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."
Burglary, the offence of entering the dwelling of another person with the intention to commit a crime, is created by section 419(1) of the Queensland Criminal Code and, in its least serious form punishable by 14 years imprisonment.
The term “dwelling” has a wide meaning under the Act and includes a building or even part of a building used as a residence, regardless if it is occasionally uninhabited.
If the offence is committed in any one of the five (5) aggravated circumstances contained in the Queensland Criminal Code, then a maximum penalty of life imprisonment also applies.
The Offence of Aggravated Burglary
Section 419(3) of the Criminal Code Act 1899 follows on from subsection (1) and (2) and adds that if:
- the offence is committed in the night or
- the offender
- uses or threatens to use actual violence; or
- is or pretends to be armed with a dangerous or offensive weapon. Instrument or noxious substance; or
- is in company with 1 or more persons; or
- damages, or threatens or attempts to damage, any property.
the offender is liable to imprisonment for life.
Aggravated burglary is, therefore, the offence of entering a dwelling with the intent to commit an offence when it occurs in any one of the above circumstances.
What Actions Might Constitute Aggravated Burglary?
- Entering a neighbour’s house via an unlocked door at midnight.
- Climbing through a window of a house, with a baseball bat in hand.
- Damaging your neighbour’s television in their living room for not repaying money lent to them.
What the Police Must Prove
In circumstances of aggravated burglary, the police must prove three things for you to be convicted:
- that you entered the dwelling of another;
- that you did so with the intent to commit an offence; and
- that the offence you intended to commit was an indictable offence; and
- one of the aggravated circumstances applied.
Possible Defences for the Offence of Aggravated Burglary
A charge of aggravated burglary may be defended by arguing that:
- the accused did not have the necessary intent to commit an indictable offence;
- the premises was not a dwelling;
- the accused didn’t enter the dwelling;
- the accused acted under duress;
- there were no aggravating circumstances.
Which Court Will Hear Your Matter?
An offence of aggravated burglary will be heard and determined in the District 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.
WHY CHOOSE ARMSTRONG LEGAL?
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