“Ashworth Lawyers brings clear legal knowledge and expertise to the table. Communication was prompt and helpful when I need it the most, I’m very satisfied with the outcome that I got since it was much better than expected ”
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We act in all criminal offences in Queensland. We have over 10 years combined experience in criminal law and represented defendants in over 800 cases between our lawyers. We are experienced Brisbane criminal lawyers.
We represent persons in all traffic offences. This includes drink driving, drug driving, disqualified driving, unlicensed driving, careless driving, and dangerous operation of a motor vechile charges. We also act in work licence applications and special hardship order applications.
July 2019 - Brisbane District Court - fraud over $100,000.00, money laundering, 8 years’ imprisonment parole eligibility after 2 years
April 2019 - Holland Park Magistrates Court - food safety - fine & no conviction recorded
February 2019 - Brisbane Magistrates Court - insurance fraud - successful negotiations, charges discontinued
December 2018 - Brisbane Magistrates Court - extortion, distribute prohibited recordings, receiving tainted property - negotiated charges resulting in $700 fine & no conviction recorded
September 2018 - Brisbane Magistrates Court - fraud - successful justice mediation, charge discontinued
August 2018 - Brisbane Magistrates Court - stealing - good behaviour bond, no conviction recorded
August 2018 - Brisbane District Court - possess child exploitation material - wholly suspended sentence
August 2018 - Brisbane Magistrates Court - stealing - good behaviour bond, no conviction recorded
June 2018 - Maroochydore Magistrates Court - stealing - $1500 fine, no conviction recorded
April 2018 - Byron Bay Local Court - aggravated break and enter - 9 months imprisonment, with immediate release on parole after serving 3 months
February 2018 - Brisbane District Court - possessing child exploitation material - 6 months wholly suspended imprisonment and probation
January 2018 - Brisbane District Court - possessing child exploitation material - 12 months wholly suspended imprisonment
January 2018 - Brisbane Magistrates Court - sexual assault - $1000 fine, no conviction recorded
January 2018 - police investigation - rape - discontinued
October 2017 - Holland Park Magistrates Court - enter premises and commit indictable offence - discontinued
October 2017 - Strathpine Magistrates Court - special hardship order application - successful
October 2017 - Supreme Court of Queensland - trafficking in a dangerous drug - 3 years imprisonment with immediate release on parole
September 2017 - Holland Park Magistrates Court - driving under the influence of liquor - $1200 fine and 9 months disqualification
September 2017 - Supreme Court of Queensland - trafficking in a dangerous drug - 4 years imprisonment to be suspended after serving 10 months
August 2017 - Sandgate Magistrates Court - common assault - discontinued
July 2017 - Brisbane Magistrates Court - assault occasioning bodily harm - discontinued
June 2017 - Brisbane District Court - assault occasioning bodily harm - probation
May 2017 - Cairns District Court - dangerous operation of a motor vehicle causing grievous bodily harm, assault occasioning bodily harm - wholly suspended term of imprisonment
March 2017 Ipswich Magistrates Court - defending domestic violence application - application discontinued
March 2017 Brisbane Magistrates Court - supply dangerous drugs - discontinued
March 2017 - police investigation for dangerous operation of a motor vehicle causing death - investigation finalised - no charges laid
January 2017 Beenleigh Magistrates Court - unlawful wounding - discontinued
January 2017 Supreme Court of Queensland - attempted possession of a marketable quantity of an unlawfully imported border controlled drug - not guilty
January 2017 Brisbane Magistrates Court - sexual assault - $1000 fine, no conviction recorded
September 2016 Brisbane Magistrates Court - enter premises and commit indictable offence - discontinued
September 2016 Brisbane Magistrates Court - careless driving - $500 fine
August 2016 Beenleigh Magistrates Court - possess restricted drug - discontinued
January 2016 Southport Magistrates Court - unlicensed driving (demerit points) - minimum 6 months disqualification and $200 fine
January 2016 Brisbane Magistrates Court - contravention of domestic violence order - 6 months good behaviour bond, no conviction recorded
November 2015 Brisbane Magistrates Court - unlawful stalking (x2), obstruct police officers - charges discontinued
October 2015 Police Investigation - unlawful stalking and using a carriage service to harass, menace or offend - no charges laid, investigation finalised
October 2015 Ipswich Magistrates Court - possess drugs (x2), possess utensils and pipes, possess property suspected of being acquired, unlawful possession of restricted drugs - good behaviour bond, no conviction recorded
October 2015 Redcliffe Magistrates Court - unlawful possession of weapons (x3), possess dangerous drugs (x2), drug driving - 12 months probation order, 1 month disqualification of driver's licence
September 2015 Brisbane Magistrates Court - Unlawful Wounding substituted for Assault Occasioning Bodily Harm Whilst Armed - 2 years probation and 240 community service hours, no conviction recorded
