It can be quite the shock when a family member or partner is suddenly arrested. There will be stress, confusion and a desire to try and help.

This article is for family members or partners of some one who has been arrested.

The arrest process

The police are not required to give someone notice that they intend to come and arrest them. The police might very well turn up later in the day or on the weekend.

In general the police will make a formal arrest, detain the accused and take them for questioning.

At this stage you should:

• If present then get details of the officers and where they are being taken

• Note down any relevant things the police may have said

• Don’t contact any witnesses

• Don’t try and explain anything about the alleged offence to the police

It is absolutely critical for ever Queenslander who is taken in for question to remember that apart from the questions below no one should give an statement or information to a police officer without legal advice. Helping the police at this point will at the best not affect the case against someone but at worse will see them convicted based on what they say.

It’s worth repeating DO NOT TALK TO POLICE without legal advice.

We have a couple of articles that goes more in depth on this issue.

• Police questioning and your right to silence in Queensland
• Declining a Police Interview

The only questions you need to answer are:

• your name and address
• date and place of your birth 

Where have they been taken?

The accused will be taken to a local watchhouse. The locations of local watch houses overlap and some close on the weekends so the accused may be taken to a larger watch house further away.

This is why it’s a good idea to ask police which watch house they are taking the family member to.

Can I attend the police interview?

The accused has the right to request a support person and have that support person attend a police interview.

The accused also has the right to speak to a lawyer.

You would have seen earlier however we strongly advice no one to talk to police at all and certainly not until they have legal advice. If a family member asks you to attend a formal interview you should;

• Attend the interview

• Ask the police to explain the right to silence to the family member

• Tell the family member they should not answer any police questions until they speak to a lawyer

• Not answer questions for the family member in the police interview or give information or your opinion on any allegations the police pout to the family member during a police interview.

Again It’s worth repeating DO NOT TALK TO POLICE without legal advice.

Can I talk to them in custody?

The police don’t need to allow the family member to call you however most the watch house staff are generally pretty good at allowing at least one call to family.

How long can the police hold them?

The police can detain someone for 8 hours and during that time question them for up to 4 hours. The police would then need to make a decision as to whether they will grant police bail. See below about bail.

What can I do to help?

The most important thing anyone can do to help a husband, wife, son, brother or another family member facing questioning by police or who has already been arrested is get them a lawyer and do it urgently.

Time matters in these situations. A lawyer can quickly contact the police officers and ask to speak to the family member and can give them legal advice.

Remember the family member can say things to police, even innocently, that will mean they will be found guilty of an offence. We see it every single week. Someone has been arrested, they think they can talk the police and prove they are innocent, they say something that leads to;

1. Admitting all or part of the legal requirements for an offence conviction

2. Preventing their lawyer from being able to negotiate with the prosecutor to withdraw or reduce a charge

3. Preventing a valid defence being used at trial

Everyday people in Queensland talk to police and as a result of talking to police are found guilty of an offence. Many, if they had just invoked their right to silence, would never have had charged bought against them or if they had they would have been found not guilty.

Again It’s worth repeating for the third time DO NOT TALK TO POLICE without legal advice.

Will they get bail?

Bail under Queensland law in its simplest form is a promise by the defendant to go to the court on another date. If bail is granted they are released from custody and don’t have to remain in custody while there matter goes through the court.
If the family member is arrested then the police must make a decision as to whether they will be granted bail or not. If they are granted bail they can leave the watch house. If they are not granted bail then they must be bought before Magistrate as soon as possible. This would generally be the next morning (or if it’s the weekend then by Monday morning).

If a Magistrate is to make a decision on whether to grant bail the presumption is they should get bail (except for certain serious offences). However the Magistrate will refuse bail if there is an unacceptable risk that the defendant, if released on bail—

• would fail to appear and surrender into custody; or
• would, while released on bail—

o   commit an offence; or

o   endanger the safety or welfare of a person who is claimed to be a victim of the offence with which the defendant is charged or anyone else’s safety or welfare; or

o   interfere with witnesses or otherwise obstruct the course of justice, whether for the defendant or anyone else; or

o   that the defendant should remain in custody for the defendant’s own protection.

In deciding whether there is an unacceptable risk as stated above, the Magistrate must have regard to matters including:

• the nature and seriousness of the offence;

• the character, antecedents, associations, home environment, employment and background of the defendant;

• the history of any previous grants of bail to the defendant;

• the strength of the evidence against the defendant;

• if the defendant is an Aboriginal or Torres Strait Islander person—any submissions made by a representative of the community justice group in the defendant’s community;

• if the defendant is charged with a domestic violence offenceor an offence against the Domestic and Family Violence Protection Act 2012, section 177 (2)— the risk of further domestic violence or associated domestic violence being committed by the defendant. Bail for Domestic Violence offences are what is known as show cause bail applications.

