Clarity Law

Our office has written in great detail about stealing offences here.

In short, a stealing offence occurs when a person has taken property (things capable of being stolen) with the intent to deprive the owner of the thing, to use as a security or used in a way that it cannot be returned in the condition it was in at the time of taking.

This article is not a detailed outline of the offence, but rather aims to give an outline about how a person could expect their stealing charge to progress through the court system where they intend to plea guilty. Your lawyer will review the matter and advise of any defences if they are available. If you are intending to challenge the charge then your matter will follow a different course than below.

This is not a substitute for tailored legal advice, but aims to clarify some of the uncertainty a person will experience.

Shoplifting –

Shoplifting – or unauthorised dealing with shop goods. This charge arises when a person has dishonestly taken or dealt with goods under a value of $150.00.

This is a matter that is dealt with in the Magistrate’s court and can usually be dealt with on the first occasion if the defendant intends to plea guilty to the charge.

The Court will take the defendants plea and then hear from the prosecution regarding the facts of the case. The Magistrate will then ask the defendant or their legal representative to say something about the defendant and give an explanation as to why the offence was committed.

The defendant will then stand and be sentenced. Given this is an offence against the Regulatory Offences Act, a defendant is liable to a fine of up to 6 penalty units.

How Stealing matters start

All stealing matters will start their life in the Magistrates Court, from there, depending on the seriousness of the offence or any circumstance of aggravation (such as if the value of the theft is over $30,000) the matter will then go through the process of committal and then indictment to the District Court.

Your will be required to attend court on the first mention in the Magistrates Court. You will be usually required to sign bail (see our article on bail here), then your lawyer will advise when you need to attend Court.

Stealing matters in the Magistrates Court

For the stealing matters that will remain in the Magistrates Court they will take one of two paths, either being dealt with in a short plea or where it will require a lengthy plea. The court will not typically hear a plea of guilty if the matter will take longer than 15 minutes in an arrest court (this could be Court 1 in the Southport or Beenleigh Magistrates Courts or Court 2 in the Holland Park Magistrates Court. This will depend on the practice directions of each specific court).

How long a stealing matter will take will depend on a number of factors, namely:

1. the number of offences;
2. the seriousness of the offending;
3. the criminal history of the defendant; and/or
4. a combination of all the above factors.

If the matter will be dealt with in 15 minutes or less, the matter can usually be dealt with either on the first mention or adjourned to another date for sentence in order to obtain material in mitigation of the sentence.

Short plea - A stealing matter will follow the same procedure as all Magistrates Court matters. The Magistrate will ask the defendant to stand and then read out the charge(s) and ask how the defendant pleas. The Magistrate may ask if the plea is of their own free will and/or if they have been promised anything or induced to make the plea.

The Police Prosecutor will then read the facts of the charge and may make a submission with respect of penalty.

Your lawyer will then stand and make submissions to the Court on your behalf, tendering any character references or other supporting material as necessary. Your lawyer will submit on penalty then the Magistrate will require you to stand and deliver the sentence.

A short plea can be dealt with as quickly as the first appearance date or adjourned to allow for the defendant to prepare material for their sentence. It is the quickest way to resolve a stealing offence.

Lengthy plea – A lengthy plea will follow the same procedure as a short plea, however the difference arises from the detail that will be given by both the prosecution and the defence.

The Police Prosecutor in a lengthy plea are more likely to make more detailed sentencing submissions than they would in a short plea. The prosecutor may tender comparative cases and have a more detailed back and forth with the Court.

Your defence lawyer will also make more in depth submissions to the Court regarding penalty and may provide case comparatives.

The Court may be more interactive with each of the parties, asking questions during submissions which may lead to lengthy discussions regarding the facts and how they compare to any tendered comparative cases.

The matter will then follow the same procedure for sentencing as a short plea.

This matter will usually not be heard on the first court appearance and will require adjournment to a specific date on which the court hears lengthy pleas. Courts have a backlog of lengthy pleas, so this may take a few weeks to progress to sentence date.

Matters that must be heard in the District Court

If your matter is to be heard in the District Court, you will be advised very early in the life of the matter. Your lawyer will identify if the matter must go up and will explain the process to you.

Very simply, the matter must be committed from the Magistrates Court to the District Court, where it will then be presented to the District Court on indictment. The Director of Public Prosecutions will take carriage of the matter once it goes up, and they have by law, 6 months to present the indictment. The upshot here is that a matter in the District Court can take a considerable amount of time to be dealt with.

Once the administrative process has occurred between your lawyer, the Court and the DPP it will come time for sentence. The District Court has a much more formal process to it than the Magistrates Court.

Depending on the seriousness of the offence, your lawyer will typically raise the discussion of engaging a Barrister (you might hear them also be called counsel) to do the sentence. Barristers are experts in District Court sentences and work closely with your lawyer in preparation for the sentence.

Once the sentence day comes around, your lawyer will explain exactly what will happen. In short, you will be required to be in the dock, which is the separate area for the defendant. The Judge’s associate will ask you to stand and read out the charges and ask you to enter your plea. As an example of the increased formality, the Associate will then read out your plea back to the Judge directly behind them. The Associate will then advise you that you have been convicted on your own plea and then ask if there is any reason sentence should not be passed on you. It is at that time you will sit down and the Prosecution will commence their case.

