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."
Intimidation or stalking
In NSW, the offence of intimidation or stalking carries a maximum penalty of five years imprisonment and/or a fine of 50 penalty units. Most people who are found guilty of this offence are not sentenced to full-time custody, unless the conduct is particularly serious or it occurred in the context of other serious offending or there is a significant criminal history. That being said, most people guilty of this offence have a conviction recorded and receive a punishment.
The offence of intimidation or stalking is contained in section 13 of the Crimes (Domestic and Personal Violence) Act 2007 and includes:
- conduct (including cyberbullying) amounting to harassment or molestation;
- an approach made by any means (including by telephone, telephone text messaging, e-mailing and other technologically assisted means) that causes the person to fear for their safety;
- conduct that causes a reasonable person to apprehend injury to them or another person with whom they have a domestic relationship; or
- conduct that causes a reasonable person to apprehend violence or damage to any person or property;
- following a person;
- approaching, watching or frequenting of the vicinity of a person’s place of residence, business or work or any place that a person frequents for the purposes of any social or leisure activity,
- contacting or otherwise approaching a person using the internet or any other technologically assisted means.
What Actions Might Constitute Intimation Or Stalking?
- Constantly calling, emailing, or messaging someone when they’ve asked you to not to;
- Making a threat of violence to a person or to their family; and
- Repeatedly attending a person’s home or work without their consent or permission.
What The Police Must Prove
To find a person guilty of intimidation or stalking, the court must be satisfied that they did one or more of the below:
- intimidated someone (as defined above); and
- did so intending that the person fear physical or mental harm; or
- stalked someone (as defined above); and
- did so intending that person fear physical or mental harm.
Defences to Intimidation and Stalking
- that you did not do the acts alleged;
- that the acts do not amount to stalking or intimidation;
- that you did not intend to cause the other person to fear physical or mental harm;
Which Court Will Hear Your Matter?
Consequences Of A Conviction
The consequences of a conviction for stalking or intimidation can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for an intimidation or stalking charge might jeopardise your employment or make it difficult to obtain visas for overseas travel.
Charges may also result in sentences that include imprisonment even where an individual has no previous convictions.
In NSW, a court can impose any of the following penalties for an intimidation or stalking charge.
- Prison Sentence
- Home Detention
- Intensive Corrections Order (ICO)
- Suspended Sentence
- Community Service Order (CSO)
- Community Corrections Orders (CCO)
- Good Behaviour Bond
- Section 10A
- Conditional Release Order (CRO)
- Section 10
It is important to get legal advice at an early stage to ascertain precisely what the consequences of a conviction may be and whether you have a defence. Armstrong Legal can be contacted on 1300 038 223 or you can email us.
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?
201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
231 North Quay
Brisbane QLD 4000
1 Farrell Place
Canberra ACT 2601
111 St Georges Terrace
Perth WA 6000