Murray Torcetti Lawyers in Caboolture, Queensland | Legal

Murray Torcetti Lawyers

Locality: Caboolture, Queensland

Phone: +61 7 5414 4209

Address: 4/13 King Street Caboolture 4510 Caboolture, QLD, Australia

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

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25.01.2022 Our office has giant Jenga. Does yours?

24.01.2022 Case Note Unaddressed considerations at sentencing http://www.murraytorcetti.com.au/case-note-unaddressed-con/

22.01.2022 We are at the Morayfield Shopping Centre today with giant Jenga and Chupa Chups, come say hi!

22.01.2022 We are writing 100 case notes in 100 days. Most of them are probably only interesting to lawyers. This one is a short read where a judge alone found the defendant not-guilty on the basis of self-defence.... http://www.murraytorcetti.com.au/case-note-judge-alone-tri/ 35% of #100CaseNotesDuringCovid

22.01.2022 Grant failed at Giant Jenga. On the bright side, his Tamagotchi is still alive.

21.01.2022 What if drugs are found in your house that dont belong to you? The law presumes that if drugs are found in a house you occupy, you own the drugs. To fight the charge the person needs to show: 1. They were not the occupier of the property; or ... 2. Neither knew or had reason to suspect the drug was in or on that place. The below story looks at how a person argued they were not the occupier of the place the drugs were found. Penny and Michael were in an on and off relationship, for the most part when they were together they lived in Pennys house in Morayfield. After a particularity heated argument, Penny told Michael to pack up his stuff and get out of her house. Michael packed up most of his gear and moved in with a mate at Logan. Two days later he went back to Pennys house to collect the rest of his stuff. Someone tipped off the police drugs would be found at Pennys house. The police executed a search warrant while Michael was packing up the last of his belongings. In one of the spare rooms (that had been Michaels room) the police found a few grams of Green Leafy Material that turned out to be marijuana. The police also found a few of his razors and X-Box games and other items of clothing and thought he was an occupier of the Morayfield house. The police charged Michael with possession. The Magistrate at first instance found that he was an occupier of the property because he had not completely moved out of the Morayfield property and was splitting his time between the house in Morayfield and the one owned by his friend in Logan. On appeal, the judges decided that Micheal had ceased to be an occupier when he was told to leave by Penny and moved most of his property to Logan. Another judge also went on to state that his license (a legal word for permission) to live at the property was revoked so he could not have been an occupier of the property when the drugs were found. The result: Michael was not guilty of possessing the drugs. If you learned something, please share it. You never know who might be about to talk with the Boys in Blue... Knowing more about the law means you can protect your rights, stay informed here.

20.01.2022 Calling our lawyers is the first step to a defence plan.

20.01.2022 Phone appearances in the courts are the new normal for the foreseeable future.

19.01.2022 right to silence over text? Thats one text Id not be responding do.

18.01.2022 College of Law profiled James of our office. Sadly, he does not bring in baked goods as often as we now know he can! https://www.collaw.edu.au//meet-chef-turned-lawyer-james-t

