McKays Criminal Law - Mackay, Queensland

13/02/2025

CHARGED WITH A DRINK OR DRUG DRIVING OFFICE IN QLD? Don’t let a mistake on the road cost you your livelihood! You may be eligible for a Work Licence…

A Work Licence (also known as a Restricted Licence or section 87 licence) is available for both employed and self-employed people to help them keep working despite a licence disqualification.

👉 Important: You must apply for a Work Licence BEFORE the court imposes a disqualification. Once disqualified, it’s too late to apply!

There are various restrictions attached to a Work Licence e.g. personal errands like school runs, shopping, or doctor visits are not allowed.

To be eligible to apply, you must meet ALL of these conditions:
✔ Held a QLD open driver licence at the time of the offence
✔ Were not driving for your job at the time
✔ Haven’t been convicted of a drink driving offence or licence disqualification in the last 5 years (SPER suspensions excluded)
✔ BAC was below 0.15% or charged with a relevant drug in your system (not driving under the influence of drugs)

You are NOT ELIGIBLE if:
✘ You were driving a vehicle you weren’t authorised to drive
✘ You were on a provisional licence or learner permit
✘ Your BAC was above 0.15%
✘ You were charged with driving under the influence of a drug

👉 Let our experienced traffic law team at McKays Solicitors guide you through the process and give you the best chance of success.

📞 Contact us today to book a consultation – www.mckayslaw.com/criminal-law

30/08/2023

CONGRATULATIONS! | We are excited to share our news that Robert Beamish has been promoted to the position of Associate! Rob has been recognised by McKays for his outstanding technical and advocacy skills in all aspects of criminal and traffic law, as well as domestic violence matters. As a former police prosecutor in the Mackay region, Rob has the knowledge and expertise in both police prosecutions and private practice, to provide his clients with clear and realistic advice, protecting their rights and ensuring fairness. Rob passionately supports his clients, and due to his determination, skill, and natural ability to strategise, the feedback we receive is always exemplary. Over the years, Rob has developed a strong reputation as a very capable criminal lawyer, yet he still takes the time to give back to the Mackay community – currently sitting on the Mackay Rugby Union Judiciary. Rob’s down to earth and relatable manner make him a natural go-to in the office, and he thrives on assisting others to reach their full potential. Well done Rob, we are so pleased to see you reach this significant milestone in your career!

31/01/2023

CONGRATULATIONS! | A huge congratulations to criminal law solicitor, Marcus Hahn on his promotion to Associate! After a very successful career as a police officer (dog squad), then a police prosecutor, Marcus joined the McKays team in early 2021. Marcus quickly stood out to us as someone who can build trusting and long lasting relationships with his clients. He is compassionate, down to earth, driven and passionate about helping others. Marcus has a wealth of knowledge and experience, which he applies to every matter that he takes on. This, combined with a quick mind and a determination to succeed, sees Marcus achieve incredible outcomes for his clients. He also brings to McKays many other skills and qualities, and his easy going and relatable nature make him a pleasure to work with. Congratulations Marcus, we are so pleased to see you achieve this milestone with us – it is very well deserved.

14/12/2022

17/10/2022

CAN POLICE SEARCH MY MOBILE PHONE? | A search warrant or an order for access information after a device has been seized at a search warrant/crime scene is required for police to lawfully obtain the access information (PIN/passcode) for your mobile phone and use that information to gain access to your device. If you are served with one of these court orders, it is an offence to refuse access without a reasonable excuse. It is not a reasonable excuse to refuse access on the basis that complying might tend to incriminate you.

In the absence of a court order police have the general power to seize your mobile phone if they reasonably suspect the device is evidence of the commission of an offence, however they must ask for your consent to search the device in these circumstances and you are entitled to decline to provide your access information without committing an offence. Police also have the power to search your person and seize your mobile phone if you are placed under arrest. Again, police must obtain your informed consent to search your device and you are not required to provide your access information.

If police have seized your mobile phone or you are charged with an offence arising out of the seizure of your mobile phone, please contact our experienced criminal solicitors for advice.

30/09/2022

MEET ROBERT, SENIOR SOLICITOR | Rob began his career in criminal law as a police prosecutor around Mackay and surrounding regions. As a prosecutor, he appeared in Court on a daily basis and was designated prosecutor for Children’s Court, Domestic Violence and case conferencing. His background has given him an extensive and unique insight into all areas of criminal law. With a down-to-earth and personable approach, Rob always goes above and beyond for his clients and achieves results. Alongside fellow senior solicitor Marcus, Rob also serves on the Judiciary for Mackay Rugby Union.

In his spare time, Rob enjoys playing golf, fishing and spending time with family.

19/08/2022

CASE CONFERENCING | If you are legally represented, there is scope to ‘case conference’ (negotiate) Magistrate Court matters. Case conferencing includes discussions between your solicitor and Police Prosecutions where they discuss issues in dispute in an attempt to bring about an early resolution to your proceeding. These discussions may result in, but are not limited to, the amendment, substitution or withdrawal of charges and/or the agreement as to a factual basis of a sentence and submissions on the sentencing range.

