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South East Queensland most trusted criminal law firm

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Grievous Bodily Harm

 

Grievous bodily harm, though not technically a type of assault charge under Queensland law is one of the most serious offences a person can face for causing harm and injury to another person. Grievous bodily harm in Queensland is viewed by the courts as a serious charge needing to be punished by imprisonment in almost all cases.

What is grievous bodily harm?

Grievous bodily harm is defined under section 320 of the Criminal Code (QLD) as:

Any person who unlawfully does grievous bodily harm to another is guilty of a crime

Grievous bodily harm means;

  1. the loss of a distinct part or an organ of the body; or
  2. serious disfigurement; or
  3. any bodily injury of such a nature that, if left untreated, would endanger or be likely to endanger life, or cause or be likely to cause permanent injury to health;

whether or not treatment is or could have been available.

Grievous bodily harm is not technically an assault charge but is generally treated as the assault charge above assault occasioning bodily harm. You will often hear lawyer and prosecutors refer to the charge as “GBH”.

 

What does the prosecutor need to prove?

 The prosecution must prove that:

  1. That the defendant committed the act that led to the charge
  2. That the defendants actions caused or substantially caused grievous bodily harm to the victim
  3. That the act was done unlawfully

“unlawfully” means not authorised, justified or excused by law.

It is important to note that assault is not a part of a grievous bodily harm offence and therefore does not require proof that an ‘assault’ occurred or that the defendant intended for the injury to occur. As a result of this a person cannot consent to a grievous bodily harm charge occurring to them.

It also does not matter that the injury could have healed by itself, or a person could have obtained medical treatment to heal the injury.

 

What happens in court?

What happens in court very much depends if a person is pleading guilty or not guilty.

Grievous bodily harm assault is an indictable offence. This means the charges start in the Magistrates Court but must ultimately be determined in the District Court. The process from moving to the District Court from the Magistrates Court is known as a committal. It can take 8-12 months to get from the Magistrates Court to the District Court.

If a person pleads not guilty to the charge of serious offence then a trial will take place before jury in the District Court

If a person plead guilty then the District Court judge will decide the penalty.

 

Can the charges be reduced or withdrawn?

It depends very much on the facts, it is possible however in certain circumstances. We have a comprehensive article on case conferencing 

In some very limited circumstances it might be able possible to refer the charge to justice mediation with the possibility of the charge being withdrawn after a successful justice mediation.

 

What is the punishment for grievous bodily harm?

The maximum penalty for the offence is 14 years imprisonment.

There are a number of steps that should be taken immediately after being charged that may reduce the likelihood of a term of imprisonment or reduce any imprisonment these include;

  • providing a written apology to the victim
  • character references
  • treatment for any underlying mental health issues (e.g. anger management or alcohol counselling)

The penalty depends on a number of factors including

  • the circumstances of the offence
  • The injury to the victim and how they recovered
  • The defendants criminal history

In 99% of cases before Queensland courts from 2013 to 2020 a term of imprisonment was imposed. 15% of defendants had their imprisonment fully suspended meaning they spent no time in prison, the rest served some period of time in prison. This is why an experienced criminal lawyer is so critical as 85% of people are required to serve time in prison.

 

Will a conviction be recorded?

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 punishment is a prison sentence, even wholly suspended, a conviction must be recorded and given 99% of convictions result in imprisonment then the recording of a conviction for grievous bodily harm, if the charge is not reduced or withdrawn, is an almost certainty.

 

What defences might exist?

A number of defences may be available to grievous bodily harm these include;

  • self defence
  • self defence of another
  • accident
  • mistake

Unlike other assault charges provocation is not a defence to a charge of grievous bodily harm

We will be able to advise you if we believe you have a defence available to you.

 

The police want to talk to me about a charge of grievous bodily harm

It is critical you do not talk to the police without getting legal advice first. Talking to the police without legal advice could cause massive problems and result in you having to serve time in prison.

We have an article on your right to silence and Declining a police interview

 

Why engage a lawyer?

Its simple, experienced criminal lawyers know the law, the judges, the prosecutors and the court process. A person without that knowledge will quickly become overwhelmed.

Every week we get calls from people who represented themselves, had a harsh penalty imposed or conviction recorded and are desperate to try and change the outcome which at that stage is almost impossible.

Grievous bodily harm is a charge where you must have a lawyer represent you in court.

 

What courts do you cover?

We cover all courts in South East Queensland. 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 grievous bodily harm 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 fee for our services that means no hidden charges or unexpected bills. 

Our prices for a guilty plea to a grievous boldly harm guilty plea include;

  • full preparation for court including checking for defences and devising strategy to minimise penalty
  • negotiations with the prosecution unit including obtaining criminal history and charge 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

Email us and we will provide a fixed price quote.

 

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

If you want to engage us or just need further obligation free 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. Visit our website at www.claritylaw.com.au 
  3. Call us on 1300 952 255 seven days a week, 7am to 7pm
  4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Other articles that may be of interest

Serious Assault

 

The charge of serious assault was introduced into Queensland law after concerns police officer, ambulance officers and older Queenslanders were suffering from a higher rate of assaults. It is, as the name suggests serious assault is a serious offence and one that carries a very harsh punishment. It is one of a number of different types of assault charge in Queensland.

 

What is serious assault?

Serious assault generally occurs when a person assaults a police officer, other public official, a person over the age of 60 or a disabled person.  It is not a defence to state that it was not known that the person assaulted was a police officer or over 60.

Section 340 of the Criminal Code sets out the legislation for serious assault.

 

What does the prosecutor need to prove?

 The prosecution must prove that:

  1. The defendant assaulted the victim.

A person who strikes or otherwise applies force of any kind to the person of another without the other person’s consent is said to have assaulted that person;

  1. That the victim was a police officer or over 60 or disabled;
  1. If the victim was a police officer that they were acting in execution of their duty

It is not a defence that the defendant did not know the person assaulted was a police officer

It is a circumstance of aggravation if the defendant assaults a police officer in any of the following circumstances:

  • the defendant bites or spits on the police officer or throws at, or in any way applies to, the police officer a bodily fluid or faeces;
  • the defendant causes bodily harm to the police officer;
  • the defendant is, or pretends to be, armed with a dangerous or offensive weapon or instrument.

It is a circumstance of aggravation for any offence the act if the offence is committed in a public place while the person was adversely affected by an intoxicating substance

 

What happens in court?

What happens in court very much depends if a person is pleading guilty or not guilty.

Serious assault is an indictable offence. This means the charges start in the Magistrates Court but must ultimately be determined in the District Court. The process from moving to the District Court from the Magistrates Court is known as a committal. It can take 8-12 months to get from the Magistrates Court to the District Court.

If a person pleads not guilty to the charge of serious offence then a trial will take place before jury.

If a person plead guilty then the District Court judge will decide the penalty.

 

Can the charges be reduced or withdrawn?

It depends very much on the facts, it is possible however in certain circumstances. We have a comprehensive article on case conferencing 

In some limited circumstances it might be able possible to refer the charge to justice mediation.  If this occurs and the justice mediation is successful the case could be withdrawn.

 

What is the punishment for serious assault?

The maximum penalty for the offence is 7 years imprisonment but where a person bites or spits at an officer or causes bodily harm to a police officer the maximum sentence increases to 14 years.  

The courts in Queensland take a very tough approach to people who are found guilty or plead guilty to spitting on a police officer and a term of actual imprisonment is almost certain.  There are a number of steps that should be taken immediately after being charged that may reduce the likelihood of a term of imprisonment or reduce any imprisonment these include;

  • providing a written apology to the victim
  • proving a person’s medical history to show they suffer from no communicable diseases (if appropriate)
  • character references
  • treatment for any underlying mental health issues

The penalty depends on a number of factors including

  • the circumstances of the offence
  • if it involved spitting where the spittle hit the officer (eg if on face)
  • The injury to the victim and how they recovered
  • The defendants criminal history

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 punishment is a prison sentence, even wholly suspended, a conviction must be recorded

 

What defences might exist?

