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."
Annulment Of Conviction
A person may apply to have a conviction or penalty annulled when the order was made in the Local Court in the defendant’s absence. ‘Annul’ means ‘declare invalid’. It is possible to a conviction or penalty that was made in the Local Court in the defendant’s absence annulled on the basis that they did not have the opportunity to enter a plea or to make submissions to the court prior to its decision.
When dealing with certain offences, the Local Court has the power to finalise the matter, record a conviction and impose a penalty in the defendant’s absence. There are many reasons why a person may not attend court. These include sickness and an error with the court date. Where this happens, it may be possible to annul the court’s decision and have the matter re-determined. The process is called an annulment application.
Can I Apply For An Annulment?
A person can apply for the annulment of a conviction or sentence imposed by the Local Court in their absence. The application is to be filed at the Local Court Registry where the original proceedings were held.
A person can only apply when they were not at court when the conviction was entered and/or the sentence imposed. They can also apply to the Minister and if the Minister is satisfied that there is doubt concerning their guilt or liability the conviction may be annulled.
What Are The Requirements For An Annulment Application?
A person must apply within two years of the date of the conviction or sentence. Only one application for annulment can be made the same matter, unless permission is obtained from the Local Court. The application must be in writing and must be lodged with the Registry of the relevant Local Court.
Evidence in support of an annulment application can also be filed with the court, at the time of filing the annulment application, on a later date, or even on the date the application is heard. Evidence might include affidavits explaining why the defendant did not attend court, medical certificates or travel itineraries.
What Happens After I Lodge The Annulment Application?
The Registry will notify the person seeking the annulment of the date, time and place for hearing of the application. The Local Court can deal with the application whether the person is present or absent. The application may be heard in open court or in closed court, depending on the circumstances. When the court is dealing with an application, it may stay (postpone) the execution of the sentence, meaning that the sentence does not take effect until the application is determined.
When Must The Court Grant an Annulment?
The court must grant an annulment application where:
- the defendant was not aware of the original Local Court proceedings until after they were completed, or
- the defendant could not take part in the original proceedings because of an accident, illness, misadventure or other significant cause, or
- it would otherwise be unjust (having regard to the circumstances of the case) not to grant an annulment,
What Is The Effect Of The Annulment?
Once the conviction or sentence has been annulled, it no longer has any effect. Any enforcement taken against a person will be reversed. If a fine is annulled, the person will receive a refund if they have already paid the fine. That being said, it is not the end of the matter. The court still needs to determine the charge and will require the person to enter a plea of guilty or not guilty. If the person enters a plea of guilty they can be sentenced at that time, or at a later date. If a person pleads not guilty, the matter will be adjourned for service of the brief of evidence and hearing.
If you require legal advice about annulments 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?
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