Criminal Law

Involvement with police can often cause individuals and family members stress and anxiety. While being charged with a criminal offence may be a daunting experience, seeking advice from a lawyer can ease the stress associated with such an event. Being convicted of a criminal offence can have major consequences upon your job, family and freedom. That’s why, at Hopper Mott Bunting Lawyers, we aim to achieve the best result possible for you, in a cost effective and timely manner.

Offences we represent:

Drug Offences;
Domestic Violence Law;
Murder Offences;
Manslaughter Offences;
Strangulation Offences;
Other matters: we have successfully defended clients against cattle rustling charges!!

Criminal Law FAQs

What should I do if I am arrested?

We strongly suggest you do not participate in an Electronic Record of Interview until you have spoken to us. They police may ask you in forceful terms” “Are you refusing to participate?”. We suggest you state you would like to speak to your lawyer first and give us a call immediately. For a general guidence on this issue please refer to the video here. It is US based guidence but generally applies to Australia as well.

Do I have a right to silence?

During a police interview, you have the right to remain silent and do not have to answer police questions. However, you must provide information regarding your name, address and date of birth. A negative inference cannot be drawn from this silence or used against you in the future. If you do decide to talk to police, it is important that a lawyer accompanies you to assist you in ensuring you do not provide any incriminating information. Please refer to the video link in the “What should I do if I am arrested” FAQ above.

Do I have the right to make a phone call if charged with a criminal offence?

Yes, if you have been charged with an offence, police must provide you with the opportunity to call a friend or relative. You can ask them to be present for the duration of your police interview. However, if they interfere with the process, they will be removed. You also have the right to ask for the opportunity to telephone a lawyer. If police do not provide you with this opportunity, you have the right to delay the police interview until a lawyer can be contacted.

How long can I be detained for?

Under legislation, police cannot detain you for more than 8 hours, unless they have received express permission from a Magistrate or Justice of Peace. While police can detain you for a reasonable period, you cannot be interviewed for more than 4 hours.

Breaches of Domestic Violence Orders Assault Drugs Back to Services

Breaches of Domestic Violence Orders

A breach of a Domestic Violence Order (DVO) occurs when a person subject to such an order is alleged to have failed to comply with the conditions and restrictions specified in the order. A Domestic Violence Order is a legal document issued by the court to protect victims of domestic violence and prevent perpetrators from engaging in abusive behavior.

A Domestic Violence Order:

Domestic Violence Order (DVO): A DVO is a court order designed to protect individuals who have experienced domestic violence. It can include conditions and prohibitions tailored to the specific circumstances of the case. These conditions may include orders to stay away from the victim, not to contact the victim, or not to attend certain places.
Breach of a DVO: A breach of a DVO occurs when the person against whom the order is made (the respondent) violates any of the conditions or restrictions specified in the order. This violation can take various forms, such as:

a. Physical Contact: Making physical contact with the protected person when the order prohibits it.
b. Approaching or Stalking: Approaching or following the protected person in a manner that breaches the conditions set out in the DVO.
c. Communication: Making any form of communication with the protected person, including phone calls, text messages, emails, or social media contact, if prohibited by the DVO.
d. Failure to Attend Court: Not appearing in court on the specified date if required to do so by the DVO.
e. Other Contraventions: Engaging in any behavior that directly contradicts the conditions of the DVO.

Penalties for Breach: Breaching a Domestic Violence Order in Queensland is a serious offense. The penalties for a breach can include fines, imprisonment, or community service, depending on the circumstances and the severity of the breach. The court will take into account factors such as the respondent’s prior history of breaches and the impact on the victim when determining the appropriate penalty.
Protection and Support for Victims: Queensland law prioritises the safety and protection of victims of domestic violence. Breach of a DVO is taken seriously, and victims are encouraged to report any breaches to the police immediately. Victims can also seek assistance from support services, such as domestic violence shelters and counseling.
Applying for or Modifying a DVO: Victims can apply for a DVO or request modifications to an existing order if they believe additional protection is necessary. Legal assistance is available to help victims navigate the legal process.

A breach of a Domestic Violence Order involves an alleged violation of the conditions and restrictions set out in the order, designed to protect victims of domestic violence. Breaching a DVO is a criminal offense, and those found guilty may face legal consequences. If you have been accused of breaching a DVO it is imperative you contact us immediately to get the appropriate advice and assistance.

Assault

What is assault?

In Queensland, it is an offence under the Criminal Code Act 1899 (Qld) (the Criminal Code) to assault another person. The legal definition of an assault is when a person strikes, touches or moves, or otherwise applies force of any kind to another person, directly or indirectly, without the other person’s consent (or consent was obtained by fraud), or who by a bodily act or gesture attempts or threatens to apply force in circumstances where the person making the threat has or appears to have the ability to carry out the assault.