A number of defences may be available to serious assault these include;

  • provocation
  • self defence
  • accident

In some cases a defence of honest and reasonable mistake in relation to whether the officer was on duty at the time.   E.g. if the defendant acted under an honest and reasonable but mistaken belief that the person assaulted was in the act of committing a felony or breach of the peace

We will be able to advise you if we believe you have a defence available to you.

 

Why engage a Lawyer?

Serious assault is a charge where you must have a lawyer represent you in court.  This is a charge that not properly handled can have devasting outcomes and long term problems for a person.

 

What courts do you cover

We cover all courts in South East Queensland from The Gold Coast to Gympie. 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.  

We have offices at;

  • Brisbane
  • Gold Coast
  • Sunshine Coast
  • Ipswich
  • Logan

Click here for out office locations.

Click here for a full list of courts we attend

 

What do you charge?

We charge a flat fee for our services that means no hidden charges or unexpected bills. We will provide a quote before starting any work so you know to the cent what you will be charged.

Our prices include every cost for us to undertake your matter.  

 

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

If you want to engage us or just need further obligation free 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. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Common Assault

 

Common assault is well quite a common charge in the Queensland courts. This page is designed to give a comprehensive overview of common assault laws in Queensland.

 

What is an assault?

The definition of an assault is where a person strikes, touches, moves, or otherwise applies force of any kind to another person, directly or indirectly, without the other person’s consent or threatens to apply force of any kind to another provided that the person making the attempt or threat has the ability to carry it out.  As you can see the definition of assault is wide enough that you can be charged with common assault merely by threatening an assault.

 

Are there different types of assaults?

There are a number of different types of assault charges in Queensland ranging from common assault to assault occasioning grievous bodily harm.

 

What is common assault?

Common assault is the most frequent assault charge that the Queensland courts hear. Generally a person will be charged with common assault where the person assaulted has only minor injuries or no injuries at all. We often find this type of offence occurring in “pub brawl” types of situation or disputes between groups of people or quite commonly disputes at work that turn physical. A person can be charged with common assault just by threatening to assault someone.

 

What does the prosecutor need to prove?

The prosecutor needs to prove all of these elements of a common assault charge

  1. that the act was an assault
  2. that another person was assaulted
  3. that the other person did not consent to the assault
  4. that that assault was not authorised or justified or excused by law

 

What court hears the charge?

The charge is a misdemeanour and will be heard in the local Magistrates Court.

 

Are there any defences?

A number of defences may be available to an assault charge these include;

  • provocation
  • self defence including self-defence of others
  • accident
  • duress
  • necessity

 

Pleading Guilty

If you are charged with a common assault charge and you are pleading guilty you will appear before a Magistrate to be sentenced. In Queensland over 90% of matters are dealt with in the Magistrates Courts. A Magistrate, when sentencing you, for this offence will take into account the facts of the case, any previous criminal history and your personal circumstances. The best way to ensure a successful outcome is to make sure your circumstances and the facts of the case are put in a clear and concise way before the Magistrate.

If you are seeking for no conviction to be recorded it is important that the Magistrate understands how having a criminal record might affect you in the future.

 

Pleading Not Guilty

You can enter a plea of not guilty to the charge of common assault and elect to take the matter to a trial. The matter is dealt with in the Magistrates Court and no jury is present, only a Magistrate. If you plead not guilty, a brief of evidence will be served upon your lawyers. The brief of evidence contains all the evidence against you usually consisting of statements by alleged victim(s), witnesses and any forensic evidence. At the trial witnesses, police and any experts attend Court to give evidence orally. The witnesses are then made available for cross-examination by your lawyers. You have the right to give evidence at your trial or elect not to give evidence at all.

 

What is the penalty for common assault?

The maximum penalty for the offence is 3 years imprisonment. If the assault took place in a public place and the defendant was intoxicated the court will impose community service of between 40 and 240 hours in addition to any other penalty.

In general a first time offender with no criminal history might expect;

 

The court is required under the Penalties and Sentences Act to consider the following when sentencing someone charged with common assault:

  • the risk of physical harm to any members of the community if a custodial sentence were not imposed
  • the need to protect any members of the community from that risk
  • the personal circumstances of any victim of the offence
  • the circumstances of the offence, including the death of or any injury to a member of the public or any loss or damage resulting from the offence
  • the nature or extent of the violence used, or intended to be used, in the commission of the offence
  • any disregard by the offender for the interests of public safety
  • the past record of the offender, including any attempted rehabilitation and the number of previous offences of any type committed
  • the antecedents, age and character of the offender
  • any remorse or lack of remorse of the offender
  • any medical, psychiatric, prison or other relevant report in relation to the offender
  • anything else about the safety of members of the community that the sentencing court considers relevant

 

What have you achieved for clients in the past?

  1. Client was charged with common assault after tapping a person’s leg at work. The client says he tapped the persons leg to emphasised he should lift with his legs to avoid back injuries. The police would not drop the charge however on the morning of the trial we were finally about to convince the prosecutor to withdraw the charge.
  2. Client struck someone who yelled a racist insult at them. We were able to have the prosecutor withdraw the charge
  3. Our client and a friend got into a fight. Client was charged with common assault. We were able to have the matter referred to justice mediation and after that occurred the charges were withdrawn.

 

Why should I choose you and not just represent myself?

Just some reasons include:

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

 

What courts do you attend?

We attend every court in South East Queensland from the Gold Coast to Gympie. We have offices at:

Brisbane

Bluedog Business Centre - Level 1, 16 McDougall Street, Milton 4064

Phone: 0730677017 

 

Southport

Corporate Centre One - Level 15, 2 Corporate Court, Bundall 4217

Phone: 0756132683

 

Sunshine Coast

Suite 4, 66 Duporth Avenue, Maroochydore 4558

Phone: 1300 952 255

 

Ipswich

Ipswich Corporate Office - 16 East Street, Ipswich 4305

Phone: 0734850147

 

Loganholme

M1 Business Centre - Level 2, 3972 Pacific Highway, Loganholme 4129

Phone: 0736680683 

 

Brendale

North Brisbane Serviced Offices - 3/22-24 Strathwyn Street, Brendale 4500

Phone: 0734850184

 

What do you charge?

We have fixed fees for all matters so you know exactly what you will pay.  Click here to see what we will charge.

 

Links that may be of assistance

Client Testimonials

Link to our Blog

FAQ’s

List of Queensland Courts and their contact details

 

How to get in contact with us if you need a lawyer for a common assault charge?

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

 

If I contacted you what would occur?

If you contact us then Steven Brough the firm’s founder or our office manager Belinda Smyth will take the call or receive the email. They have 40 years legal experience between them, we can provide immediate legal assistance and answer any questions you have. We will discuss your case, provide guidance and send a quote by email with additional relevant information about your charge, all at no cost.

If you want to engage us then it’s easy, there is a form you can complete and email back or complete online. If you don’t want to engage us or want to engage another firm that’s fine, you won’t be hassled and at worst you will just have more information about your charge.

Once engaged one of our lawyers will go through your matter and contact you to discuss what the best way forward is to achieve the best results. In many cases you won’t even need to come into the office. Every one of our lawyers are very experienced with thousands of courts appearances between them and they know the courts and the Magistrates.

 

Useful links

Producing Dangerous Drug

 

Being charged with producing a dangerous drug is a serious charge under Queensland law and requires expert legal representation.

What is drug production?

The legal definition of drug production in Queensland is quite simple, Section 8 of the Drugs Misuse Act states that A person who unlawfully produces a dangerous drug is guilty of a crime”

The legislation also goes on to define produce as:

  • prepare, manufacture, cultivate, package or produce
  • offering to do any act specified in the line above
  • doing or offering to do any act preparatory to, in furtherance of, or for the purpose of, any act specified in the legislation

As you can see you don’t actually have to produce drugs to be charged with the offence, you could for example be charged by offering to help someone produce drugs or offering to buy supplies or equipment for drug production. The courts have also found offering to fund the production of a drug is enough to be charged.

