi war criminals, was the US Attorney General and later a Justice of the US Supreme Court, when it came to talking to police he stated that;

"Any lawyer worth his salt will tell the suspect, in no uncertain terms, to make no statement to the police under any circumstances"

The law provides you with powerful right, you should use it.

Some of our other useful blog posts

• Why You Should Never Represent Yourself in Court
• Mitigation: How the court sets a sentence in Queensland
• What is an arrest warrant?
• What do I do when I have missed my court date!
• Do you have to give the police access to your phone?
• Contravene direction or requirement
• Should I hire a Criminal Defence Lawyer?

Get in touch with us

If you want to engage us or just need further no obligation information or advice then you can either;

1.       Use our contact form and we will contact you by email or phone at a time that suits you

2.       Call us on 1300 952 255 seven days a week, 7am to 7pm

3.       Book a time for us to call you

4.       Email the firms founder This email address is being protected from spambots. You need JavaScript enabled to view it.

5.       Send us a message on Facebook Messenger

Stealing items from a shop (shoplifting) is one of the more common charges Queensland magistrate courts deal with on a day to day basis. There is no defined group that commit this charge, more than other types of criminal charges it spans all genders, races and socio-economic groups.

As part of our ongoing quick guide series we are looking at various criminal charges in Queensland in more detail. Today we are looking at assault occasioning bodily harm mostly abbreviated to AOBH.

Whenever you are charged with a criminal offence there is usually the scope to try and negotiate those charges with the police prosecutor or the Office of the Department of Public Prosecutions (“DPP”). This is known as case conferencing in Queensland.

Negotiating with the Prosecution is a subtle art. This article intends to outline the process and some of the factors involved with negotiating with the prosecutors.

What is the Purpose of Negotiating?

There are three main aims with negotiating:

1. To have the prosecution withdraw/drop a charge,
2. To have the prosecution ‘downgrade’ a charge to a less serious one,
3. To have the prosecution amend the alleged facts to make them more favourable.

Who does the Case Conferencing?

Negotiations with the police prosecution unit or DPP are almost exclusively done by lawyers. You can of course self-represent yourself and negotiate with the prosecutor and prosecutors are always willing to listen to unrepresented people, however, most people simply don't have the skills to properly negotiate with the prosecutor as it is simply not skill that they have learnt or indeed would want or need to learn.

Negotiations are an informal process referred to amongst lawyers and prosecutors as case conferencing. It is not specified how case conferencing or negotiations need to take place, however, typically it is either face to face, over the phone or where the lawyer sends written submissions to the prosecutor to consider.

What would typically happen is if the charge is reduced or withdrawn than on the next court date or on the first date if the first court mention date has not occurred yet the prosecutor would seek to amend the current charges to that reduced charge or if they are withdrawing the charge they will offer no evidence in regards to the charge and the court will dismiss the charge and the client is free to go without any punishment.

What are the Usual Grounds for Challenging a Charge?

The prosecutors’ guidelines tell them there are two grounds under which they may withdraw or downgrade a charge:

1. Insufficiency of evidence.
2. Public interest.

Insufficiency of evidence

This ground is concerned with whether the prosecution have enough evidence to prove the charge, or, whether there is evidence of a clear defence.

Whether the charge can be proved is in reference to the legal ‘elements’ of the offence. Each criminal or traffic offence has certain parts or elements to it that must be proved to legally establish the charge. For example, to establish a charge of drink driving, the police would need to prove:

• The defendant,
• While over the general alcohol limit,
• Drove a motor vehicle,
• On a public road.

If any one of the above elements could not be proved, then the charge would fail. An example of a submission that might succeed would be if a person was caught drink driving on private property, for example, doing donuts in his own paddock after a few beers. The obvious submission would be the defendant did not break the law because he was not on a public road.

Occasionally, the evidence for a defence, even on the police version of events, is so strong the defence would likely succeed at trial. A recent accepted submission of mine was as follows: A landlord aggressively came to the client’s front door, demanding rent money. The client’s boyfriend went outside the unit to try and deescalate the situation. Unfortunately, he was attacked by the landlord, then the landlord tried to force her way into the unit. As she was reaching into the unit her hand grabbed at my client’s face, and the aggressor’s finger incidentally went into my client’s mouth. My client then bit her finger. Our submission on self-defence was successful.

