Criminal law in Queensland

Which court will hear your matter

This is the first thing to work out, because it changes the timeline, the cost and the maximum sentence you are exposed to.

• Magistrates Court. All simple offences, and most indictable offences involving property worth less than $30,000. A magistrate cannot impose more than 3 years imprisonment on a summary conviction under section 552H.
• District Court. Most indictable offences that carry a maximum of 14 years or more, including robbery, serious fraud, wounding, grievous bodily harm and most sexual offences.
• Supreme Court. Murder, manslaughter, and drug trafficking under section 5 of the Drugs Misuse Act 1986 (Qld).

Some indictable offences are dealt with summarily only if the prosecution elects (section 552A) or only if you do not elect a jury trial (section 552B). A magistrate must also send a matter to a higher court under section 552D if satisfied you could not be adequately punished on a summary conviction. That decision is worth arguing about, because it is often the difference between a 3 year ceiling and a 14 year one.

What the prosecution has to prove

Every offence has elements. The prosecution must prove each of them beyond reasonable doubt. You do not have to prove anything.

Queensland also has statutory excuses in Chapter 5 of the Criminal Code that apply across most offences:

• Section 23, an act that occurs independently of the will, or an event that was not intended, foreseen or reasonably foreseeable.
• Section 24, honest and reasonable but mistaken belief in a state of things.
• Section 22, honest claim of right in property offences.
• Sections 271 and 272, self defence against unprovoked and provoked assault.
• Section 25, extraordinary emergency, and section 31, justification and excuse.

Half the work in a defended hearing is not a dramatic alibi. It is identifying which single element the police brief does not actually establish, and refusing to move off it.

Sentence, and whether a conviction gets recorded

If you plead guilty or are found guilty, a court sentences you under the Penalties and Sentences Act 1992 (Qld). Section 9 sets out the purposes and the factors, and imprisonment is a last resort for most offences.

1. Good behaviour bond or recognisance (sections 19 and 31).
2. A fine, usually expressed in penalty units. Penalty units are indexed on 1 July annually, so check the current value before you assume the dollar figure.
3. Probation (section 92) or a community service order (section 101).
4. An intensive correction order served in the community (section 111).
5. Imprisonment, which may be wholly or partly suspended (section 144) or carry a parole release or eligibility date (sections 160A to 160D).

For most people the sentence matters less than section 12, which gives the court a discretion whether to record a conviction at all. The court must consider the nature of the offence, your character and age, and the effect on your economic or social wellbeing and your chances of finding work. That argument has to be made with evidence, not adjectives. Bring the employment contract, the visa, the licensing requirement, the university placement.

The first week is the week that counts

Two decisions are made early and are hard to undo. The first is whether to take part in a record of interview. Beyond giving police your correct name and address, you are generally not obliged to answer questions about an alleged offence. People routinely fill gaps in a weak police case with their own words.

The second is bail. If you are held, the application should be prepared properly the first time, because a second application usually needs a material change in circumstances. Read the bail applications guide before anyone fronts a court on your behalf.