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
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."
Trespass is a simple offence under Queensland law and carries a maximum penalty of one year of imprisonment or a 20 penalty unit fine. The offence can be committed in two different ways, either by trespassing upon a dwelling, or trespassing upon a business premises. Both offences are created by section 11 of the Summary Offences Act 2005:
- “A person must not unlawfully enter, or remain in, a dwelling or the yard for a dwelling. Maximum penalty 20 penalty units or 1 year’s imprisonment.
- A person must not unlawfully enter, or remain in, a place used as a yard for, or a place used for, a business purpose. Maximum penalty 20 penalty units or 1 year’s imprisonment.”
In order to be convicted of trespass it must be proved that you:
- entered and/or remained in a dwelling or a place of business or the yard of a dwelling or a place of business, and
- you had no lawful right or justification to enter and/or remain there.
A dwelling, as the name might suggest, refers to any building which is used as a residence and would include such places as a house, a unit block or a caravan. A place of business might include locations such as a shop or office block or car yard.
What the Police Must Prove
In order for a prosecution for trespass to succeed, it does not need to be proved that you had any particular intent in entering the relevant place (for example that you intended to steal something or to cause damage to the place). All that needs to be proved is that your entry, or remaining, was without lawful excuse.
If you are questioned by police in relation to trespass they are obliged by law to give you an opportunity to explain why you were at, or why you entered, the relevant place. If you were not given an opportunity to explain your situation before being charged with trespass, you should obtain legal advice about your options to contest the charge.
Penalty for trespass
For a first offence you might expect a fine or even a release on a bond, particularly if your trespass was benign and did not involve any aggravating features (for example causing loss or damage). For repeat offences, or cases in which the trespass is more serious, it is not uncommon for heavier penalties such as community service and probation, or even imprisonment, to be imposed.
Can I Get a Ticket for Trespass?
No. A charge of trespass cannot be dealt with by an infringement notice. You are required to attend court if you have been charged with trespass.
Which Court Will Hear My Matter?
All trespass charges are heard in the Magistrates 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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