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."
Unlawful Stalking is a serious offence under Queensland law punishable, in some circumstances, by up to 10 years imprisonment. The punishments for unlawful stalking are set out in section 359E of the Queensland Criminal Code which provides for three different maximum penalties.
If the crime is committed, simpliciter, it is punishable by up to 5 years imprisonment. If it is committed with actual or threatened violence, while armed with a weapon, or in contravention of a court order (for example a domestic violence order) it is punishable by up to 7 years imprisonment. If it is committed by a person who is a member of a criminal organisation it is punishable by up to 10 years imprisonment.
The Offence of Stalking
Unlawful stalking is defined in section 359B of the Queensland Criminal Code which says:
Unlawful stalking is conduct
- Intentionally directed at a person (the stalked person); and
- Engaged in on any 1 occasion if the conduct is protracted or on more than 1 occasion; and
- Consisting of 1 or more acts of the following, or a similar, type
- following, loitering near, watching or approaching a person;
- contacting a person in any way, including, for example, by telephone, mail, fax, email or through the use of any technology;
- loitering near, watching, approaching or entering a place where a person lives, works or visits;
- leaving offensive material where it will be found by, given to or brought to the attention of, a person;
- giving offensive material to a person, directly or indirectly;
- an intimidating, harassing or threatening act against a person, whether or not involving violence or a threat of violence;
- an act of violence, or a threat of violence, against, or against property of, anyone, including the defendant; and
- would cause the stalked person apprehension or fear, reasonably arising in all the circumstances, of violence to, or against property of, the stalked person or another person; or
- causes detriment, reasonably arising in all the circumstances, to the stalked person or another person.
What the Police Must Prove
In order to convict you of unlawful stalking it must be proved that you:
- Intentionally engaged in any of the conduct described in section 359B(c), and
- Your conduct was deliberately directed at a person, and
- Your conduct would cause that person apprehension or fear of violence to or against them, or someone else, or
- Your conduct caused detriment to that person.
It is important to note that it does not need to be proved that you intended to cause the apprehension or fear of violence, or detriment, mentioned above. It also does not need to be proved that the apprehension or fear of violence, or detriment, was actually suffered by the stalked person. All that needs to be proved is that the apprehension or fear of violence, or detriment, would have been caused on a reasonable view of your conduct.
Possible Defences to Unlawful Stalking
In addition to the ‘ordinary defences’ which apply to most criminal matters, namely that you were not the person who committed the offence or you did not engage in the conduct which gave rise to the offence, it is also a defence to a charge of unlawful stalking if you did not intend for your conduct to be directed toward a particular person.
That you didn’t intend for the stalked person to be aware of your conduct (which was directed at them) is not a defence to a charge of unlawful stalking so care must be taken when considering whether or not to contest the charge.
Which Court Will Hear Your Matter?
The least serious cases of unlawful stalking will be heard in a Magistrates Court. The two more serious kinds must be heard and determined in the District Court.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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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