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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,...

Elizabeth Anne Turner Wins Retrial After Being Jailed for Attempting to Pervert Justice and Perjury

Elizabeth Anne Turner, a 67-year-old mother jailed for attempting to pervert justice and perjury, successfully had her conviction overturned and will have a retrial. Turner allegedly helped her son buy a yacht to escape the country before his drug smuggling trial in 2015. Bosscher Lawyers is representing Turner in this case. Turner was found guilty of attempting to pervert the course of justice and three counts of perjury in February. She was initially sentenced to four years of jail time with no chance of parole for two years. The Court of Appeal determined there was a miscarriage of justice due to evidence excluded from her trial. Turner allegedly offered $520,000 surety to help her son, Markis Scott Turner, get bail and afterwards helped him escape by buying him a yacht he sailed to the Philippines. Markis had been arrested in 2011 for allegations of heading a major cocaine importation syndicate. She allegedly lied so her son could remain in hiding by telling the authorities sh...

The Arrest of Mostafa Baluch Reignites Bail Furore

With news that alleged drug importer Mostafa Baluch has been found and arrested, police are continuing to make comments about the original grant of bail, the latest indicating how police are “furious the magistrate allowed him out on bail”. A grant of bail is a consideration of certain risks to the community etc and are founded on a number of factors, including a person’s criminal history but importantly the strength of the police case. Police did not provide the court with the appropriate amount of evidence to satisfy a Magistrate that bail should not be granted. It was Police who failed to satisfy a court in circumstances where they, after obviously spending considerable resources in investigating Mr Baluch, could not compile a compelling enough argument. The Magistrate granted bail with extremely strict conditions, including wearing an ankle bracelet that is monitored by police 24/7. Police are alerted immediately when a bracelet is tampered with so would have been aware as soon ...

Bosscher Lawyers Represent Man Charged with Attempt to Smuggle 200kg of Cocaine

Yaacov Amsalem, a 50-year-old Israeli national, faced a Brisbane court on Tuesday following his extradition from the Philippines. Amsalem is facing charges of conspiracy to import a commercial quantity of a border-controlled drug and conspiring to traffic a commercial quantity of a controlled drug and conspiracy to deal in the proceeds of crime exceeding $1 million. Read More The post Bosscher Lawyers Represent Man Charged with Attempt to Smuggle 200kg of Cocaine appeared first on Bosscher Lawyers . source https://bosscherlawyers.com/bosscher-lawyers-represent-man-charged-with-attempt-to-smuggle-200kg-of-cocaine/

Bosscher Lawyers Representing People Charged in Noosa Investigation

Matthew James Long and Alenxadra Chiodo appeared before the Noosa Magistrate’s court on Tuesday in relation to drug charges. Defence lawyer Alex Jones of Bosscher Lawyers is representing both defendants. Long is facing charges for allegedly importing and exporting a dangerous drug, supplying and trafficking a dangerous drug, 28 counts of fraud, possession of tainted property and stealing. At the same time, Chiodo is accused of fraud, possession of tainted material and supplying a dangerous drug. Along with Long and Chiodo, Marcus Les Wright and three others appeared in Noosa Magistrate’s court. The charges are connected to a 12-month Noosa CIB investigation that led police to bring to trial 25 people with a total of 103 charges. Wright faces charges for supplying and trafficking a dangerous drug, fraud and stealing, while the others are accused of fraud and possession and trafficking of a dangerous drug. Long and Chiodo were given bail, as were the rest of the accused. The case w...

Alleged International Drug Lord to Be Represented by Bosscher Lawyers

Yaacov Amsalem, the alleged high-worth international drug lord and fugitive, will be turned over to the authorities in Australia after years of hiding in the Philippines. Bosscher Lawyers’ is representing Mr Amsalem. Amsalem, a French-Israeli national, was arrested in 2014 for multiple drug charges and for allegedly leading a drug syndicate. He fought his deportation but will finally be handed over to the Australian Police. Interpol declared the French-Israeli national as an international fugitive who lied low in the Philippines alongside ex-soldiers as his bodyguards, according to a source from the National Bureau of Investigation (NBI). Amsalem and one of his bodyguards were apprehended by agents of NBI-Interpol while at a bar in Makati City in 2014. During his arrest, he had already been on the run for four years and was scheduled to return to China, where he lived. “His presence in the country was tipped off by the Australian Police,” according to the NBI source. The post Alle...

