ACT Criminal Law
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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
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.
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.
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.
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.
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!!!!
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
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."
Attempted Offences (Vic)
Under Section 321M of the Crimes Act 1958, a person in Victoria can be charged with attempting to commit an indictable offence. Attempted offences are inchoate offences, meaning offences that are incomplete. Other inchoate offences are conspiracy to commit an offence and incitement to commit an offence.
Attempted offences carry lesser penalties than completed offences.
What is an attempted offence?
An attempted offence has two elements.
- The accused intended to commit an offence; and
- The accused attempted to commit an offence.
The accused person must have intended to commit an indictable offence, meaning that they must have intended to carry out the physical elements of the offence. It is not enough for them to have been reckless or negligent about the commission of the offence.
To be found guilty of an attempt, an accused person must have believed in the existence of all facts and circumstances that are elements of the offence.
The accused must have made an attempt to commit the offence. Their conduct must have been more than an act preparatory to the commission of the offence. It must not be remote in its connection to the commission of the offence.
Whether an act amounts to an attempt or whether it is merely preparation will depend on the facts of the individual case. There are two tests that can be used for determining whether a person has moved beyond preparation and into an attempt. The first is the ‘last act’ test, which requires the accused to have done all the acts needed in order to complete the commission of the offence. The second test is the ‘unequivocal last act’ test, which requires the accused’s actions to unequivocally demonstrate an intention to complete the commission of the offence.
Impossibility of the attempted offence
A person can be guilty of attempting an offence even if facts or circumstances existed that meant that the successful commission of the offence was impossible.
A person cannot be found guilty of an attempt if they wrongly believed that the acts being attempted amounted to an offence. The attempted offence must be an actual indictable offence under the Victorian criminal law.
A person can be found guilty of an attempted offence as an accessory. This occurs when two or more people agree to carry out a criminal offence, but the offence is only attempted and not completed.
Penalties for attempted offences
Section 321P of the Crimes Act contains the penalties for attempted offences. The maximum penalty for an attempted offence is usually a level below the maximum for a completed offence.
For example, a person who is found guilty of attempted murder or attempted treason can be sentenced to level 2 imprisonment (25 years) whereas a person found guilty of completed murder or completed treason is liable to level 1 imprisonment (life imprisonment).
Conspiracy and incitement
Conspiracy occurs where two or more parties agree to pursue a course of conduct that involves committing an offence. Conspiracy is an offence under Section 321 of the Crimes Act. For an accused to be found guilty of conspiracy, they and at least one other person must have intended the offence to be committed and intended or believed that the circumstances and facts which are elements of the offence would exist when the conduct occurs.
Under Section 321G of the Crimes Act, incitement to commit an offence is an offence. Incitement occurs when a person incites another person to pursue a course of conduct involving a criminal offence by one or both parties. A person can be found guilty of incitement only if the person they incited actually went on to commit the offence.
If you require legal advice or representation in relation to a criminal matter or any other legal matter please contact Armstrong Legal.
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