Christopher Sprudzans Lawyer in Brisbane, Queensland, Australia | Criminal lawyer

Christopher Sprudzans Lawyer

Locality: Brisbane, Queensland, Australia

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22.01.2022 POLICING - REASONABLE BELIEF The concepts of a ‘Reasonable Belief’ or ‘Reasonable Suspicion’ are found in most State and Federal legislation regarding Police Powers and Responsibilities. It is a cornerstone concept in Criminal Law, where taking action could lead to a decision to charge a suspect. This concept must be distinguished between the concept of, ‘Beyond a Reasonable Doubt’ only used in the Criminal Jurisdiction of Court Hearings and Trials (see Thomas v R (1959) 10...2 CLR 584). Note: The burden of proof in Civil Jurisdictions is, ‘on the balance of probabilities’ - As you will find in Domestic Violence Matters. A Reasonable Belief or Suspicion only applies to a Police Officer performing their duties in the field. For example, when deciding to search a dwelling without a warrant, they must have a ‘Reasonable Belief or Suspicion’ (these terms are used interchangeably between different States) that an offence has occurred or is likely to occur. There are other ways these powers operate, such as to preserve evidence or in motor vehicle offences. However, these examples are far from exhaustive. When a Statute provides that there must be ‘reasonable grounds’ for a belief, it requires facts which are sufficient to induce that state of mind in a ‘reasonable person’ (George v Rockett at 112); What constitutes reasonable grounds for forming a suspicion or belief must be judged against, what was reasonable capable of being known at the relevant time (Ruddock v Taylor [2005] HCA 48; Must be objective criterion, not subjective (Ruddock v Taylor [2005] HCA 48); Belief is an inclination of the mind towards assenting to, rather than rejecting, a proposition and the grounds which can reasonably induce that inclination of the mind may, depending on the circumstances, leave something to surmise or conjecture (George v Rockett). Cheers, Chris.

20.01.2022 Magistrates Court Now Closed for Physical Appearances - Effective 30 March 2020. On and from 30 March 2020 there will be no physical appearances in any matter except: (a) By an Aggrieved in an urgent non-police, private domestic violence application... (b) The media (c) With leave of the Court All matters will be conducted by telephone or video conference including appearances by persons in custody. https://www.courts.qld.gov.au//00/643581/mc-pd-3of2020.pdf

07.01.2022 RECENT DECISION: 12/03/2020 Brisbane District Court 4 x Supply schedule 1 drug. ... Registry Commital 18 month suspended sentence - Operational Period 2 years. Avoided a custodial sentence. 12 pages of written submissions along with verbal advocacy for sentence.

05.01.2022 Hey guys. While I am busy performing Domestic Violence Duty lawyer services at Redcliffe, Caboolture and Pine Rivers - I am still taking on fee paying clients or applications for Legal Aid. If you have any questions about Legal Aid eligibility, feel free to come into Gary Rolfe at Caboolture and we can help you out. ... Cheers,

01.01.2022 DOMESTIC VIOLENCE QUEENSLAND: If an applicant files an Application for a Protection Order and fails to appear, the Court may dismiss the application without deciding upon it. If a Respondent fails to appear (and they have been served with a copy of the application and/or Temporary Protection Order) then the Court may Hear and determine the application in their absence. It is advisable that if you wish to contest an application for a Protection Order, whether initiated by Po...lice or a Private Application, that you attend Court on all Mention dates. #domesticviolence #dvqueensland #dv #domesticviolenceapplication #domesticviolenceorder