 

What does the prosecutor have to prove?

To be found guilty of producing a dangerous drug the prosecutor would need to prove that;

  1. you did or offered to help produce a dangerous drug
  2. that the production was not authorised, justified or excused by law

 

What defences are available?

Certain defences that are available for other offences don’t apply to production of drugs. In some cases it will be an defence if you knew the substance produced wasn’t a dangerous drug however the mere step of preparing to produce a dangerous drug is enough to be found guilty.

In certain circumstances a defence of mistake might be available. For example you might have been asked to obtain materials or chemicals and that you had no idea and no reasonable belief those products would be used to produce a dangerous drug.

It will take an experienced criminal lawyer to look at the facts and advise if any defences are available.

 

What drugs are illegal to produce?

The Drugs Misuse Act defines a dangerous drug to be;

  1. drugs specified in Schedule 1 or 2 of the Drugs Misuse Regulation
  2. a derivative or analogue of a Schedule 1 or 2 Drug
  3. a thing that has, or is intended to have, a pharmacological effect of a schedule 1 or 2 drug

Schedule 1 lists the most serious drugs, including;

  • Amphetamine
  • Methylamphetamine
  • LSD
  • MDMA
  • Certain Steroids

Schedule 2 lists the drugs considered by the Queensland Government as less serious than schedule 1 drugs.  Drugs listed in Schedule 2 include:

  • Cannabis
  • Ketamine
  • Oxycodone
  • Opium
  • Magic mushrooms

 

Can the charge be reduced?

Case conferencing (negotiations) with the prosecutor should always take place to try and either reduce the charge or reduce the seriousness of the allegations. We have an article on Negotiating with a Prosecutor in Queensland

 

What Court will the charge be heard in?

If the drug is a schedule 2 drug and under the limits set in schedule 3 then the Magistrates Court will determine the matter. For example the limit for producing cannabis is 500 grams or 100 plants. If it is a schedule 2 drug over the schedule 3 limit or a schedule 1 drug then either the District Court or Supreme Court will need to finalize the matter.

 

What are the penalties for drug production?

The maximum penalty for producing a dangerous drug is 25 years’ imprisonment if the drug is on the schedule 1 list, while the maximum penalty for Schedule 2 drug is 20 years’ imprisonment. These penalties apply if the amount of drugs produced are above the schedule 3 limits.

 

What can be done to reduce the penalty?

Negotiations with the prosecutor to try and reduce the charge would be the most important thing.

The actual penalty depends on a number of factors including;

  1. The drugs involved
  2. The amount of drugs produced
  3. The sophistication of the production setup
  4. The period the production occurred over
  5. The offenders age
  6. The offenders circumstances
  7. The offenders previous criminal history, if any

 

Recording of a conviction

If the court imposes a prison sentence, even if it is wholly suspended, the court must record a conviction.

 

The police want to talk to me about an allegation of producing 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

 

Engaging Clarity Law to act for you

Engaging us gives you the best chance at obtaining the lowest penalty.   We are one of the leading criminal law firms in South East Queensland.  We appear every week in the courts with people charged with drug offences, it is this experience that allows us to get the best result for clients.  Other law firms simply don’t have the experience that we do and don’t know the judges like we do.  Just some of the benefits of us acting for you include;

  1. we know the judges and what they want to hear to give you the best outcome
  2. we have good relationships with the police prosecutors and the DPP
  3. we are there to help you through the process and make everything as stress free as possible, in most cases you will not have to say anything in court
  4. engaging us shows the court you are taking your charges seriously
  5. you will be fully informed of what is to happen in court and what this means for you after court
  6. unlike the police or the Judge, we are there to look after you, your privacy and your interests

If you are charged with any drug offence we can assist you.

 

What courts do you appear in?

We appear in every court in South East Queensland from the Gold Coast to Brisbane and up to the Sunshine Coast.  Just some of the courts we appear in for drug offences are;

Beenleigh Magistrates Court

Brisbane Magistrates Court

Caloundra Magistrates Court

Caboolture Magistrates Court

Cleveland Magistrates Court

Gatton Magistrates Court

Gympie Magistrates Court

Holland Park Magistrates Court

Ipswich Magistrates Court

Maroochydore Magistrates Court

Noosa Magistrates Court

Pine Rivers Magistrates Court

Richlands Magistrates Court

Redcliffe Magistrates Court

Sandgate Magistrates Court

Southport Magistrates Court

Wynnum Magistrates Court

For a full list of Courts we appear in click here.

 

What do you charge?

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

 

How do I get in touch with Clarity Law?

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

Remember contacting us is obligation free, we can give you some initial advice, provide a quote for work that has to be done next and we will leave you to make up your own decision on the best law firm for you.

 

Other articles that may be of interest

Drug Trafficking

 

Trafficking is the most serious drug charge in Queensland. In essence drug trafficking is supplying drugs on a commercial basis. People charged with trafficking are almost always sentenced to a prison sentence. It is critical if you are charged with drug trafficking to get immediate advice from an experienced criminal defence lawyer.

 

What is trafficking?

Trafficking is the carrying on a business of supplying dangerous drugs, it has a more commercial basis distinct from lower level supplying drug offences. In general it is like someone has decided to open up a business selling drugs.

The charge below trafficking is supplying dangerous drugs. That charge is generally where selling of drugs took place but it was less organized, less commercial and often the sales were to friends or a limited amount of people.   It is important to note that even if a person is charged by the police with drug supply rather than trafficking the Department of Public Prosecutions (“DPP”) can decide on the indictment to change the charge to Trafficking.

 

What is carrying on a business?

Carrying on a business can mean only one sale however in general just a few sales of drugs would not be enough. The expression means a continuous course of conduct engaged in to obtain a reward of a commercial character. The reward need not be money, though it most often is, it could be the sellers payment was some of the drugs being sold.

 

What does the prosecutor have to prove?

The prosecutor must prove the following elements for a person to be found guilty:

  1. The items sold was one specified as a dangerous drug by the Drug Misuse Act 1986
  2. The drug in question was unlawfully supplied,
  3. The person carried on the business of supplying drugs, and
  4. The alleged person was actually the supplier

 

What defences are available?

Certain defences that are available for other offences don’t apply to trafficking of drugs. In some cases it will be an defence if you knew the substance supplied wasn’t a dangerous drug.

In certain circumstances a defence of mistake might be available.

It will take an experienced criminal lawyer to look at the facts and advise if any defences are available.

 

What drugs can be trafficked?

The Drugs Misuse Act defines a dangerous drug to be;

  1. drugs specified in Schedule 1 or 2 of the Drugs Misuse Regulation
  2. a derivative or analogue of a Schedule 1 or 2 Drug
  3. a thing that has, or is intended to have, a pharmacological effect of a schedule 1 or 2 drug

 

Schedule 1 lists the most serious drugs, including;

  • Heroin
  • Amphetamine
  • Cocaine
  • Methylamphetamine
  • LSD
  • MDMA
  • Certain Steroids

 

Schedule 2 lists the drugs considered by the Queensland Government as less serious than schedule 1 drugs.  Drugs listed in Schedule 2 include:

  • Cannabis
  • Morphine
  • Ketamine
  • Codeine
  • Methadone
  • Oxycodone
  • Opium
  • Magic mushrooms

 

Can the charge be reduced?

Possibly, negotiations (case conferencing) with the DPP or Police Prosecutor can and most often should occur. Negotiations can occur about many things such as the facts, the appropriate penalty, defences or whether the charge could be reduced from trafficking to supplying drugs.

We have an article on negotiating charges with a prosecutor

 

What Court will the charge be heard in?

The charge will start in the Magistrates Court but will be transferred to the Supreme Court to be finalised.

 

What are the penalties for drug trafficking?

ChartGo (1).png

 

The chart above shows the outcomes for the 2,996 people sentenced in Queensland for trafficking from December 2013 to November 2020.