The Prosecution will read into the record the agreed facts of the case and then make their submissions with respect to penalty, relying on case comparatives to support their submission.

Your Barrister or Lawyer will then stand and make their own submissions about your background, the circumstances of the offending and provide their own case comparatives in support of the desired penalty.

This will follow a similar process as a Magistrates Court lengthy plea, just with additional formality and detail to correspond with the increased seriousness of the offence. Much like a lengthy plea, there may be some discussion between the Judge, the DPP and your lawyer/barrister during the process. This is normal and to be expected.

You will then stand and the Judge will read out your sentence. The Judge may adjourn the Court for a short time to consider what sentence they will pass.

Case Conferencing

During the course of your matter, you might hear your lawyer mention or talk about the case conferencing process. This is the process in which your lawyer will negotiate with the police prosecutor or the DPP.

The scope of the negotiation can be something as simple as negotiating the agreed facts of the case, or can include a written submission as to reducing or completely dropping some or all of the charges. This is an in depth process that takes some time to occur as it requires a detailed analysis and drafting of a legal argument to be sent to the prosecution and for their office to consider it.

Why get a lawyer

It should be clear from both our detailed article on stealing and the above, that a stealing charge can be a very complex and lengthy process to navigate. Engaging us gives you the best chance at obtaining the lowest penalty or avoiding a jail sentence if this is not your first offence.   We are one of the leading criminal law firms in South East Queensland.  We appear every week in the courts with people charged with stealing, it is this experience that allows us to get the best result for clients.  Other law firms simply don’t have the experience that we do and don’t know the judges like we do.  Just some of the benefits of us acting for you include;

1. we know the judges and what they want to hear to give you the best outcome
2. we have good relationships with the prosecutors meaning we can often have them not seek a jail sentence
3. we are there to help you through the process and make everything as stress free as possible, in most cases you will not have to say anything in court
4. engaging us shows the court you are taking your charges seriously
5. your matter will be heard early, often first, you do not have to wait for 20-30 other matters to be heard before you
6. you will be fully informed of what is to happen in court and what this means for you after court
7. unlike the police or the Judge, we are there to look after you, your privacy and your interests

If your matter is going to progress by a lengthy plea in the Magistrates Court or on indictment to the District Court you will be engaged with your lawyer for a not insignificant period of time. Clarity Law’s lawyers all pride themselves on ensuring that you truly understand what is happening with your matter, that you have confidence and know that we are acting in your best interest. That is the Clarity Law difference and our record reflects this approach.

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

Under section 6 of the Regulatory Offences Act 1985 in Queensland, it is an offence to leave a hotel without paying for the accommodation, food, or other services provided. This offence is also known as "dine and dash" or "hotel skipping."

What is the offence?

The offence is committed if a person:

• Stays in a hotel; or
• Receives food, drink, accommodation, or other services from the hotel or a restaurant; and
• Does not pay for the services or food and drink

The value of the services does not matter, as long as it is less than $150.

What is the penalty?

If you are charged with leaving a hotel without payment, you may be liable to a fine of up to $300. You may also be ordered to pay compensation to the hotel for the value of the services you received.

Defences

There are a few defences to the charge of leaving a hotel without payment. For example, you may be able to argue that you had a reasonable belief that you would be able to pay for the services, or that you were forced to leave the hotel due to an emergency.

If you are charged with leaving a hotel without payment, it is important to speak to a lawyer as soon as possible. A lawyer can help you understand the charges against you and your legal options.

What if the value was more than $300?

If the value of the food, drink or accommodation was more than $150 then a more serious charge of fraud would likely be bought against you. This carries with it a higher chance that a conviction will be recorded that would stay on your criminal history for 5 years.

Here are some things to keep in mind if you are charged with leaving a hotel without payment:

• The police may not charge you with the offence immediately. They may first try to contact you and ask you to pay for the services. If you do not pay, they may then issue you with a summons to appear in court.
• If you are charged with the offence, you will be given a court date. You must attend court on this date, or you may be issued with a warrant for your arrest.
• If you are found guilty of leaving a hotel without payment, you may be fined or ordered to pay compensation to the hotel.
• If the value of the food, drink or accommodation is more than $150 then a more serious charge will likely be bought.

If you have been charged with a criminal offence in Queensland, you may be wondering what factors can affect the sentence that you may receive if you are found guilty or plead guilty. One of the most important factors that can influence the outcome of your case is the presence of any mitigating factors.

What are mitigating factors?

Mitigating factors are facts or details about the offender and their offence that tend to reduce the severity of their sentence. They can include things like:

• an early guilty plea
• no criminal history
• significant physical or mental health issues or low intellectual capacity
• rehabilitation efforts after the offence but before the sentence

The law in Queensland (section 9 of the Penalties and Sentences Act) states that the court must have regards to mitigating factors when setting the penalty.

How do mitigating factors work in practice?