The team at McKays Criminal Law have achieved excellent results from the case conferencing process. If you are charged with an offence, be sure to contact our experienced criminal team at McKays Solicitors to discuss your options on case conferencing your charges.

09/08/2022

MEDIA AND COURT | As we know, criminal matters often attract a high level of public interest, especially on social media.

Regardless of how persistent or demanding a media representative might be, it is important that you understand that you are never required to talk to them about your case. Given that comments made to media can impact on court proceedings or ongoing police investigations, it is always best to refrain from speaking with them.

Your solicitor will also very rarely, if ever, speak with media as commenting on a matter may impact a fair trial. Rule 28 of the Solicitor Conduct Rules states that: “a solicitor must not publish or take steps towards the publication of any material concerning current proceedings which may prejudice a fair trial or the administration of justice”.

If your matter is finalised in an open Court, the media may write about your matter and the outcome. However, there are certain circumstances where media are prohibited from reporting on your matter, or aspects of your matter, including:

▫️ Where you are under the age of 17 years;
▫️ Where there is information that will identify the victim of a sexual assault or domestic violence matter;
▫️ When the Magistrate or Judge makes a ‘suppression order’ (or ‘non-publication’ order); or
▫️ In the case of a jury trial, where anything is said in the absence of the jury.

If you have been charged with an offence and are interested in talking to the media or, alternatively, are concerned about the potential of media reporting of your matter, please contact our experienced criminal team at McKays Solicitors for legal advice.

18/07/2022

HOW LONG DOES A CRIMINAL RECORD LAST | If you have previously been dealt with in the Courts, you generally have to disclose any criminal convictions that are recorded. However, after a certain period of time, a recorded conviction will become a ‘spent conviction’, which means, as a general rule, you do not have to disclose the conviction and it will not appear on a police check.

In Queensland, a conviction will become ‘spent’ after a period of time if you:

⚖️ Were not sentenced to a period of imprisonment or sentenced to imprisonment for a period of less than 30 months; and
⚖️ Have not broken the law since your conviction.

The period of time that has to pass before the conviction becomes ‘spent’ is:

➡️ 10 years if you were convicted in the District or Supreme Court; or
➡️ 5 years if you were convicted in the Magistrates Court, unless you were ordered to pay restitution, in which you have until this is paid.

It is important to note that there are certain employment professions which require disclosure of your criminal history, including any spent convictions. Certain applications may also require you to disclose your criminal history and any spent convictions, so it is important that you carefully read the wording of questions asked of you in any applications to ensure that you are not being misleading.

If you have previously been convicted of an offence and concerned about your obligations of your disclosure, please contact our experienced criminal team at McKays Solicitors for legal advice.

15/07/2022

On Tuesday 12 July, 2022, our client was found not guilty on all 3 charges. He was also awarded $6,000.00 in costs that the Queensland Police Service must pay within 28 days.

Our client was charged with serious assault of a police officer, obstructing police and being a public nuisance following a protest at Caneland Central.

It was alleged that our client struck a senior sergeant in the face twice, with one officer likening the action to a “coward’s punch”. However, there was no evidence, from CCTV footage, police body worn camera footage or mobile video recordings of the incident, that the officer was struck in the face by our client. The pressing magistrate commented “there is in my view no objective evidence that supports a coward punch” and that the evidence “shows police coming into this situation in a very forceful way”.

Both the arresting officer and the victim officer were found to be “unreliable” in their evidence and police were criticised for their “heavy-handed approach” and “very aggressive manner”. The Magistrate further questioned whether they were “acting in the ex*****on of [their] duties”.

We are pleased to have assisted our client in serving justice in what has been a very stressful time for them.

(Posted with client’s permission)

A Mackay magistrate has questioned if “heavy-handed” police tactics may have contributed to an anti-Covid vax mandate rally at Caneland Central descending into violence as she acquitted a teacher charged with serious assault against a senior sergeant.

07/07/2022

MEET MARCUS, SENIOR SOLICITOR ⚖️ | As a former long-serving police officer and police prosecutor, Marcus has a passion for police accountability and his unmatched background gives him a unique perspective and knowledge into both sides of the justice and court system. A strong communicator, Marcus always zealously advocates for his clients’ rights and always goes the extra mile to achieve results. Marcus also serves as the Judiciary Chairman for Mackay Rugby Union.

In his spare time, Marcus enjoys spending time with family and friends as well as keeping fit.

27/06/2022

INCREASE IN TRAFFIC FINES FOR QUEENSLANDERS | From 1 July, 2022, in an attempt by the Queensland Government to curb dangerous driving, drivers in Queensland, if charged with the below offences, will face a hefty fine increase.

It is important to be aware of these changes and seek legal advice immediately if you do not agree with a charge or infringement notice issued to you. Our experienced traffic lawyers are always available to assist you.