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.
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.
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!!!!
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
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 is 10 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 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 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 Code 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 (i.e. a bikie gang).
- For the aggravated offence: an adult offering to pay someone 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, either
- 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.
For 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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