Arson

You may be charged with arson if you wilfully and unlawfully set fire to any of the following, whether completed or not:-

1. A building or structure;

2. A vessel;

3. A stack of cultivated vegetable produce, or of mineral or vegetable fuel;

4. A mine, or the working, fittings, or appliances of a mine; or

5. Any aircraft or motor vehicle.

Which Court will hear the matter?

Arson offences will be dealt with in the District Court.

What is the maximum penalty?

The maximum penalty is life imprisonment.

If you are charged with arson, you should seek legal advice immediately.

Extortion (blackmail)

You may be charged with extortion if you, without a reasonable cause, make a demand:-

1. With intent to –

   • Gain a benefit for any person (whether or not it is yourself); or

   • Cause a detriment to any person other than yourself; and

2. With a threat to cause a detriment to any person other than themselves.

It does not matter that:-

1. The threat is made in a way ordinarily used to inform the public rather than a particular person; or

2. The threat does not specify the detriment to be caused; or

3. The threat does not specify the person to whom the detriment is to be caused or specifies this in a general way; or

4. The detriment is to be caused by someone other than the demander.

What Court will hear the matter?

This offence will be dealt with in the District Court.

What is the maximum penalty?

The maximum penalty is 7 years imprisonment.

If you are charged with extortion, you should seek legal advice immediately.

Deprivation of Liberty

You may be charged with deprivation of liberty if you confine or detain someone in any place, against their will. You may also be charged with deprivation of liberty if you deprive someone of their personal liberty. You must deprive them unlawfully to be guilty of this offence.

Which Court will hear the matter?

The offence will be dealt with in the District Court.

What is the maximum penalty?

The maximum penalty for depriving someone of their liberty is 3 years imprisonment.

If you have been charged with depriving someone of their liberty, you should seek legal advice immediately.

Stalking

You may be charged with stalking if your attention directed towards someone is considered by that person to be threatening or harassing. Stalking includes a wide range of behaviours, including the following:-

1. Contacting a person (by any means);

2. Sending gifts to a person;

3. Intimidating, harassing or threatening a person; or

4. Following a person.

Your behaviour does not have to be repeated to amount to stalking. You can be charged after a single incident if you have caused reasonable apprehension or fear, or cause detriment to another person.

Which Court will hear the matter?

The offence of stalking may be dealt with in the Magistrates Court or District Court, depending on the circumstances.

What is the maximum penalty?

The maximum penalty for this offence is 5 years imprisonment.

However, where there are circumstances of aggravation, the maximum penalty is increased to 7 years imprisonment.

Circumstances of aggravation may include:

1. If you used, or intentionally threatened to use, violence against someone or their property;

2. You possessed a weapon within the meaning of the Weapon’s Act 1990 (Qld); or

3. You breached, or threatened to breach an injunction or order put in place by a Court or Tribunal under law.

If you have been charged with stalking, you should seek legal advice immediately.

Wilful Damage

If you damage property without the consent of its owner, you may be charged with wilful damage. The damage caused does not have to be permanent or even significant for you to be charged with wilful damage.

Whilst the definition of wilful damage is broad, some examples of wilful damage include:-

1. Damaging a wall or door;

2. Damaging or breaking a window or screen;

3. Damaging a car; and

4. Damaging a street sign.

Which court will hear the matter?

The charge of wilful damage is usually dealt with in the Magistrates Court. However, some circumstances of aggravation may require your charge to be finalised in the District Court.

What is the maximum penalty?

The maximum penalty for wilful damage is 5 years imprisonment. However, in certain situations, the maximum penalty will increase. These penalties include:-

• Wilful damage to an educational institution - 7 years imprisonment

• Wilful damage to a grave - 7 years imprisonment

• Wilful damage to property to a public place by graffiti - 7 years imprisonment

• Wilful damage to a vessel that is distressed, wrecked or stranded - 7 years imprisonment

• Wilful damage to a railway - 14 years imprisonment

• Wilful damage to an aircraft - 14 years imprisonment

• Wilful damage of a will or testamentary instrument - 14 years imprisonment

• Wilful damage to a premise by an explosion, with a person present at the premise or a threat to life - Life imprisonment

• Wilful damage of a sea or inland wall - Life imprisonment

In addition to any other penalty imposed, you may be ordered to pay restitution to the owner of the property damaged if you are charged with wilful damage.

If you have been charged with wilful damage, you should seek legal advice immediately.

Trespass

You may be charged with trespass if you do not have the consent of the owner to enter a property or business. If you are asked to leave a property or business, you must do so as your lawful right to enter has been withdrawn. If you refuse to leave, you may be charged with trespass.

What Court will hear my matter?

Trespass charges are dealt with in the Magistrates Court.

What is the maximum penalty?

The maximum penalty is 12 months imprisonment.

If you have been charged with trespass, you should seek legal advice immediately.

Public Nuisance

You may be charged with public nuisance if your behaviour interferes with the use of a public place. if your behaviour in a public place is:-

1. Interferes with another person’s peaceful passage through, or enjoyment of the public place or;

2. Is disorderly, offensive, threatening or violent.

There are various circumstances that can lead to you being charged with public nuisance. Circumstances can include:-

1. If you are intoxicated and disturb others;

2. If you threaten or disrupt a person or group; and

3. If you use inappropriate or explicit language.

A public place is defined as any place used by the public and includes parks, bus stops, taxi ranks, and streets.

What court will hear my matter?

Public nuisance offences are dealt with in the Magistrates Court.

What is the maximum penalty?

The maximum penalty is 6 months imprisonment.

If you commit a public nuisance offence within licensed premises, or in the vicinity of licensed premises, the maximum penalty is increased from 10 penalty units to 25 penalty units.

If you have been charged with public nuisance, you should seek legal advice immediately.