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."
Improper Use of Emergency Call Service
It is a Commonwealth offence to improperly use emergency call services. This may be by making a hoax call, or to falsely report an emergency or it may be making numerous calls without an adequate basis. The offence of improper use of emergency call service is contained in section 474.18 of the Criminal Code 1995.
The Offence of Improper Use of Emergency Call Service
The offence is committed where a person:
- makes a call to an emergency number, such as triple zero; and
- intentionally reports an emergency that does not exist.
The offence can also be committed where a person:
- makes a hoax call to an emergency number, such as triple zero; and
- does not report an emergency but contacts the service for any other reason; and
- the call made is vexatious.
A person who commits the offence of improper use of emergency call service is liable to imprisonment for up to three years and/or a fine of $75,600.
How is this Offence Proven?
Emergency call services have technologies available to identify the phone number and address of a caller. Additionally, law enforcement agencies can request personal details or other identifiers (such as an IP address) from telecommunication providers to trace particular calls that have been made.
What is an Emergency Service Number?
An emergency service number is a number used by members of the public in emergencies to request assistance from Police, Fire or Ambulance services. In Australia, the primary emergency call service number is triple zero (000). The secondary call service numbers are 112 and 106.
It should be noted that different numbers can be assigned for different emergency services and different areas. Ordinarily, this does not include the numbers for local service stations.
What is a ‘vexatious call’?
A vexatious call is a call without proper basis which is designed to harass or annoy or the recipient or to frustrate the ability of a call system (such as an emergency service) to field calls.
The court considers a range of relevant matters when determining if a call is vexatious. The court will focus particularly on what was said during the call by the alleged offender. The court will also look at how many times the alleged offender previously contacted the emergency service and what they said on those occasions.
It may be possible to defend the charge by:
- arguing that the alleged offender did not make the call;
- arguing that the call was not made to an emergency service number;
- arguing that the alleged offender did intend to report an emergency;
- arguing that the alleged offender did not intend to make a hoax call; and/or
- arguing that the call was not vexatious.
What Court will Hear the Matter?
As this offence carries a maximum penalty of three years imprisonment it can be dealt with in the summary jurisdiction if both parties agree. If the parties do not consent to the matter being heard summarily, it will proceed to a higher court.
If dealt with in the summary jurisdiction the maximum penalty an alleged offender can receive is reduced to 12 months imprisonment and/or a fine of $12,600.
Section 20BQ Application – Mental Illness or Intellectual Disability
If the matter remains in the summary jurisdiction, the alleged offender can make an application under section 20BQ of the Crimes Act 1914 (Cth) for the charge to be dismissed and for them to be discharged with or without conditions on the basis of mental illness or intellectual disability.
The court will take into account the facts of the case and circumstances of the alleged offender and any other relevant material. The court will only divert an alleged offender from the ordinary criminal procedure if satisfied it is more appropriate to do so.
Types of Penalties
As this is a Commonwealth offence if a person has entered a plea of guilty or been found guilty they will be sentenced under Commonwealth sentencing laws. Commonwealth penalties include:
- dismissal without conviction;
- conditional release order;
- recognizance release order (like suspended sentences); and
- sentence of imprisonment.
The person can also receive other sentence options that are available in the applicable state or territory where the matter is heard.
If you require legal advice about hoax calls and improper use of emergency call service or any other 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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