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."
Recruiting People To Engage In Criminal Activity
Recruiting people to engage in criminal activity is a rarely charged offence in the ACT, despite the definition of recruiting being very broad and the maximum penalties involving significant periods of imprisonment. The maximum penalty for recruiting is seven years’ imprisonment. The maximum penalty is10 years if the person recruited is a child.
What Is The Definition of Recruiting?
Recruiting can be constituted by counselling, procuring, soliciting, inciting or inducing someone to carry out, or assist in carrying out, criminal activity. None of the alternative terms mentioned are defined in the Criminal Code Act 2002, and as such, they have their ordinary meaning .
While their meanings are not spelt out, “counselling” and “procuring” are specifically referred to in a separate section of the Criminal Code, which deals with complicity and common purpose. While specifically referred to, along with aid and abet, they are still not separately defined and will carry their ordinary meaning. It is arguable that few people are charged with recruiting because they are instead charged with common purpose.
The Offence Of recruiting people to engage in criminal activity
Section 655(1) of the Criminal Code 2002 states that a person commits the offence of recruiting if the person recruits someone else to carry out, or assist in carrying out, a criminal activity.
“Criminal activity” is defined by Section 650 of the Code as being conduct that constitutes an indictable offence. An indictable offence is one that is punishable by a maximum penalty of imprisonment for longer than 2 years, or is declared by an ACT law to be an indictable offence.
The offence of recruiting is located in an area of the Code – Part 6A – which deals also with criminal groups. This is an area in which various legislatures have been active in recent years in efforts to curb the activities of outlaw motorcycle gangs, among others.
Section 655(2) makes provisions for an aggravated offence and states that a person commits an offence if:
- the person recruits a child to carry out, or assist in carrying out a criminal activity.
What actions might constitute recruiting someone to engage in criminal activity?
- A person seeking to convince a friend to help them load stolen property on to a truck.
- Someone trying to persuade a work colleague to join a club or organisation that might be considered a criminal group (ie a bikie gang).
- For the aggravated offence: adult offering to pay a to keep a lookout while the adult breaks into a home.
What the police must prove
In order to convict a person of this offence, the police must prove beyond reasonable doubt that the person charged:
- recruited someone; and
- that the recruiting was for the purpose of carrying out criminal activity, or
- that it assisted the carrying out of criminal activity.
It may be possible to defend the charge by:
- maintaining innocence if you were not the person involved in the alleged offence.
- arguing that your actions did not amount to ‘recruiting’.
- arguing that no criminal activity was carried out, or assisted.
- in relation to the aggravated offence, arguing that the person recruited was not a child.
- arguing that the accused acted under duress.
Which court will hear the matter?
There are various factors to be considered about which Court you might choose for your matter to be determined, if contested, or sentenced, if pleading guilty.
If you would like any legal advice on recruiting people to engage in criminal activity or any other legal matter, contact us on 1300 038 223 or send us an email.
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