ACT Criminal Law
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My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you
I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.
Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.
Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
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
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."
Sexual Offences Against Adults (NSW)
The New South Wales Crimes Act 1900 contains a number of sexual offences against adults. All sexual offences against adults have terms of imprisonment as the maximum penalty. Unlike sexual offences against children, sexual offences against adults generally involve non-consensual sexual contact. The exception to this is incest, which is an offence regardless of whether the parties consented.
Consent and sexual offences against adults
Section 61HE of the Crimes Act 1900 defines consent for the purposes of sexual offences against adults as free and voluntary agreement. The act states that consent is not valid if the person:
- Lacks capacity to consent because of their age or because of a cognitive incapacity;
- Is unconscious or asleep;
- Consents because of threats or terror;
- Consents because they are unlawfully detained.
Sexual intercourse and sexual offences
In the past, the law of rape applied only to the penetration of a vagina by a penis. Over the last 30 years, all Australian states and territories have broadened the definition to cover anal and oral intercourse and penetration with an object or by a body part other than a penis. The law now recognises that any non-consensual sexual penetration amounts to rape and that men and boys can also be the victims of rape.
Section 61I of the Crimes Act states that a person who has sexual intercourse with another person without their consent commits sexual assault, which is punishable by up to 14 years imprisonment. This crime is also known as rape or sex without consent in other jurisdictions.
If sexual assault is committed under circumstances of aggravation, the maximum penalty that applies is 20 years imprisonment. Circumstances of aggravation include the infliction or threatened infliction of bodily harm, the offender being in company with another person or the victim having a serious physical disability or cognitive impairment.
Under Section 61KC, a person commits a criminal offence if, knowing that another person does not consent, they:
- sexually touch the person;
- incite the other person to sexually touch them;
- incite a third person to sexually touch the person;
- incite the victim to sexually touch a third person.
The maximum penalty for this offence is five years imprisonment.
The offence is aggravated where the victim is under the offender’s authority, if the offender is in company with another person or if the victim has a serious disability (physical or cognitive).
Under Section 61KE of the Crimes Act a person commits an offence if they carry out a sexual act with another person without the other person’s consent. A sexual act can be carried out with or towards the alleged victim or with or towards a third person. The maximum penalty for this offence is 18 months imprisonment.
Assault with intent to have sexual intercourse
Under Section 61K of the Crimes Act a person commits an offence if they inflict, or threaten to inflict, actual bodily harm on a person intentionally or recklessly with intent to have sexual intercourse. The maximum penalty for this is 20 years imprisonment.
Under Section 78A of the Crimes Act, it is an offence for a person to have sexual intercourse with a close family member (a parent, child, sibling, grandparent or grandchild). The maximum penalty for this, when the offender is over 16, is imprisonment for eight years.
It is a defence to incest if the offender did not know that the other person was a close family member. However, the other person’s consent cannot be used as a defence. Incest is the only sexual offence against an adult where the consent of the parties is irrelevant.
If you require legal advice or representation in a criminal law matter or in any other legal matter, please contact Armstrong Legal.
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