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."
Wounding is a charge carrying a maximum five-year prison term that is found as part of the suite of Offences Against the Person in the Crimes Act 1900. Unlike NSW, the ACT retains a simple wounding charge, rather than separate charges, with various gradations of seriousness, of wounding or grievous bodily harm with intent, and reckless grievous bodily harm or wounding. Depending on the particular charge, the NSW offences carry maximum penalties of 7, 10, 14 and 25 years – all greater than the ACT penalty for “wounding”.
The Offence Of Wounding
Section 21 of the Act states:
“A person who intentionally wounds another person is guilty of an offence punishable, on conviction, by imprisonment for 5 years. However, for an aggravated offence against this section, the maximum penalty is imprisonment for 7 years.”
In the ACT, aggravated offences in this section are offences against pregnant women, and are explained further at Section 48A of the Act.
What Actions Might Constitute Wounding?
This charge is often laid where someone has been cut or stabbed. The court must find that the accused intended to wound the other person. Punching, hitting, cutting or kicking another person causing the skin to break but not causing permanent or serious disfigurement might also lead to a charge of wounding.
What Is Wounding?
A wound is an injury involving the breaking or cutting of the interior layer of the skin (dermis). The breaking of the outer layer (epidermis) is not sufficient. Examples of a wound might include a split lip or a deep cut. Generally speaking, the seriousness of the offence – and so the potential penalty – will significantly depend upon the seriousness of the injury.
Will I Get A Criminal Record From A Wounding Charge?
Most probably. A criminal conviction will be recorded if you are found guilty unless the court is convinced that it should exercise its discretion not to convict you of the offence.
What The Police Must Prove
The prosecution must prove each of the following elements, beyond a reasonable doubt:
- that you were the person who committed the relevant act;
- that you intended to wound the other person;
- that the other person’s injury involved the breaking or cutting of the interior layer of the skin (dermis).
Possible Defences For Reckless Wounding
A person charged with this offence may argue in their defence that they were acting in self-defence or in defence of another person.
Which Court Will Hear my Matter?
As wounding carries a maximum penalty of five years’ imprisonment, the Prosecution can elect (within a specific timeframe) for your matter to be kept in the Magistrates Court, where the maximum penalty that can be imposed is two years’ jail.
If the Prosecution does not make that election, the Defence is still able to “consent to the jurisdiction” of the Magistrates Court but may choose instead to have the matter heard in the Supreme Court. This course provides for a contested matter to be decided by a jury.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
Murder and manslaughter are among the most serious criminal offences in the ACT. They are strictly indictable offences and must…
Recording a phone call or conversation using a smartphone is increasingly common. But is it legal to record a phone…
The sale, supply and consumption of alcohol in the ACT is governed by the Liquor Act 2010. The act imposes various offences…
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
91 North Quay
Brisbane QLD 4000
Nishi, 2 Phillip Law Street
Canberra ACT 2601
111 St Georges Terrace
Perth WA 6000