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."
Dismissal Without Conviction (Federal Offence)
When sentencing a person for a federal offence a court may satisfy itself that the offence is proved, but dismiss the charge without recording a criminal conviction. This sentencing option is contained in section 19B(1)(c) of the Crimes Act 1914 (Cth).
Seeking a Dismissal Without Conviction
A dismissal without conviction represents a significant amount of leniency being extended by a court and will only be ordered where there are good reasons to do so.
For a court to dismiss a charge without conviction it must consider:
- the character, antecedents, age, health or mental condition of the person;
- the extent (if any) to which the offence is of a trivial nature; or
- the extent (if any) to which the offence was committed under extenuating circumstances.
It must also be of the opinion that it is unjustified to inflict any punishment or to inflict any punishment other than a nominal punishment, or that it is appropriate to release the offender on probation.
Factors such as the nature and circumstances of the offence, any injury or damage caused, contrition, co-operation with authorities are still relevant considerations.
However, a court must not take into account any form of customary law or cultural practice as a reason for excusing, justifying, authorising, requiring or lessening the seriousness of the criminal behaviour to which the offence relates, or as a reason for aggravating the seriousness of the criminal behaviour to which the offence relates.
Like with the State power, the power to dismiss a charge without conviction may be followed by an order requiring that the person enter a “good behaviour bond” (a recognizance release order under federal legislation or a conditional release order under NSW legislation).
Some examples of when a court might consider dismissing a matter without recording a conviction include:
- When a person has been charged with using a carriage service to menace, harass or cause offence, the conduct was sending a couple of text messages to an ex-girlfriend that were not particularly threatening, the offender is young and has no prior convictions
- When a corporation has been charged with making a false or misleading statement to a customs officer regarding duties owed, the corporation was reckless as to the accuracy of the statement (as opposed to intentionally deceptive), the corporation has no prior criminal history and the relevant duties have been paid in full.
- When a person has been charged with obtaining a financial advantage after receiving the Newstart allowance when ineligible, the amount involved is relatively small, the person disclosed the offence voluntarily, has repaid the money received and has no prior convictions.
Honest and Expert Advice
If you would like legal advice as to the likelihood of dismissal without conviction in your matter please call us on 1300 038 223 or email us. We have access to sentencing statistics for all offences and can tell you what proportion of people who plead guilty to your offence receive a dismissal.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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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