The court has a wide discretion to decide what weight to give to each mitigating factor in each case. The court will also consider other factors, such as:

• the maximum penalty prescribed for that offence
• the nature and seriousness of the harm done
• the previous convictions of the offender
• the offender's age, character and intellectual capacity
• the prevalence of the offence
• any other relevant circumstances

Some mitigating factors may have more impact than others, depending on the type and seriousness of the offence. For example, an early guilty plea will result in a significant reduction of the sentence, as it shows remorse, acceptance of responsibility and saves time and resources for the court and the prosecution . However, a lack of criminal history may not be very relevant for a very serious offence, such as murder or rape.

Some mitigating factors may also interact with each other or with aggravating factors, which are facts or details that tend to increase the seriousness of the offence and the sentence. For example, if an offender has a mental health issue that contributed to their offending, but also shows a lack of remorse or has a history of similar offences, the court may balance these factors and decide how much leniency to grant.

It is always a balancing act for the judge or magistrate to work our how much weight should be given to mitigating factors. There is no mathematical approach when balancing all the factors. In R v Roberson the court said;

The authorities do not condone, in any respect of sentencing, some arithmetical approach under which a deduction is made from a pre-determined range of sentences: the sentencing judge is obliged ‘to take account of all of the relevant factors and to arrive at a single result which takes due account of them all.

What are some examples of mitigating factors?

Here are some common examples of mitigating factors that may apply in different cases in Queensland:

• Early guilty plea: As mentioned above, this is one of the most significant mitigating factors, as it can result in a discount of up to 33% on the sentence . It also demonstrates remorse and cooperation with the justice system as well as an acceptance of responsibility for the offence
• No criminal history: This can show that the offender is of good character and that their offending was out of character or an isolated incident. It can also indicate a low risk of reoffending
• Significant physical or mental health issues or low intellectual capacity: These factors can affect the offender's culpability, meaning their level of blame or responsibility for their actions. They can also affect their ability to cope with imprisonment or other forms of punishment. The court may consider medical reports or expert evidence to assess these factors . If these factors are so strong the whole charge may need to be dropped
• Rehabilitation efforts after the offence: These can include things like attending counselling, completing courses, seeking treatment, paying compensation or apologising to the victim. They can show that the offender is genuinely remorseful and willing to address their underlying issues or problems that led to their offending
• Co-operation with Authorities. For example a person may voluntarily admit to police they have committed a crime or may show significant co-operation in other ways.
• Providing the court with character references

How can I present mitigating factors to the court?

If you have been charged with a criminal offence and you have any mitigating factors that you want the court to consider, you should seek legal advice from an experienced criminal lawyer as soon as possible. A lawyer can help you gather evidence and prepare submissions to present your case in the best possible light. They can also advise you on your options and prospects of success.

Have you been accused of possessing something that was stolen or unlawfully obtained? If so, you may have been charged with an offence under section 16 of the Summary Offences Act (Queensland). This offence is commonly known as unlawful possession of suspected stolen property and it carries a maximum penalty of 20 penalty units or one year's imprisonment.

What does the offence mean?

The offence of unlawful possession of suspected stolen property means that you have something in your possession that you reasonably suspect has been stolen or unlawfully obtained by someone else. For example, if you buy a laptop from a friend who tells you that they got it from a car they broke into, you are likely to be committing this offence.

The key element of this offence is that you must have a reasonable suspicion that the thing you possess is stolen or unlawfully obtained. This means that you must have some facts or circumstances that would make an ordinary person in your position suspect that the thing is not lawfully yours. It is not enough to have a vague feeling or a hunch that something is wrong.

Do the police need to do anything before they arrest someone?

Pursuant to the Police Powers and Responsibilities Act the offence of unlawful possession of suspected stolen property is a “declared offence”. This means that in order to arrest someone the police should first, if reasonably practicable, give the person a reasonable opportunity to explain how the person came to have possession of the thing.

If:

1. The person fails to give an explanation; or
2. The police officer considers the explanation given is not a reasonable explanation; or
3. Because of the person’s conduct, it is not reasonably practicable to give the person a reasonable opportunity to give an explanation;

The police officer may start a proceeding against the person for the declared offence.

What does the prosecution need to prove?

The prosecution does not have to prove that the thing was actually stolen or unlawfully obtained, only that you reasonably suspected it was. However, if the thing was in fact lawfully yours or you had a lawful excuse for possessing it, you may have a defence to the charge.

The prosecutions must prove the following:

1. That the defendant unlawfully;
2. Possessed;
3. A thing that is reasonably suspected of having been stolen or unlawfully obtained.   

Lets look at those keywords in more detail.

Unlawfully

In general “unlawfully” means without authorisation, justification or excuse by law.

In Castle v Farmer The judge said about what unlawfully means as follows

“There is no burden on a suspected person to prove a satisfactory explanation on the balance of probabilities. The consequence is that the burden of proving unlawful possession is upon the prosecution, and the standard of proof will be beyond reasonable doubt. Any explanation will be part of the evidence at the trial”

Possessed

“Possession” includes having under control in any place whatever, whether for the use or benefit of the person of whom the term is used or of another person, and although another person has the actual possession or custody of the thing in question.