Wholly Susp is a wholly suspended prison sentence meaning the person was not ordered to spend any time in prison.

Part Susp means only part of the sentence was suspended and the person was required to spend some time in prison.

Prison is people who were required to spend a significant amount of time in prison before being released on parole.

As you can see prison is the sentence 99% of the time with almost 85% of people required to serve actual time in prison.

 

What can be done to reduce the penalty?

Negotiations with the prosecutor to try and reduce the charge would be the most important thing.

The actual penalty depends on a number of factors including;

  1. The drugs involved
  2. The amount of drugs
  3. The amount of transactions
  4. The period the trafficking occurred over
  5. The amount of money involved
  6. The offenders age
  7. The offenders circumstances
  8. The offenders previous criminal history, if any

 

Recording of a conviction

If the court imposes a prison sentence, even if it is wholly suspended, the court must record a conviction.

 

What is a serious drug offender certificate?

If the court sentences a person for trafficking they can issue a serious drug offender certificate. This certificate may be used by the Queensland Government as part of an application to obtain an order from the Supreme Court to forfeit assets of the offender to the State under Chapter 2A of the Criminal Proceeds Confiscation Act 2002.

 

The police want to talk to me about an allegation of trafficking or 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

 

Engaging Clarity Law to act for you

Engaging us gives you the best chance at obtaining the lowest penalty.   We are one of the leading criminal law firms in South East Queensland.  We appear every week in the courts with people charged with drug offences, it is this experience that allows us to get the best result for clients.  Other law firms simply don’t have the experience that we do and don’t know the judges like we do.  Just some of the benefits of us acting for you include;

  1. we know the judges and what they want to hear to give you the best outcome
  2. we have good relationships with the police prosecutors and the DPP
  3. we are there to help you through the process and make everything as stress free as possible, in most cases you will not have to say anything in court
  4. engaging us shows the court you are taking your charges seriously
  5. you will be fully informed of what is to happen in court and what this means for you after court
  6. unlike the police or the Judge, we are there to look after you, your privacy and your interests

If you are charged with any drug offence we can assist you.

 

What courts do you appear in?

We appear in every court in South East Queensland.  Just some of the courts we appear in for drug offences 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

For a full list of Courts we appear in click here.

 

What do you charge?

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

 

How do I get in touch with Clarity Law?

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

Remember contacting us is obligation free, we can give you some initial advice, provide a quote for work that has to be done next and we will leave you to make up your own decision on the best law firm for you.

 

Other articles that may be of interest

Drug Supply

 

A charge of supplying drugs is a serious offence under Queensland laws. Often people charged with supplying a dangerous drug can expect a prison sentence to be imposed by the Queensland Courts. This page is designed to provide more information on the offence of supplying drugs in Queensland and especially those facing the charge in Brisbane, Gold Coast, Sunshine Coast and Ipswich.

 

Legislation

In Queensland the Drugs Misuse Act and Drugs Misuse Regulation set down the law in regards to drug offences.

A person who unlawfully supplies a dangerous drug to another, whether or not such other person is in Queensland, commits the offence “supplying dangerous drugs.” The offense can be committed either in its simple form or the aggravated form.  The aggravated form attracts harsher penalties.  The offence is “aggravated” when the person who receives the drug is a minor or an intellectually impaired person. Also, it takes the aggravated form if it is supplied to the other person within an education institution or a correctional facility or if the receiver is not aware of the fact that he/she is being supplied with the drug.

 

Meaning of supply

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.

“Unlawfully” means without authorisation, justification or excuse by law.  

In Queensland we have what is known as an extended definition of supply. What this means is acts that you might not otherwise think could be the supply of a dangerous drugs can in fact be considered under the law to be a supply.

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

 

What are dangerous drugs?

The Drugs Misuse Act defines a dangerous drug to be;

  1. Drugs specified in Schedule 1 or 2 of the Drugs Misuse Regulation
  2. A derivative or analogue of a Schedule 1 or 2 Drug
  3. a thing that has, or is intended to have, a pharmacological effect of a schedule 1 or 2 drug

 

Schedule 1 and Schedule 2 drugs

Schedule 1 and 2 drugs are listed in the Drugs Misuse Act.

Schedule 1 lists the most serious drugs, including;

  • Heroin;
  • Amphetamine;
  • Cocaine;
  • Methylamphetamine;
  • LSD
  • MDMA
  • Certain Steroids

Schedule 2 lists the drugs considered by the Queensland Government as less serious than schedule 1 drugs.  Drugs listed in Schedule 2 include:

  • Cannabis;
  • Morphine;
  • Ketamine;
  • Codeine;
  • Methadone;
  • Oxycodone;
  • Opium;
  • Magic mushrooms.

 

What does the prosecutor need to prove?

To prove a supplying drugs charge the prosecution has to establish that;

  1. The thing was one specified as a dangerous drug by the Drug Misuse Act 1986,
  2. The drug in question was unlawfully supplied, and
  3. The alleged person was actually the supplier.

 

Can you negotiate with the prosecutor?

Yes, negotiations (case conferencing) with the DPP or Police Prosecutor can and most often should occur. Negotiations can occur about many things such as the facts, the appropriate penalty, defences or whether the charge should be withdrawn or reduced.

We have an article on negotiating charges with a prosecutor

 

What courts 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.

 

Defences

Certain defences that are available for other offences don’t apply to supply of drugs. In some cases it will be an defence if you knew the substance supplied wasn’t a dangerous drug.

In certain circumstances a defence of mistake might be available.

It will take an experienced criminal lawyer to look at the facts and advise if any defences are available.

 

Can I be charged with other drug offences as well as supply?

Yes, and its quite common. People are often charged with supply and possession. More details on other drug offences can be found here

  

FAQ

I sold some drugs but I didn’t make any profit from it, I just sold it for the same price I bought it for. Can I still be charged with supply? - YES

I gave the drugs to my friends as we all put in to buy drugs for a party. Can I be charged with supply? – YES

I sold some drugs but It turned out to be fake and wasn’t a dangerous drug. Can I still be charged with supply? - YES

I sold drugs, I knew it was fake. Can I be charged with supply? – Possibly not

I didn’t sell drugs, a friend wanted to buy drugs and I gave him the name of someone I knew sold drugs, that was it. Can I be charged with supply? - YES

 

Penalty

The maximum penalty for the aggravated supply of a drug specified in Schedule 1 is 25 years imprisonment whereas the penalty for the simple form is 20 years. As for the drugs specified in Schedule 2, 20 years imprisonment is for the aggravated supply, and 15 years imprisonment for simple form of the offence.  

Possible outcomes include:

  • Prison (this can be suspended or a parole date set)
  • Intensive Corrections Order
  • Probation
  • Community Service Order
  • Fines

The actual penalty depends on a number of factors including;

  1. The drugs involved
  2. The amount of drugs
  3. The amount of supplies
  4. The period the supplies occurred over
  5. The offenders age
  6. The offenders circumstances
  7. The offenders previous criminal history, if any

In addition the court will likely issue a Serious Drug Offence Certificate. The issue of this certificate may have serious consequences. This certificate may be used by the State as part of an application to obtain an order from the Supreme Court to forfeit assets to the State under the Criminal Proceeds Confiscation Act 2002.

 

Recording of a Conviction

If the court imposes a prison sentence, even if it is wholly suspended, the court must record a conviction. If however the court imposes a fine or probation then the court has a discretion whether to record a conviction. In those cases the court will look at the following factors

  1. the nature of the offence; and
  2. the offender’s character and age; and
  3. the impact that recording a conviction will have on the offender’s—
    1. economic or social wellbeing; or
    2. chances of finding employment.

We have an article on our blog about the recording of a conviction

 

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.

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 we have achieved for clients

Case study 1 - Client charged with supplying schedule 1 dangerous drug at a music festival.  Client was young and had no previous criminal offending.  As it was a schedule 1 drug the charge had to be heard in the District Court.  We were able to convince the court to impose probation and community service and not to record a conviction meaning the client could travel to the USA as planned.

