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With a cramped time frame, she did in 3 days what another firm dilly-dallied for 7 months. Lisa kept me informed. Helena made me feel comfortable in a sticky situation.

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My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you

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I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.

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Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.

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Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.

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I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!

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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

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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.

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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.

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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.

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This article was written by Michelle Makela - Legal Practice Director

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning. Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (state and federal industrial tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

Incest

A charge of incest is not reserved for sexual acts involving children, a person can be guilty of incest because of a sexual act performed with an otherwise consenting adult, but it is most commonly laid in relation to offending conduct perpetrated against a child (often in the course of maintaining a sexual relationship with a child to whom the accused person is related).

Legislation

Incest is created by subsection 222(1) of the Criminal Code Act 1899 which provides that:

“Any person who—

has carnal knowledge with or of the person’s offspring or other lineal descendant, or sibling, parent, grandparent, uncle, aunt, nephew or niece; and
knows that the other person bears that relationship to him or her, or some relationship of that type to him or her;

commits a crime.

Maximum penalty—imprisonment for life.”

Incest is the crime of engaging in penetrative sex with a person you know to be your offspring or lineal descendant or otherwise related to you in a relevant way. The relationship between an accused person and a complainant does not have to be by blood and, pursuant to subsections 222(5) and (6) of the Act, the offence can be committed where the relationship is half, step (whether by marriage or de facto cohabitation), adoptive or a foster arrangement.

A charge of incest is not reserved for sexual acts involving children; a person can be guilty of incest because of a sexual act performed with an otherwise consenting adult, but it is most commonly laid in relation to offending conduct perpetrated against a child (often in the course of maintaining a sexual relationship with a child to whom the accused person is related).

What Actions Might Constitute Incest?

Any penetrative sexual act (called “carnal knowledge” under the law) when it is engaged in with a person to whom you are related will likely constitute the offence of incest.

There is no distinction under the law between types of penetrative sexual acts (for example oral, anal or genital) and any form of penetration, to any extent, can constitute the offence, providing the relevant relationship exists between the accused person and the complainant.

A biological grandfather who has sex with his grandson or granddaughter is likely guilty of incest in the same way that a young man or woman would be if they had sex with a foster, or adopted, sibling.

What the Police Must Prove

To convict you of incest it must be proved that you had carnal knowledge (that is, penetrative sex) with a person who was related to you as either:

your child or other lineal descendant, or
your sibling, parent, grandparent, uncle, aunt nephew or niece.

There is no need for the prosecution to prove any lack of consent where sex occurs between related people because, even if both parties are otherwise consenting adults, the offence can still be committed.

Possible Defences to a Charge Of Incest

As with all criminal charges, there is a “default defence” to a charge of incest where the prosecution evidence fails to prove all the elements of the offence beyond a reasonable doubt (for example because a person cannot be proved to have known that they are related to the person with whom they had otherwise consensual sex).

There are also 2 specific defences to a charge of incest in section 222 of the Act. Firstly, it is a defence to the charge if an accused person proves that they had carnal knowledge of their relative because of that relative’s coercion. Secondly, a person is not guilty of incest if they have sex with a step-relative in circumstances where that step-relationship commenced after both parties became adults.

Which Court Will Hear Your Matter?

Even though it is punishable by life imprisonment, a charge of incest 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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