Calvin Gnech
- Managing Director and Principal Lawyer
- Calvin Gnech
- Managing Director and Principal Lawyer
Expert criminal legal defence delivered with empathy and understanding.
We will defend your rights and provide a tailored legal strategy for your criminal case.
Complete the form to contact us
Expert criminal legal defence delivered with empathy and understanding.
We will defend your rights and provide a tailored legal strategy for your criminal case.
Complete the form to contact us
- About criminal offences
From the simple to the complex, we stand ready to represent you.
A criminal offence is an offence or crime against the state, also known as breaking the law or a violation of the law.
Criminal offences carry a range of punishments, including good behaviour orders, fines, community service, suspended sentences and, in some cases, actual imprisonment. We know how stressful it is to be arrested or charged by the police, and we are here to help you through the process and advocate for your rights.
It is vital you are legally represented from the first time you are approached by police.
- Solutions
Defend your rights with our criminal law expertise.
With over two decades of experience, we are ready to represent you in a range of criminal offences, from assault and robbery to fraud and workplace offences. Our successful track record speaks to our commitment to securing the best outcome for you.
In Queensland, there are several ‘assault’ offences you can be charged with. These are contained in the Queensland Criminal Code Act 1899, and all relate to the striking, touching, moving or application of force to another person without consent. The application of force can include the application of heat, light, electrical force, gas, odour or any other substance or thing applied in a way to cause injury or discomfort.
The assault offence you are charged with depends on the alleged facts, injuries suffered by the victim and the victim’s age.
For assault matters, the court has the ability to order compensation to be paid to the victim for ‘pain and suffering’, as well as any out-of-pocket medical costs or loss of wages as a result of the injury suffered.
We work to resolve assault matters out of court via justice mediation where possible.
Common assault
Common assault does not require any injury to be suffered by the victim. This could range from an assault on ‘technical grounds’, such as blowing cigarette smoke in the face of another, through to physical contact which does not cause pain or discomfort.
Common assault carries a maximum penalty of 3 years imprisonment.
Assault occasioning bodily harm
Assault occasioning bodily harm is an assault where an injury causing bodily harm has been suffered by the victim. Bodily harm can include any injury from minor discomfort to a broken bone.
Assault occasioning bodily harm carries a maximum sentence of 7 years imprisonment.
Grievous bodily harm
Grievous bodily harm requires a loss of a distinct part of an organ of the body, serious disfigurement or any bodily injury that left untreated, would endanger or be likely to endanger life, or cause permanent injury to health.
There is no element of assault necessary to prove this offence and is therefore broader in its application. It only requires that you commit an act that causes another person grievous bodily harm.
Grievous bodily harm carries a maximum penalty of life imprisonment.
Unlawful wounding
Unlawful wounding is an offence that requires proof that you did an act that caused another person’s skin to be punctured. Examples of this are syringe or knife attacks.
Unlawful wounding carries a maximum penalty of 7 years imprisonment.
Serious assault
Serious assault is an assault of any type against an individual with specific characteristics. Actual injury is not required. This could include a police officer or a person over the age of 60 years old. An assault in these circumstances is treated as more severe and carries an increased maximum penalty.
Serious assault carries a maximum penalty of 7 years imprisonment.
Robbery is stealing coupled with an act of violence against an individual during the course of the stealing.
Robbery carries a maximum sentence of 14 years imprisonment.
Fraud is a very broad offence capable of capturing a significant range of offending behaviours. This offence requires an act by you committed dishonestly to gain a benefit or to cause detriment to another.
Some examples of fraudulent conduct are:
- passing fake bank cheques;
- submitting false time sheets at work;
- scams such as fake charities;
- conversion of another person’s property dishonestly; and
- taking a ‘sickie’ at work.
Fraud carries varying maximum penalties depending on the circumstances, ranging from 5 to 20 years of imprisonment.
Drug offences are primarily governed by the Drugs Misuse Act 1986 in conjunction with the Drugs Misuse Regulation 1987.