A thing that is reasonably suspected of having been stolen or unlawfully obtained

It requires the existence of facts which are sufficient to induce that state of mind in a reasonable person that the item was stolen or unlawfully obtained.

What are some possible defences?

There are several possible defences to the charge of unlawful possession of suspected stolen property, depending on the facts of your case. Some of these include:

• You did not possess the thing at all. For example, if the thing was found in your car but it belonged to someone else who left it there without your knowledge.
• You did not have a reasonable suspicion that the thing was stolen or unlawfully obtained. For example, if you bought the thing from a reputable store or online seller and had no reason to doubt its legitimacy.
• You had a lawful excuse for possessing the thing. For example, if you were holding the thing for someone else who had a lawful claim to it, or if you were acting under a legal duty or authority.
• You acted honestly and reasonably in relation to the thing. For example, if you found the thing and reported it to the police or tried to return it to its owner.

What are the likely penalties?

The law sets the maximum penalty at 1 year imprisonment and 20 penalty units (currently $3,096).

In general, for a first offence the court will be looking to impose a fine or a good behaviour bond.

The court has the discretion whether to record a conviction or not. When deciding whether to record a conviction to 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

If the court imposes a bond then it cannot record a conviction.

If you are charged with this offence in Queensland, it is important to seek legal advice from an experienced criminal lawyer who can advise you on your options and represent you in court. A criminal conviction can have serious consequences for your future, such as affecting your employment opportunities, travel plans and reputation.

If your notice to appear says "possess knife in a public place", you have been charged under section 51 of the Weapons Act 1990. It is an offence to physically possess a knife in a public place or at a school in Queensland unless you have a reasonable excuse.

In short: Possessing a knife in a public place in Queensland carries a maximum of 50 penalty units ($8,635) or 18 months imprisonment for a first offence. It is a defence to have a reasonable excuse — work, fishing, food preparation and ordinary utility use of a penknife can all qualify. Self-defence expressly cannot.

The charge rarely turns on the existence of the knife alone. The important questions are usually why you had it, where it was found, how it was being carried and what you were doing at the time.

A chef travelling to work with knives packed in a tool roll is in a very different position from someone carrying a knife for protection. A fisher with a knife stored alongside fishing gear may have a reasonable explanation. Someone who forgot that a work knife was still in a bag or vehicle may face a more difficult argument, depending on the evidence.

If Queensland Police have charged you with possessing a knife in a public place, obtain advice before pleading guilty or giving a detailed statement. Call Clarity Law on 1300 952 255. We return calls in around 15 minutes.

The short answer

What does it mean to possess a knife in a public place?

Section 51 of the Weapons Act 1990 (Qld) provides that a person must not physically possess a knife in a public place or a school without a reasonable excuse.

The word physically matters. This is not the wider concept of possession used in some drug offences. The prosecution must prove you had actual physical possession of the knife, not simply that it was somewhere you had access to.

The law applies to more than obviously dangerous weapons. A knife includes a thing with a sharpened point or blade that is reasonably capable of being held and used to wound or threaten a person. Depending on the object and the circumstances, this can include:

• kitchen and chef's knives;
• pocketknives and folding knives;
• utility knives and box cutters;
• fishing and hunting knives; and
• some multitools containing a blade.

Some specialised knives — such as flick knives, butterfly knives, push knives and disguised knives — may be regulated separately as category M weapons. Possessing one can raise different licensing and offence issues. Do not assume every bladed item is dealt with only under section 51.

Charged after police found a knife? The description of the item, body-worn camera footage, photographs, police search powers and your explanation can all matter. Call 1300 952 255 before deciding how to plead.

What counts as a public place?

The definition is broad. A public place can include somewhere the public is entitled or permitted to use, whether entry is free or paid.

Common examples include:

• roads and footpaths;
• parks and beaches;
• shopping centres and car parks;
• pubs, clubs and entertainment venues;
• railway stations and public transport; and
• other places open to or used by the public.

Importantly, section 51 treats a vehicle in or on a public place as part of the public place. That means a knife found in a car parked on a public road or in a public car park may result in a charge.

However, finding a knife somewhere inside a vehicle does not automatically establish every part of the offence. Police still need evidence connecting the person to physical possession of the knife. Where it was located, who owned the vehicle, who knew it was there and who could access or control it may all be relevant.

Reasonable excuses: can I carry a knife for work in Queensland?

Possessing a knife to perform a lawful activity, duty or employment can amount to a reasonable excuse.

Examples may include a:

• chef transporting knives to or from work;
• tradesperson carrying a utility knife needed for a job;
• farmer using a knife for primary production; or
• worker required to use a cutting tool as part of their duties.

It is not enough simply to say, "I use it for work." The court can consider how, when and where the knife was carried. A knife packed with work equipment while travelling directly to a shift is easier to explain than the same knife carried in a pocket at a nightclub hours later.

Useful evidence can include rosters, invoices, job sheets, employer confirmation, uniforms, work equipment and messages showing where you were going and why the knife was needed.

