Archive for the 'Criminal Law' Category

WorkCover fraud and appeal on sentence

Wednesday, March 10th, 2010

WorkCover Queensland v Stanley [2010] QDC 48 Sandra Stanley pleaded guilty before her Honour Magistrate Cornack in respect of 1 charge of “returning to a calling” pursuant to sections 533 and 535 of the Workers Compensation and Rehabilitation Act 2003 (Qld) and 3 charges of making a false and misleading statement pursuant to section 534. [...]

Chief Justice goes on radio to address anger at bikeway rapist case

Wednesday, February 24th, 2010

Courier Mail UPDATE: IN an unprecedented act, the state’s top judge has responded to public anger over a decision to cut the Brisbane bikeway rapist’s jail term. The Chief Justice Paul de Jersey urged the public to carefully read the full Court of Appeal judgment before condemning a decision to reduce the “bikeway rapist” Luke Colless’s [...]

Concurrent civil and criminal proceedings – ‘right to silence’ & stay

Monday, February 22nd, 2010

Hamilton Island Enterprises Ltd & Anor v Johnston [2010] QCS 38   Civil proceedings for damages for breach of contract of employment, conversion, or alternatively equitable compensation had been first commenced. Subsequently, 22 police charges under the Criminal Code 1899 (Qld) relating to the applicant’s employment were laid with a further 14 charges shorlty before the application. An  [...]

Kirk v IRC NSW & Ors (HCA) – “If a risk was or is present, the question is – what action on the part of the employer was or is required to address it? The answer to that question is the matter properly the subject of the charge”

Friday, February 5th, 2010

Kirk v Industrial Relations Commission; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales (Inspector Childs) [2010] HCA 1 (3 February 2010)    The High Court quashed the convictions flowing from the death of Mr Graham Palmer in a farming accident. Mr Palmer was employed by Group Holdings Pty Ltd as the [...]

A-G’s 2nd bite of the cherry

Tuesday, November 10th, 2009

R v Brown; ex parte A-G (Qld) [2009] QCA 342 The Attorney General appealed the sentence imposed on a plea of guilty by the sentencing judge who ordered six years concurrent imprisonment on each count of unlawful wounding and lesser concurrent terms of imprisonment in respect of the remaining offences. The indictments were for burglary [...]

Anti-bikie styled legislation

Thursday, October 29th, 2009

Criminal Organisation Bill 2009 There has been much media attention in respect of ‘anti-bikie’ styled legislation.  The Bill was finally introduced to parliament today. There is general concern that its application is far reaching and not limited to bikies. Brisbane Barrister – David Cormack

Contempt of court

Sunday, October 18th, 2009

  R v Ogawa [2009] QCA 307 At paragraph [59] The jury panel was assembled in the courtroom and the appellant was brought into the courtroom. She then made the following statements: “Help, don’t. [Indistinct] killing me. Help. Help. Help. White Australians killing me. This Judge is always [indistinct] help me. Help. Help. Help. Help. Help. [...]

Some topics of interest from the QLS Criminal Law Conference 2009

Tuesday, October 13th, 2009

Opening  The Fitzgerald Report – Past Present and Future by The Honourable John Jerrard QC, Ian Berry, Ralph Devlin SC, David Fagan (Courier Mail), Terry O’Gorman and Nigel Powell. Closing plenary on sentencing Her Honour Justice Holmes, David Adssett, Paula Morreau, Elizabeth Wilson and Andrew Boe discussing: R v Riseley; ex parte A-G (Qld) [2009] QCA 285 [...]

Criminal Law Conference 2009

Sunday, October 11th, 2009

Looking forward to the conference tomorrow at the Sebel and Citigate Hotel. Interesting topics and speakers. Brisbane Barrister David Cormack

Disclosure – section 590AB Criminal Code

Wednesday, October 7th, 2009

Section 590AB Criminal Code

David Cormack, Barrister