Criminal Lawyers Brisbane - Bosscher Lawyers Law Firm QLD, Australia

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...

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...