What about fishing, camping, sport or recreation?

A lawful recreational activity can also provide a reasonable excuse. The Weapons Act specifically gives the example of a person using a knife while fishing.

The surrounding facts still matter. Relevant considerations may include:

• whether you were travelling to, from or taking part in the activity;
• whether the type of knife was suitable for that activity;
• how the knife was stored;
• whether other equipment supported your explanation; and
• the time and place at which police found it.

A fishing knife stored with rods and tackle on the way to a fishing location is quite different from a knife carried for immediate access in an unrelated setting.

Are pocketknives, Swiss Army knives and multitools legal?

Queensland does not give a blanket exemption for small knives.

The Act does, however, recognise that possessing a penknife or Swiss Army knife for its normal utility purposes may be a reasonable excuse. A multitool containing a blade may raise a similar issue.

The word "may" is important. The object's size or everyday design does not make it automatically lawful to carry everywhere. The court may still consider the reason for carrying it, where it was kept and whether the circumstances would cause a reasonable person concern that it could be used to threaten or harm someone.

Is self-defence a reasonable excuse?

No. Queensland law expressly states that carrying a knife for self-defence is not a reasonable excuse.

That applies even if you say you carried it because you were afraid of another person or had previously been threatened. Telling police that the knife was for protection may provide evidence supporting the charge and may affect how police assess the situation.

If safety concerns caused you to carry a knife, tell your lawyer about the full background before making any further statement. There may be lawful protective steps available, but carrying a knife for self-defence is not one of the statutory excuses.

What if I forgot the knife was in my bag or car?

"I forgot it was there" is not one of the reasonable excuses listed in the Act. It also does not automatically resolve the question of physical possession.

These cases are fact-specific. Important evidence may include:

• when and why the knife was first placed there;
• whether the bag, toolbox or vehicle was being used for work or recreation;
• who else had access to it;
• how long the knife had been there;
• where it was stored; and
• what you said to police when it was found.

Do not assume that an innocent explanation will speak for itself. Preserve any evidence that supports your account and obtain legal advice promptly.

Can a knife be carried for food preparation?

Food preparation can be a reasonable excuse. The Act gives examples including a person using a knife to prepare food at a restaurant and a person using a knife to prepare or eat food at a picnic.

Context remains important. Carrying a suitable knife with cooking equipment for an identifiable purpose is different from carrying it in a way suggesting it was available as a weapon.

What are the rules at schools?

The prohibition also applies at schools, and the law is particularly strict in that setting.

Possessing a knife for a genuine religious purpose can potentially be a reasonable excuse in a public place. The Act gives the example of a Sikh person possessing a kirpan. However, a genuine religious purpose is expressly not a reasonable excuse for possessing a knife at a school.

Because school-related cases can involve additional policies, disciplinary consequences and child-specific procedures, obtain advice about the particular circumstances.

How has Jack's Law changed knife policing in Queensland?

Jack's Law allows police to use handheld metal detectors — known as "wanding" — to scan people for weapons without a warrant and without needing to suspect anything.

The scheme is named after 17-year-old Jack Beasley, who was fatally stabbed at Surfers Paradise in 2019. It began as a Gold Coast trial, was extended to safe night precincts and public transport stations, and was widened again in 2024 to shopping centres, retail premises, sporting and entertainment venues, licensed venues and rail lines.

On 18 July 2025, Jack's Law became permanent and expanded to all public places across Queensland. Police no longer need a senior officer's authorisation tied to a prescribed location, and the sunset clause that would have ended the powers has been removed.

The scale of the change matters if you carry a knife for work or recreation. In the first year of the expanded powers, Queensland Police reported scanning 173,831 people, seizing 1,311 weapons, and charging 2,652 people with 5,199 offences.

Two practical consequences follow:

1. A knife in a bag, pocket, toolbox or vehicle is far more likely to be found than it was three years ago — not because police suspected you, but because you walked past a scanning operation at a shopping centre, station or town centre.
2. Refusing a scan is itself an offence. Failing to comply with a police direction under section 791 of the Police Powers and Responsibilities Act carries its own penalty, and non-compliance is a prescribed circumstance that can justify a search.

If police located a knife after scanning you or your belongings, a lawyer should consider both the alleged possession and whether the officers exercised their powers lawfully in the circumstances.

Where is a possess knife charge heard in Queensland?

An ordinary section 51 charge is dealt with summarily in the Magistrates Court — usually the court nearest to where police say the offence occurred.

Clarity Law appears in 26 Queensland courts, including Brisbane, Beenleigh, Southport, Ipswich, Maroochydore, Caboolture, Pine Rivers, Toowoomba, Bundaberg, Hervey Bay and Maryborough.

Location matters more than people expect. Charges arising from wanding operations in the Gold Coast and Fortitude Valley night precincts frequently involve a young person, alcohol, and a knife carried "just in case" — the exact scenario where self-defence is not available as an excuse and early advice changes the outcome. Charges from Ipswich, Toowoomba or the Bundaberg and Hervey Bay region are more often work or rural utility matters, where the reasonable excuse argument is genuinely available if the evidence is preserved quickly.

