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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

- Client

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 for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.

- Client

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.

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."

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...

Engaging in Unlawful Unregulated High Risk Activity

The offence of engaging in unlawful unregulated high risk activities is created by section 14 of the Summary Offences Act 2005 which states a person must not unlawfully:

parachute or hang-glide onto a building or structure;
BASE-jump or hang-glide from a building or structure;
climb up or down the outside of a building or a structure;
abseil from a building or structure.

A charge for the offence is often laid in conjunction with a charge of trespass because the offence is committed where a person engages in one of the specified actions in, on or from, a building or structure (which are almost always the property of someone else). The maximum penalty is 20 penalty units or 1 year’s imprisonment.

What the Police Must Prove

For a person to be convicted of this offence it must be proved that they:

engaged in one of the activities listed under section 14, and
had no lawful authority to engage in that activity.

It is important to note that simply having permission from a property owner to perform an activity in, on or from, their property, does not necessarily render your activities lawful. An example of this might be “balcony hopping” on a high-rise or other apartment block. Even if the owners of each apartment consent to, or even encourage, the activity, the subsequent use of the building does not automatically become lawful.

Possible Defences

Under section 14(2), there are three “statutory defences” to a charge of engaging in unlawful unregulated high risk activity:

the act involved a building or structure built for use, or designated for use, in the listed activities; or
a stunt was performed with the permission of the owner of the building or structure, and the stunt was part of the person’s engagement or employment for the production of a cinematographic film or for television; or
the person climbed up or down a building or structure for cleaning, maintaining or repairing the building or structure.

What is the Likely Penalty for Engaging in High Risk Activities?

For a first offence, and providing no significant danger was posed to any person or property (and no damage was caused) by the activity, a fine is likely to be the penalty imposed.

For repeated offending (for instance in the case of people who routinely and regularly engage in BASE jumping activities in urban areas), harsher penalties such as community service or probation orders, and even sentences of imprisonment, are more likely to be imposed.

If you engage in unlawful unregulated high risk activity and need to be rescued as a result, in addition to imposing any other penalty a court is empowered to order that you pay the costs of your own rescue.

Can I Get a Ticket for Engaging in High Risk Activities?

No. A charge of unlawfully engaging in unregulated high risk activity must be heard and determined in a Magistrates Court.

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