Another way a ‘insufficiency of evidence’ submission might succeed is if, although all the legal elements are there, some or all of the evidence is just too weak or inadmissible. An example of this might be a person is charged with breaching a domestic violence order. The allegation was simply that, sometime in the evening one night, the person protected by the order, who was at home, heard someone outside his house shout out ‘scum’ or something similar. He thought it sounded like the person restrained by the order. In that situation, we argued the evidence was just too weak to prove the charge beyond reasonable doubt.

Public Interest

The public interest has many factors. Some are listed below.

• Seriousness or triviality of the alleged offence,
• existence of any mitigating or aggravating circumstances,
• the youth age, physical or mental health or special infirmity of the alleged offender or a necessary witness,
• the alleged offender’s antecedents and background,
• whether or not the prosecution would be perceived as counterproductive to the interests of justice,
• the prevalence of the alleged offence,
• whether or not the alleged offence is of minimal public concern,
• the attitude of the victim of the alleged offence to a prosecution,
• likely outcome in the event of a conviction considering the options available to the court,
• the effect on public order and morale.

The more serious the offence the more likely the public interest will fall on a prosecution.

In What Circumstances are Negotiations Unlikely to Succeed?

There will be times when negotiations are unlikely to be fruitful. For example, it is a very rare day that the prosecution will drop a single charge of breaching a domestic violence order. Likewise, it is rare that the prosecution will drop a charge of drink driving or drug driving. Usually, the prosecutors will be more open to negotiating if it does not mean dropping all charges. Sometimes that will be the right result. But more often, downgrading charges, or dropping only some charges, or amending facts, are more likely to get a result.

We will give frank advice if we think a submission is unlikely to succeed, but it will ultimately be the client who makes the final decision as to whether to proceed with a submission or not.

When Would I Negotiate?

There are two parts to this answer. The first part is if there is, if a chance of a charge being dropped or downgraded. The second is if the facts can be made substantially more favourable.

The likelihood of a charge being dropped on downgraded depends on the individual circumstances of the case. There is no ‘one size fits all’ advice. Refer to what I have written above to get a sense of the relevant considerations.

Whether alleged facts of the offence should be negotiated will often depend on the evidence. For example, we had a recent case where the defendant was charged with causing grievous bodily harm. The facts originally said he pushed a woman, unprovoked, with great force over the top of a small gate and down a small staircase. This obviously sounds very bad. This version, however, was based on what one witness said, and the witness had some other questionable things included in her statement. Other witnesses, however, told a more balanced version of events: that the client and complainant were arguing at the top of the small staircase, the complainant swung her hand towards the client, and the client grabbed her hand and shoved it away in such a manner than she spun around and stumbled down the stairs. In both cases her injuries were severe, but in the version we got the prosecution to agree to, our client’s moral culpability was significantly lessened. Indeed, in my view that change in facts kept the client out of jail.

What Happens if the Submission is Rejected?

If the prosecution rejects the submission, then the defendant has two choices: to plead guilty to the charge as it is, or take the matter to a trial. Sometimes a trial listing can put pressure on the prosecution to reconsider a submission. Often, if we think it has merit, we will press a submission more than once as the case progresses.

Examples of Negotiating with the Prosecutor

We will use two examples. One is an assault occasioning bodily harm charge, the other is a trafficking in drugs charge.

Example 1

So let's first take the first example of assault occasioning bodily harm charge (“AOBH”). AOBH is a charge that can often lead to a prison sentence. The prosecutor must prove that;

• The assault took place;
• The assault was unlawful; and
• That the injury amounted to bodily harm.

Bodily harm means any injury that interferes with the complainant’s health or comfort.

Case conferencing often occurs once the police prosecutors brief (or most commonly known as the QP9) is provided to you or your lawyer. The QP9 will set out what the police prosecutor intends to tell the court happened. This includes the details of the alleged assault, what background or build up to the alleged assault occurred and the alleged injury to the complainant.

The charge of AOBH can be heard in the Magistrates court only if the defendant agrees, if they do not agree the charge must be heard in the District Court. The charge carries a maximum penalty of 7 years imprisonment or 10 years if the assault took place in company with another person or if the defendant was armed or pretended to be armed with a weapon.

