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."
Grievous Bodily Harm (GBH)
In Queensland, committing the offence of causing grievous bodily harm (GBH), whether intentionally or unlawfully, is very serious and if proven can lead to a maximum penalty of 14 years imprisonment. GBH charges are indictable offences and therefore must be heard in the District Court of Queensland.
Section 320 of the Criminal Code Act 1899 makes it an offence to commit the act of inflicting GBH to another person.
There are three types of GBH offences:
- Intentionally causing grievous bodily harm;
- Unlawfully doing grievous bodily harm; and
- Dangerous driving causing grievous bodily harm.
Intentionally causing grievous bodily harm
Intentionally causing GBH is proven when the element of intent is proven beyond a reasonable doubt by the prosecution. It is the most serious of the three offences and will most likely result in a period of imprisonment.
Unlawfully doing grievous bodily harm
Proof of intent is not required to prove the criminal charge of unlawfully doing GBH. The prosecution does not necessarily need to prove that the defendant was the sole cause of the injury either.
Dangerous driving causing grievous bodily harm
Dangerous driving causing GBH carries a maximum penalty of 10 years imprisonment. For this charge to succeed, the prosecution must prove that:
- the accused was driving a motor vehicle, or interfered with someone who was, and;
- their driving, or interference, was dangerous, and;
- as a result of their driving or interference, another person suffered grievous bodily harm.
Section 320 (3A) also states that circumstances of aggravation can also be alleged in connection with an offence under the Act. Circumstances of aggravation that can be alleged in relation to offences of causing GBH are:
- that the accused was part of a criminal group;
- that the act was committed in a public place or the accused was under the influence of an intoxicating substance; and
- the act was deemed domestic violence.
If proven, aggravating factors can increase the length of the defendant’s sentence.
There are a number of defences that apply to a charge of causing GBH, such as self-defence and accident. The Act also outlines a number of other defences that may be advanced in response to a charge of grievous bodily harm.
Section 271 of the Queensland Criminal Code permits a person to use reasonable force to defend themselves physically, to defend another person or to defend their property. The defence of self-defence requires the accused to have acted in a way that was reasonable in the circumstances and for the conduct carried out in self-defence to have been proportionate to the threat faced. If a person reasonably defends themselves against an attack, the law recognises their right to do so.
A person may have a defence to a charge of GBH if the act was an accident. If the consequence couldn’t be foreseen or was not intended, the person may be eligible to advance this defence.
In Queensland, if a person is convicted of a grievous bodily harm offence, a court may impose one or more of the following penalties:
The actual penalty an accused receives will depend on the circumstances of the matter including the seriousness of the offence and the individual defendant’s circumstances and background.
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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