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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
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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.
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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.
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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!!!
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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.
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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.
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"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...
Assault With Intent to Commit a Sexual Offence
In Victoria, the offence of assault with intent to commit a sexual offence carries a maximum penalty of 15 years imprisonment. The offence is contained in section 42 of the Crimes Act. The offence was introduced in 2015 and replaced the old offence of assault with intent to rape. The related offence of threatening to commit a sexual offence was introduced at the same time.
Assault with intent to commit sexual offence (Section 42)
To find a person guilty of assault with intent to commit a sexual offence, the police must prove beyond a reasonable doubt that the accused:
- Intentionally applied force to a person’s body, directly or indirectly;
- The person did not consent to that application of force;
- At the time, the accused intended the person to take part in a sexual act; and
- The accused did not reasonably believe that the person would consent to that act.
The offence of assault with intent to commit a sexual offence is different from the offence of attempted rape. When a person commits an assault with intent to commit a sexual offence, the act can be more remote from the commission of the sexual offence. Attempted rape requires the accused to have done an act so close in proximity to the act of rape that nothing else is left to be done but to commit the act of sexual penetration without consent.
Threat to commit sexual offence (section 43)
Under section 43 of the Crimes Act 1958, a person is guilty of making a threat to commit a sexual offence if the person:
- Makes a threat to a person to rape or sexually assault that person or another person;
- Intends the person to believe, or thinks that they will probably believe that the threat will be carried out;
The threat may be made by words or by conduct.
What court will hear this matter?
Assault with intent to rape is an indictable offence, meaning it is usually heard in the County Court. In some circumstances, it can be dealt with in Magistrates’ Court.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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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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