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With a cramped time frame, she did in 3 days what another firm dilly-dallied for 7 months. Lisa kept me informed. Helena made me feel comfortable in a sticky situation.

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I will definitely be using your company in the future if needed. Lisa kept me at ease also there were no grey areas with great advice. Helana is a great front of house.

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My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you

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I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.

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Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.

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Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.

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Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.

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I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!

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I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.

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

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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.

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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.

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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.

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"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."

This article was written by Michelle Makela - Legal Practice Director

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning. Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (state and federal industrial tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

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:

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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