Case study 2 - Client charged supply of schedule 2 drugs namely cannabis to friends.  The Court agreed to impose a fine only and no conviction was recorded.

 Case study 3 – Client charged with supply of a schedule 1 drug. Client was young and had no criminal history. The police agree to reduce the charge and client was able to plead guilty in the Magistrates Court and receive a fine and no conviction was recorded.

Case study 4 – Client charged with schedule a schedule 1 drug, we were able to have the Police drop the charges on the basis they could not prove our client ever thought or knew the drug supplied was in fact a dangerous drug.

Case Study 5 – Client charged with supplying LSD (a schedule 1 drug) , Client had bought the drugs for friends and made no profit from the sale. He was only caught as 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 example of great results for clients charged with supplying dangerous drugs

 

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

 

Do I need a Lawyer?

Do not attempt to represent yourself in the court on a drug charge.  For minor charges if the court records a conviction against you it may affect your ability to travel internationally and to gain employment.  For more serious charges especially those involving schedule 1 drugs then a prison could be imposed.

 

Why engage Clarity Law?

The most important reasons to engage us are;

  1. We have fixed prices for all our work meaning you will know exactly what your legal fees will be
  2. Our experience, we have over 60 years combined experience in drug offences
  3. Ease of engagement – we don’t make you come into our office unnecessarily as email, zoom calls and telephone work best for most people
  4. Locations, we have 6 office locations across South East Queensland and appear in all courts from Southport to Brisbane and north to Gympie

 

What courts do you appear in?

We appear in every court in South East Queensland.  Just some of the courts we appear in for drug offences 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

 

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

Drug Lawyer Brisbane

 

Each year around 17,000 Queenslanders are charged with some form of drug offence. Getting clear advice from an experienced criminal lawyer can make all the difference to the outcome of a drug charge in the Brisbane Courts.

At Clarity Law was have been representing clients from Brisbane charged with drug offences such as drug possession , drug supply, drug production and trafficking since 2010. If you need a lawyer for your drug charge in Brisbane we would be happy to represent you.

 

Possession

It is an offence in Brisbane to possess certain drugs which are considered to be dangerous drugs.  Drug possession is the most common drug offence heard in the Brisbane Courts.  The law states that a person who possesses a dangerous drug is guilty of a crime. The prosecution has to prove beyond reasonable doubt two things, that:

  • the thing in question was a dangerous drug
  • the person had it in his/her possession.

Possession involved both physical possession and custody of the drugs, it is not relevant who actually owned the drugs. Therefore a person could be charged with drug possession for having someone else’s drugs in say their bedroom. It does not matter that the person did not intend to consume the drugs only that they had possession.

The following are some of the defences to possessing a dangerous drug;

  1. If the defendant can prove that he or she was not aware, reasonably and honestly did not believe or had no knowledge or reason to suspect that the drug in question was in his possession.
  2. That the defendant was under duress at the material time.

The penalty for the possession of dangerous drugs depends on the type and the quantity of the drug and certain other considerations such as whether the defendant is drug dependent.  The maximum sentence is 25 years imprisonment.

The Magistrates Court can only deal with certain possession charges where the prosecution is not alleging any commercial intent with the possession and the amount of the drug is less than the limits in schedule 4 of the Act.  Dangerous drug cases are dealt with in the District or Supreme Court where the amount of drugs exceeds the limit of the Magistrates Court.  Generally the limit for most drugs to be heard in the Magistrates court are 2 grams and 500 grams for cannabis, though there are a number of exceptions.

In most cases of simple possession of a small amount of drugs a first time offender can expect to receive a fine or drug diversion.  If a fine is imposed the court must decide whether to impose a conviction or not.  If drug diversion is imposed no conviction will be recorded.

We have a dedicated Drug Possession Charge page with lots more information.

 

Supply

A person who unlawfully supplies a dangerous drug to another, commits the offence of “supplying dangerous drugs.” The offense can be committed either in its simple form or the aggravated form.  Aggravated form attracts harsher penalties. To prove a supplying drugs charge the prosecution has to establish that;

  1. The thing was one specified as a dangerous drug by the Drug Misuse Act 1986,
  2. The drug in question was unlawfully supplied, and
  3. The alleged person was actually the supplier.

 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.

“Unlawfully” means without authorisation, justification or excuse by law.   Penalty for the offence of supplying dangerous drugs depends on two factors.

  • The schedule which specifies the drug is question.
  • Whether the supply of the drug leads to an aggravated offence in the circumstances.

The maximum penalty for the aggravated supply of a drug specified in Schedule 1 is 25 years imprisonment whereas the penalty for the simple form is 20 years. As for the drugs specified in Schedule 2, 20 years imprisonment is for the aggravated supply, and 15 years imprisonment for simple form of the offence.  

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.

 

Production

According to Section 8 of the Drugs Misuse Act, a person who unlawfully produces a dangerous drug is guilty of a crime.  Again it is the duty of the prosecution to establish beyond reasonable doubt that the alleged person actually produced the drug in an unlawful manner and that the drug is one specified in Schedule 1 or 2 of the Drugs Misuse regulations 1987. However, the sentence the convicted person will receive depends on several factors.

  • The type of the drug as specified by Schedule 1 and 2,
  • The quantity of the drug, and
  • The purpose of producing the drugs.

The maximum penalty is 25 years imprisonment. However, the court usually considers all the other relevant factors when sentencing the person convicted of the offence and therefore the sentence can be reduced to in most circumstances.

These types of offences can range from growing a small amount of cannabis to producing schedule 1 drugs in a drug lab.

 

Trafficking

This is the most serious of all the drug charges.  It involves supplying drugs as part of a commercial operation.  In most cases the police will have attempted to intercepted phone calls and texts to provide the commercial intent.

The charge will start off in the Magistrates Court but will be transferred or committed to the Supreme Court to be resolved.

 

Court Drug Diversion

For certain less serious drug offences the Brisbane Magistrates Courts might allow a person to attend drug diversion and not be punished further.

The amount of drugs must be minor and for personal use and you must plead guilty to the offence. The charge must be possession of drugs and cannot be supply or trafficking.

Details of the course can be found here

 

Qld drug schedules

Schedule 1 drugs are considered to be the most dangerous drugs; the penalties in relation to them are more severe.  A few examples for the schedule 1 drugs are cocaine, heroin, LSD, amphetamines and speed. 

Drugs specified in Schedule 2 are considered to be comparatively less dangerous than those which mentioned in Schedule 1, although both these categories are referred to as “dangerous drugs”.  Drugs which fall within the second category include Cannabis, Morphine, prescription drugs where a person does not hold a prescription and synthetic drugs.  

 

Trafficking v Supplying drugs

The main difference between supplying drugs and trafficking drugs is that trafficking suggests more than just a few isolated sales of drugs it is the carrying on the business of selling drugs for financial reward.

 

No conviction for drug charges

It is often possible to get no conviction recorded for certain drug offences. It very much depends of the circumstances of the offence however the courts generally look at:

  • The offenders age and character
  • The impact that recording a conviction will have on the offenders economic and social wellbeing and chances of finding employment
  • The nature of the offence

If however a period of imprisonment is imposed by the court, even if it is suspended, then a conviction must be recorded.

 

Drug offence penalties

The potential penalties for a drug offence can vary wildly from a small fine or drug diversion up to actual imprisonment.

Generally the factors the courts look at when deciding on the penalty for a drug offence are;

  1. A offenders criminal history
  2. The drugs involved
  3. The amount of drugs
  4. The harm or potential harm of the offence
  5. The offenders personal circumstances
  6. The offenders age

An experienced criminal defence lawyer can advise further on what a penalty may be.

 

Brisbane Courts

There are two Magistrates Courts, a District Court and a Supreme Court that can potentially hear different types of drug charges in Brisbane

Brisbane Magistrates Court (arrest Court)

240 Roma Street

Brisbane Qld 4001

 

Brisbane Magistrates Court

363 George Street

Brisbane Qld 4001

 

Brisbane District and Supreme Courts

415 George St

Brisbane City QLD 4000

 

Why Hire a Lawyer for a drug charge?