You can learn more about bail by clicking on our bail article.

If the family member doesn’t have a private lawyer then the duty lawyer will visit them in the watch house. However the duty lawyer is very busy so will only have a few minutes to talk.

If they don’t get bail what happens?

If bail is not granted then the family member will remain in custody until the charges are finalised or if bail is granted by a judge of the Supreme Court.

They will be moved as soon as possible to a prison or remand centre. This can take several days. You can find out when they arrive at the prison by:

• using the search for prisoners form
• emailing This email address is being protected from spambots. You need JavaScript enabled to view it..

Once they are in prison you can arrange to visit and the family member can also call you.

The first court appearance

After the Court refuses bail they will set a date for the next court appearance. This could be in several weeks time.

You will be able to attend the court on that date (unless the Magistrate closes the court ). The family member will likely appear by video link not in person.

I’m really stressed

Thats really understandable. We also suggest family members see their doctor to get help with coping with a family member in prison.

Don’t try and take all the problems on your own shoulders.

How can I help my family member cope with the charges?

What you need to understand for a prisoner life slows down. They have all day to think about their situation and this can cause them quite a lot of stress.

You will need to remember they will be stressed when they ring you and other family members. Try and keep their hopes up but don’t give them false hope.

Their lawyer will be able to answer any legal questions so try and just concentrate on other things.          

What difference will a lawyer make?

It will make all the difference. Having lawyer will best protect their rights, increase their chances of bail and either defend them at trial or reduce their sentence if they plead guilty.

A summary of what a lawyer can do for your family member is:

• Protect their rights

• Look for possible defences

• Get bail

• Explain the process to the family

• Update the family on what is occurring

• Get an enduring power of attorney signed so the family can take pay the family members bills like rent, phone bills and keep their “outside life going”

• Reduce the sentence

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

• 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

• Drink Driving Lawyer

• Should I hire a Criminal Defence Lawyer?

Brief of Evidence in Queensland: What It Is and Why It Matters

Written and reviewed by Steven Brough, Founder and Principal of Clarity Law
Last updated: 4 September 2026

Steven was admitted as a solicitor in Queensland in 2001 and has represented clients in criminal and traffic matters throughout Queensland for more than 25 years.

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Brief of Evidence — quick answer

A Brief of Evidence is the collection of evidence assembled by the prosecution to prove a criminal charge in Queensland. Depending on the case, it can include witness statements, CCTV, police body-worn camera footage, recorded interviews, photographs, phone records, forensic results and expert evidence.

It is different from a QP9, which generally gives you a summary of what police allege happened rather than all of the underlying evidence.

Not every criminal matter needs a full brief. But where the charge is serious, the facts are disputed, or the evidence needs to be tested properly, reviewing the Brief of Evidence can be critical before deciding whether to plead guilty, negotiate with the prosecution or defend the charge.

If you have been charged with a criminal offence in Queensland, one of the most important questions is often:

What is the evidence?

A police officer may charge you based on an allegation, and a QP9 may summarise what police say happened. But the real issue is whether the prosecution actually has the evidence needed to prove the charge.

That is where a Brief of Evidence becomes important.

In some cases, the Brief confirms the police version.

In others, it reveals problems with the case — inconsistencies, missing evidence, unreliable witnesses, or material that does not support the charge as strongly as the QP9 suggests.

That is why, in the right case, reviewing the Brief of Evidence can make a major difference to how the matter should proceed.

What is a Brief of Evidence?

A Brief of Evidence is the body of material assembled by the prosecution to prove a criminal charge.

Depending on the case, it may include:

• witness statements;
• police statements;
• complainant statements;
• CCTV footage;
• police body-worn camera footage;
• photographs;
• video or audio recordings;
• records of interview;
• 000 recordings;
• phone records;
• text messages;
• social media material;
• forensic results;
• DNA or fingerprint evidence;
• medical material;
• expert reports;
• drug analysis certificates;
• maps, diagrams or scene photographs; and
• other documents or exhibits relied upon by the prosecution.

Some briefs are relatively short.

Others are enormous.

A simple charge might involve only a handful of statements and some CCTV. A more serious matter may involve large volumes of electronic evidence, forensic material, expert reports and many hours of footage.

The size of the brief matters far less than what it shows.

 

Why is a Brief of Evidence important?

Because it allows the charge to be tested against the actual evidence.

A criminal charge is not proved simply because police allege something occurred.

The prosecution must prove the charge using admissible evidence.

