I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
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."
Going Equipped for Theft
It might have an quaint or even antiquated-sounding title but this is a serious charge with serious penalties. It captures a wide range of activity and a broad range of items that you could be “going equipped” with.
Penalties include not only fines and prison terms but forfeiture of the items, and similar items as well.
A court can impose any of the following penalties:
- Imprisonment (Jail – Full Time)
- Intensive Correction Order
- Suspended Sentence
- Community Service Order (CSO)
- Good Behaviour Order
- Section 17 (ACT): Non-conviction Order
The Offence of Going Equipped for Theft
Section 315 of the Criminal Code 2002 states the offence of Going Equipped for Theft is committed if a person has with him or her an article with intent to use it in the course of or in relation to theft or a related offence. A related offence is defined as robbery, aggravated robbery, burglary and aggravated burglary, taking a motor vehicle without consent or obtaining property by deception.
The maximum penalty is a fine of 300 penalty units and/or three years’ imprisonment.
Section 316 states that, if the article found with the person is an offensive weapon, the maximum penalty rises to 500 penalty units and/or five years’ imprisonment. However, for this section, “a related offence” does not include taking a motor vehicle without consent or obtaining property by deception.
An offensive weapon is defined in the Code as including:
- anything made or adapted for use for causing injury to or incapacitating a person;
- anything that a person has with the intention of using, or threatening to use, to cause injury to or incapacitate someone else;
- a firearm, or anything that may reasonably be taken in the circumstances to be a firearm;
- a knife, or anything that may reasonably be taken in the circumstances to be a knife;
- an explosive, or anything that may reasonably be taken in the circumstances to be or contain an explosive.
Section 375 of the Code provides that if a person is found guilty of going equipped he or she must forfeit to the Territory the article and any other article of the same kind that is in the person’s custody or possession. The same applies to offensive weapons if the going equipped was with an offensive weapon.
What the Police Must Prove
The police must prove that you had the requisite level of intent, which is defined in the Code at Section 18:
- a person has intention in relation to conduct if the person means to engage in the conduct;
- a person has intention in relation to a result if the person means to bring it about or is aware that it will happen in the ordinary course of events;
- a person has intention in relation to a circumstance if the person believes that it exists or will exist.
Further, the Prosecution must prove that intent was in relation to the particular nominated offences specified in Section 315. It will have to prove, also, that the alleged article was actually with the accused person.
If the charge relates to an offensive weapon, the Prosecution will have to prove all the above elements of the offence and that the article was an offensive weapon.
Possible Defences to Going Equipped For Theft
Identity can be an issue in these types of offences as many are alleged to have occurred at night or in dimly lit places. Other defences can include, but are not limited to, duress, necessity and emergency.
Which Court Will Hear Your Matter?
As the offences carry maximum prison terms of three and five years, the Prosecution can elect to have them remain in the ACT Magistrates Court, where the maximum penalty that can be imposed is two years. If the Prosecution does not make that election, the defendant can still “consent to the jurisdiction” of the Magistrates Court.
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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