When looking at negotiating with the prosecutor we would in most cases take a detailed statement from the client, see if any CCTV exists, check social media to see if the complainant has posted anything about the alleged assault, check medical records of the complainant and take statements from any person who may have seen the alleged assault. We would then see what, if any, negotiations with the prosecutor could take place.

Some examples of successful case conferencing we have achieved for assault matters are;

• Had the AOBH charge withdrawn as our client was acting in their own self-defence after being confronted and threatened by the complainant in a pub.

• Had the AOBH charge withdrawn as our client was protecting his partner after she was attacked by the complainant.

• Convinced the prosecutor to reduce the charge to common assault as we were able to show the injuries did not fit the definition of AOBH. Reducing the charge to common assault meant the client was punished with a fine only and no conviction was recorded.

• Having the prosecutor withdraw a charge of serious assault after we were able to show our client was provoked by a number of racial remarks were yelled at him over an extended period.

• Being able to convince the prosecutor to withdraw the charge after convincing them that the complainant’s statement was unreliable and he was grossly intoxicated at the time of the offence.

• Having the AOBH charge withdrawn by the prosecutor after we showed that the CCTV footage was unclear and that they could not be satisfied that it was our client that assaulted the complainant and that other person’s present could have inflicted the injury.

Example 2

Lets take a look at another example, that is trafficking in drugs. This is a very serious charge and will almost certainly lead to a person serving time in prison if convicted. Trafficking is where a person carries on the business of selling or supplying drugs. The critical question is whether the defendant was in the business of trafficking drugs and this usually means a course of conduct engaged over a period of time for commercial reward. However even a single supply or sale could technically be charged as trafficking and the reward does not have to be money or might be for instance a payment of drugs for the defendant’s personal use. The prosecutor might build their case on informants, telephone intercepts, downloads of messages or surveillance of the defendant.

Negotiating this charge usually involves getting a full brief of evidence and going through that brief carefully to look to see if we can convince the prosecutor that;

• It was not our client that was the one trafficking the drugs

• That if our client sold drugs it was not trafficking and the charge should be reduced to supplying drugs

• That the evidence is not sufficient to convince a jury our client is guilty and the charge should be discontinued.

Some examples of successful case conferencing we have achieved for drug charges are;

• Had the prosecutor reduce a trafficking charge to supplying dangerous drugs so that the client served no time in prison.

• Convinced the police prosecutor to reduce supplying dangerous drugs to just possession of small amount of drugs for a 18 year old client.

• After negotiation with the prosecutor they agreed to withdraw a charge of trafficking as we pointed out they didn’t have enough evidence to successfully prosecute our client

Summary

Always ensure you engage experienced criminal lawyers if you are charged with a crime as we have found negotiating with the prosecutor after the client first tried by themselves and failed or less experienced lawyers were engaged and they had a failed negotiation can be difficult to correct.

A submission is a useful tool in a defence lawyer’s arsenal and can be used to improve a client’s legal position if used effectively. In this area, experience and expert legal advice matter.

Why should I engage Clarity Law?

We care about getting the right outcome for clients and helping them through one of the most difficult times in their lives.

In the face of a criminal law charge, selecting the right legal representation is paramount, and Clarity Law offers a unique blend of proficiency and empathy that sets us apart. Our firm is dedicated to providing clarity in the often complex world of criminal law. We believe that every client deserves a clear understanding of their rights and the legal process they're navigating.

Our experienced team of lawyers approaches each case with a commitment to open communication, ensuring you're informed every step of the way. With a proven track record of securing favourable outcomes, we have the expertise to navigate even the most intricate legal challenges.

At Clarity Law, we strive not only to be your staunch advocates but also to provide a supportive, understanding environment during this trying time. Choosing Clarity Law means choosing a team that will tirelessly work to protect your rights and pursue the best possible outcome for your case.

You can read more about our founder, Steven Brough’s, journey to starting Clarity Law by clicking here.

How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you

2. Call us on 1300 952 255 seven days a week, 7am to 7pm

3. Click here to select a time for us to have a free 15 minute telephone conference with you

4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

5. Send us a message on Facebook Messenger

6. Click the help button at the bottom right and leave us a message

We are a no pressure law firm, we are happy to provide free initial information to assist you. If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost. All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

Other articles that may be of interest

• Your right to silence

• Negotiating with a Prosecutor in Queensland

• Court character references

• The difference between a conviction and non-conviction

• Declining a police interview

• Why You Should Never Represent Yourself in Court

• Mitigation: How the court sets a sentence in Queensland

• What is an arrest warrant?