Offences under the Drug Misuse Act 1986 range from minor offences which carry low-level penalties, such as a fine, to serious drug offences that attract sentences of actual imprisonment.
Trafficking in dangerous drugs
Trafficking in dangerous drugs is one of the most serious offences in Queensland law outside of murder.
Trafficking is defined as the unlawful carrying on of a business involving the sale of dangerous drugs. A trafficking business could be small and unsuccessful or a multi-million-dollar enterprise. This means you could also be liable for an offence of trafficking for selling drugs regularly to support your own habit.
Depending on the scale of the business and the type of drug being trafficked, this offence carries a maximum penalty of 25 years imprisonment.
Supplying dangerous drugs
Supplying dangerous drugs does not require the drug to be ‘sold’ and can include simply sharing, passing or giving to another person. This means ‘sharing’ a cannabis joint amongst friends could constitute supplying a dangerous drug.
Supplying dangerous drugs, depending on the type of drug and to whom the drug is supplied, carries a maximum penalty of 25 years imprisonment. The penalty is increased if the drug is supplied to a minor or a person inside a correction facility.
Possession of dangerous drugs
Possession of dangerous drugs involves proving you had ‘knowledge and control’ of the drug.
Where drugs are found in premises or vehicles, the law may deem you in control of the premises or vehicle and, therefore, in possession of the drugs unless proven otherwise.
Depending on the amount and type of drug, an offence of this nature carries a maximum penalty of 25 years imprisonment.
Other drug offences
The Drug Misuse Act 1986 sets out additional drug-related offences.
For example, possession of any property used in connection with a drug offence. Property of this nature can include but is not limited to drug utensils, drug money and scales used to weigh drugs.
Improperly disposing of syringes used in connection with dangerous drugs is another example of a drug offence under the Act.
Drug diversion
Drug use remains a contentious issue in society. Over the last 20 years, there has been a shift towards addressing drug use in a more therapeutic manner.
Most offences involving minor drug possession and possession of drug property can be diverted away from the criminal justice system via drug diversion programs. This means drug information sessions replace criminal convictions and penalties before the court. Usually, only two opportunities are provided to you to participate in drug diversion before the courts start ordering traditional penalties.
Murder is the most serious offence in Queensland law carrying a mandatory term of life imprisonment upon conviction. Murder requires a deliberate intention to kill another person.
Depending on the circumstances, if you are convicted of murder, you may be eligible for parole after serving a minimum of 15 or 20 years in prison. You would remain on parole for the remainder of your life and be in jeopardy of an immediate return to prison in the event any parole conditions are breached.
Manslaughter occurs when you have caused the death of another without a deliberate intent to kill. The most common example of a manslaughter offence is where two people engage in a consensual physical fight with the intent to assault without an intent to kill. However, the event results in a death.
Manslaughter carries a maximum penalty of life imprisonment. However, it is not mandatory. This means a court is not restricted in what penalties it can order against you if you are convicted of manslaughter. There have been occasions when a court has sentenced a person to a period of imprisonment that is not a life sentence after being convicted of manslaughter.
Industrial manslaughter was introduced in 2017 as an offence in Queensland through the Work Health and Safety Act 2011, the Electrical Safety Act 2002 and the Safety in Recreational Water Activities Act 2011. These Acts make it an offence for a person conducting a business or undertaking, or a senior officer of the business, to negligently cause the death of a worker.
Industrial manslaughter carries a maximum penalty of 20 years imprisonment for an individual or $10,000,000 for a body corporate.
Sex offences include a range of offences against both adults and children. The victim’s age and circumstances of the offending will determine the offence you are charged with. These offences continue to be viewed seriously by society and, therefore, the courts. Legal representation is essential from the initial stages of a police investigation to navigate this complex area of law.
Sex offences include, but are not limited to, rape, sexual assault, indecent acts, grooming offences, procuring offences and child exploitation material offences.