Until the evidence is examined, it can be very difficult to know:

• whether the prosecution can prove the offence;
• whether important facts are disputed;
• whether witnesses are reliable;
• whether video or audio material helps or hurts the case;
• whether the charge is too serious for what the evidence actually shows; or
• whether there is a basis to negotiate the charge or facts.

This is often the difference between reacting to an allegation and properly assessing a case.

What is the difference between a QP9 and a Brief of Evidence?

This is one of the most common points of confusion.

A QP9 is usually a police summary of the charge and the facts police allege.

A Brief of Evidence is the material police and the prosecution say proves those allegations.

In simple terms:

• the QP9 tells you what police say happened;
• the Brief of Evidence contains the material they say proves it.

For example, a QP9 might say that a person assaulted another person outside a hotel.

The Brief of Evidence might then include:

• the complainant’s statement;
• witness statements;
• CCTV footage from the venue;
• police body-worn camera footage;
• photographs of any injuries; and
• any admissions allegedly made by the accused.

The difference matters because a QP9 is only a summary. It may be incomplete, imprecise, or written in a way that makes the case sound stronger than it really is. Sometimes the actual evidence supports the allegation. Sometimes it does not.

If you want to understand the QP9 itself, see our guide:

 

 

If you received a QP9 or Brief of Evidence?
Call 1300 952 255. We can review what you have, explain what evidence matters, and tell you what the next step should be.

Is a Brief of Evidence the same as disclosure?

Not exactly.

A Brief of Evidence is usually the material assembled to support the prosecution case.

Disclosure can be wider than that.

In relevant criminal proceedings, the prosecution may also have obligations to disclose material in its possession that is not necessarily central to its own case but may still be relevant to the accused person or assist the defence.

That means the important question is not always just:

“What is in the brief?”

It can also be:

“What is missing?”

For example:

• a witness may mention CCTV that has not been provided;
• body-worn camera footage may exist but not yet be disclosed;
• a forensic result may still be outstanding;
• a 000 recording may be referred to but not included; or
• a witness referred to by others may not yet have provided a statement.

A lawyer reviewing the case should be thinking not only about the material received, but also about whether further material should be obtained.

Does every criminal case need a full Brief of Evidence?

No.

There are some straightforward matters where a full brief is unlikely to change the advice.

For example, if a person accepts the essential facts, the charge is relatively simple, and the case is clearly going to proceed by way of an early guilty plea, waiting for a large brief may simply delay the matter without providing much practical benefit.

But in other cases, obtaining and reviewing the Brief of Evidence is very important.

That is especially so where:

• the client denies the offence;
• important facts are disputed;
• there may be a defence;
• CCTV or body-worn camera footage exists;
• identification is in issue;
• the charge is serious;
• the consequences are significant;
• the prosecution version appears inaccurate or incomplete; or
• there may be room to negotiate the charge or the facts.

The question is not whether every case needs a brief.

The question is whether this case does.

When is a Brief of Evidence particularly important?

A detailed evidence review is often important where:

• the client says the allegations are false;
• the client agrees something happened but disputes how it happened;
• self-defence may arise;
• identification is uncertain;
• there are conflicting witness accounts;
• the prosecution relies heavily on one witness;
• there is CCTV or recorded footage;
• there are text messages, phone records or social media evidence;
• medical or forensic evidence is important;
• the charge may proceed on indictment;
• the matter could affect employment, travel, licensing or reputation; or
• the prosecution version needs to be tested before a plea decision is made.

The more serious the allegation, the more dangerous it can be to make decisions without properly understanding the evidence.

What does a criminal lawyer look for in a Brief of Evidence?

Reviewing a Brief of Evidence is not just a matter of reading documents.

The real task is to compare the evidence with what the prosecution must legally prove.

That involves asking questions such as:

• Does the evidence prove each element of the offence?
• Are the witness accounts consistent?
• Does the CCTV support the allegations?
• Does the body-worn camera help or hurt the prosecution?
• Are there contradictions between the statements and the objective evidence?
• Has anyone changed their version over time?
• Is anything important missing?
• Is the charge itself supported by the evidence?

A case may sound serious in the QP9 but be much weaker when properly analysed.

Equally, a client may think the case is not strong, only for the objective evidence to strongly support the prosecution.

That is why the review has to be systematic and legally focused.

 

1. Are the witness statements consistent?

Witnesses often describe events differently.

That does not automatically mean anyone is lying. People can observe the same incident from different angles and remember different things.

But significant inconsistencies can be very important.

We compare what each witness says against:

• other witness statements;
• the complainant’s account;
• police observations;
• CCTV or body-worn camera;
• phone records;
• photographs; and
• other objective material.