• What do I do when I have missed my court date!

• Do you have to give the police access to your phone?

• Contravene direction or requirement

• Should I hire a Criminal Defence Lawyer?

• Police questioning and your right to silence in Queensland

• Drink Driving Lawyers Brisbane

• Drink Driving Lawyers Gold Coast

• Drink Driving Lawyers Sunshine Coast

• Drink Driving Lawyer Ipswich

• Drink Driving Lawyer Beenleigh

• Drink Driving Lawyer Caboolture

• Drink Driving Lawyer Strathpine

A police court brief or more commonly called a QP9 (Queensland Police Form 9) is a document prepared by the Queensland Police Prosecutions when someone is charged with an offence. The QP9 lists the exact charge with a brief description of the facts which the Police are alleging against you. Depending on what Court your matter is to be heard in and how busy the Police Prosecutions are the document will be provided prior to your Court date or at Court.

It is essential to carefully go over the document prior to entering a plea before the Court, as you are not only pleading guilty to the charge but also to all the facts and circumstances surrounding the charge that the Police allege in the QP9, this may include the way you acted towards the Police, things that you said or admitted or information recorded by the Police that you believe is incorrect or inaccurate etc. This should be remembered when being charged as harsher penalties or less leniency can apply if the document states that you were rude, unruly, unhelpful etc. Also being aggressive when being charged can easily result in a further charge of resisting arrest or obstructing or assaulting police.

Obtaining the QP9 or having a Lawyer obtain the document for you and having a thorough look over the documents before you enter your plea is essential so that if there is any discrepancies they are looked into.

In Court the Police will read out the charge and a brief rundown of their version of events from the QP9. It is then that your Lawyer, or yourself if you are self-represented, can have your say and voice your version of events if they differ to the QP9. If there are significant factors from the QP9 in which you disagree with it may be possible to draft submissions and put them forward to the Police Prosecutions asking them to reconsider the facts alleged or the charge.   A Lawyer can advise you on, after going over the QP9, the possibility of making submissions and if so what the likely chances of the Prosecution accepting them would be.  It is important to note if what you say is materially different to what the police say in the QP9 then the Magistrate will need to list the matter for a trial or a disputed facts hearing.

In more serious matters, if necessary, it is possible to request a full brief of evidence at the first Court appearance. This document is like a QP9 but much more detailed and will include any witness statements, CCTV or audio footage etc. The Police can take up to 6-8 weeks to produce this material.

Some examples of our success in getting the Police Prosecutions to lower or dismiss charges including:

1. Our client had been charged with common assault. Upon receiving and reviewing the QP9 we were able to put submissions to the Police Prosecutions and were successful in having the charge downgraded to public nuisance.

2. Our client was charged with stealing as a servant in the sum in excess of $3,000. Upon review of the QP9 and obtaining CCTV footage we were able to have the Police reduce the alleged amount of money stolen to $750, helping the client to avoid jail time.

3. Our client was charged with sexual assault. This was successfully downgraded to common assault after submissions to the Police Prosecutions unit.

4. Our client was charged with supply of a dangerous drug. After analysing and conferring with the Police Prosecutions we were able to have the charge downgraded to possession of a dangerous drug, which is a much less serious charge.

5. Our client was charged with theft, after reviewing the CCTV footage we were able to show the client had paid for the goods and the charge was dropped.

6. Our client was charged with Dangerous Driving.  After reviewing the dash camera footage we were able to get the charge reduced to careless driving.

Here at Clarity Law we represent clients in Courts across South East Queensland every day, it is this experience, and our expertise that allows us to get the absolute best result for clients by exploring all aspects of their charges and ensuring they do not plead guilty to something they do not need to.  We also offer the most competitive prices in Queensland that are all fixed fee so there are no nasty surprises when you receive your invoice.  If you want to engage us or just need further information or advice then you can either;

For more information visit our webpage or call 1300 952 255 7am – 7pm seven days a week

Disclaimer – this article contains general advice only and is not intended to be a substitute for legal advice.  Its represents information about the law in Queensland and since publishing the law or the interpretation of that law may have changed.