August 2015 - Supreme Court of Queensland - Application for leave to manage company - application successful
August 2015 Brisbane Magistrates Court - Acts intended to cause Grievous Bodily Harm, Going armed so as to cause fear - charges dismissed
August 2015 Downing Centre Local Court (Sydney) - participate in criminal group (charge dismissed), deal with property suspected proceeds of crime (13 months imprisonment wholly suspended)
August 2015 Brisbane Magistrates Court - possession of a dangerous drug - drug diversion
June 2015 Brisbane Magistrates Court - engaging in prostitution through a business and possess tainted property - charges dismissed
June 2015 Beenleigh Magistrates Court - driving an unregistered vehicle and uninsured vehicle - successful negotiations and charges dismissed
June 2015 Brisbane Magistrates Court - false declaration - $1000 fine, no conviction recorded
May 2015 Supreme Court of Queensland - importing a commercial quantity of a border controlled drug - 8 years imprisonment with a non-parole period of 4 years
May 2015 Southport Magistrates Court - threatening the safety of an aircraft - no case to answer (substituted for interfering with the performance of a crew member - $1000 fine, conviction recorded)
May 2015 Brisbane Magistrates Court - produce dangerous drugs - good behaviour bond, no conviction recorded
Criminal law - news
Changes to rules for holders of special hardship orders
Drivers granted a special hardship order (SHO) after 1 July 2019 will be unable to accrue any demerit points whilst subject to the order. Previously, drivers under a SHO were permitted to incur a further three demerit points before a driver licence suspension was imposed. Under the new changes the accumulation of any demerit points while subject to a SHO will result in an immediate driver licence suspension for double the initial suspension period.
Prosecutions of Strangulation Offence in Queensland
On 5 May 2016 a specific offence for choking, strangulation or suffocation in a domestic setting was introduced in Queensland with a maximum penalty of 7 years imprisonment. The introduction of the offence followed recommendations by the Special Taskforce on Domestic and Family Violence in Queensland. Between 2016-17 and 2017-18, 404 offenders were sentenced for the offence. These cases involved a total of 482 charges for the offence of strangulation. In this period, 97.2 per cent of sentenced offenders who had a strangulation offence received a custodial penalty. Eight offenders received a non-custodial penalty. The average sentence was 1.9 years. The metropolitan region, including Brisbane and Southport, had the most number of strangulation cases, and Far North Queensland had the least.
Review of the ‘mistake of fact’ defence in Qld rape cases
In 2019, the Queensland government has said it will refer the use of the ‘mistake of fact’ in sexual assault and rape cases to the Queensland Law Reform Commission for review. Currently, it is a defence in Queensland to rape and sexual assault if the accused had and honest and reasonable belief that the victim has given consent. Once the defence is raised by the accused, the prosecution must prove beyond a reasonable doubt that the victim did not provide consent. A report from the Commission is expected early next year which will contain recommendations for possible reform. Reforms may follow other States, such as Tasmania where “positive consent” is required, or New South Wales where a mistaken belief defence is not available to those who show "reckless indifference" to a victim's consent.
In 2018, the Office of the Director of the Public Prosecutions instigated an Early Resolution Pilot to facilitate the early resolution of criminal matters. The aim is for the parties to participate in early negotiations to finalise matters or have them moved to the higher courts within 100 days.
On 30 March 2018, new laws commenced, which gives the court power to impose a bail condition requiring a person charged with a criminal offence to wear a tracking device. This allows the Queensland police to monitor the location the person whilst on bail. This will be useful especially in cases involving serious crime, a person with criminal history, a person with breaches of bail in the past, or international citizens. We act in all bail applications and please contact us to discuss further.
In 2017, new laws relating to domestic violence offences in Queensland were passed. This includes increasing the duration of domestic violence orders to a minimum of 5 years unless the court is satisfied there are reasons for a shorter order. There is also an increase in penalty for persons charged with breaching a domestic violence order.
From 1 July 2018, a new offence of industrial manslaughter has been inserted into the Work Health and Safety Act 2011 (Qld). This means that a person conducting a business, or a senior officer, can be found guilty of negligently causing the death of a worker in Qld.
On 22 March 2018, the District Court considered whether a person was driving whilst unlicensed, when they had a valid Victorian licence, but not a Queensland licence. If a person has taken up residence in Queensland for 3 months, then the authority to drive on the interstate licence is withdrawn. The question was whether the person had taken up residence in Queensland. The court found that the person did not, as to 'reside' includes to settle, to take up one's abode.