2. Does the objective evidence support the allegations?

CCTV, body-worn camera footage, photographs and electronic records can be extremely important.

Sometimes they strongly support the allegation.

Sometimes they contradict a witness account in an important way.

Sometimes they show that the incident happened, but in a way that does not justify the exact charge laid by police.

Objective evidence often matters more than any single person's version of events.

3. Has anyone changed their version?

A witness may give an initial account and later provide a fuller statement.

A complainant may tell one version to police at the scene and another version later.

A difference does not always destroy a case, but it can be highly relevant.

One of the important parts of a proper review is identifying where accounts have shifted, expanded or become more certain over time.

4. Is anything missing?

Sometimes the biggest issue is not what is in the brief, but what is not.

There may be:

• missing CCTV;
• missing body-worn camera footage;
• missing forensic results;
• outstanding phone downloads;
• missing witness statements;
• incomplete medical records; or
• gaps in the chronology of events.

Missing material may need to be requested before final advice can safely be given.

5. Can the evidence actually prove the charge?

This is the key legal question.

Police may genuinely believe an offence occurred, but belief is not enough.

The evidence has to prove the required legal elements of the charge.

That is where many cases become more complicated than they first appear.

---

Not sure whether the evidence actually proves the charge?
Call 1300 952 255. We can review the QP9 or Brief of Evidence and advise you on the strength of the prosecution case, whether further disclosure is needed, and whether there is a basis to negotiate the charge or facts.

 

Can reviewing the Brief of Evidence lead to a charge being withdrawn or reduced?

It can.

There is never a guarantee.

But reviewing the evidence properly can identify problems that may justify submissions to the prosecution.

Depending on the case, that may lead to:

• withdrawal of a charge;
• substitution of a less serious charge;
• amendment of the prosecution facts;
• removal of allegations that are not supported by the evidence; or
• a more appropriate negotiated outcome.

For example, the evidence may establish that something happened, but not support the exact charge as laid.

In another case, the evidence may support a guilty plea, but not the more aggravated version alleged in the QP9.

This is one of the main reasons why reviewing the evidence can be so important before a plea is entered.

What happens if the Brief of Evidence is incomplete?

That is not unusual.

In many cases, some material is still being obtained or processed.

For example, police may still be waiting for:

• scientific analysis;
• medical evidence;
• forensic testing;
• expert reports;
• phone downloads;
• CCTV;
• additional witness statements; or
• other investigative material.

If the Brief is incomplete, the next step depends on what is missing and how important it is.

Sometimes the missing material is unlikely to affect the advice.

Sometimes it is central to the case and should be obtained before any major decision is made.

Where necessary, further disclosure can be sought and the court can be asked to make directions about the progression of the matter.

How long does a Brief of Evidence take in Queensland?

There is no single answer.

The time required depends on things like:

• how complex the case is;
• how many witnesses are involved;
• whether there is CCTV or body-worn camera footage;
• whether phone or computer material has to be extracted;
• whether forensic testing is outstanding; and
• whether expert reports are required.

A straightforward matter may progress much more quickly than a complex case involving multiple witnesses, digital evidence and scientific material.

What matters most is not simply how long it is taking, but whether the delay is reasonable and whether the missing material is important.

What happens after the Brief of Evidence is received?

Once the evidence is available, the case can be assessed properly.

That may lead to one of several outcomes.

The evidence is strong

If the prosecution case is strong, the focus may move to:

• deciding whether to plead guilty;
• negotiating the wording of the prosecution facts;
• preparing mitigation;
• obtaining references or other supporting material; and
• working towards the best possible sentencing outcome.

The evidence is weaker than expected

If the evidence does not support the charge as strongly as the QP9 suggests, the focus may move to:

• further disclosure;
• case conferencing;
• submissions to the prosecution;
• negotiating the charge or facts; or
• preparing to defend the matter.

The evidence raises more questions

Sometimes the correct advice is that the case cannot yet be safely finalised because further information is needed.

That is not a bad result. It simply means a proper review has identified that more work needs to be done before a plea decision is made.

Can I review the Brief of Evidence myself?

You can read through your own material, and many clients do.

But the difficulty is usually not reading it. The difficulty is knowing what is legally important.

A witness statement may sound damaging but not actually prove an essential part of the offence.

A small inconsistency may turn out to be important when compared with CCTV.

A body-worn camera recording may contain something significant that is easy to miss without experience in criminal matters.

A lawyer’s review is about more than reading. It is about analysing whether the evidence actually proves the charge and whether there is any strategic advantage in challenging, negotiating or clarifying aspects of the case.

I already have a Brief of Evidence. Can Clarity Law review it?

Yes.

You do not have to have instructed us from the beginning of the case.