Supplying a Schedule 1 Drug in Queensland

Drug laws in Queensland classify drugs into different schedules.  Schedule 1 drugs are the drugs the Government classify as potentially the most harmful, schedule 2 drugs are comparatively less harmful.

What many people don’t understand is that the supply of even a small amount of schedule 1 drugs, even for no money, can have serious consequences for a Defendant.

This article we will look at the drug charge of supplying a schedule 1 drug.

How are drugs classified in Queensland?

Schedule 1 drugs include

• Steroids
• Cocaine
• Heroin
• Meth
•  LSD

Schedule 2 drugs include;

• Cannabis
• Methadone
• Ketamine

Which court will hear the supply charge?

While the minor supply of schedule 2 drugs, if the police do not allege a commercial purpose, can be dealt with in the Magistrates Court the supply of any amount of a schedule 1 drug must be dealt with in the District Court.

What is the definition of supply?

It is not necessary that the person who supplied a schedule 1 drug to have made money on the deal.  Many of our clients have simply supplied drugs to friends for free or for the repayment of small debts.  The definition of supply under the Drugs Misuse Act is very wide.  In one particular case our client supplied what he thought were ecstasy tablets but they turned out to contain a mixture of legal chemicals including caffeine.  In that case the fact the client supplied the drugs on the basis he thought they were ecstasy was enough to satisfy the definition of supply of a schedule 1 drug.

The word “supply” is broadly defined and means;

1. to give, distribute, sell, administer, transport or supply
2. any offer to do any of those acts and
3. doing or offering to do any act preparatory to, in furtherance of or for the purpose of any those acts.

Some examples of supplying drugs include;

1. Offering to supply a drug or organising to get drugs even if no deal takes place
2. Supply a substance that you say is a drug or you believe is a drug even though its not
3. Buying drugs for a group of friends by pooling money together to buy in bulk
4. Offering or actually introducing someone to a drug dealer

Will I have to go to prison for supplying a schedule 1 drug?

We have appeared for many clients charged with this type of offence. Generally if this was the first supply of drugs a person undertook and they have no criminal history (and the drugs were not supplied to a person under 16 nor a mentally impaired person) a Defendant could be looking at probation for a guilty plea. 

The requirements for probation are generally;

• report to an authorised corrective services officer (“probation officer) when they require it (generally at least initially weekly)
• must not commit another offence
• must take part in counselling and programs as directed
• not allowed to leave the state without permission
• must notify an authorised officer of any change of address or employment
• requirements to stay clean and undergo drug tests

The court could possibly also add a requirement for community service to the probation order. 

If the court imposes a probation order the Court has the discretion whether or not to record a conviction.  In all cases we have conducted for similar charges we have had no conviction recorded.  The lack of a conviction being recorded means the clients are generally not prevented from travelling overseas and their employment prospects are not restricted. 

The police want to talk to me about an allegation of supplying drugs, what do I do?

Do not talk to police without getting immediate advice from an experienced criminal lawyer. You have the right not to give a statement to police and in almost all circumstances this is the best thing to do. We have an article on the right to silence in Queensland

How do I find out more information?

We have a full guide to supplying a dangerous drug in Queensland.

Why should I engage Clarity Law?

Quite frankly we care about getting the right outcome for our clients and helping them through one of the most difficult times in their lives.

In the face of a criminal law charge, selecting the right legal representation is paramount, and Clarity Law offers a unique blend of proficiency and empathy that sets us apart. Our firm is dedicated to providing clarity in the often complex world of criminal law. We believe that every client deserves a clear understanding of their rights and the legal process they're navigating.

Our experienced team of lawyers approaches each case with a commitment to open communication, ensuring you're informed every step of the way. With a proven track record of securing favourable outcomes, we have the expertise to navigate even the most intricate legal challenges.

At Clarity Law, we strive not only to be your staunch advocates but also to provide a supportive, understanding environment during this trying time. Choosing Clarity Law means choosing a team that will tirelessly work to protect your rights and pursue the best possible outcome for your case.

You can read more about our founder, Steven Brough’s, journey to starting Clarity Law by clicking here.

