Mackenzie Mitchell Solicitors in Brisbane City | Lawyer & law firm

Mackenzie Mitchell Solicitors

Locality: Brisbane City

Address: Level 1, BNSW Chambers, 33 Queen Street 4000 Brisbane City, QLD, Australia

Website: http://www.mackenziemitchellsolicitors.com.au

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22.01.2022 What you need to know about court operations right now. Join our panel members from the judiciary, bar, DPP, Legal Aid, QPS, and QLS Criminal Law Committee for an important update on the preparations and processes the Queensland Magistrates, District and Supreme Courts are implementing in response to the COVID-19 pandemic. This will be an interactive session where attendees will be encouraged to submit their questions and suggestions to the stakeholders to ensure the continued effective operations of the courts in the light of the rapidly evolving COVID-19 situation and what it means for new and current matters coming before the courts. This session is a once off and complimentary Livecast for all practitioners. Register now

18.01.2022 A policeman pinched a policewoman on the breast. She swore at him. He said, "Sorry, I thought you were Luke." He was convicted of sexual assault, the jury rejecting his defence of honest and reasonable mistake. On appeal he asked, "What if they decided it was an honest mistake, but not reasonable?" If so, his intention was to startle Luke, nothing sexual. The Court said, in effect, "Too bad. You touched a breast. That's sexual. Your intent doesn't matter." Seems harsh and wrong in law to me. R v Hayward [2019] QCA 91 www8.austlii.edu.au/cg/viewdoc//cases/qld/QCA/2019/91.html

17.01.2022 Fixed Release or Parole Eligibility Date? Even Judges Sometimes Struggle Mr Ronald Peter Addo breached the conditions of his parole. When the police caught up with him he did not go willingly. He was convicted of assaulting the police officers. For that, a Magistrate ordered that Mr Addo should serve an extra 18 months in prison, although he would be eligible to apply again for parole. Mr Addo appealed to the District Court. He claimed the Magistrate should have ordered a fi...xed date for his release on parole. Judge Morzone agreed. Was he correct? https://www.mackenziemitchellsolicitors.com.au/fixed-relea/

16.01.2022 Recording your own conversations is lawful in Queensland, whether or not the other party knows you're recording. Police investigations rely on this law when they arrange "pretext" questioning of suspects. A first look at the draft Bill recommended by the Law Reform Commission suggests that may all soon change. Recording without consent will become an offence.... https://www.qlrc.qld.gov.au/recently-completed-reviews

15.01.2022 What "things" must a Queensland police officer tell? Suppose Jane accuses Alf. Bill tells Constable Dann he heard Jane admit she made it up. If the Constable makes a note of what Bill said, the note must be disclosed to Alf. The note is "a thing... that would tend to help the case for the accused." (s.590AB(2)(b))... But what if the information is only in the officer's head? Is it a "thing" to which the obligation to disclose attaches? Yesterday, the Court of Appeal decided that even raw knowledge must be disclosed: "a prosecuting authority’s duty of disclosure of relevant information and evidence is not just a protection against miscarriages of justice. Its fulfilment is a presupposition of a fair trial." at [34] "..., the police officer’s attention was only upon facts that might assist the prosecution case.... He was uninterested in learning that there may be issues about the reliability of the complainant and so he ignored (or did not hear) what Ms V had to say. He made some desultory, sparse and useless notes of his conversation with her but failed to record any of the highly important things that Ms V was earnestly attempting to convey to him." at [36] R v Ernst [2020] QCA 150 https://www.couriermail.com.au//98776c749737650ecc3356230b

11.01.2022 Domestic Violence Orders Creep Towards Being Part of a Criminal History Should the making of a domestic violence order cause anyone to lose their job? A proposed new law opens the door for that to happen. Domestic violence cases in Queensland were designed to be a private matter. They are civil proceedings, not criminal. They are held in a closed court. It is illegal to publish the details, or the names of the people involved. The vast majority[1] of orders are made by consen...t, without admitting any allegation. People can take their Order, be of good behaviour, and carry on with their lives. Along comes a new law, proposed for screening workers who will have jobs caring for disabled people. Their "domestic violence information"[1] will be taken into account in deciding whether they are allowed to do that type of work. The new laws are in a Bill called the Disability Services and Other Legislation (Worker Screening) Amendment Bill 2020. Although it is a Queensland Bill, it is part of a proposed national scheme. Read more at the link below: https://www.mackenziemitchellsolicitors.com.au/?p=11616