What is the penalty for possessing a knife in a public place?

For the ordinary offence under section 51, the maximum penalties are:

Queensland's penalty-unit value is currently $172.70 and can change, so the dollar figures should always be checked at the time of the offence or sentence.

Higher maximum penalties apply where a person publishes material on social media or another online network to advertise their involvement in the offence or the act constituting it:

The maximum is not a prediction of the sentence in any individual case. The court may consider matters including:

• the type of knife;
• where and how it was carried;
• the reason for possessing it;
• whether it was displayed, used or connected with threats;
• any related offences;
• the person's criminal history;
• their plea and cooperation; and
• their personal circumstances and prospects of rehabilitation.

The sentencing court will also decide whether a conviction should be recorded. That decision is not automatic and can be important for employment, licences, travel and future court proceedings.

Should I plead guilty or contest the charge?

Do not decide based only on the police allegation or a short summary of the law.

Before advising you, a criminal lawyer may need to consider:

1. whether the item legally falls within the relevant definition;
2. whether police can prove physical possession;
3. whether the location was a public place or school;
4. whether the evidence supports a reasonable excuse;
5. whether the search, scanner use or seizure was lawful;
6. what you said in any police interview or body-worn camera recording; and
7. whether the prosecution evidence supports a different or additional weapons charge.

If there is a proper basis to contest the charge, the matter may proceed to a hearing. If the charge is admitted, careful preparation can still affect the penalty and whether a conviction is recorded.

We quote a fixed fee before we start, so you know what your matter costs before you commit to it.

What should I do after being charged?

• Keep your court notice, property receipt and any police paperwork.
• Write down what happened while events are fresh, but do not post your account online.
• Preserve work records, fishing or camping plans, messages, receipts, photographs and other material supporting your reason for having the knife.
• Do not delete relevant social-media material.
• Avoid giving a further detailed statement before obtaining legal advice.
• Attend court on the date shown on your notice unless a lawyer confirms other arrangements.

Frequently asked questions

Can I keep a knife in my car in Queensland?

Only if the circumstances are lawful. A vehicle in or on a public place is included in section 51. A genuine work, recreation or utility purpose may provide a reasonable excuse, but simply keeping a knife in the car "just in case" is risky — particularly if the purpose is self-defence.

Can I carry a pocketknife for everyday use?

Possessing a penknife or Swiss Army knife for normal utility purposes may be a reasonable excuse, but there is no universal permission to carry one in every place or circumstance.

Can I carry a knife because I walk home at night?

No. Carrying it for self-defence is expressly excluded as a reasonable excuse.

Do I have to let police scan me with a wand?

Yes. Since July 2025, police can use a handheld scanner in any public place in Queensland without a warrant and without suspecting you of anything. Refusing to comply with the direction is a separate offence and can itself justify a search.

Can I take knives to work on public transport?

A genuine employment purpose may be a reasonable excuse. How the knives are packaged, the route and timing of the journey, and evidence of your work can matter. Transport them securely and only for the lawful purpose for which they are needed.

Will I go to jail for possessing a knife in a public place?

Imprisonment is within the maximum penalty, but the likely outcome depends on the facts and your circumstances. Carrying a knife for a credible lawful purpose is very different from carrying or displaying one during threatening conduct. Obtain advice based on the actual evidence rather than assuming either the best or worst result.

Will the knife be returned?

Police may seize a knife connected with an alleged offence. Whether it is returned, retained, forfeited or destroyed depends on the legal basis for seizure and the outcome of the matter. Ask your lawyer to check the property receipt and any proposed forfeiture order.

Speak with a Queensland knife charge lawyer

Being charged with possessing a knife in a public place can affect your liberty, employment and criminal record. Early advice can also help preserve evidence of a genuine work, fishing, recreational or utility purpose before that evidence is lost.

Clarity Law defends criminal and weapons charges in Magistrates Courts across Queensland, including Brisbane, Beenleigh, Ipswich, Southport, Maroochydore, Toowoomba and Hervey Bay. We are rated 4.9 on Google, we act on fixed fees, and we return calls in around 15 minutes.

Call 1300 952 255 or contact us online to arrange advice about your charge.

Reviewed by Steven Brough, Director, Clarity Law — September 2026.

 https://youtu.be/_vuWWm7IytY

For criminal and traffic cases, the Queensland courts have multiple sentencing options at their disposal.

This article will concentrate on suspended sentences of imprisonment.

What is a Suspended Term of Imprisonment?

Somewhat artificially, a suspended term of imprisonment (sometimes called a ‘suspended sentence’) is a term of imprisonment wholly or partially served in the community. For example, a person can be sentenced to a term of imprisonment of 12 months, suspended after three months, with an operational period of two years. This would mean that the person served three months in custody and nine months are then still ‘hanging over his head’ for two years after that. If he was to be convicted of an offence ‘punishable by imprisonment’ within those two years, he would then be dealt with for the ‘breaching’ offence and after that, sentenced for breaching the suspended term of imprisonment.