People often come to us after:

• their first court appearance;
• receiving a QP9;
• obtaining some or all of the Brief of Evidence; or
• becoming concerned that they do not fully understand the evidence against them.

We can review the available material and advise you about:

• the strength of the prosecution case;
• whether further evidence should be sought;
• whether there is a basis to negotiate;
• whether the charge appears appropriate;
• whether the matter should be contested; and
• what practical next steps should be taken.

 

Should I plead guilty before seeing the Brief of Evidence?

Sometimes yes. Sometimes no.

There is no universal rule.

In some straightforward matters, obtaining the full brief before a guilty plea may add little value and simply delay the case.

In other matters, pleading guilty before the evidence is examined could be a serious mistake.

The correct approach depends on:

• the charge;
• what the client accepts or disputes;
• the seriousness of the consequences;
• the existence of CCTV or other objective evidence;
• whether the prosecution facts appear accurate; and
• whether a defence or negotiation issue may arise.

Before deciding how to plead, it is important to get advice on whether reviewing the Brief of Evidence is necessary in your particular case.

Briefs of Evidence in Queensland courts

Clarity Law represents clients in criminal matters throughout Queensland, including matters before the Brisbane, Beenleigh, Ipswich, Southport, Richlands, Caboolture, Maroochydore and Toowoomba Magistrates Courts.

The legal issues involved in reviewing a Brief of Evidence do not change simply because your matter is in a different Queensland court. What varies is the case itself. A brief involving a few witness statements and CCTV is very different from one involving phone downloads, forensic testing, expert material or many hours of police body-worn camera footage.

Where important evidence remains outstanding, we identify what is missing, seek further disclosure where appropriate, and advise the client whether the matter should progress or whether more material should be obtained first.

 

Frequently Asked Questions

Is a QP9 the same as a Brief of Evidence?

No. A QP9 is generally a summary of the police allegation. A Brief of Evidence contains the material said to prove the charge.

Does every criminal charge require a full Brief of Evidence?

No. Some straightforward matters may not require a full brief before a plea is entered. But in more serious or disputed matters, reviewing the evidence can be very important.

Does a Brief of Evidence include CCTV and body-worn camera footage?

It can. Where footage forms part of the prosecution case, it may be included or otherwise disclosed with the brief or through the prosecution disclosure process.

How long does it take to get a Brief of Evidence?

There is no fixed timeframe. It depends on the complexity of the matter and whether further evidence is still being obtained, analysed or prepared.

What if evidence is missing from the Brief?

That may justify seeking further disclosure. The appropriate response depends on what is missing and whether it is likely to affect the case.

Can a charge be dropped after the Brief of Evidence is reviewed?

Potentially, yes. If the evidence does not adequately support the charge, that may provide a basis for submissions seeking withdrawal, amendment or negotiation of the charge or facts.

Should I plead guilty before seeing the Brief of Evidence?

Not always. In some cases it is appropriate to do so, but in others it can be a mistake. The right answer depends on the charge, the facts and the evidence that exists.

Can I bring my Brief of Evidence to Clarity Law for review?

Yes. If you already have the QP9 or Brief of Evidence, we can review it and advise you on the strength of the case and your options.

Why the Brief of Evidence matters

A criminal charge starts with an allegation.

A Brief of Evidence is where that allegation starts being tested against the material said to prove it.

Sometimes the evidence confirms the prosecution case.

Sometimes it reveals problems, inconsistencies or missing material.

Sometimes it opens the door to negotiations.

Sometimes it shows that a matter should be defended.

The important thing is that the decision about what to do next should be based on the actual evidence, not just the wording of the QP9 or assumptions about what police may be able to prove.

If you have been charged with a criminal offence in Queensland and have received a QP9 or Brief of Evidence, Clarity Law can review the material and explain where you stand.

Call to speak with one of our Queensland criminal lawyers.

In the recent case of R v Willis [2023] QSC 190 in the Supreme Court of Queensland had to decide whether someone could supply a drug to themselves.

The defendant, Dylan Lee Willis, pleaded guilty to a charge of possessing a dangerous drug but not guilty to the charge of unlawfully supplying the (MDMA) to himself. The trial took place in Cairns, and the case was presided over by Judge Henry J. The trial occurred on August 8 and 9, 2023, with the verdict delivered on August 9, 2023.

The prosecution presented a circumstantial case, focusing on the evidence of the arresting officer, a friend of the defendant who lived in the same residence, and various evidentiary admissions.

The evidence showed that on June 6, 2021, the police opened a postal package containing MDMA at the Bungalow Mail Centre in Cairns. The package was addressed to a person named Lilly Ryan at a specific address in Edmonton, Queensland. Subsequently, a search warrant was executed at that address, and in a bedroom, three empty mail packages with similar addresses were found, along with handwritten codes similar to the one on the seized package.

