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."
Assault With Intent to Commit an Indictable Offence
In Victoria, the maximum penalty for the offence of assault with intent to commit an indictable offence is 5 years’ imprisonment. The offence is found in Section 31(1)(a) of the Crimes Act 1958. It is an indictable offence that may be heard summarily (in the Magistrates Court).
Am I guilty of assault with intent to commit an indictable offence?
To find a person guilty of assault with intent to commit an indictable offence, the police must prove each of the following elements beyond a reasonable doubt:
- The accused assaulted/threatened to assault another person;
- The assault resulted in the complainant being injured or in pain (or in fear of being injured or in pain);
- They acted with the intention to commit an indictable offence; and
- They acted without lawful excuse.
For the purposes of this offence, assault is the direct or indirect application of force to the body of, or to the clothing or equipment worn by, a person where the application of force is:
- Without lawful excuse; and
- With intent to inflict, or being reckless as to the infliction of, bodily injury, pain, discomfort, damage, insult or deprivation of liberty.
The application of force includes the application of heat, light, electric current or any other form of energy to the complainant, as well as the application of matter in solid, liquid or gaseous form.
What is an Indictable Offence?
Indictable offences are serious offences that may be heard on indictment before a judge of the Supreme Court or County Court. Some indictable offences may also be heard summarily (in the Magistrates Court) with the consent of the defence and prosecution.
What Actions Might Constitute an Assault with Intent to Commit an Indictable Offence
A person may be charged with an assault with intent to commit an indictable offence if they:
- Hit a person with the intent of stealing their bag;
- Pull a person to the ground with the intent of raping them;
- Assault a person with the intent to cause them grievous bodily harm.
In each of the above situations, there is a more serious offence that a person could be charged with if their intentions were in fact carried out. A person who assaults a person and then steals their bag could be charged with robbery. A person who pulls another person to the ground and attempts to rape them, could be charged with attempted rape (or with rape if the rape was actually carried out). A person who assaults a person and inflicts grievous bodily harm could be charged with causing grievous bodily harm.
The offence of assault with intent to commit an indictable offence exists to cover the situation where the accused’s intent was not in fact achieved.
A person charged with assault with intent to commit an indictable offence may argue in their defence that:
- They did not intend to commit an indictable offence;
- Their actions were accidental and therefore do not amount to an assault.
Which Court Will Hear Your Matter?
So long as the accused consents, the charge will generally be heard in the Magistrates’ Court of Victoria. If there are other more serious charges or if the accused does not consent to the Magistrates’ Court hearing the matter, the matter can be committed to the County Court of Victoria.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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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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