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."
Assault Occasioning Actual Bodily Harm
In New South Wales, an assault that results in actual bodily harm is a more serious offence than a simple assault. Assault occasioning actual bodily harm in governed by section 59 of the Crimes Act 1900 and is punishable by a maximum penalty of five years imprisonment.
What is actual bodily harm?
Case law defines actual bodily harm as an injury that is “more than merely transient or fleeting.” Commonly, scratches and/or bruises to another person can be defined as actual bodily harm. On occasion, it can also cover serious psychological injuries.
Actual bodily harm is less serious than grievous bodily harm, which involves a really serious injury such as permanent disfigurement, a broken bone or the infection with a serious disease.
An assault occasioning bodily harm charge can be dealt with in the Local Court as a summary offence or in the District Court as an indictable offence.
Penalty for assault occasioning actual bodily harm
A person found guilty of an assault occasioning bodily harm is liable to imprisonment for up to five years. However, if the assault was committed in company with another person the accused is liable to up to seven years imprisonment.
If the offence is dealt with summarily, the maximum penalty that can be imposed is two years imprisonment.
Defences to assault occasioning actual bodily harm
A person charged with as assault occasioning actual bodily harm may rely on a number of legal defence, including the following.
A person is not guilty of an offence if there actions were necessary to defend themself or another person from a physical attack. Whether a person’s actions were necessary in self-defence is assessed based on all the circumstances including the nature of the threat that was faced and the characteristics of the accused, including their age, sex and size.
A person is not guilty of an offence if they were essentially ‘forced’ to commit the offence by another person making a serious threat to them or to another person if they do not comply. This defence is known as duress.
Causing dog to inflict actual bodily harm
A separate offence involving actual bodily harm also exists under the Crimes Act. This offence is causing a dog to inflict actual bodily harm and is contained in section 35A. This offence occurs when a person has control of a dog and causes the dog to inflict actual bodily harm on a person and is reckless to the injury that may be caused by the act. This offence is also punishable by up to five years imprisonment.
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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