I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
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."
Intentionally Causing a Bushfire
In New South Wales, intentionally causing a bushfire and being reckless to it spreading is an offence that carries a maximum penalty of 14 years imprisonment, however, if a person dies as a result of a bushfire, the perpetrator may be charged with murder or manslaughter which can carry a maximum penalty of up to 25 years imprisonment.
This offence is taken very seriously by the Courts. Bushfires inevitably cause significant damage to property and often result in the death or injury of wildlife. Due to the seriousness of the offence, the starting point in sentencing will often be a sentence of imprisonment. It is extremely unlikely that a person will receive a section 10 non conviction order for this offence.
The Offence of Causing a Bushfire
The offence of causing a bushfire and being reckless to it spreading is contained in section 203E of the Crimes Act 1900 which states:
- Who intentionally causes a fire, and
- Who is reckless as to the spread of the fire to vegetation on any public land or on land belonging to another
Is guilty of an offence.
What Actions Might Constitute Causing a Bushfire?
Causing a fire includes:
- Lighting a fire, or
- Maintaining a fire, and
- Failing to contain a fire, except where the fire was lit by another person or the fire is beyond the control of the person who lit the fire.
What the Police Must Prove
To convict you of a causing a bushfire and being reckless to its spread, the police must prove each of the following matters beyond a reasonable doubt:
- You intentionally caused a fire
- You were reckless as to the spread of the fire to vegetation on any public land or on land belonging to another
However, recklessness as to the spread of the fire can be established simply by proof of intention.
An alternate verdict is also available to a Jury. This means that if you are not found guilty of a Fire Starting charge, the jury could then consider whether you are guilty of an offence against section 100 of the Rural Fires Act 1997.
Possible Defences for Causing a Bushfire:
Possible defences to a causing a bushfire include but are not limited to:
- Immature age;
- That the accused was a firefighter or was acting under direction of a firefighter and caused the fire in the course of bushfire fighting or hazard reduction.
Which court will hear the matter?
This matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.
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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Sydney NSW 2000
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Melbourne VIC 3000
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Canberra ACT 2601
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