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."
Use Carriage Service For a Hoax Threat
It is an offence to improperly use a carriage service for a hoax or fake threat. The offence of use carriage service for a hoax threat is contained in section 474.16 of the Criminal Code 1995 (Cth) and is punishable by a maximum penalty of 10 years imprisonment and/or a fine of 15 penalty units. This offence applies in all states and territories.
The Offence of Use Carriage Service for a Hoax Or Threat
The offence is committed where a person:
- uses a carriage service to send a communication; and
- intends to create a false belief that an explosive, dangerous or harmful substance or thing has been left in any place.
A person who commits the offence of use carriage service for a hoax threat is liable to imprisonment for up to 10 years and/or a fine of up to 15 penalty units.
What Must the Police Prove?
In order for a person to be convicted of this offence, the police must prove beyond a reasonable doubt that the person:
- engaged in the conduct voluntarily;
- used a carriage service;
- sent a communication; and
- intended to create a false belief that an explosive, dangerous or harmful substance or thing has been left in any place.
The police do not need to prove that any recipient actually believed that the threat was real.
Law enforcement agencies can request personal details or other identifiers (such as an IP address) from telecommunication providers for particular calls made by a person.
What Are Examples Of The Offence?
The offence includes making calls or sending texts to either specific people, businesses or agencies that are intended to cause them to believe an explosive, dangerous or harmful substance or thing, has been left in any place. An example includes a bomb threat made to ‘000’.
It may be possible to defend the charge by:
- arguing that the alleged offender did not use a carriage service;
- arguing that no communication was sent;
- arguing that the alleged offender did not intend to create a false belief that an explosive, dangerous or harmful substance or thing has been left in any place.
What court will hear the matter?
As this offence carries a maximum penalty of 10 years imprisonment it is available for the matter to be dealt with in the summary jurisdiction. This means the Local Court in NSW and the Magistrates Court in the ACT. The Commonwealth DPP will have to agree to the matter remaining in the summary jurisdiction of the specific state or territory. If the Commonwealth DPP do not consent the matter will proceed to the District Court in NSW and the Supreme Court in the ACT.
If dealt with in the summary jurisdiction the maximum penalty an alleged offender can receive is reduced 2 years imprisonment and/or a fine of 15 penalty units.
Section 20BQ Application – Mental Illness or Intellectual Disability
If the matter remains in the summary jurisdiction of courts in different states and territories, an alleged offender can apply 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.
As using a carriage service for a hoax threat 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 on sentence 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. This means for offences in NSW, conditional release orders, community correction order (CCO) and intensive correction orders (ICO) are also available. For offences in the ACT, this means that good behaviour orders, suspended sentences and intensive correction orders are also available sentencing options.
If you require legal advice on using a carriage service for a hoax threat or any other legal matter contact Armstrong Legal on 1300 038 223 or send us an email.
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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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