Mother Convicted of Assisting Her Son to Flee the Country to Avoid Drug Charges Wins Appeal

A 67-year old mother and grandmother have successfully had her conviction overturned before the Queensland Court of Appeal. After her trial before the Mackay District Court in November 2020, a jury found her guilty of assisting her son to flee the country to avoid major drug charges himself, as well as three counts of lying to the Supreme Court regarding her son’s disappearance. Prosecutions argued that our client conspired with her son to avoid his 2015 Supreme Court trial for the importation and trafficking of cocaine. Approximately one month before that trial commenced, her son disappeared, to eventually be found in the Philippines almost precisely two years later. The conviction came on Day 9 of the trial after the defence had called a number of witnesses, including a handwriting expert, to rebut the prosecution case. Despite maintaining her innocence and producing evidence to support her claim, clearly, the jury accepted the prosecution case. As a result of the convictions, sh...

Bosscher Lawyers Take Over Drug Charges Involving Bachelorette Contestant

Bosscher Lawyers’ Solicitor Michael Bosscher is taking over Arron Hyde’s drug case that involves Samuel Minkin, a former contestant on The Bachelorette. Hyde, 39, is charged with supply an amount of cannabis greater than or equal to a large commercial quantity. Hyde was driving the vehicle when police stopped them at Crabbes Creek. They allegedly found 166kg of cannabis leaf in cardboard boxes in the car. The arrest was a part of the Australian Federal Police’s Operation Ironside, which saw the arrest of Brisbane business owner Cohen William Haseman. Michael Bosscher is also representing Haseman to what is regarded as Australia’s ‘sting of the century’. Hyde and Minkin are on bail and both matters were adjourned to October 5. Bosscher Lawyers and Madeline Wood, Minkin’s defence lawyer, are waiting to receive the full extent of police allegations against the men. The post Bosscher Lawyers Take Over Drug Charges Involving Bachelorette Contestant appeared first on Bosscher Lawyers...

Brisbane Criminal Lawyer

Bosscher Lawyers  is Queensland’s based  criminal law firm. Over many years our lawyers have defended clients charged with traffic offences  & DUI Lawyers  through to complex drug Offence Lawyer  and Domestic Voilance  charges. Our team of expert Brisbane criminal lawyers makes our firm one of the most experience in Queensland . Our criminal law team in Brisbane are focused on achieving good outcomes. This is why our Brisbane criminal lawyers  provide professional and tailored advice and representation so our clients have the best possible chances for success  in their cases . Traffic Offence Lawyer The traffic attorneys at our firm have experience handling many different types of traffic offence cases to help you. Our Brisbane traffic lawyers  are focused to achieve the best possible results for your drink driving, drug driving, traffic offences, Domestic Voilance, and other criminal defnse issues and court attendances relating to these....

Criminal Lawyers Brisbane - Bosscher Lawyers Law Firm QLD, Australia

Bosscher Lawyers Brisbane criminal lawyers  can give you quality portrayal and solid advice. You can rely upon us. We have a system of criminal law office authorities and criminal law specialists who give solid, exact advice and solid support in your desperate hour. Our Brisbane criminal lawyers clarify confused territories of law in a justifiable way. We buckle down and keep you educated of each progression. Bosscher Lawyers Brisbane criminal law group likewise comprehend that you need your criminal law matter dealt with in a financially savvy way. Our Brisbane specialists get you and will regularly attempt to determine your issue with police to have charges diminished, and some of the time dropped. Our Brisbane criminal lawyers  are arranged and are extraordinary masterminds on their feet. They are agreeable in all courts in Brisbane and will look for the best results accessible to you. The way to a decent result is quick advice from a decent lawyers A...