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."
The Defence of Claim of Right
Honest claim of right is a defence to some property offences, such as theft. It involves a genuine belief held by an accused that he or she is entitled to the property he or she has allegedly stolen.
The test for a defence of claim of right
A genuine belief held by a person that they have a bona fide claim to certain money or property is a defence to any crime of which larceny is an element. The defence also extends to any person who takes the property on behalf of another, or in collaboration with another, whom they believe to have a bona fide claim to it.
The Law and The Onus of Proof for A Defence of Claim of Right
The Criminal Code 2002 provides for the defence of claim of right in the ACT. Section 38 provides:
- A person is not criminally responsible for an offence that has a physical element relating to property if
- when carrying out the conduct required for the offence, the person is under a mistaken belief about a proprietary or possessory right; and
- the existence of the right would negate a fault element for any physical element of the offence.
- A person is not criminally responsible for any other offence arising necessarily out of the exercise of a proprietary or possessory right that the person mistakenly believes to exist.
- This section does not negate criminal responsibility for an offence relating to the use of force against a person.
The accused must present evidence that raises the defence). The prosecution must then negate the defence beyond a reasonable doubt.
Principles for A Defence of Claim of Right
The NSW Court of Criminal Appeal summarised the legal principles relating to claim of right, including that:
- the claim must involve a belief about the right to property or money in the hands of another;
- the belief must be honestly held;
- the belief must be one of a legal right to the property not just a moral one.
The claim of right is not confined to the specific property or money and can extend to cases where what is taken is their equivalent in value, such as for safekeeping, or as security for a loan, yet the actual intention was to sell it.
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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Sydney NSW 2000
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Perth WA 6000