10.01.2022 In January 2020 we welcome Anne Connell to Mackenzie Mitchell Solicitors. Anne has a wealth of experience in criminal law. She was admitted to practice as a solicitor of the Supreme Court of Queensland in December 2002. Since that time she has practiced predominantly in criminal defence work, representing clients charged with both State and Commonwealth offences in the Magistrates, District and Supreme Courts, Court of Appeal and High Court of Australia. Anne has previously b...een a member of the Criminal Law Section of the Queensland Law Society and a committee member of Queensland Young Lawyers. Anne is also an accredited duty lawyer in both adult and children’s matters. Anne will accept instructions in matters funded by a grant of legal aid from Legal Aid Queensland.

09.01.2022 A first take on the acquittal of Cardinal George Pell. How did it happen? Who got what wrong? What will it mean for other cases? https://www.mackenziemitchellsolicitors.com.au/george-pell/

09.01.2022 Anne is an experienced criminal defence solicitor who, for the last 12 years, was based at Chermside on Brisbane’s north. During her time at Chermside, Anne reg...ularly provided duty lawyer services to the Pine Rivers Magistrates Court and Sandgate Magistrates Court, as well as undertaking work in the District and Supreme Courts and other regional Magistrates Courts. In January 2020, Anne relocated to Brisbane City where she now works as a consultant with Mackenzie Mitchell Solicitors.

09.01.2022 There are many admirable Australian judges, with respect. But Australian courts have several faults. Some judges lack the capacity to have merited appointment. A few are unjustifiably rude. A few are bullies. Some are appallingly slow, through inefficiency or laziness or indecisiveness. Some are insensitive. Some are ignorant. Some are undignified. As a result, some judicial work is poor. The whole system is rotten with excessive delay, some of which, but certainly not all of which, judges are responsible for. It is in the public interest for these failings, whether they are widespread or not, to be exposed with a view to their eradication. Dyson Heydon 2 March 2018 https://policyexchange.org.uk//does-political-criticism-o/

08.01.2022 Fixed Release or Parole Eligibility Date? Even Judges Sometimes Struggle Mr Ronald Peter Addo breached the conditions of his parole. When the police caught up with him he did not go willingly. He was convicted of assaulting the police officers. For that, a Magistrate ordered that Mr Addo should serve an extra 18 months in prison, although he would be eligible to apply again for parole. Mr Addo appealed to the District Court. He claimed the Magistrate should have ordered a fi...xed date for his release on parole. Judge Morzone agreed. Was he correct? https://www.mackenziemitchellsolicitors.com.au/fixed-relea/

03.01.2022 He's quite right. You just don't often hear it from a judicial officer. "But that really started playing on my mind in good conscience, could I continue to be taking people's licences off them in those circumstances?"....But Mr Heilpern says with drugs such as cannabis there's not such a clear link between a positive test and adverse driving, given minute levels of the drug can be detected. "An enormous number, the vast majority of people who are brought before the courts o...n this charge, are not affected [by the drug]," he says. "It's a historical or relatively benign impact on their driving ability, days, or even weeks after their use." https://www.abc.net.au//drug-driving-laws-cannabi/12361312 #criminallaw #drugtesting

03.01.2022 Last week, QLS President Luke Murphy, Ken Mackenzie, Deputy Chair of the QLS Criminal Law Committee and Andrew Forbes, Deputy Chair of the Occupational Discipline Law Committee attended a parliamentary committee public hearing to discuss the Health Legislation Amendment Bill 2019 that seeks to prohibit the practice of 'conversion therapy' by health service providers in Queensland. QLS believes that conversion therapy is a reprehensible practice. https://www.qls.com.au//Health_Legislation_Amendment_Bill_