Criminal Defence

Criminal L​awyers Brisbane

Gilshenan & Luton defend criminal charges across the entire range of offences – from straightforward matters such as minor assaults and drug possession cases, through to the most complex cases of homicide, financial crime, and large scale drug matters.

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Articles - Criminal Defence

Protected counselling communication privilege in criminal law Queensland

Protected counselling communication privilege in criminal law Queensland

Under Queensland’s criminal law, communications with counsellors about sexual offending are subject to a ‘protected counselling communication privilege’ during the legal process. This privilege governs what can and cannot be accessed from a complainant’s confidential conversations with counsellors.
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The use of good character evidence in sexual offence sentencing

The use of good character evidence in sexual offence sentencing

From 1 November 2025, Queensland courts will no longer accept “good character” references in sentencing for sexual offences unless those references are directly relevant to an offender’s rehabilitation prospects or likelihood of reoffending.
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How courts determine if a criminal conviction should be recorded or not

How courts determine if a criminal conviction should be recorded or not

In Queensland, when a court convicts an offender, one important question arises: should a formal ‘criminal conviction’ be recorded against the individual? Very often, the court, has a discretion whether or not to record a conviction.
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The criminal defence of provocation in Queensland

The criminal defence of provocation in Queensland

Provocation is a legal concept that recognises that sometimes people react in the heat of the moment to serious insults or wrongful acts like assaults and other offences of violence. In Queensland, provocation can be a complete defence to assault and a partial defence to murder.
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