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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."
Trespass and Break and Enter (NSW)
In New South Wales there is a range of trespass and break and enter offences. There are some relatively trivial offences of this nature as well as serious crimes. Offences relating to trespass are governed by the Inclosed Lands Protection Act 1901 in New South Wales, while break and enter offences are contained in the Crimes Act 1900.
If someone comes onto your New South Wales property for a lawful purpose, such as delivering mail or visiting, they are not breaking the law. However, if you ask someone to leave a property where you are the owner or occupier, they must leave. If they do not leave after being told to, they are committing an offence under the Inclosed Lands Protection Act 1901.
Section 4 of the Act makes it an offence to enter inclosed lands without permission. This is punishable by a fine of five penalty units (or 10 penalty units if the land is prescribed premises, such as a school or hospital).
Section 4A of the act imposes harsher penalties for remaining on land after a direction to leave from the owner, occupier or person apparently in control of the land where the offender behaves offensively while remaining on the land. The penalty for this is a fine of 20 penalty units where the land is a prescribed premise and a fine of 10 penalty units in all other cases.
The Inclosed Lands Protection Act stipulates that if civil action is to be taken in relation to a trespass under the act it must be commenced within two months of the commission of the act.
Break and enter offences
Division 4 of the Crimes Act 1900 sets out a number of break and enter offences.
Break and enter with intent to murder
It is a crime punishable by 25 years imprisonment to enter a dwelling house and assault a person with intent to commit murder or inflict grievous bodily harm. This is contained in section 110 of the Crimes Act 1900,
Enter dwelling house with intent
Under section 111 it is an offence to enter a dwelling house with the intention to commit an indictable offence. This is punishable by up to ten years imprisonment.
Enter dwelling house and commit offence
Under section 112 it is an offence to enter a dwelling house and commit a serious indictable offence. This can attract a penalty of up to 14 years imprisonment.
Enter dwelling house with intent
Under section 113 it is an offence to enter a dwelling house with intent to commit a serious indictable offence. This is punishable by up to 14 years imprisonment. Aggravated and specially aggravated versions of this offence also exist, with corresponding harsher penalties.
Break and enter offences and Circumstances of aggravation
Circumstances of aggravation are circumstances under which an offence is alleged to have been committed, which make the offence more serious and increase the maximum penalty that applies. If a person is charged with an offence under a circumstance of aggravation both the offence and the circumstance of aggravation must be proven beyond a reasonable doubt.
Circumstances of aggravation for break and enter offences include:
- That the offender was in possession of a weapon;
- That the offender was in company with another person/s;
- That the offender used violence;
- That the offender inflicted bodily harm (intentionally or recklessly);
- That the offender deprived a person of their liberty;
- That there was one or more person present in the place where the offence is committed and the offender knew there were persons present.
Circumstances of special aggravation include:
- That the offender intentionally wounded a person;
- That the offender inflicted grievous bodily harm on a person;
- That the offender was armed with a dangerous weapon.
These circumstances can exist immediately before, during or after the offence.
Entry does not have to be unlawful
It is worth noting that a person may be guilty of a break and enter offence or an offence of ‘entering with intent’ in New South Wales without having entered as a trespasser. A person can be found guilty even if they originally entered the house or building with the owner’s consent.
If you need legal advice in a criminal matter or in any other legal matter, please contact Armstrong Legal.
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