The defendant's friend testified that he had been living with the defendant but provided no details about how long he had lived there or how often the defendant was present at the residence. No evidence was presented about the defendant's employment, habits, or activities, either in Cairns or elsewhere.

The prosecution argued that the evidence was sufficient to sustain the inference that the defendant had some role in the process of ordering and sending the package containing MDMA. However, the judge found that the evidence was too vague to establish the offense of supplying the drug. The judge emphasized that while there were gaps in the evidence, the critical issue was whether there was enough evidence to rationally support the inference sought by the prosecution.

Ultimately, the judge concluded that he proved facts sustained the inference that the accused had some knowing role in the process by which the content of the seized package came to be sent and was to be received. But that inference is too vague of itself to constitute the offence charged there was no evidence capable of proving the guilty inference sought by the prosecution beyond a reasonable doubt. The judge highlighted that there was a lack of evidence showing the defendant's role in the process of ordering, packaging, and sending the drug, and there was no evidence connecting the defendant's actions to an offense in Queensland.

As a result, the judge directed a verdict of acquittal, meaning that the jury was instructed to return a verdict of not guilty due to the lack of evidence to support the charges against the defendant. The judge also noted other difficulties in the prosecution's case, such as issues with the alleged date of the offense and the geographic location.

In summary, the case revolved around the defendant's alleged supply of MDMA to himself, but the judge found that the evidence presented by the prosecution was insufficient to establish the charges, leading to a directed verdict of acquittal.

While the judge did state a person cannot supply a drug to themselves he did not go further in that explanation as he found there was not sufficient evidence of a crime in the first place.

 

Supplying drugs to yourself

In R v Maroney [2000] QCA 310 the court had to decide if someone could supply a drug to themselves.

Briefly the facts of the case were that in a series of telephone calls from the defendant Maroney from his prison to his co-offender Watson, formerly a fellow prisoner but by then released, the defendant initiated and arranged with Watson for the supply to him of heroin in prison. That arrangement was that for a sum of money Watson would procure the co-offender Miller to attend the prison as a visitor for the purpose of conveying a quantity of heroin to an inmate other than the defendant who, in turn, would pass it on to the defendant. Because these telephone conversations were recorded the police were able to intercept Miller with the heroin in her possession. The defendant was a heroin user and he intended it for his personal use.

The case turned on whether you could supply a drug to yourself.

Section 6 of the Drugs Misuse Act 1986 under which the charge was laid provides:

"A person who unlawfully supplies a dangerous drug to another, whether or not such other person is in Queensland, is guilty of a crime."

The key term is “supplies a dangerous drug to another”.

Judge McPherson summed up the difficulty of supplying a drug to yourself as follows

It seems to me to be plain that, in speaking of "another", s 6 predicates the existence of at least two persons, one of whom is the person who supplies the drug and the other the person who is supplied. There must, in other words, be at least one other person ("another"), apart from the supplier, to whom the drug is supplied. In drafting the provisions of s 6, there was strictly speaking no need to have said supplies "to another". It would perhaps have been enough simply to have said "supplies". No doubt, however, the reason why "another" was inserted was so as to go on and make it clear that the offence could be committed if the person to whom the drug was supplied ("such other person") was in Queensland or outside it at the time it was supplied.

All three appeal court judges concluded that a person could not supply a drug to themselves.

However this was not the end of the matter. The criminal code that controls the criminal law in Queensland has the following section:

                "Principal Offenders

7 (1)When an offence is committed, each of the following persons is deemed to have taken part in committing the offence and to be guilty of the offence, and may be charged with actually committing it, that is to say –

  …

(d) any person who counsels or procures any other person to commit the offence.

(2) Under subsection (1)(d) the person may be charged either with committing the offence or with counselling or procuring its commission.

(3) A conviction of counselling or procuring the commission of an offence entails the same consequences in all respects as a conviction of committing the offence.

Two of the three judges found that Maroney had under s 7(1)(d) of the Criminal Code counselling or procuring the other two accused to commit the offence of supplying a drug to him. Section 7(1) of the Code provides that, when an offence is committed, each of a number of specified persons is deemed "to have taken part in the offence"; and "to be guilty of" the offence; and may be charged "with actually committing it". By s 7(1)(d) those persons include any person who counsels or procures any other person to commit the offence. 

In summary if Maroney had been charged alone like in the case of R v Willis he could not be found guilty of supplying a dangerous drug to himself but because he had procured other people to supply the drug to himself then he could be found guilty as he organised others to supply the drug. It was in essence the other co-defendants actions in supplying drugs that caused Maloney to be found guilty.