How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you

2. Call us on 1300 952 255 seven days a week, 7am to 7pm

3. Click here to select a time for us to have a free 15 minute telephone conference with you

4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

5. Send us a message on Facebook Messenger

6. Click the help button at the bottom right and leave us a message

We are a no pressure law firm, we are happy to provide free initial information to assist you. If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost. All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

Other articles that may be of interest

• Negotiating with a Prosecutor in Queensland

• Court character references

• The difference between a conviction and non-conviction

• Declining a police interview

• Why You Should Never Represent Yourself in Court

• Mitigation: How the court sets a sentence in Queensland

• What is an arrest warrant?

• What do I do when I have missed my court date!

• Do you have to give the police access to your phone?

• Contravene direction or requirement

• Should I hire a Criminal Defence Lawyer?

• Police questioning and your right to silence in Queensland

• Leaving the scene of an accident

• Drink Driving lawyer

• Drug Supply Lawyer

• Drug Charges

Stealing from work or more correctly stealing as a servant means stealing money or goods through your employment.  It is an extremely serious charge and is not dealt with lightly by the courts.  

Generally we have found these charges involve the taking of cash directly from the till or taking of stock. The charges with higher amounts usually involved the changing of invoices, the transfer of money from the business bank account or manipulation of the EFTPOS machine.

What does the law say?

The law on stealing as an employee is the following:

                Stealing by clerks and servants

If the offender is a clerk or servant, and the thing stolen is the property of the offender’s employer, or came into the possession of the offender on account of the offender’s employer, the offender is liable to imprisonment for 10 years.

What is a servant?

The law refers to clerks and servants. They define this to mean:

any person employed for any purpose as or in the capacity of a clerk or servant, or as a collector of money, although temporarily only, or although employed also by other persons than the person alleged to be the person’s employer, or although employed to pay as well as receive money, and any person employed as or in the capacity of a commission agent for the collection or disbursement of money, or in any similar capacity, although the person has no authority from the person’s employer to receive money or other property on the employer’s account.

Really its just an old school way of saying employee.

What court will hear this charge?

In most cases the Magistrates Court will hear and determine the charge.

If the amount stolen exceeds $30,000 then in some cases the District Court will hear the charge. Whatever the cases the charge will always start out in the Magistrates Court.

What does the prosecutor have to prove?

The prosecutor would need to prove all of the following;

1. The defendant was an employee, clerk or servant

2. The item taken was capable of being stolen

3. The item taken was owned by the employer

4. The item was taken without the consent of the employer

5. The item was taken with fraudulent intent

For more information see our stealing webpage

What defences exist to stealing from work?

A number of possible defences exists including;

1. There was not fraudulent intent in talking the item

2. The person taking the things was not a servant or clerk

3. Mistake of fact

4. The Employer gave consent to take the item

Could the charges be reduced or withdrawn?

It is possible to negotiate with the prosecutor over the charges. This is known as case conferencing and usually occurs once the police prosecutors brief (known as the QP9) is provided to the defendant or their lawyer.

The QP9 will set out what the police prosecutor intends to tell the court happened. This includes the details of the alleged stealing, the amount involved or goods taken and the general circumstances.

It takes an experienced criminal lawyer to advise on the possibility of negotiating the charge with the prosecutor.

What is the likely penalty for stealing from my employer?

The maximum penalty is 10 years if heard in the District Court or 3 years if heard in the Magistrates Court.

Statistics from the courts show that the charge results in imprisonment in 55% of cases. This doesn’t mean all of those people served time in prison as the court can allow a person not to serve time in prison by wholly suspending the sentence or granting an immediate parole release.

Check out our article on sentences of imprisonment which explains more.

In any circumstances where money or goods are obtained deceitfully or fraudulently, whether from an employer, business or an individual client the charge is dealt with harshly and can easily result in a person serving jail time and having a conviction recorded. Stealing as a servant has always tended to result in harsh sentences due to the opportunities for concealment it provides and the betrayal of trust it involves.  It will always be more harshly punished than stealing.

When sentencing you the Magistrate or Judge will look at the following to determine the penalty:

• facts and circumstances including the amount stolen

• whether the money has been paid back or goods returned

• the time span over which the stealing was carried out

• how sophisticated the offending was

• the defendants criminal history

• the personal circumstances i.e. financial hardship, mental health issues, remorse etc.

