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."
Murder and manslaughter are among the most serious criminal offences in the ACT. They are strictly indictable offences and must be finalised in the Supreme Court after a committal hearing in the Magistrates Court.
The ACT has several different manslaughter offences, which are governed by the Crimes Act 1900. These offences carry penalties of up to 20 years imprisonment.
Section 15 of the Act provides that a person who commits an unlawful homicide that does not amount to murder is guilty of manslaughter. The maximum penalty for manslaughter is imprisonment for 20 years.
Under Section 15 of the Act, a person commits aggravated manslaughter if they commit manslaughter and the victim is a pregnant woman. The maximum penalty for aggravated manslaughter is imprisonment for 28 years.
There are two offences of industrial manslaughter in the ACT.
Under Section 49C of the Act, an employer commits an offence if a worker dies in the course of their employment or dies from an injury sustained in the course of their employment and:
- the employer’s conduct caused the death and the employer was reckless as to causing serious harm to the worker or any worker by their conduct or negligent about causing the death of a worker.
The maximum penalty for this offence is imprisonment for 20 years, a fine of 2000 penalty units, or both.
Senior officer offence
Under Section 49D of the Act, a senior officer commits an offence if a worker dies in the course of their employment or dies from an injury sustained in the course of their employment and:
- the senior officer’s conduct caused the death and the senior officer was reckless as to causing serious harm to the worker or any worker by their conduct or negligent about causing the death of a worker.
- The maximum penalty for this offence is imprisonment for 20 years or a fine of 2000 penalty units or both.
Manslaughter as an alternative verdict
Under Section 13 of the Act, when a person is tried for murder in the ACT and it appears their actions occurred under provocation and where the jury would otherwise find the accused guilty of murder, the jury must acquit the accused of murder and find them guilty of manslaughter.
An act occurs under provocation where the act is the result of the accused’s loss of self-control induced by grossly insulting conduct of the deceased towards or affecting the accused. In order to amount to provocation, the conduct of the deceased must have been such that it could have induced an ordinary person in the accused’s position to lose self-control to the point of forming the intention to kill the deceased or to be recklessly indifferent as to the probability of causing their death.
Defences to manslaughter
A person charged with manslaughter in the ACT has a number of defences available to them.
A person is not guilty of an offence if they believed their conduct was necessary:
- to defend themselves or someone else;
- to prevent or end a person’s unlawful imprisonment;
When an accused person raises the defence of self-defence, the prosecution then bears the burden of proving that their actions were not carried out in self-defence.
A person charged with manslaughter may argue in their defence that they were suffering from a mental impairment when they carried out the conduct that forms the basis of the charge. The person will be found not guilty under Section 28 of the Code if the mental impairment is found to have had the effect that they:
- did not know the nature of their conduct;
- did not know the conduct was wrong; or
- could not control the conduct.
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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