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."
Causing Injury Intentionally or Recklessly (Vic)
In Victoria, the charges of causing injury intentionally or recklessly are governed by section 18 of the Crimes Act 1958. Whilst both charges fall within the same section of the legislation, they are considered separate offences.
The difference between the charge of recklessly causing injury and intentionally causing injury is distinguished by the circumstances of the offending. The maximum penalty in circumstances where injury has been caused recklessly is 5 years, while the maximum penalty in circumstances where injury has been caused intentionally is 10 years.
The type of injury sustained and/or the circumstances in which the injury occurred will affect the penalty given by the court. These charges can result in a custodial sentence, though this is not inevitable.
Section 18 of the Crimes Act 1958 states that;
A person who, without lawful excuse, intentionally or recklessly causes injury to another person is guilty of an indictable offence.
The Prosecution must prove the following beyond a reasonable doubt to substantiate the charge of recklessly causing injury;
- That the complainant suffered an “injury”,
- That the accused caused the injury,
- That the accused was reckless about causing injury, and
- That the accused acted without lawful justification or excuse.
Recklessness is defined to include the accused having been aware, when they committed the relevant conduct, that it would probably cause injury or that injury was probable or likely.
The prosecution must prove the following beyond a reasonable doubt to substantiate the charge of intentionally causing injury;
- The complainant suffered an “injury”
- The accused caused the complainant’s injury;
- The accused intended to cause injury; and
- The accused acted without lawful justification or excuse.
Intention is this regard is defined as meaning that the accused must have intended to inflict injury generally rather than a specific injury)
What is an injury?
Section 15 of the Crimes Act 1958 provides that injury means physical injury (further defined to include: unconsciousness, disfigurement, substantial pain, infection with a disease and an impairment of bodily function), or harm to mental health.
Injury also includes psychological harm but does not include stress, grief, fear or anger unless it results in psychological harm.
The injury can be temporary or permanent.
- That the accused acted in self-defence or defence of another,
- That the accused did not act recklessly or intentionally (as per the relevant charge).
Which court will hear the matter?
The offences of recklessly or intentionally causing injury will usually be heard in the Magistrates Court (if the accused consents to the Magistrates’ Court jurisdiction). Alternatively, the charge can be heard in the County Court of Victoria; however, this is less likely and would be dependant on the circumstances.
Offences against Emergency Workers, Custodial Officers and Youth Justice Custodial Workers on duty
If a person commits an offence of recklessly or intentionally causing injury and the complainant is an emergency worker, custodial officer or youth justice custodial worker on duty, the law dictates that the offender must serve a mandatory term of imprisonment unless the court is satisfied under section 10A of the Sentencing Act 1991, that a special reason exists.
A ‘special reason’’ can include a range of factors and it is important that if you are charged with this offence that you obtain suitable legal representation from a lawyer that has proven success in arguing the existence of special circumstances. Our specialised Criminal Lawyers have proven success in arguing the existence of special circumstances and persuading the court against imposing the otherwise mandatory penalty.
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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