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Common Defenses in Criminal Law: From Alibi to Self-Defense

  Criminal law is a complex and dynamic field that governs the prosecution and defense of individuals accused of committing crimes. Within this framework, there are various defense strategies that attorneys can employ to protect their clients' rights and interests. These defenses range from alibi to self-defense, each serving a distinct purpose in the pursuit of justice. Alibi: One of the most straightforward defenses is the alibi. An alibi is a claim that the accused was not present at the scene of the crime when it occurred. To establish an alibi defense, the accused typically presents evidence, such as witnesses, surveillance footage, or records, proving that they were in a different location at the time the crime took place. Alibi defenses can be compelling as they directly challenge the prosecution's assertion of the defendant's involvement in the crime. Insanity: The insanity defense is rooted in the idea that individuals who are mentally incapable of understanding th...

Bail Granted for Major Drug Importation Suspect

Bosscher Lawyers’ client, Jordan Brennan had a successful Supreme Court bail application before Justice Paul Freeburn, who granted bail on 26 charges, including possessing unlawfully imported cocaine and attempting to possess unlawfully imported cocaine – on September 7. Prosecutors allege that Brennan and his co-accused, Brendan Sipple, retrieved 400kgs hidden in a floor of a shipping container between May 8 and May 12, 2020. Brennan was also granted bail on a number of charges relating to the alleged kidnap and torture of Eduardus Groenewegen. He was also granted bail on charges of possession of handguns and other items. Read more   The post Bail Granted for Major Drug Importation Suspect appeared first on Bosscher Lawyers . source https://bosscherlawyers.com/bail-granted-for-major-drug-importation-suspect/

Not guilty of obstructing police

Bosscher Lawyers recently appeared before the Magistrates court for a man charged with having obstructed police at a Brisbane police station. Our client, in the course of being arrested, has his arm broken by police. He was subsequently charged with obstructing police in the course of the arrest which led to the injury. The entire interaction was recorded on video by both police and CCTV within the police station. We were successful in arguing there was no case for our client to answer and subsequently the charge was thrown out by the court. Further, costs were awarded against the police to our client. Should you ever have issues with the police or are charged with any criminal offence, contact Bosscher Lawyers for legal assistance. The post Not guilty of obstructing police appeared first on Bosscher Lawyers . source https://bosscherlawyers.com/not-guilty-of-obstructing-police/

Confusion Re License Suspensions and DQs

Bosscher Lawyers recently represented a client in the Rockhampton Magistrates Court, charged with driving whilst suspended, having driven after being served a notice of suspension by police. Our client was facing a mandatory 2 years disqualification to his license if found guilty. The matter was challenged on the basis that the suspension notice was erroneous at law and ought to be rendered void. Further, Bosscher Lawyers identified an error in the laying of the charges by police. Having considered our argument, the prosecution withdrew the charge and subsequently, our client was discharged from the offence. He, therefore, avoided any license disqualification. Traffic laws are complicated and confusing, particularly those around suspensions and disqualifications. To avoid confusion and to ensure you are not suspended unnecessarily or excessively, call Bosscher Lawyers . The post Confusion Re License Suspensions and DQs appeared first on Bosscher Lawyers . source https://bossc...

The Presumption of Innocence

In light of the recent matter before the ACT courts, involving Brittany Higgins as the complainant, together with recent news articles discussing unresolved criminal matters , it is important to not judge a person or a matter until the courts have decided the case. The presumption of innocence is the cornerstone of our criminal justice.   We have all heard the presumption of innocence expressed as, “ innocent until proven guilty ”.   More properly, the expression ought to be “ innocent unless found guilty ”. The expression “ innocent until proven guilty ” has a connotation of inevitability about it.   That inference of inevitability itself erodes the presumption of innocence and is wrong. With the explosion of social media and instant access to local, national and international news, the community is easily exposed to a wealth of information and material which even five years ago was not available.   One of the biggest issues encountered in the face of such...

The Important Balance of Youth Justice

There has been significant attention given recently to the sentencing of a young man who (at 17 years of age), whilst driving dangerously and under the influence of alcohol and drugs, killed a young couple and their unborn child. A tragic event such as this has catastrophic and lifelong impacts on everyone associated with the matter, whether that be the victims, their friends or families but also the perpetrator. As the sentencing judge indicated, no sentence will ever be adequate and cannot do justice to the suffering caused. Unfortunately, nothing can ever undo the events of that day. With that in mind, the court was faced with sentencing a young person who was only 17 at the time of the offending. The court heard of the extremely unfortunate and tragic events of his own upbringing, one that included neglect, exposure to domestic violence and abuse and early exposure to illicit substances . It is in the context of a terrible upbringing with a clear lack of positive guidance, to...

Criminal Convictions, Criminal History and Employment

Clients are often concerned about the impact of their criminal matters on their job and employment prospects in the future. While this article provides important information for people facing criminal convictions or with a criminal history, employers should also take note. While some employees simply cannot do their job because of their criminal history (for example, where they require security clearances), employers should take care when making hiring decisions where applicants have a criminal history. Where a person’s ability to do their job is in no way impacted by their criminal history, employers must take care not to fall foul of anti-discrimination law. Additionally, it may pay to enquire as to the circumstances surrounding an applicant’s offending. Your best employee may have made a foolish mistake or shown a lapse in judgement which has resulted in their criminal history. Jumping to conclusions about a person’s trustworthiness may be at the cost of securing the most competent,...