Once the suspended sentence is breached, the court has a few legislated options available to it, according to section 147 of the Penalties and Sentences Act.

The first, and default, option is to order the person to serve the whole of the remaining part of the suspended term of imprisonment. That is, using our above example, nine months imprisonment.

The second option is to order the person to serve part of the outstanding suspended term of imprisonment, such as four of the remaining nine months.

The third option is to extend the ‘operational period’ of the suspended sentence. So, again using our example, the two years operational period might be extended for another two months, adding two months to the remaining operational period.

Options two and three are only available when the Judge or Magistrate decides it would be “unjust” to require the person to serve the whole of the remaining period of suspended imprisonment.

There is a legal test to assist the Court in deciding whether it would be unjust to require the person to serve the whole of the remaining period of suspended imprisonment:

“The court must have regard to—

(a) whether the subsequent offence is trivial having regard to—

(i) the nature of the offence and the circumstances in which it was committed; and

(ii) the proportion between the culpability of the offender for the subsequent offence and the consequence of activating the whole of the suspended imprisonment; and

(iii) the antecedents and any criminal history of the offender; and

(iv) the prevalence of the original and subsequent offences; and

(v) anything that satisfies the court that the prisoner has made a genuine effort at rehabilitation since the original sentence was imposed, including, for example—

(A) the relative length of any period of good behaviour during the operational period; and

(B) community service performed; and

(C) fines, compensation or restitution paid; and

(D) anything mentioned in a pre-sentence report; and

(vi) the degree to which the offender has reverted to criminal conduct of any kind; and

(vii) the motivation for the subsequent offence; and

(b) the seriousness of the original offence, including any physical or emotional harm done to a victim and any damage, injury or loss caused by the offender; and

(c) any special circumstance arising since the original sentence was imposed that makes it unjust to impose the whole of the term of suspended imprisonment.”

A Scenario

Clarity Law had a client^[1] who was sentenced in the District Court for violence offences. He was sentenced to 18 months imprisonment, suspended after four months, with an operational period of three years. That is, he served four months in custody before he was released from jail to serve the rest of his sentence in the community.

Then, about nine months into the District Court suspended sentence, he committed a shop steal offence, taking a bottle of alcohol valued less than $40. He was fined in the Magistrates Court for that offence. The law then required him to be committed to the District Court to be dealt with for the breach of suspended sentence. The District Court decided to extend the operational period of his suspended sentence, noting the offence was of a different type from the original offences and was far less serious, and it would be unjust to require him to serve any time in custody.

About two months, later he committed more offences of violence; he was charged with common assault for a punch and charged with a beach of domestic violence order. Thanks to our skilful negotiations, we were able to get the common assault withdrawn and the facts of the DVO breach changed to a push. In the Magistrates Court he was sentenced to nine months’ probation. He was then committed to the District Court to be dealt with for breaching his suspended sentence.

In the District Court, the Judge commented he was ‘skating on thin ice’. Ultimately, the judge decided to activate the remaining portion of the suspended term of imprisonment, but then place the client on immediate parole. This meant that he had 14 months to perform on parole, or risk being sent to custody by the authorities. That is, he did not have to commit another offence to risk having his parole cancelled, as the parole board has the authority to suspend or cancel his parole if he has failed to comply with the parole order.

Although it may not be obvious from the scenario described above, our client was actually very fortunate that he was not required to serve any additional time in custody.

Conclusion

As can be seen, dealing with a suspended sentence can be complicated, particularly if it is imposed by a higher court and then breached by offences dealt with in the Magistrates Court. We highly recommend getting expert legal advice if you find yourself in such a position.

^[1] We have changed the details to maintain client confidentiality.

The penalties that apply in Queensland for a charge of supplying a dangerous drug depend on several factors, such as the type and quantity of the drug, the circumstances of the offence, and the criminal history of the offender. In this blog post, we will explain the legal framework and the possible outcomes for this serious offence.

Introduction

Supplying a dangerous drug is defined as giving, distributing, selling, administering, transporting or offering to do any of those things with a substance that is listed in the Drugs Misuse Act 1986.

The Act categorises drugs into two schedules: Schedule 1 and Schedule 2.

Schedule 1 drugs are considered more harmful and include substances such as heroin, cocaine, methamphetamine, MDMA and LSD.

Schedule 2 drugs are considered less harmful and include substances such as cannabis, morphine, codeine and steroids.

What penalties can be imposed for supply a dangerous drug?

The maximum penalty for supplying a dangerous drug varies depending on the schedule of the drug and the quantity involved. For example, supplying more than 2 grams of a Schedule 1 drug carries a maximum penalty of 25 years imprisonment, while supplying less than 1 gram of a Schedule 2 drug carries a maximum penalty of 15 years imprisonment. However, these penalties can be increased if there are aggravating factors, such as supplying to a minor, supplying in an educational institution, or supplying for a commercial purpose.

The actual penalty that is imposed by the court will depend on the individual circumstances of the case and the offender. The court will consider factors such as the nature and seriousness of the offence, the level of involvement and culpability of the offender, the impact on the victims and the community, and the prospects of rehabilitation and deterrence. The court will also take into account any mitigating factors, such as cooperation with authorities, remorse, guilty plea, good character and personal hardship.

