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."
Filming a Person’s Private Parts
Upskirting is the common name for taking a photograph or video up a woman’s skirt. This might be done, for example, with a hidden camera or by someone positioning themselves below a set of stairs. Upskirting, known in the legislation as filming a person’s private parts, is punishable by up to two years imprisonment, or five years if the offence is aggravated.
Taking a photograph or a video in this way is illegal. Section 91L of the Crimes Act makes it illegal if a person “for the purpose of obtaining, or enabling another person to obtain, sexual arousal or sexual gratification, films another person’s private parts, in circumstances in which a reasonable person would reasonably expect the person’s private parts could not be filmed without the consent of the person being filmed to being filmed for that purpose, and knowing that the person being filmed does not consent to being filmed for that purpose.”
The offence is aggravated if the victim was under 16, or if the offender constructed or adapted the fabric of any building to commit the offence.
What Actions Might Constitute Upskirting?
The following actions may form the basis for a charge of filming a person’s private parts:
- Strapping a camera to your shoe and using it to take photographs of women in a public place;
- Hiding a video camera in the floor of a building to take photographs of naked girls;
- Using a hidden camera in a bathroom.
What The Police Must Prove
In order for a person to be found guilty of this offence beyond a reasonable doubt, police must prove the following:
- Film or photograph a person’s genital or anal area, whether or not covered by underwear
- For the purpose of sexual arousal or sexual gratification
- In circumstances in which a reasonable person would reasonably expect the person’s private parts could not be filmed
- Without that person’s consent
- Knowing that the person being filmed does not consent to being filmed for that purpose
The offence can be committed by photographs or video.
The aggravated offence requires all of the above, as well as proof that:
- The person whom the offender filmed was a child under the age of 16 years, or
- The offender constructed or adapted the fabric of any building for the purpose of facilitating the commission of the offence.
A person may defend a charge by arguing:
- That it was done for a reason other than sexual arousal or gratification
- That the alleged victim had consented
- That they reasonably believed that the alleged victim had consented
Which Court will Hear this Matter?
If you are charged with Filming a Person’s Private Parts then are charged with a summary offence, meaning the matter will be finalised in the Local Court.
If you are charged with Filming a Person’s Private Parts in Circumstances of Aggravation, then you are charged with a “Table 1” offence which means that either you or the prosecution can elect to have the matter dealt with in the District Court. If neither party makes this election the matter will be finalised 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.
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