Assault is not limited to physically striking another. It can include the use of anything which applies heat, light, electrical force, gas or odour – anything which can cause personal discomfort or injury.

This definition is used for several offences, including Assaults Occasioning Bodily Harm and Common Assault.

Assault Definitions

Possible consequences for conviction of an Assault offence

The penalty that a person receives by a Court depends on many different factors. As a starting point, a Court will consider the type of assault that a person has been charged with. Whilst any criminal offence is serious, assaults can range from the less serious offence of Common Assault, up to one of the more serious offences of Grievous Bodily Harm.

Even the less serious offence of Common Assault carries the risk of imprisonment, so it is critical that you engage an experienced criminal lawyer to receive appropriate advice.

Common Assault

An offence of Common Assault is one of the least serious and most common forms of assault offences that come before the Courts. This type of assault offence does not require any injury to have been caused, and can include threats of assault as per the legal definition.

Common Assault offences carry a maximum of three (3) years’ imprisonment.

Assaults Occasioning Bodily Harm

An offence of Assaults Occasioning Bodily Harm is a step up from a Common Assault offence. This offence does require that the alleged victim suffered harm as a result of the assault. The penalty for this type of offence, again, depends on the amount of harm suffered by the alleged victim. The simpliciter offence (without any aggravating circumstances) carries a maximum penalty of seven (7) years’ imprisonment.

Aggravating circumstances for this type of offence include if the offender is or pretends to be armed with a weapon or is in company with one or more other people. In that case, an offender is liable for a penalty of imprisonment for up to ten (10) yea

Serious Assaults

This type of offence is, as the title suggests, more serious and carries harsher penalties than a Common Assault. This is because the law provides that offences done against certain people are more serious than others. For example, if the alleged victim:

is over 60 years of age; or
is reliant on a guide dog, wheelchair, or other assistive device (such as a walking stick or an artificial limb); or
is a Police officer, and the circumstances of the offending prevent the Police officer from carrying out their lawful duties; or
is another person who is carrying out their lawful duty, and the assault stops them from doing so or is assaulted because they have carried out their lawful duty; or
is assaulted so that another crime can be committed, or is assaulted by a person resisting arrest (of themselves or another person),

then the maximum penalty is seven (7) years’ imprisonment. This can be increased to fourteen (14) years if the alleged victim is a Police officer and the offender:

bites, spits, or throws or applies bodily fluid or faecal matter; or
causes bodily harm to the Police officer; or
is or pretends to be armed with a weapon.

Grievous Bodily Harm

This kind of offence is within the most serious range of offences, and carries a heavy maximum penalty accordingly. The Criminal Code defines grievous bodily harm as:

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

Because of the harm that an alleged victim would have to suffer for an offence to be categorised as grievous bodily harm, the maximum penalty is fourteen (14) years’ imprisonment.

Assault FAQs

What defences are available?

The law recognises that people have an inherent right to defend themselves from an assault, or circumstances they perceive as being threatening to themselves or to their health and safety. This extends to a person acting in defence of another person. There are three defences which are most commonly used in defence of an assault offence. They are Provocation, Self Defence against an unprovoked assault, and Self Defence against a provoked assault. Less commonly used, but still may be applicable, is Defence of dwelling.

What is the defence of provocation?

A person charged with an assault offence can be found not guilty if they can adequately establish that the alleged victim did or said something which provoked the alleged offender to assault them. Broadly, a Court would have to consider when this defence is raised:

whether there was an insult offered by the alleged victim to the alleged offender; and
whether that insult deprived the alleged offender of their self-control; and
whether the alleged offender acted in the heat of the moment, before there was enough time for the alleged offender’s passions to cool; and
whether the response by the alleged offender was proportionate, and is not intended to and is not likely to cause death or grievous bodily harm.

The Court needs to consider all circumstances of the alleged offender, the alleged victim, the insult offered, and the response, when assessing whether a defence of provocation is available. After all, something which might deeply and sincerely offend one person might have no effect on another person, depending on many different personal factors such as cultural background, age and language.

What is the defence of Self Defence – against unprovoked assault?

A Court does not expect someone who is experiencing an assault to simply suffer the offence. In genuine circumstances, a person charged with an assault offence can be found not guilty if they can adequately establish that they were acting in self defence, either of themselves or of another person they perceived as being assaulted.

When a person (the first person) suffers an assault from another person (the second person) which the first person has not provoked, the first person can use any such force against the second person as is reasonably necessary to make effectual defence, if the force is not intended to and is not likely to cause death or grievous bodily harm.

