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."
Engaging in Unlawful Unregulated High Risk Activity
Engaging in unlawful unregulated high risk activity is a simple offence under Queensland law and carries a maximum penalty of up to 1 year’s imprisonment or a 20 penalty unit fine. Possible penalties include:
The Offence of Engaging in Unlawful Unregulated High Risk Activities
The offence of engaging in unlawful unregulated high risk activities is created by section 14 of the Summary Offences Act 2005 which says:
“(1) A person must not unlawfully do any of the following—
- 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.
Maximum penalty — 20 penalty units or 1 year’s imprisonment.”
A charge for the offence of engaging in unlawful unregulated high risk activity 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).
What the Police Must Prove
In order for a person to be convicted of this offence it must be proved that they:
- Engaged in one of the activities mentioned in subsections 14(1)(a)-(d), 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 ‘climbing up or down the outside of the building’ does not automatically become lawful.
There are three ’statutory defences’ to a charge of engaging in unlawful unregulated high risk activity. These defences are found in subsection 14(2) of the Act which says that:
“(2) It is not an offence against subsection (1) for a person—
- to do an act mentioned in that subsection involving a building or structure that has been built for use, or is designated for use, for a purpose mentioned in that subsection; or
- to do an act mentioned in that subsection involving a building or structure for a stunt performed with the permission of the owner of the building or structure and as part of the person’s engagement or employment for the production of a cinematographic film or for television; or
- to climb 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 like 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.
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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