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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.
- Client
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.
- Client
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!!!!
- Client
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.
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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
- Client
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.
- Client
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.
- Client
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.
- Client
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
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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...
Trespass
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.
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