Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Defence of Accident
When a voluntary or intended act has unintended, unexpected or reasonably unforeseeable consequences, the defence of accident is available to an accused person.
While the other Criminal Code jurisdictions (Queensland, Tasmania and the Northern Territory) speak directly of accident or intention and motive, the ACT’s Criminal Code 2002 does not. Rather, it speaks of four fault elements, which are intention, knowledge, recklessness and negligence. Matters can be successfully defended in the ACT where the prosecution cannot prove beyond a reasonable doubt that the accused’s actions were not accidental.
Justice McHugh of the High Court defined accident in Povey v Qantas Airways Ltd (2005) 223 CLR 189, where he said, “Voluntary or intended acts of a person that cause harm to another may constitute an ‘accident’ where the harm was not intended or reasonably foreseeable.”
His Honour noted an earlier judgement of Justice Gibbs, in Kaporonovski v The Queen (1973) 133 CLR 209, where it was said, “It must now be regarded as settled that an event occurs by accident within the meaning of the rule if it was a consequence which was not in fact intended or foreseen by the accused and would not reasonably have been foreseen by an ordinary person.”
The NT Code says specifically, “A person is excused from criminal responsibility for an act, omission or event unless it was intended or foreseen by him as a possible consequence of his conduct.
“A person who does not intend a particular act, omission or event, but foresees it as a possible consequence of his conduct, and that particular act, omission or event occurs, is excused from criminal responsibility for it if, in all the circumstances, including the chance of it occurring and its nature, an ordinary person similarly circumstanced and having such foresight would have proceeded with that conduct.”
Tasmania’s Code says, “No person shall be criminally responsible for an act, unless it is voluntary and intentional; nor, except as hereinafter expressly provided, for an event which occurs by chance.”
Queensland’s Code talks of motive, saying, that, subject to the express provisions of the Code relating to negligent acts and omissions, a person is not criminally responsible for:
- an act or omission that occurs independently of the exercise of the person’s will; or
- an event that:
- the person does not intend or foresee as a possible consequence; and
- an ordinary person would not reasonably foresee as a possible consequence.
Section 9 of the Road Transport (Road Rules) Regulation 2017 provides that it is a defence to an offence against the Regulation if the defendant proves that the offence:
- was the result of an accident; or
- could not have been avoided by any reasonable efforts by the defendant.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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