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."
Aggravated Sexual Assault
In Queensland, the offence of Aggravated Sexual Assault is more serious than Sexual Assault and carries a maximum penalty of between 14 years and life imprisonment.
The Offence of Sexual Assault
Sexual assaults are created by section 352 of the Criminal Code Act 1999 which reads:
- “(1) Any person who:
- (a) unlawfully and indecently assaults another person; or
- (b) procures another person, without the person’s consent;
- (i) to commit an act of gross indecency; or
- (ii) to witness an act of gross indecency by the person or any other person;
is guilty of a crime.”
The maximum penalty for this crime is 10 years imprisonment.
- (2) However, the offender is liable to a maximum penalty of 14 years imprisonment for an offence defined in subsection (1)(a) or (1)(b)(i) if the indecent assault or act of gross indecency includes bringing into contact any part of the genitalia or the anus of a person with any part of the mouth of a person.
- (3) Further, the offender is liable to a maximum penalty of life imprisonment if
- (a) immediately before, during, or immediately after, the offence, the offender is, or pretends to be, armed with a dangerous or offensive weapon, or is in company with any other person; or
- (b) for an offence defined in subsection (1)(a), the indecent assault includes the person who is assaulted penetrating the offender’s vagina, vulva or anus to any extent with a thing or a part of the person’s body that is not a penis; or
- (c) for an offence defined in subsection (1)(b)(i), the act of gross indecency includes the person who is procured by the offender penetrating the vagina, vulva or anus of the person who is procured or another person to any extent with a thing or a part of the body of the person who is procured that is not a penis.”
Sexual assaults can be categorised into two kinds – Sexual Assault and Aggravated Sexual Assault.
Sexual Assault, also called sexual assault simpliciter, is the least serious form of sexual assault in Queensland and it carries a maximum penalty of 10 years imprisonment.
What Actions Might Constitute Aggravated Sexual Assault?
Forcing a person to perform oral sex against their will, or performing oral sex on a person without their consent would likely amount to Aggravated Sexual Assault (though the former circumstance can also constitute the offence of rape). Aggravated Sexual Assault of this kind is likely to carry a maximum penalty of 14 years imprisonment.
Forcing a person to perform a penetrative sexual act on you, or another person, using an implement (anything that is not a penis) might well constitute an offence of Aggravated Sexual Assault punishable by life imprisonment.
Performing any offence of Sexual Assault (even an ostensibly non-aggravated form) while armed with a weapon or in the company of a co-offender will also likely constitute an Aggravated Sexual Assault and be punishable by life imprisonment.
What the Police Must Prove
To convict a person of sexual assault, the prosecution must prove each of the following matters beyond a reasonable doubt:
- they indecently assaulted another person; and
- they did so unlawfully; or
- they procured another person to commit, or witness, an act of gross indecency; and
- the person did not consent to the act.
Which Court Will Hear Your Matter?
Aggravated Sexual Assault is a serious crime which 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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