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 Causing Death (One Punch Laws)
Assault causing death is one of the few criminal offences in New South Wales where mandatory minimum sentences apply. It is an offence that was introduced as part of a suite of “one punch laws” that were introduced in 2013 after a number of highly publicised one punch deaths. Mandatory minimum terms of imprisonment apply for persons who cause of death of another person in particular circumstances.This article outlines the offence of assault causing death in New South Wales.
What is assault causing death?
A person is guilty of this offence if they commit an assault:
- By intentionally hitting;
- With any part of the person’s body or an object held by the person;
- The assault not being authorised or excused by law; and
- The assault causes the death of the other person.
Assault causing death while intoxicated
This maximum penalty for assault causing death increases to 25 years where the assailant is intoxicated. The definition of “intoxicated” is not clear from the legislation, but the legislation indicates that someone with a blood alcohol level of 0.15g/L would be regarded as being intoxicated. If a person commits the offence of “Assault Occasioning Death” whilst intoxicated they face a mandatory minimum non-parole period of eight years.
Longer penalties than for manslaughter
This mandatory minimum sentence is significant because the majority of manslaughter penalties that are imposed by courts carry non-parole periods of between three and six years non-parole. A close examination of the statistics shows that, of the 189 sentences for the offence of manslaughter between July 2006 and June 2013, only 15 of them were of eight years or more. In other words, assault causing death attracts higher penalties than the penalties that would have been imposed had the offender been prosecuted for the offence of manslaughter.
Several other implications flow from this mandatory minimum penalty. One of these is that there is little motivation for most defendants to plead guilty, as courts do not have the discretion to impose a more lenient sentence than that stipulated as the mandatory minimum. A discount for an early appropriate guilty plea is therefore unlikely to be possible.
It remains to be seen precisely how this new section will be applied and the way in which the courts will deal with people who are being prosecuted for the offence of assault causing death. What is clear is that any person so prosecuted will require a very high quality of representation to ensure that their interests are protected in what is not only a very technical area of law but also an area of law that tends to attract a lot of media coverage.
If you have been charged with assault causing death or if you suspect you may be it is essential that you contact us as soon as possible so that you can be properly advised.
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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