Drug charges can have serious consequences. The recording of a conviction would likely see an offender prevented from travelling overseas and could affect their ability to obtain employment.

The penalty for more serious drug offences can also include a prison sentence. Obtaining legal advice and assistance from an experienced criminal defence lawyer is essential. A good drug offence lawyer will be able to negotiate with the prosecutor to try and reduce the seriousness of the charges and plan out the best way to reduce the penalty and the consequences of the charge.

 

Why Choose Clarity Law for your drug charge?

Experience and understanding. You need a lawyer that truly knows how to run a drug charge matter in the court but also one that takes the time to properly explain the process to you.

 

Our Brisbane office

BLUEDOG BUSINESS CENTRE

Level 1/16 McDougall St,

Milton QLD 4064

Phone: 3067 7017

Link to our Brisbane Office

 

What do you charge?

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

Our fees include:

  • full preparation for court including checking for defences and devising strategy to minimise penalty
  • negotiations with the prosecutor including obtaining criminal history and charge documents
  • all telephone calls, faxes 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 drug charge click here

 

Other articles that may be of interest

 

Contact us

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

Ther is no obligation if you contact us. We will provide you with further information and guidance and a quote for our services and leave you in peace to make a decision on what you want to do.

Assault Occasioning Bodily Harm

 

Assault occasioning bodily is a serious offence to be charged with in Queensland. This page is designed to provide information to people who are charged with assault occasioning bodily harm or just need more information about the charge and what the court process is and what the penalties may be.

A charge of assault occasioning bodily harm requires an experienced criminal lawyer to get the best result, never go to court without a lawyer with this charge.

 

What is Assault Occasioning Bodily Harm?

The criminal code is the legislation in Queensland that covers the charge of assault occasioning bodily harm. It provides at section 339 that;

Any person who unlawfully assaults another and thereby does the other person bodily harm is guilty of a crime

The definition of an assault is where a person strikes, touches, moves, or otherwise applies force of any kind to another person, directly or indirectly, without the other person’s consent or threatens to apply force of any kind to another provided that the person making the attempt or threat has the ability to carry it out.

Bodily harm means any injury that interferes with the complainant’s health or comfort. As you can see even a fairly minor injury could meet the definition of bodily harm.

 

How do the police usually investigate this charge?

The police are usually called to investigate after receiving a complaint from the victim or a witness. Generally the police will take a statement of the victim and any other person that witnessed the assault. They will then seek out any CCTV or other footage. Finally they will seek out the alleged defendant and see if they will make a statement (if you are asked to give a statement always seek legal advice before agreeing).

 

What do the police or DPP need to prove?

To successfully prosecute the charge of assault occasioning bodily harm the police or Department of Public Prosecutions (“DPP”) must prove beyond a reasonable doubt that;

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

 

What court hears the charge of assault occasioning bodily harm?

The charge of assault occasioning bodily harm 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. If the matter is determined in the Magistrates court then the police prosecution unit will be the prosecutor. If the matter is heard in the District court then the DPP will prosecute the matter.

 

What defences to assault occasioning bodily harm exist?

In Queensland a prosecutor must prove on the evidence that a person committed an offence. A person who is charged with a criminal offence may defend themselves by relying on a number of defences or combination thereof. We have a separate article on defences to an assault charge.

A number of defences may be available to an assault charge these include;

  • provocation
  • self defence
  • accident
  • duress
  • necessity

The defence most often raised for an assault occasioning bodily harm charge is self defence, self defence of another or provocation.

If successful, a defence may result in a charge being reduced to a lesser offence, the charges being withdrawn, or a person being acquitted (found not guilty) of the offence. The two most common defences used against assault charges are Provocation and Self Defence. While these are the most common, there are a number of other factors that can help build a possible defence.

 

Provocation

Under section 268 of the Criminal Code provocation provides a complete excuse with relation to an assault charge. This does not make the act lawful however it does absolve you of any criminal responsibility resulting from the assault.

Provocation is defined as “any wrongful act or insult of such a nature as to be likely, when done to an ordinary person…to deprive them of the power of self-control, and to induce to person to assault the person by whom the act is done”.

In order to prove provocation, there must be both a loss of self-control and provocative conduct from the person assaulted. Generally the response must be immediate or in the heat of the moment. The burden is on the accused to bring sufficient evidence to satisfy the court of provocation.

Provocation is not a defence when charged with Grieves Bodily Harm or Wounding.

 

Self Defence

Unprovoked Assault

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

 

Provoked Assault

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

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

 

Acting in The Aid of Others

Under section 273 of the Criminal Code in any circumstance where self-defence may apply it is also lawful for a person outside of the initial altercation who is acting in good fail to use a similar degree of force for the purpose of defending another person.

 

Can this charge be withdrawn or reduced?

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 assault, what injury the victim has suffered and any reason why the assault may have occurred.

Some examples of successful case conferencing we have achieved are;

  • An AOBH charge was 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 the charge 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.

For more information on other case conferencing success stories for assault charge please click here.

 

What are the potential penalties if pleading guilty or being found guilty?

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.

The court has a wide variety of penalties it can impose for a person pleading guilty to or found guilty of an assault charge, the type of penalty the court might impose depends on the charge, the circumstance of the offending, the person’s previous criminal history and the injuries suffered by the victim.  The types of penalties the court could impose includes;

  • Good behaviour bond
  • Fine
  • Community service
  • Parole
  • Jail sentence with immediate parole
  • Jail sentence wholly suspended
  • Intensive corrections order (ICO)
  • term of actual imprisonment

For a full explanation of the types of penalties for assault charge click here.

In practise the court would rarely impose a penalty less than a fine. In most cases the penalties range from a fine to actual imprisonment, of the 4,638 assault occasioning bodily harm charges heard in Queensland Magistrates court since October 2014 the results expressed as a percentage were;

 Good behaviour bond   

  3.6%

 Fine

26.3%

 Probation

19.1%

 Community Service

  6.3%

 ICO

  1.0%

 Prison (suspended)  

13.8%

 Prison (actual)

29.7%

As the statistics show in almost one third of cases a person is sentenced to a term of actual imprisonment.

 

Can Clarity Law help me?

Engaging Clarity Law gives you the best chance at obtaining avoiding a jail sentence or not having a conviction recorded. We appear every week in the courts with people charged with assault, it is this experience that allows us to get the best result for clients.  Other law firms simply don’t have the experience that we do.

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

 

Do you have an office near me?

We appear in every court in South East Queensland between The Gold Coast and Bundaberg and out to Toowoomba and beyond. We also have a 5 star rating on Google and Facebook. Check out of customer testimonials here. We have offices at:

 

Sunshine Coast

Level 3, 14-18 Duporth Avenue

Maroochydore 4558

Phone: 1300952255

 

Brisbane

Level 1, 16 McDougall Street

Milton

Phone: 0730677017 

 

Southport

Level 15, 2 Corporate Court

Bundall

Phone: 0756132683 

 

Loganholme

Level 2, 3972 Pacific Highway

Loganholme

Phone: 0736680683 

 

Ipswich

16 East Street

Ipswich

Phone: 0734850147 

 

Brendale

3/22-24 Strathwyn Street

Brendale

Phone: 0734850184 

 

What courts do you appear in?

We appear in every court in South East Queensland including;

 

Brisbane

Beaudesert Magistrates Court

Beenleigh Magistrates Court

Brisbane Magistrates Court

Cleveland Magistrates Court

Holland Park Magistrates Court

Pine Rivers Magistrates Court

Redcliffe Magistrates Court

Sandgate Magistrates Court

Wynnum Magistrates Court

 

Gold Coast

Coolangatta Magistrates Court

Southport Magistrates Court

 

Sunshine Coast

Caloundra Magistrates Court

Caboolture Magistrates Court

Gympie Magistrates Court

Maroochydore Magistrates Court

Nambour Magistrates Court

Noosa Magistrates Court

 

Ipswich

Ipswich Magistrates Court

Richlands Magistrates Court

 

Darling Downs

Gatton Magistrates Court

Toowoomba Magistrates Court

 

Other articles that may be of interest

 

What would happen if I contacted you?

