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."
Cannabis Offence Notice
Usually if you are found to have committed an offence, the police will issue a Court Attendance Notice requiring you to attend court on a criminal charge. However, if you have committed a simple cannabis offence the police may exercise their discretion to issue a Simple Cannabis Offence Notice instead, commonly referred to as a ‘SCON’.
A Simple Cannabis Offence Notice (‘SCON’) is a less serious alternative to a Court Attendance Notice. Police have discretion to issue you with a SCON instead of a Court Attendance Notice if you have committed a simple cannabis offence. The consequences of being issued with a Court Attendance Notice or a SCON are:-
|Court Attendance Notice||Simple Cannabis Offence Notice|
|Do I have to attend court?||Yes||No|
|Is this a criminal charge?||Yes||No|
|Will this result in a criminal record?||Yes||No|
Essentially a SCON allows you to pay a prescribed penalty ($100) in full satisfaction of the matter. That means you do not have to attend court, will not be criminally charged, and will not have a criminal record. However, if you do not pay the penalty within 60 days of service then criminal proceedings may be commenced against you. If this happens you may end up with a criminal charge against you and, ultimately, a criminal record.
The SCON will specify the nature of the alleged offence, as well as the date, time and place the offence is alleged to have been committed. The SCON must be served on you if you are over 18 years, or on your parent or guardian if under 18 years. The government analyst may then destroy the cannabis seized from you.
What Is A Simple Cannabis Offence?
Section 171A of the Drugs of Dependence Act 1989 classifies the following 3 offences as simple cannabis offences:-
- Cultivating one or two cannabis plants, excluding plants that are cultivated artificially (contrary to section 162 of the Drugs of Dependence Act1989). If your matter proceeds to court you may be fined up to 1 penalty unit for committing this offence.
- Possessing not more than 50g of cannabis (contrary to section 171(1) of the Drugs of Dependence Act1989). If your matter proceeds to court you may be fined up to 1 penalty unit.
- Administering cannabis to yourself (contrary to section 37(2) of the Medicines, Poisons and Therapeutic Goods Act 2008). If your matter proceeds to court you may be fined up to 100 penalty unitsand/or sentenced to 1 year imprisonment.
The above are the maximum penalties that apply if your matter proceeds to court. However, the police have discretion to issue you with a Simple Cannabis Offence Notice (‘SCON’) as an alternative way of dealing with the offence.
Will I Get A Criminal Record?
In short, no. If you pay the penalty within 60 days after service of the SCON, no further action will be taken by police and the matter will be considered finalised. You will not be required to attend court, there will be no criminal charge laid against you, you will not be convicted of the offence, and you will not have a criminal record. Like with traffic infringements, there will be a record of the payment made but this does not count as an admission or a plea of guilty.
What Happens If I Do Not Pay the Penalty in Time?
If you do not pay the penalty within 60 days after service of the SCON you may be issued with a Court Attendance Notice. If this happens you will be charged with a criminal offence. You will have to attend court where you may be convicted and ultimately end up with a criminal record.
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?
201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
231 North Quay
Brisbane QLD 4000
1 Farrell Place
Canberra ACT 2601
111 St Georges Terrace
Perth WA 6000