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."
Access or Possess Child Abuse Material
Child pornography, or Child Abuse Material, is illegal in Australia. It is an offence to possess it, access it, solicit (request) it, transmit (sent) it or produce (make) it. The Offences are Commonwealth Offences, however, each of the States also have their own offences under state laws. Often people charged with offences pertaining to child abuse material are charged with both state and Commonwealth offences. A person will typically be charged with possession under the state’s legislation whereas if they access, transmit or solicit they will be charged under commonwealth legislation.
What Is Child Abuse Material?
Child Abuse Material was previously referred to as Child Pornography. It includes material that depicts a person and representations of a person who is or appears to be under 18 years of age and involves one or more of the following:
- Torture, cruelty or physical abuse;
- A sexual pose or sexual activity (whether or not in the presence of other persons);
- A child in the presence of a person engaged in a sexual pose or sexual activity;
- A sexual organ, including the genitals, breasts or anus;
- A doll or sex toy.
“Material” can include pictures, videos, GIFs, written words or stories or physical objects such as figurines or toys.
Child Abuse Offences
The following offences are some of the more common offences:
Criminal Code Section
|Possessing, controlling, producing, distributing or obtaining child abuse material outside Australia||273.6||15 years|
|Aggravated offence of possessing, controlling, producing, distributing or obtaining child abuse material outside Australia||273.7||25 years|
|Possession of child-like sex dolls||273A.1||15 years|
|Use carriage service for child abuse material (transmit, make available, publish, distribute, advertise or promote material||474.22||15 years|
|Possess or control child abuse material obtained or accessed using carriage service||474.22A||15 years|
|Possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service||474.23||15 years|
|Aggravated use of carriage service for child abuse material||474A||25 years|
Certain defences are available in relation to each of the above offences. A person may have a defence to certain offences if they can establish that the conduct (in possession, accessing, soliciting etc material) was of public benefit and did not extend beyond what is of public benefit.
Conduct may be considered to be for the public benefit if the conduct was necessary for:
- enforcing a law or for security purposes;
- monitoring compliance with, or investigating a contravention of a law; or
- administration of justice; or
- conducting scientific, medical or educational research.
The defendant bears the evidential burden in relation to the above defence.
Offences relating to prohibited material can also be contested on the basis that:
- the person did not do the acts alleged (factual defence);
- the possession was accidental;
- the person acted under duress.
If you require legal advice about child abuse material or any other legal matter, please contact Armstrong Legal.
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