However, if the second person is assaulting the first person in such a way that the first person reasonably fears they will suffer grievous bodily harm or death, and believes on reasonable grounds that they need to use force which could cause the second person death or grievous bodily harm, then the first person may use that force.

There have also been cases where an alleged offender has struck or acted pre-emptively against a person who they knew, by reputation or some other information, was likely to or was going to cause the alleged offender death or grievous bodily harm. In some of those cases the defence applied and the alleged offenders were found not guilty.

What is the defence of Self Defence – against provoked assault?

This defence is available when a person (the first person) has unlawfully assaulted another person (the second person), and the second person responds with an assault that causes the first person to fear death or grievous bodily harm from the first person. If the first person believes on reasonable grounds that it is necessary to prevent death or grievous bodily harm from the second person, then it is lawful to use proportionate force even if it causes death or grievous bodily harm to the second person.

This defence is not available to the first person if the first person set out with the intention of causing death or grievous bodily harm to the second person, or formed that intention before the circumstances arose for the first person, unless the first person firstly retreated from the conflict, or did or said something to demonstrate that they were no longer engaged in the conflict with the second person and moved away as far as possible before then retaliating against the second person.

What is the defence - Defence of dwelling?

This defence requires that the alleged offender is in possession of a dwelling (usually, that person’s home) and uses force to prevent a person from entering into or remaining inside of the alleged offender’s dwelling. This also requires that the alleged offender believes, on reasonable grounds:

the other person is attempting to enter or remain in the dwelling and has intent to commit an offence within the dwelling; and
it is necessary for the alleged offender to use that force.

There are similar defences available to people defending their moveable property (personal possessions) against trespassers, but in this case the alleged offender cannot cause grievous bodily harm to the trespasser.

The law can be complex at the best of times, and when you are facing a criminal offence it can seem almost impossible to understand what could happen. If you or someone you know is charged with an assault offence, it is important that you seek experienced legal advice as soon as possible. We are available to assist you with any criminal charges and to provide you with clear, direct, and reliable advic

Drugs

In Queensland, drug offenses encompass a range of illegal activities related to the possession, trafficking, manufacturing, and use of controlled substances such as:

Possession of a Dangerous Drug:
- Simple Possession: This offense involves the unlawful possession of a controlled substance, such as marijuana, cocaine, ecstasy, or prescription medications, without a valid prescription. The severity of penalties may vary based on factors like the type and quantity of the drug.

Trafficking in Dangerous Drugs:
- Drug Trafficking: This offense involves the illegal sale, distribution, or transportation of controlled substances. Trafficking charges are more serious than possession charges and may result in severe penalties, including lengthy prison sentences.

Manufacturing or Cultivating Dangerous Drugs:
- Drug Manufacturing: Manufacturing controlled substances, such as methamphetamine, ecstasy, or cannabis, is a significant drug offense. It includes activities like producing, cooking, or synthesizing illicit drugs.
- Drug Cultivation: Cultivating controlled plants, particularly cannabis, with the intent to produce drugs is also a criminal offense. The penalties depend on factors like the number of plants and the intent to sell or distribute.

Supplying Dangerous Drugs to Others:

- Drug Supply: Supplying controlled substances to others, whether for profit or not, is illegal. This offense includes selling, giving, or sharing drugs with other individuals. Penalties vary based on the type and quantity of drugs supplied.

Possession of Drug Paraphernalia:

- Possessing equipment or materials used for the consumption, production, or distribution of drugs, such as pipes, scales, or syringes, can lead to charges related to drug paraphernalia.

Drug Diversion Programs:

- In some cases, individuals charged with minor drug offenses may be eligible for drug diversion programs. These programs aim to divert offenders away from the criminal justice system and into drug treatment and rehabilitation services.

Driving Under the Influence (DUI) of Drugs:

- Operating a vehicle while impaired by drugs is a criminal offense in Queensland. Law enforcement may conduct roadside drug tests to detect the presence of drugs in a driver’s system.

Prescription Medication Offenses:

- Illegally obtaining, possessing, or distributing prescription medications without a valid prescription is a drug offense. This includes activities like doctor shopping or forging prescriptions.

Conspiracy and Organised Crime Involvement:

- In cases where individuals are involved in drug-related conspiracies, organized crime, or large-scale drug operations, they may face additional charges related to criminal organisations and conspiracy to commit drug offenses.

Penalties for drug offenses can range from fines and probation to lengthy prison sentences, depending on the severity of the offense and the individual’s prior criminal record. Legal assistance is essential for those facing drug charges to navigate the legal system and explore possible defences or alternatives to incarceration.

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