An example of the severity of the nature of this charge can be demonstrated in a Queensland case, R v Jenkins, wherein a man was found guilty of 3 separate charges of theft of less than a total of $3,000 in cash and liquor from his employment over a period of less than 3 months.

His charges were comprised of the following:

Charge 1 - stealing the sum of $170 from his employer

Charge 2 -  stealing the sum of $1,995 from his employer

Charge 3 -  dishonestly applying to his own use a quantity of liquor belonging to his employer to the value of $765.60 (incl GST).

The total amount being $2,930.60.

The matter was dealt with in the Brisbane District Court and the sentence handed down was 9 months imprisonment for each offence, to be served concurrently and suspended after 3 months (meaning after serving 3 months actual jail time Jenkins was released).  In that case the court said

Stealing as a servant has always tended to attract heavier sentences because of the opportunities for concealment it provides and the betrayal of trust it involves

If you are charged with stealing as a servant there are multiple steps we can take to help ensure you receive the best possible outcome. Getting legal advice early however is the key.

See our article on How the court sets a sentence in Queensland for more information.

Can no conviction be recorded even when I stole from work?

When deciding whether to record a conviction the court looks at the following;

• The nature of the offence
• The offenders character and age
• The impact on the offenders
  • Economic or social wellbeing; or
  • Changes of finding employment

In R v Bryant the stated in regards to regarding a conviction for a stealing as a servant charge;

It is the recording of the conviction that is the applicant's real concern because it may put her at a disadvantage in applying for future employment of this or other kinds. But I consider that prospective employers are entitled to know about such matters and to make up their own minds about the risks involved in employing persons who have committed offences of this kind. It is no part of or function of judges to conceal such information from them. 

As you can see getting no conviction is tough, not impossible but very difficult.  For more information on what the recording of a conviction means click here

FAQ’s

My employer wants to talk to me about money missing

An admission made to an employer about the nature of a potential crime could be used in a criminal court.

I keep getting calls from co-workers asking what is happening

The police or employer will sometimes use pretext calls trying to get someone to admit to an offence. You should never discuss an alleged offence with any co-worker.

Will I lose my job for stealing?

You will need to speak to an employment lawyer urgently to understand your rights to retain your employment.

My employer has said pay the money back and that’s the end

Paying the money back or returning the goods does not stop the employer from then going to the police to report the alleged stealing.

The police tuned up at my house with a search warrant

The police will often use search warrants to search an accused house to search for evidence especially if it is physical items that is alleged to have been taken.

A conviction will stop me from getting another job

The courts often take the view unless there is good reason then a conviction should be recorded. Only an experienced criminal defence will be able to tell you if it’s possible for no conviction to be recorded.

See our article on recording of a conviction.

The police have contacted me and want to talk about an alleged theft from work?

You should never talk to police without getting legal advice.

For more information see our articles on Declining a police interview and Police questioning and your right to silence in Queensland

Why should I engage Clarity Law?

Quite frankly we care about getting the right outcome for our clients and helping them through one of the most difficult times in their lives.

In the face of a criminal law charge, selecting the right legal representation is paramount, and Clarity Law offers a unique blend of proficiency and empathy that sets us apart. Our firm is dedicated to providing clarity in the often complex world of criminal law. We believe that every client deserves a clear understanding of their rights and the legal process they're navigating.

Our experienced team of lawyers approaches each case with a commitment to open communication, ensuring you're informed every step of the way. With a proven track record of securing favourable outcomes, we have the expertise to navigate even the most intricate legal challenges.

At Clarity Law, we strive not only to be your staunch advocates but also to provide a supportive, understanding environment during this trying time. Choosing Clarity Law means choosing a team that will tirelessly work to protect your rights and pursue the best possible outcome for your case.

You can read more about our founder, Steven Brough’s, journey to starting Clarity Law by clicking here.

What courts do you cover?

We cover all courts in South East Queensland from Southport to Gympie and out to Toowoomba.

We are also a criminal law firm, we don’t do any other type of law so we are in the courts every day helping people with charges like this.

