Clarity Law

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What would typically happen is if the charge is reduced or withdrawn than on the next court date or on the first date if the first court mention date has not occurred yet the prosecutor would seek to amend the current charges to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

 

                

The law provides that for certain offences committed where a person is intoxicated, when setting a penalty the court must impose some period of community service as part of that order. The changes were made with the Safe Night Out Legislation Amendment Bill in 2014. It provides that where a person is charged with an offence such as obstructing or assaulting police, or common assault where a person is intoxicated and in a public place then the court must make an order for community service ordering the offender perform unpaid community service unless they're convinced the person suffers from physical, intellectual or psychiatric disability. The maximum amount of community service that can be imposed is 240 hours, while the minimum amount that must be imposed is 40 hours.

A community service order requires that the Department of Corrective Services arrange with a person to conduct the community service work within a set period, generally 12 months. This type of work is tailored as much as possible to the person doing the community service work, and the area in which they reside. The other requirements of the community service order include the person must not commit another offence during the period of the order, must generally report to an authorised Corrective Services officer within one to two business days of the order being made and must perform in a satisfactory way the community service order as directed by an authorised Corrective Services officer.

The other requirements are that the person must comply with every reasonable direction of an authorised Corrective Services officer, must not leave or stay out of the state without the permission of that Corrective Services officer, and they must notify of any change in their place of residence or employment within two business days.

Where a person is facing the possibility of a community service order and does suffer from any medical problem that might prevent them from doing that order, it's important that those medical documents are brought before the court before they sentence that person.

The types of offences that are now included within the mandatory community service order include; ·         affray ·         grievous bodily harm ·         wounding ·         common assault ·         assault occasioning bodily harm ·         serious assault ·         assault or obstruction of police.   As noted above the mandatory periods of community service only applies where the offence has taken place in a public place, and while the person as adversely affected by an intoxicating substance. That intoxicating substance could be alcohol or a drug. If you need any additional information you can contact clarity law on 1300 952 255 or visit our website at www.claritylaw.com.au.  We appear in all South East Queensland courts assisting people charged with criminal offences, if you need a criminal lawyer please give us a call to discuss your charges.   This article provides general information and does not constitute legal advice.  The law may have changed since this article was written.  Always obtain legal advice when you are charged with a criminal offence.

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.

Providing character references to a Queensland magistrate or judge can positively influence the outcome of sentencing. As a seasoned criminal defence lawyer in Queensland,

I aim to simplify the importance of character references, how to obtain them, their content, and their impact on court decisions.

 

What is a Legal Character Reference?

A legal character reference guides the court about a person's character from someone who can attest to it. The referee should clarify their identity, relationship with the person, reasons for considering them of good character, awareness of charges, and the impact of the offense. References from various connections, including friends and family, can provide valuable insights.

 

Why Get a Character Reference?

Character references provide information about an individual's character and their response to the offense, assisting the court in determining an appropriate penalty. They offer a holistic perspective beyond the alleged offense, providing positive insights that may counterbalance negative information presented in court.

 

Do Character References Matter?

Character references can significantly influence the court's decision, particularly in sentencing. However, their impact varies, and some judges may not find them as helpful. It's crucial to consult with your lawyer to gauge whether a reference is advisable based on the judge's preferences.

 

Who Should Write a Character Reference?

Choose individuals who know you well, such as employers, colleagues, teachers, mentors, or community leaders. Family and friends can also provide character references. Select people who can vouch for your character, integrity, and contributions to the community.

 

How Should a Character Reference Be Set Out?

A character reference should be formal, professional, addressed to the presiding judge or magistrate, and include the writer's contact details. It should be dated, signed, typed, and printed on letterhead if from a business. Keep it concise, preferably not exceeding two pages.

 

What Goes Into a Court Character Reference?

Include specific examples of positive qualities, such as honesty, reliability, empathy, and community involvement. Address the writer's relationship with the person, awareness of charges, impact of the offense, and whether the person is likely to re-offend. Remember, referees are not required to attend court.

 

Main Components of a Court Character Reference

A court character reference to be used in a criminal law matter should include at minimum:

• Reference writer's identity
• How the writer knows the defendant
• Reasons the defendant is of good character
• Acknowledgment of criminal charges
• Impact of the offense on the defendant
• Opinion on the likelihood of re-offending

 

What Should Not Go in a Character Reference?

Avoid irrelevant or prejudicial information, negative comments about the legal proceedings, alleged victim, or justice system. Never minimize the offense or suggest a penalty.

 

What to Do Once Given a Character Reference?

Ensure its accuracy and provide a copy to your lawyer for review. Always bring the original reference to the court date.

 

How Many Character References Should I Get?

Quality matters more than quantity. Aim for 2-4 well-crafted references from credible sources that offer a comprehensive view of your character.

 

How is a Character Reference Used in Court?

During sentencing, character references are presented to the court as part of the defence’s case, influencing the judge's decision.

 

Can I Get the Reference Back After Court?

The court typically retains character references, but you can request a copy for your personal records.

 

Summary

Character references play a crucial role in Queensland criminal courts, offering a tool to present a comprehensive view of the defendant. By selecting and presenting quality references, individuals can enhance their chances of a favourable outcome. Quality and authenticity are paramount in this process.

 

Click to download court character reference template

 

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

• Your right to silence

• Court Character Reference for Traffic Matters

• 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

Regardless of how serious or minor your charge before the Court is, it is always recommended that you obtain an experienced lawyer to represent you in Court. Whilst the punishment is always decided by the Court a lawyer can influence the Court’s decision on what penalty is handed down to you.

Often our client’s livelihood depends on minimising any penalty imposed by the court.

Here are 10 reasons why you should engage us;