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."
In New South Wales, the offence of affray is contained in s 93C of the Crimes Act 1900. It carries a maximum penalty of 10 years imprisonment A person can be charged with affray if they use or threaten to use unlawful violence towards another person. These acts of violence or threats of violence must be serious enough to cause a person of reasonable firmness to fear for their personal safety. In other words, the acts or threats must be serious enough to make an ordinary bystander scared of being injured or harmed by the person charged. This is a question of degree – the more aggressive the threats or the more serious the violence the more likely it is that a person of reasonable firmness would be concerned for their safety.
What Actions Might Constitute Affray?
Common examples of the offence of affray include:
- Getting into a fight in front of one or more people;
- Yelling and threatening to punch someone;
- Road rage; or
- Participating in a riot.
What the Police Must Prove?
To convict a person of affray, the prosecution must prove each of the following matters beyond a reasonable doubt:
- They used, or threatened to use violence towards another person;
- They intended to use or threaten to use violence;
- Their actions would cause a reasonable person to fear for their personal safety; and
- They did so without lawful excuse.
Possible Defences for Affray
A person charged with affray may validly argue in their defence that:
- They did not use or threaten to use violence;
- That a person of reasonable firmness would not have feared for their personal safety because of the conduct; or
- That they were acting in self-defence.
Which Court Will Hear Your Matter?
This charge is a “Table 1” offence which means that either the person charged or the prosecution can elect to have the matter dealt with in the District Court. If neither party makes this election the matter will be finalised in the Local Court.
What Will Happen if I Plead Guilty to Affray?
If a person has been charged with affray and wants to plead guilty, they can inform the court of this at the first mention. The court may finalise the matter on the day or adjourn until another date to finalise the matter if there are other steps that need to be taken prior to sentencing. This may include gathering supporting documentation such as character references are applying to take part in a rehabilitation program (where alcohol or drugs are a factor in the offending).
The court then conducts a sentencing hearing and hears submissions from the defence about the circumstances of the offence, the accused’s personal circumstances, any other legal principles that are relevant and what the appropriate penalty might be. It then makes the appropriate sentencing orders.
If you require legal 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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