Just some of the courts we appear in for stealing are;

Beaudesert Magistrates Court

Beenleigh Magistrates Court

Brisbane Magistrates Court

Caloundra Magistrates Court

Caboolture Magistrates Court

Cleveland Magistrates Court

Coolangatta Magistrates Court

Gatton Magistrates Court

Gympie Magistrates Court

Holland Park Magistrates Court

Ipswich Magistrates Court

Maroochydore Magistrates Court

Nambour Magistrates Court

Noosa Magistrates Court

Pine Rivers Magistrates Court

Richlands Magistrates Court

Redcliffe Magistrates Court

Sandgate Magistrates Court

Southport Magistrates Court

Toowoomba Magistrates Court

Wynnum Magistrates Court

What do you charge?

We charge a flat upfront fee for our services that means no hidden charges or unexpected bills. 

Our prices include;

• full preparation for court including checking for defences and devising strategy to minimise penalty
• contacting the police prosecution unit to obtain the QP9 and relevant documents
• drafting submissions for the court
• all telephone calls, emails and meetings with you
• detailed information to you on the likely penalty and information on what will happen at court and afterwards
• appearing in the court with you to conduct your guilty plea

To see what we will for a guilty plea on a stealing charge click here or contact us for a quote.

How do I get more information or engage you to act for me? 

If you want to engage us or just need further information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you

2. Call us on 1300 952 255 seven days a week, 7am to 7pm

3. Click here to select a time for us to have a free 15 minute telephone conference with you

4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

5. Send us a message on Facebook Messenger

6. Click the help button at the bottom right and leave us a message

We are a no pressure law firm, we are happy to provide free initial information to assist you. If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost. All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

Other articles that may be of interest

• Your right to silence

• Negotiating with a Prosecutor in Queensland

• Court character references

• The difference between a conviction and non-conviction

• Declining a police interview

• Why You Should Never Represent Yourself in Court

• Mitigation: How the court sets a sentence in Queensland

• What is an arrest warrant?

• What do I do when I have missed my court date!

• Do you have to give the police access to your phone?

• Queensland Drink Driving Guide (2024)

• Contravene direction or requirement

• Should I hire a Criminal Defence Lawyer?

• Police questioning and your right to silence in Queensland

_{Disclaimer – this article contains general advice only and is not intended to be a substitute for legal advice.  Its represents information about the law in Queensland and since publishing the law or the interpretation of that law may have changed.}

Assault is defined as forceful contact or threatening forceful contact with a person. Depending on the severity of circumstances and injuries will determine the degree of assault you are charged with.

The different types of assault charges in Queensland are as follows, in order of most minor to most severe:

Common Assault

A Common assault is the lowest of the possible assault charges and can come about from anything as minor as a bodily gesture, poking, nudging or touching someone, and even just threatening to do such acts.

Assault occasioning bodily harm

An assault occasioning bodily harm charge occurs when the victim suffers injuries interfering with their health or comfort. Penalties for this charge are increased if there is a statement that the Defendant had a weapon or is in the company of another person.

Assault causing Grievous Bodily Harm

An assault causing grievous bodily harm charge occurs when a person is left permanently injured, scarred or impaired as a result of the assault.

Serious assault (any charge of assaulting a Police officer will automatically come under this charge also)

Serious assault charges occur when the assault is on a person over the age of 60 or is handicapped or dependant on a remedial device. If an assault is on a Police officer is serious it will automatically be placed under this degree of assault. If biting, spitting or any bodily fluid is involved the penalty can be doubled, resulting in a possible maximum penalty of 14 years imprisonment.

Sexual assault

A Sexual assault charge is a result of any unwanted or forced sexual advancement or behaviour towards a person.  

When you are charged with any form of assault charge it is extremely important to seek legal representation immediately. Assault charges more than ever are treated very seriously by the courts and can easily result in jail time.

Here at Clarity Law we represent clients in all degrees of assault charges in Courts across South East Queensland every day, it is this experience, and our expertise that allows us to get the absolute best result for clients. We also offer the most competitive prices in Queensland that are all fixed fee so there are no nasty surprises when you receive your invoice.  If you want to engage us or just need further information or advice then you can either;

For more information visit our webpage or call 1300 952 255 7am – 7pm seven days a week

Disclaimer – this article contains general advice only and is not intended to be a substitute for legal advice.  Its represents information about the law in Queensland and since publishing the law or the interpretation of that law may have changed.