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."
Facilitating Match-Fixing Conduct or Match-Fixing Arrangement
The offence of facilitating match-fixing conduct or match-fixing arrangement is designed to capture those who may not be sufficiently involved to be charged with engaging in match-fixing conduct. It contains the same maximum term of imprisonment of 10 years, highlighting the intention of Parliament to eradicate any involvement in match-fixing, regardless of what extent the offender has been involved.
Section 443B of the Criminal Code Act 1899 states a person who facilitates match-fixing conduct or a match-fixing arrangement in sport to:
- obtain or receive a pecuniary benefit for any person; or
- cause a pecuniary detriment to another person
commits a crime. The person will be liable to a maximum penalty of 10 years imprisonment.
A person “facilitates” match-fixing conduct or a match-fixing arrangement if they agree or offer to:
- engage in the match-fixing conduct; or
- participate in the match-fixing arrangement; or
- encourage another person to
- engage in the match-fixing conduct; or
- participate in the match-fixing arrangement.
What Is The Definition Of Match-Fixing Conduct?
Under the Act, “match-fixing conduct”, in relation to sport, means conduct that:
- affects, or if engaged in, could reasonably be expected to affect, the outcome of the sport situation; and
- is contrary to the standards of integrity that an ordinary person would reasonably expect of persons in a position to affect or influence the outcome of the sport situation.
What is the Definition of Match-Fixing Arrangement?
Under the Act, “match-fixing arrangement”, in relation to sport, means an agreement between 2 or more persons relating to any person engaging in match-fixing conduct to:
- obtain a pecuniary benefit for any person; or
- cause a pecuniary detriment to any person.
What Actions Might Constitute Facilitating Match-Fixing Conduct Or Match-Fixing Arrangement?
- Encouraging a soccer player to miss a penalty kick because you have placed a bet against that side.
- Agreeing with a football umpire to not pay certain free kicks in a game of football which is likely to increase the chances of your friend’s bet on the game.
- Attempting to bribe the full-forward of Brisbane Lions AFL side to miss the winning goal which will result in you winning a bet on the match.
What the Police Must Prove:
The police must prove the following for you to be convicted:
- that you were the person facilitating the conduct;
- the conduct constitutes “match-fixing conduct” or “match-fixing arrangement” under the definition;
- the purpose of the conduct was for a pecuniary benefit or detriment to a person.
Possible Defences for Engaging In Match-Fixing Conduct:
- Identity – it wasn’t you who engaged in the conduct;
- The conduct does not fall under the definition of “match -fixing”;
- You did not engage in the conduct for the required purpose;
- Duress – you were forced to engage in the conduct.
Which Court Will Hear Your Matter?
Despite the maximum penalty of this charge being 10 years imprisonment, the offence of engaging in match-fixing conduct is predominantly heard and determined in the Magistrates Court. The only occasion the matter may be dealt with in the District Court, is when the Magistrate determines due to the nature or seriousness of the matter, the defendant, if convicted, may not be adequately punished in the Magistrates Court.
Types of Penalties
Imprisonment : Even though it is not a sentence of last resort (as it is in some other states) imprisonment is the most serious penalty which a court can impose upon a person. At its most severe a sentence of imprisonment means that a person must spend a specified period of time within a correctional facility, also called a prison, a jail or a gaol. Read more.
Intensive corrections order (ICO): An Intensive Corrections Order (‘ICO’ for short) is, technically, a form of imprisonment but which is served wholly in the community. This means that a person who is made subject to an ICO will not spend any time in prison but will, instead, be required to adhere to a number of requirements that the court will order.
Probation: A court can make a Probation Order either by itself, meaning the whole of the sentence is probation, or as a component of a sentence of imprisonment, meaning that a person is ordered to serve a period of time (not longer than 1 year) in prison and is then subject to a probation requirement upon release.
Community service order (CSO): As the name implies, a Community Service Order (‘CSO’ for short) is an order which requires a person to perform unpaid work, normally at some kind of community facility, for a stated number of hours (to a maximum of 240) within a nominated time (usually 6 or 12 months).
Recognisance: A recognisance is a promise which a person makes to be of good behaviour for a stated period of time. A court is empowered to release a person who enters into a recognisance, either with a surety, which is a sum of money which the person agrees to pay if they breach the recognisance, or without one.
Fines: A court is empowered to impose a fine, which is a sum of money which a person is required to pay to the State, for any offence regardless of whether the law creating it nominates a fine as part of the applicable penalty.
Section 19 dismissal: A court can discharge a person absolutely, or upon them entering into a recognisance, without recording a conviction against them, if it is satisfied that it is appropriate to do so.
In all cases where you are sentenced to a penalty other than jail, the court can choose not to record a conviction against you, meaning your criminal record will remain clear and any complications with work or travel may be avoided.
For 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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