16.01.2022 Hard news if you have someone in a correctional centre.

16.01.2022 You can (and will) be charged with unlawful use of a motor vehicle even if you are just a passenger. Example Archie and Maxie Tim is the owner of a brand-new Porsche, two weeks ago someone broke into Tims house and stole the keys to the Porsche and took the car! Tim reported the car stolen to the police but unfortunately, there were no fingerprints or forensics or any leads as to who may have stolen the car. ... Archie and Maxie have been best mates for a good decade, sadly Maxie has been out of work the last couple months and has been struggling to get by. Yesterday Archie was walking to the shops for some hot chips. The fish and chip shop was a good 30-minute walk away but, when you have a craving for hot chips, you gotta do what you gotta do. About 10 minutes into the walk Maxie pulls up next Archie in a brand-new Porsche and offers Archie lift to the shops. Unfortunately for both Archie and Maxie (but mostly Archie because he didnt get any hot chips) the police pull over the car and charged both Archie and Maxie with unlawful use of a motor vehicle (stealing a car). Archie explains to his lawyer I didnt know the car was stolen, why am I being charged!. Well, unfortunately for Archie the law says that if the prosecution can prove these two things, the charges will stick: 1. Archie used to the car; 2. Archie didnt have the consent of the owner. Now Archie may not have been the driver of the car, but in the case of Malayta v Queensland Police Service, the court found that even getting a lift which is called a conveyance is enough to have used the vehicle. Because Tim, the owner of the vehicle didnt give consent for Maxie or Archie to use the vehicle the charge can be made out (thats lawyer-speak for found guilty). Archie might be able to raise a defence of mistake. But Archie will have to lead evidence that he had a reasonable belief the car did belong to Maxie. In this case, because Archie knew Maxie was unemployed and didnt have the means to own a brand-new Porsche this is going to be difficult for Archie. To make matters worse, when interviewed by police Archie made the mistake of telling the police that he knew Maxie was unemployed. What Archie should have done, is what they do in the movies and preserved his right to silence by not talking to the police. It sounds silly, but if you get into a car that seems too good to be true but you might also get charged with unlawful. It may not be a Porsche, but if you are charged with stealing a car, call the right lawyer, right now Murray Torcetti Lawyers on 5414 4209. P.S But what about Maxie you ask? Next week we look at the alternative charges of entering premises and the unlawful use that Maxie was charged with.

15.01.2022 Solitary confinement is used to protect and/or punish people in prison and on remand. But how does that impact a sentence where Corrective Services has mandated 14 days for all new arrivals and transfers? http://www.murraytorcetti.com.au/mandatory-isolation-in-co/

12.01.2022 Which one do we move next? Comment your vote below (A,B or C) and we will move the winning block at 4:30pm - C was the winner(?) video of the results in the comments!

12.01.2022 What a cute, fluffy manslaughter bee.

10.01.2022 You might not be who needs to see this, but someone you know could find this helpful! (Thats a hint to please share it )

08.01.2022 A short break on Friday afternoon to watch it all come tumbling down!

07.01.2022 You might not be who needs to see this, but someone you know could find this helpful! (That’s a hint to please share it )

07.01.2022 The Police can charge a dealer and their client with supplying dangerous drugs. Below is an example of how it works: Mary and Jane are good friends, occasionally they like to smoke a joint and chill out. One afternoon Mary had run out of her own personal stash so she sent a text to Jane asking if Jane could bring her a small amount for her own personal use. Jane said of course and they agreed to meet at Marys house at 4:20pm.... On her way to see Mary, Jane was pulled over by the police as he saw her go through a stop sign. The officer saw the small bag of weed on the seat. Because of this he then did a full search of the car and her mobile phone. Jane, wanting to be helpful gave the passcode to the police, the officer saw the message from Mary. Jane was charged with Supplying a dangerous drug, but so was Jane! Why you may ask? Mary was not supplying anything to anyone! Well, the law has this provision called Parties to offences under Section 7 of the criminal code, think of it like the guilty by association section. The Queensland Supreme Court looked at if a person can be charged with supplying to themselves in R v Maroney [2000] QCA 310 and determined supply takes at least two people. This means that while Jane was not doing the supplying she was a party to the supply process which is how Mary can be charged with supplying drugs to herself! If you now know something you did not know before, dont forget to share!

06.01.2022 Some people might say lawyers are snakes. Today an actual snake made a trip to the office.

06.01.2022 Everyone in the office has been issued a tamagotchi, bets on Victors doesnt survive the weekend.

04.01.2022 The courts are opening up and moving matters forward. If you have an upcoming court date book a conference with our helpful lawyers.

03.01.2022 Grant started as a Solicitor with our office 2 weeks ago and is already representing our clients and office to the highest standards. If feeing supported and taken care of is what you are after in a lawyer. Give us a call!

02.01.2022 Just found this gem in the Police Powers and Responsibilities Act

02.01.2022 Its a stressful time with all the news about the pandemic. However, possibly more stressful is that Grant of our office suggested the Turkish Delights and Dream in Cadbury Favourites are the black jellybean of the lot. Frankly, I am not sure whats more upsetting that he doesnt like Turkish Delights or black jellybeans

02.01.2022 An interesting case note where a defendant was found guilty from a glove fragment with his DNA, and nothing else. http://www.murraytorcetti.com.au/case-note-circumstantial-/