Your call, email or contact us form will be handled by our founder Steven Brough or client liaison manager Belinda Smyth. They have over 40 years legal experience between them. They can give immediate advice and assistance. We will discuss your case, provide guidance and send a fixed price quote by email with additional relevant information about your assault occasioning bodily harm charge, all at no cost.

If you want to engage us then it’s easy, there is a form you can complete and email back or complete online. If you don’t want to engage us or want to engage another firm that’s fine, you won’t be hassled and at worst you will just have more information about your charge. Once engaged one of our lawyers will go through your matter and contact you to discuss what the best way forward is to achieve the best results. Every one of our lawyers are very experienced with thousands of courts appearances between them and they know the courts and the Magistrates and Judges.

You will never be hassled to come with us.

 

How do I get more information or engage Clarity Law 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. Visit our website at www.claritylaw.com.au 
  3. Call us on 1300 952 255 seven days a week, 7am to 7pm
  4. Email This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Disclaimer: This article is for general information and is not legal advice.  The law or the practice of the court may have changed since this article was published.  Always obtain legal advice if you need to appear in court.

Liability limited by a scheme approved under professional standards legislation

Drug Possession

 

Possession of a dangerous drug is one of the most common offences that comes before Queensland Magistrates Courts. Drug possession charges can have a devastating effect on a person’s future from preventing them from being able to obtain certain work to being unable to travel overseas. Even a minor drug possession charge can result in a serious penalty. At Clarity Law we have experienced drug possession lawyers who know the best way to get the best outcome in any court in South East Queensland including Brisbane, the Gold Coast, the Sunshine Coast, Ipswich and Beenleigh.

There are often questions about whether or not a person actually possessed the drugs at the time of the offence.  Engaging an experienced lawyer who understands a drug possession charge in Queensland is critical.

 

What drugs are illegal?

In Queensland illegal drugs are classified as either schedule one or schedule 2 drugs. Schedule 1 drugs are the most serious and include;

  • heroin
  • cocaine
  • amphetamine
  • methlyamphetamine (commonly known as ice, or crystal meth)
  • lysergide (commonly known as LSD)
  • methylenedioxymethamphetamine (MDMA, commonly known as ecstasy)
  • steroids

Schedule 2 are considered less serious and include;

  • Cannabis
  • Codeine
  • Psilocybin (Mushrooms)
  • Opium
  • Oxycodone

The Drugs Misuse Regulation 1987 specifies how serious the possession charge is based on how much drugs the person possessed. For example possession of cocaine under 2g can be dealt with in the Magistrates Court while possession of over 2g must be dealt with in the Supreme Court.

 

What is the definition of possession of drugs?

All drug offences are defined in the Drugs Misuse Act in Queensland. However, bizarrely, the Drugs Misuse Act does not actually define what possession means. In order to understand the legal definition of possession, one must look to the Queensland Criminal Code Act 1899 that defines possession as including:

"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."

So what does constitute possession of drugs?

 

Physical possession

Physical possession of drugs is broadly defined. It is the physical control or custody of a thing with the knowledge that you have that physical control or custody. You cannot possess a thing unless you know you have it or that you can exercise custody or control of that if it's not in your physical possession at the time. It is not however necessary to prove that a person knows the thing that they possess is actually drugs. Therefore, the situation could be that you could have physical possession of a bag that you consider to be say, for example, baking soda, but in fact, it turns out to be heroin. You, in those circumstances, can still be charged with possession of a dangerous drug.

 

Non-Physical possession of a dangerous drug

It is not necessary for the police to prove that you had physical possession of a dangerous drug at the time of the offence. Examples of this include you may have ordered drugs over the internet. You may have received notification from the post office that they are available for collection. In that case, you would have been deemed to have non-physical possession because you and you alone have the ability to collect the drugs from the post office.

Another example might be that the drugs were locked in a car glove box to which you had the only key. In that case, non-physical possession of a dangerous drug can be proven and you can be charged with possession of a dangerous drug. However, if it can be shown that although you knew the existence of the drugs, you had not yet decided to take control or custody of the drugs. For example, if drugs are left in a bottom drawer in your room by someone else and that you had no particular intention to do anything with the substance, even though you knew the substance was there, you would have a defence that you did not have control or non-physical possession of the dangerous drugs.

               

Joint possession

It is possible, and in fact is quite often the case, that people are charged with joint possession of a dangerous drug. Police often raid places where drugs are in plain sight being used by two or more people. In that case, those people can all be charged with possession of a dangerous drug, even though the actual owner of the drugs cannot be identified.

 

Deemed possession

The Drugs Misuse Act provides that proof of a dangerous drug was at the material time in a place that the occupier owned, managed, or controlled is conclusive evidence that the drug was in that person's possession. This section essentially places criminal responsibility on those who are occupiers or concerned with the management or control of a place. This is often used where drugs are found in a house, say a shared flat in an open area, such as a living room, and where no one claims ownership of those drugs, then the owner or occupier of that house could be charged with possession of the drugs.

In that case, that owner occupier would have to prove that they neither knew nor had any reason to suspect that drugs would be present. This is known as a reversed onus of proof, in that it is the defendant having to prove that they did not know the drugs were there and had no reasonable suspicion that there would be drugs.

As to the definition of occupy, it is not enough that a person was simply present at a property. They have to have either legal occupation of the area or in some way have the ability to exclude other people from an area. This would be, for example, a person who physically owns a house or a person who has entered into a lease and has control of that house and has the ability to exclude other people.

 

Momentary control

A person can be charged with possession of a dangerous drug, even though they had control of the drugs for only a very short period of time. Some examples of this have been where the police have entered into a room, a person has slid a bag of drugs under a newspaper in an attempt to hide them from the police, and in that case, that person was deemed to be in possession of the dangerous drugs. Another example is where a person was sitting on a veranda. The police arrived and they threw drugs that belonged to someone else over the veranda. It was held that they had asserted control over the drugs, even for a short period of time, and thus were guilty of possession of those drugs.

 

Defences to possession charges

As you read earlier, it is not an element of a possession charge that the drugs are actually drugs. In the cases where people have had possession of items that they assumed to be drugs that in fact turned out not to be, that is not actually a defence under the law. However, in those circumstances, negotiations with police prosecutors are often carried out to try and have them drop the charge on the basis that it was not a dangerous drug and that it would not be fair to prosecute this matter through the courts. We have an article on negotiating with a police prosecutor here.

One defence that may be available is that even if a person had possession and control of the drugs, they can defend it on the basis that they believed honestly and reasonably that say, for example, containers of a substance did not contain a dangerous drug.

Another example of a defence is where an occupier is charged with possessing a dangerous drug say, for example, cannabis. A defence would argue that they did not know or have reason to suspect the presence of that cannabis. This defence relies on the occupier proving not only that they did not know that the drugs were there, but perhaps more importantly, they had no reasonable suspicion that the drugs would be there. A person might not know that drugs are in the living room, but if their living room is regularly used for the smoking of cannabis, then they might have a hard time convincing a court that they had no reasonable belief that drugs would be present.

 

Penalties for drug possession in Queensland

The penalty for possessing drugs depends on a number of factors including;

  • Amount of drugs possessed
  • Purity of the drugs
  • Whether the drugs were for personal or commercial use
  • Whether a person has a criminal history
  • The circumstances of the possession charge
  • If you were addicted to drugs

For lower level drug possession charges the police have the option of using drug diversion without charging a person. Where a person is charged and the court considers it a minor charge the court can also refer a person to complete a drug diversion program and if completed no conviction is recorded.