For more information of supplying dangerous drugs check out our website.

If you've ever dealt with legal matters, you're probably familiar with the concept of a statutory declaration. In Australia, statutory declarations serve as formal, written statements used to affirm the truth of certain facts or matters. They play a crucial role in various legal processes, ensuring transparency and accuracy.

Statutory declarations are often used to verify facts or circumstances for legal purposes, such as applying for a visa, claiming an insurance benefit, transferring a ticket or fine to another person or transferring property.

One essential aspect of statutory declarations is that the information in them cannot be a lie. Lying or making a false declaration on a statutory declaration in Queensland is covered under section 11 of the Statutory Declarations Act 1959.

In this article, we'll delve into the significance of Section 11 and explore two noteworthy cases being R v Ndizeye [2006] QCA 537 and Amin v Queensland Police Service [2020] QDC 260.

Overview

Section 11 states that:

False declarations

A person must not intentionally make a false statement in a statutory declaration.

Penalty:  Imprisonment for 4 years.

 

The Statutory Declarations Act outlines the requirements and conditions that must be met for a person to take a statutory declaration. This legislation emphasizes the importance of understanding the contents of the declaration and the consequences of making false statements. The goal is to ensure that individuals making statutory declarations are fully aware of the legal implications of their statements and that they make truthful declarations.

A false statement in a statutory declaration is one that is not true or correct in some material particular. This means that the statement must be relevant or important to the purpose or effect of the statutory declaration. For example, if you make a statutory declaration to support your visa application, and you falsely state that you have never been convicted of any offence, that would be a false statement in a statutory declaration.

However, not every mistake or error in a statutory declaration amounts to a false statement. The person making the statutory declaration must have an intention to deceive or mislead by making the false statement. This means that they must know that the statement is false, or be reckless or wilfully blind to its falsity. For example, if you make a statutory declaration based on information that you honestly and genuinely believe to be true, but later turns out to be false, you may not have committed an offence under section 11.

Key points of Section 11 include:

1. Requirement of Understanding: The person making the statutory declaration must have a proper understanding of the declaration's content.
2. False Declarations: It is crucial for declarants to comprehend that making a false declaration is a criminal offense and may lead to penalties.
3. Penalties: Penalties for making false declarations can include imprisonment or fines, underscoring the seriousness of the matter.

Now, let's examine how Section 11 has been interpreted and applied in real-life cases.

Case Summaries

R v Ndizeye

In this case, the appellant pleaded guilty to making a false statutory declaration by falsely stating that he was not the driver of a motor vehicle that incurred a speeding infringement but his mother was. He did this to avoid liability for the demerit points. He made the false statutory declaration before a Justice of Peace at the Brisbane Magistrates Court.

The sentencing judge imposed a sentence of 175 hours of unpaid community service within 12 months, disqualified him from holding or obtaining a driver's licence for four months, and ordered that convictions be recorded for each offence.

The appellant appealed against the recording of convictions, arguing that it would affect his employment prospects. He also submitted that he had cooperated with the police, had no previous convictions, had shown remorse, and had performed well on his community service order.

The Court of Appeal upheld his appeal and removed the recording of the conviction. The Court held that making a false statutory declaration was a serious offence that struck at the heart of the administration of justice, and that ordinarily a conviction would be called for but his personal circumstances warranted no conviction being recorded.

 

Amin v Queensland Police Service

In this case, the appellant was convicted, by his plea of guilty, of three offences of making a false statutory declaration by falsely stating that he was not the driver of a motor vehicle at the time that it was detected by a camera for speeding offences. He did this to avoid demerit points and fines.

The presiding magistrate imposed a global fine of $2,500 and ordered that convictions be recorded for each offence.

The appellant appealed against the recording of convictions, arguing that it was manifestly excessive and that it would affect his employment opportunities especially his ability to be able to practice as a medical professional. He also submitted that he had limited criminal history, had shown remorse, had paid the fines, and had a disadvantaged background.

The District Court dismissed his appeal and confirmed the recording of convictions. The Court held that making a false statutory declaration was a serious offence that involved dishonesty and deception, and that the recording of convictions was within range and not manifestly excessive. The Court also noted that the appellant had made three false statutory declarations on separate occasions, which showed a pattern of offending. The Court found that the offences the offences were serious and strike at the heart of the administration of justice.

 

Frequently Asked Questions (FAQ)

What is the purpose of Section 11 of the Statutory Declarations Act (Cth)?

Section 11 ensures that individuals making statutory declarations are aware of the content and consequences of their statements. It emphasizes the seriousness of making false declarations and outlines penalties for such actions.