Between 2013 and May 2021 2,588 Queenslanders were charged with supplying a schedule 1 drug. 70% of those charged received a prison sentence though not all had to serve time in prison. The court can wholly suspend sentences or set immediate parole release dates meaning an offender spends not time in prison.

What court hears the charge?

The charge will in most cases be dealt with in the District court for the supply of a schedule 1 drug or the Magistrates court for the supply of a schedule 2 drug. Note all matters initially commence in the Magistrates court.

The court has a range of sentencing options available, such as

• imprisonment
• intensive correction order
• probation
• community service order
• fine or recognisance.

The court may also impose ancillary orders, such as forfeiture of property, restitution or compensation, or disqualification from driving. In some limited cases, the court may decide to impose no conviction or no further punishment.

Some notable cases

In R v Holmes [2008] QCA 259 a 20 year old offender pled guilty to one count of possession of MDMA, three counts of supplying MDMA (then a schedule 2 drug) and summary charge of possession of money. Offences had been bought to the attention of the authorities when a person became sick at a hotel after consuming a MDMA pill. The offender co-operated with police and admitted to selling MDMA on three occasions. The Court of Appeal overturned a prison sentence and sentenced him to 2 years probation and no conviction recorded

In R v Pratt [2008] QCA 402 a 25 year old offender pled guilty to one charge supplying Methylamphetamine (a schedule 1 drug) and one count each of possession of cannabis and Methylamphetamine. The offender was 24 at the time of the offending and had one minor criminal conviction on her record. The Supply charge involved the supply to 5 friends over an unstated period of time and did not profit from the supply and co-operated with authorities. On appeal the offender was resentenced to 18 months probation and 100 hours of community service, a conviction was recorded

In R v Anable [2005] QCA 208, a 38 years old offender sold $300 worth of methylamphetamine to an undercover police officer and agreed to supply more of the drug at a later date. The offender had no criminal history. She was sentenced to 9 months imprisonment. The Court of Appeal did not overturn the decision. A conviction was recorded.

Can you negotiate with the prosecutor to get a lesser charge or penalty?

Yes, it is possible to negotiate with the prosecutor to get a lesser charge or penalty. This process is called case conferencing. During case conferencing, the prosecutor and the defence lawyer will discuss the facts of the case, the evidence, and the potential penalties. They may then reach an agreement in which the defendant pleads guilty to a lesser charge or the facts are changed to more favourable to the defendant.

There are a number of factors that the prosecutor will consider when deciding whether to agree to a change in charges or facts. These factors include the strength of the evidence, the defendant's criminal history, the defendant's willingness to plead to a lesser charge or the interpretation of the law.

However, it is important to remember that case conferencing is not always successful, only an experienced criminal lawyer can advise on the chance case conferencing will be successful and if so exactly what can be achieved,

We have an article on negotiating charges with a prosecutor

What we have achieved for clients

We have a proven track record of achieving great results for clients charged with supplying dangerous drugs. Here are a few examples:

• Case 1: Our client was charged with supplying a schedule 1 drug at a music festival. He was young and had no previous criminal offending. We were able to convince the court to impose probation and community service, and to not record a conviction. This meant that he was able to travel to the USA as planned.
• Case 2: Our client was charged with supplying schedule 2 drugs to friends. We were able to get the court to impose a fine only, and to not record a conviction.
• Case 3: Our client was charged with supplying a schedule 1 drug. He was young and had no criminal history. The police agreed to reduce the charge, and he was able to plead guilty in the Magistrates Court and receive a fine and no conviction was recorded.
• Case 4: Our client was charged with supplying a schedule 1 drug. We were able to have the charges dropped on the basis that the police could not prove that he knew the drug was a dangerous drug.
• Case 5: Our client was charged with supplying LSD. He had bought the drugs for friends and made no profit from the sale. He was only caught because one of the friends wandered away from the party and was found walking down the middle of the street by police. We were able to get the court to impose probation and not to record a conviction.

We have hundreds more examples of great results for clients charged with supplying dangerous drugs. If you are facing these charges, we urge you to contact us as soon as possible. We will fight hard to protect your rights and to achieve the best possible outcome for you.

Do I need a lawyer?

Supplying a dangerous drug is a serious offence that can have severe consequences for both the offender and the society. If you are facing such a charge, it is important to seek legal advice from an experienced criminal lawyer who can explain your rights.

We understand that being charged with a drug offence can be a very stressful and worrying time. We are here to help you through this difficult process and to provide you with the best possible representation. We have a team of experienced and dedicated lawyers who are committed to fighting for your rights. We will work tirelessly to get you the best possible outcome, whether that is a dismissal of the charges, a reduced charge, or a lenient sentence.

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

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

We are a no pressure law firm, we are happy to provide information to assist you, if you want to engage us then great, if not then you at least have more information about the charge. You wont be chased or hounded to engage us.  Remember its critical you get advice before going to court, this offence can have an impact on you, your family and your employment or business.