Sex offences are broad in nature however include penalties up to life imprisonment depending upon the offence and the circumstances. Penalties generally increase where aggravating circumstances exist. Aggravating circumstances include the age of the victim or if the victim has an impairment.
Dangerous operation
Dangerous driving or dangerous operation of a motor vehicle is a criminal offence and has very serious consequences. This offence is the most serious traffic offence in Queensland and is also designated a crime. This is an offence that any everyday citizen could face. This offence is unusual in that it is an incredibly serious charge which does not require ‘intention’ to be proven for a conviction. A simple error or failure to comply with a traffic rule may result in a conviction for dangerous operation of a motor vehicle.
Dangerous operation of a motor vehicle is assessed objectively by the courts, taking into account what might be expected of a competent and careful driver.
The maximum penalty for dangerous driving is three years imprisonment. Common penalties are fines of thousands of dollars and lengthy disqualifications from holding a driver’s licence. The mandatory minimum period for a driver’s license to be disqualified upon being convicted of dangerous operation is six months. There are aggravating circumstances of being intoxicated, excessive speeding and a previous offence of a like nature which increase the maximum penalty to 5 years imprisonment.
Dangerous driving causing death
If dangerous operation of a motor vehicle results in a death it is an aggravating circumstance that increases the maximum penalty to 14 years imprisonment.
There are several offences that police can lay against you concerning public disturbance type offences committed in any public place. Public nuisance type behaviour can include conduct such as fighting and excessive swearing.
Public nuisance is an offence pursuant to section 6 of the Summary Offences Act 2005. This offence carries a maximum penalty of six months imprisonment or 25 penalty units.
The Liquor Act 1992 provides a number of like offences related explicitly to licensed premises. These offences have similar penalties to what is imposed for committing a public nuisance offence. Further, if offences of this nature are committed, a banning order can be made prohibiting you from returning to a designated area or location. For example, you could be prohibited from attending the City CBD for a period of time during designated times and days.
A breach of the banning order is a separate and distinct offence.
Workplace health and safety investigations have now become routine in circumstances where the safety of employees is called into doubt by an incident or accident. The regulator, Workplace Health and Safety Queensland, has legislative powers which can force you to answer questions, and if you refuse to cooperate, a different criminal offence is committed.
There are four categories of offences for breaching a health and safety duty under the Work Health and Safety Act 2011 or the Electrical Safety Act 2002. The categories depend on the degree of seriousness or liability involved, and the penalties vary accordingly. Workplace health and safety offences not only hold companies and individuals liable for significant financial penalties but can also result in imprisonment.
Your trusted criminal defence lawyers.
If you have been charged with a criminal offence, we can provide the best possible legal defence, coupled with a deep understanding of your unique circumstances.
Nichale Bool
- Senior Associate
- Nichale Bool
- Senior Associate
Bree Bullock
- Senior Associate
- Bree Bullock
- Senior Associate
Our FAQs
How can we help you?
General
-
Do I have a problem that can be resolved by law?
Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil. Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil.
-
Do I have a problem that can be resolved by law?
Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil. Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil.
-
Do I have a problem that can be resolved by law?
Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil. Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil.
Support
-
Do I have a problem that can be resolved by law?
Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil. Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil.
-
Do I have a problem that can be resolved by law?
Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil. Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil.
-
Do I have a problem that can be resolved by law?
Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil. Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil.
Payment
-
Do I have a problem that can be resolved by law?
Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil. Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil.
-
Do I have a problem that can be resolved by law?
Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil. Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil.
-
Do I have a problem that can be resolved by law?
Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil. Nam libero tempore, cum soluta nobis est eligendi optio cumque nihil.
- Testimonials
Serious Assault and Wilful Damage
“I could not be happier with the outcome Calvin and his team achieved for my son and myself. As two people who had never been in trouble with the law before, we were shocked when we were both charged with serious assault and wilful damage.
Calvin understood the faults in the prosecution case immediately and through rigorous advocacy and legal strategy, he got the charges withdrawn and costs were awarded in our favour against prosecutions. I highly recommend Gnech and Associates.”
Previous
Next