 

What are the penalties for making a false statutory declaration?

Penalties for making a false statutory declaration can include imprisonment or fines, as outlined in the relevant legislation.

 

Why is understanding the content of a statutory declaration important?

Understanding the content of a statutory declaration is crucial to ensure that declarants are fully aware of the truthfulness of their statements. It helps maintain the integrity of legal processes and prevents the submission of false information.

 

Who can witness a statutory declaration?

A statutory declaration can be witnessed by any person who is authorised by law to do so. This includes justices of peace, lawyers, police officers, doctors, teachers, accountants, engineers, pharmacists, and many other professionals. A full list of authorised witnesses can be found on the Commonwealth Attorney-General's Department website.

 

What is the maximum penalty for making a false statement in a statutory declaration?

The maximum penalty for making a false statement in a statutory declaration is imprisonment for 4 years.

 

What is the difference between a statutory declaration and an affidavit?

A statutory declaration is a formal statement of facts made under oath or affirmation, while an affidavit is a formal statement of facts made under oath. The main difference between the two is that a statutory declaration can be made in front of a witness, while an affidavit must be made in front of a Justice of the Peace, Commissioner of Declaration or a Lawyer.

 

Summary

Section 11 of the Statutory Declarations Act (Cth) makes it an offence to intentionally make a false statement in a statutory declaration. The maximum penalty for this offence is imprisonment for 4 years. It is important to be aware of the consequences of making a false statement in a statutory declaration, as the penalties can be severe. If you are unsure about whether or not you can make a statutory declaration, it is always best to seek legal advice.

Remember, the information provided in this article is intended for general informational purposes only and is not a substitute for legal advice.

If you have been charged with a criminal offense in Queensland, you may be considering representing yourself in court. However, there are many reasons why this is a bad idea, it is a risky decision that could have severe consequences for your future. In this article, we will explore the critical reasons why you should never represent yourself in court and instead seek the professional expertise of a skilled Queensland-based criminal law firm.

 

You Are at a Disadvantage

The prosecution will have a team of experienced lawyers and police officers working on your case. They will have a deep understanding of the law and the courtroom process. You, on the other hand, will be representing yourself with no legal training or experience. This puts you at a significant disadvantage.  

Lawyers spend years studying and practicing law, ensuring they understand the intricacies of the legal process and know how to present a strong defence. Without this specialised knowledge, you could easily misunderstand critical legal procedures, jeopardising your case and your rights.

 

You May Make Mistakes

Even if you are familiar with the law, you may make mistakes in the courtroom. This could include saying the wrong thing, failing to follow the rules of evidence, or presenting your case in a way that is not persuasive. These mistakes could cost you your case. A seasoned criminal lawyer will meticulously handle all aspects of your case, minimizing the risk of costly mistakes.

 

You will likely have Limited Negotiation Skills in Regards to Criminal Law Matters

Many criminal cases involve case conferencing and negotiations. A seasoned criminal lawyer knows how to negotiate with prosecutors to potentially reduce charges or secure more lenient facts. Attempting to negotiate without proper legal training and knowledge could lead to unfavourable outcomes, leaving you with harsher consequences than necessary.

 

You will have Inadequate Understanding of Courtroom Etiquette

Courts operate on strict rules of conduct and procedure. Representing yourself without prior experience in a courtroom setting could result in missteps and poor etiquette. This could negatively impact the judge or magistrate, ultimately influencing their perception of your case. A criminal lawyer is well-versed in courtroom etiquette, ensuring that your case is presented in the most favourable manner.

 

You May Be Emotionally Invested

If you are the one who has been accused of a crime, you are likely to be emotionally invested in your case. This can make it difficult to think clearly and make rational decisions. A lawyer can help you to stay calm and focused on the legal issues.

 

You May Not Be Able to Afford a Lawyer

You may think that you cannot afford to hire a lawyer, however many lawyers offer fixed fees at fairly reasonable rates. Just don’t assume all lawyers are too expensive to hire. If you think you cannot afford a lawyer, you should still speak to one about your case. They can give you advice on your options and help you to prepare for court.

 

The Importance of Legal Representation

A lawyer can help you to understand the charges against you, gather evidence in your defence or present your case in the most effective way possible so that you get the lowest penalty and perhaps no conviction recorded. They can also negotiate with the prosecution on your behalf and help you to reach a favourable outcome.

If you are facing criminal charges in Queensland, you need to speak to a lawyer as soon as possible. The experienced criminal lawyers at Clarity can help you to understand your rights and options, and they will fight to protect your freedom. Contact us today to schedule a consultation.

 

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

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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.

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

 https://youtu.be/_vuWWm7IytY

 

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.