 

Summary

As it can be seen, the laws in regards to possession of the drugs are quite complex. This article is not designed to try and replace legal advice. It is a summary of some of the general principles of the law. If you are charged with possession of a dangerous drug, you should always contact an experienced criminal lawyer to get advice. Possession of drugs and the recording of a conviction for possession of a drug can hurt a person's ability to obtain employment and almost certainly will prevent them from being able to travel to certain countries in the world.

 

Engaging Clarity Law to act for you

Engaging us gives you the best chance at obtaining the lowest penalty or avoiding a jail sentence if the offence is serious or this is not your first offence.   We are one of the leading criminal law firms in South East Queensland.  We appear every week in the courts with people charged with drug offences, it is this experience that allows us to get the best result for clients.  Other law firms simply don’t have the experience that we do and don’t know the judges like we do.  Just some of the benefits of us acting for you include;

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

If you are charged with any drug offence we can assist you.

 

What courts do you appear in?

We appear in every court in South East Queensland.  Just some of the courts we appear in for drug offences 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

 

For a full list of Courts we appear in click here.

 

Will I need to come into the office to see you?

We have offices in Brisbane, Maroochydore, Southport, Ipswich and Beenleigh but in most cases we can handle everything by email and the phone without you ever having to come into our office.  We are also open outside normal business hours for your convenience.

 

If I’m going to engage a Lawyer why should I engage Clarity Law? 

At Clarity Law we are experts in Queensland criminal law. We are in the court every single day helping people with criminal charges. We have handled hundreds of drug possession charges.

We are also a no pressure firm which means feel free to ring, we can give initial advice and help but you aren’t pressured to engage us but of course we are more than happy if you do. 

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. 

We have offices at; 

  • Brisbane 
  • Sunshine Coast 
  • Gold Coast 
  • Brendale 
  • Ipswich 
  • Loganholme

 

What do you charge?

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

We are also upfront with our fees, if you look at other law firms few, if any, clearly list how much they are going to charge you.  Clarity Law on the other hand are happy to list our prices as we are sure no other South East Queensland law firm can match our prices and experience. Our prices for a guilty plea include;

  • full preparation for court including checking for defences and devising strategy to minimise penalty
  • negotiations with the police prosecution unit including obtaining criminal history and charge documents
  • drafting submissions for the court
  • all telephone calls, faxes 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 drug charge click here.  For more serious drug charges and those that cannot be determined in the Magistrates Court or where you are pleading not guilty then contact us and we will provide a fixed price quote.

 

Other articles that may be of interest

 

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

Criminal Lawyers Toowoomba

 

Thank you for visiting our website and considering if Clarity Law might be a good choice to assist you with your criminal law charge in the Toowoomba Magistrates Court. We understand the stress and concern you will be feeling about the criminal charge and what will occur. We want to assure you that if you engaged us we will do everything we can to make sure you understand clearly what is likely to happen with your criminal charges, how much exactly you will pay for legal fees and to be there with you at Toowoomba court to take care of your criminal charges.

Engaging a good criminal law firm can be difficult, there are many great choices out there. What Clarity Law can offer is that your will have certainly of you fees as we will quote you upfront and the majority of our costs are already listed on the website. We also have the criminal law experience you need, we aren’t a firm that does criminal and other things, we just do criminal law and have done so since 2010. Everyday our lawyers are in the courts dealing with the Magistrates and Judges, negotiating with Prosecutors and assisting clients through the criminal law process. It is this experience that we can bring to your charges. We also understand you want a lawyer that will communicate with you and not just take your money and not return your calls or emails.

For most offences you wont even need to come and see us in person prior to the court date. We can often organize everything by email, telephone or video conference.

 

Where is Toowoomba Court?

159 Hume Street

Toowoomba Qld 4350

 

Business hours

8.30am to 4.30pm, Monday, Wednesday, Thursday and Friday

8.30am to 4.00pm, Tuesday

 

Phone                   (07) 4591 4700

Fax                         (07) 4591 4714

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

 

Map

https://goo.gl/maps/2vFVGxV3hvh7WwQC8

 

Magistrates

The Magistrates at Toowoomba are;

Magistrate Kay Ryan
Magistrate Catherine Pirie
Magistrate Vivian Keegan

 

Our Local Office

Ipswich Corporate Office

16 East Street, Ipswich 4305

Phone: 0734850147 

 

Please always phone ahead to book an appointment, due to COVID we can’t accept walk in clients at the current time.

 

Our Lawyers

Every one of our lawyers is extremely experienced appearing in the Toowoomba Magistrates Court every week representing people on a huge range of criminal charges from traffic offences to drug charges, assault charges and stealing and fraud offences.

Steven Brough

Russell Tannock

Lucy Ferguson

Belinda Smyth – Client Services Manager

Between our lawyers we have appeared in court thousands of times representing clients with criminal charges.

 

Our Experience

Since 2010 we have been representing people throughout the Toowoomba and logan region who have been charged with criminal offence and needs a good criminal lawyer to represent them. We aren’t a criminal law firm that does criminal law as just one area of law, we do criminal law exclusively.

Our client’s often come to us nervous, worried and needing answers. This is not a time for uncertainty over your future nor the costs you will pay. The stress that a criminal law charge causes to people can be overwhelming, having a lawyer to help will give you a lot of relief.

We strive to give you immediate comprehensive advice and a fixed fee so you can be sure of your legal costs. While we will never be the cheapest we do offer the best value in our humble opinion.

Our prices include;

  • full preparation for court and devising strategy to minimise the penalty
  • negotiations with the police prosecution unit including obtaining history and charge documents
  • preparing for what we will tell the Magistrate
  • advising you on how to obtain character references
  • all telephone calls and emails
  • detailed information to you on the penalty and information on what will happen at court and afterwards
  • appearing in the court with you to conduct a guilty plea

 

What areas of Criminal Law do you undertake?

We do every area of criminal law. This includes;

 

Why should I choose you and not just represent myself?

We understand that many people do just represent themselves in court rather than engaging a criminal law firm. The duty lawyer will often represent people for free however understand that the duty lawyer is often very busy and can only spend a few minutes with each defendant. They cannot possibly fully prepare each matter and consider all the variables.

We get calls every week from people who have represented themselves and had a terrible outcome and are now desperate to try and do something to overturn the decision. Just some of the reasons to engage Clarity Law as your criminal lawyer includes;

  1. We have appeared in Toowoomba hundreds of times this means we know what the Magistrates want to hear to minimise the penalty
  2. We can often get no conviction recorded so you are not impacted financially in the future by having your job prospects restricted or travel plans affected due to having a conviction recorded
  3. We are there to look after your interests, neither the Magistrates nor the Police Prosecutor is going to do that, you need someone on your side
  4. We can take you through the whole process so you are not worried what will occur in Toowoomba court as we would have explained everything to you and will be with you at court to assist you. This will dramatically reduce your stress levels
  5. Engaging us shows the court you are taking your charges seriously

 

Links that may be of assistance

Client Testimonials

Link to our Blog

FAQ’s

List of Queensland Courts and their contact details

Daily list of Matters in Toowoomba Courts

List of Court Calendars for Queensland Courts

 

How to get in Contact with us

If you want to engage us or just need further information or no obligation 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. email of founder This email address is being protected from spambots. You need JavaScript enabled to view it.

 

If I contacted you what would occur?

If you contact Clarity Law then Steven Brough the firm’s founder or our client services manager Belinda Smyth will take the call or receive the email. They have over 40 years legal experience between them, we can provide immediate legal assistance and answer any questions you have. You won’t need to explain everything to a receptionist just so they pass the message on to someone that can help you. We will discuss your case, provide guidance and send a quote by email with additional relevant information about your criminal charge, all at no cost and no obligation.

If you want to engage us then it’s easy, there is a form you can complete and email back or complete online. If you don’t want to engage us or want to engage another firm that’s fine, you won’t be hassled and at worst you will just have more information about your charge. Once engaged one of our lawyers will go through your matter and contact you to discuss what the best way forward is to achieve the best results.

 

More Criminal Law Information