ACT Criminal Law
National Criminal Law
NSW Criminal Law
QLD Criminal Law
VIC Criminal Law
WA Criminal Law
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."
Cyber bullying (WA)
Cyber bullying is bullying done online or over the phone, using texts, phone calls, instant messages, chat, social media or webpages. In Western Australia there are no specific laws on cyber bullying but the state’s Criminal Code and the Commonwealth Criminal Code contains laws that are relevant to cyber bullying.
Cyber bullying behaviour
Cyber bullying can take many forms, including:
- abusive texts and emails;
- hurtful messages, images or videos;
- imitating, excluding or humiliating others online;
- spreading damaging gossip online;
- creating fake accounts to trick or humiliate someone.
Cyber bullying can have serious consequences. Effects on the victim include anger, embarrassment, fear, loss of confidence, loss of self-esteem and depression. The perpetrator could incur criminal penalties and/or receive a criminal record.
There are several offences listed under the Commonwealth Criminal Code Act 1995 that are relevant to cyber bullying.
Section 474.14 states it is an offence to use a telecommunications network with an intention to commit a serious offence. If a person is convicted, they face a penalty up to the penalty that applies to the serious offence.
Section 474.15 states it is an offence to use a carriage service to make a threat. If a person threatens to kill another person, the maximum penalty is imprisonment for 10 years. If the threat is to cause serious harm to another, the maximum penalty is imprisonment for 7 years. To be guilty of the offence, the person who issues the threat must intend the recipient to fear the threat will be carried out, but it is not necessary to prove the recipient actually feared the threat would be carried out.
Section 474.16 states it is an offence to use a carriage service to make a hoax threat. The offence is committed when a person uses the carriage service to send a communication that intends to induce a false belief that an explosive, or a dangerous or harmful substance or thing, has been or will be left at a place. The maximum penalty is imprisonment for 10 years.
Menace, harass, or cause offence
Section 474.17 states it is an offence to use a carriage service to menace, harass or cause offence. If a person uses a carriage service in a way (whether by the method of use, or the content of a communication or both) that a reasonable person would regard as menacing, harassing or offensive, the maximum penalty is imprisonment for 3 years.
The maximum penalty increases to imprisonment for 5 years is the offence is an aggravated offence. This when the offence involves the “transmission, making available, publication, distribution, advertisement or promotion” of material that is of a private sexual nature.
No definition is provided for what constitutes “menace, harass or cause offence”, but court cases have shown this is determined by community standards and common sense, and the term implies a serious potential effect on the victim’s emotional wellbeing.
Section 474.29A states it is an offence to use a carriage service for suicide-related material. A person commits the offence if they use a carriage service to:
- access material;
- cause material to be transmitted to a person;
- transmit material;
- make material available; publish or otherwise distribute material;
and that material directly or indirectly advises or incites committing to attempting to commit suicide, and the person intends to use the material for this purpose, or intends that it be used by someone else for this purpose. The maximum penalty is 1000 penalty units ($22,000).
There are several offences listed under WA’s Criminal Code Act Compilation Act 1913 that are relevant to cyber bullying.
Section 338E makes stalking an offence, stating a person who “pursues another person with intent to intimidate” that person or another person is guilty of the offence.
It defines “intimidate” as to:
- cause physical or mental harm;
- cause apprehension or fear;
- the prevent a person from doing an act they are lawfully entitled to do, or hinder the person in doing such an act;
- compel the person to do an act they are lawfully entitled to abstain from doing.
It defines “pursue” as to:
- repeatedly communicate with a person, directly or directly, in words or otherwise;
- repeatedly follow the person;
- repeatedly cause the person to receive unsolicited items;
- to watch or beset the person’s home or workplace.
Stalking carries a 3-year jail term. If the stalking involves a weapon or a breach of bail, the offence is aggravated and carries an 8-year jail term.
Section 345 of the Act makes defamation an offence. A person is guilty of the offence if they publish defamatory information about a living person, knowing the information is false or are reckless about whether it is true or false, and they do this intending to cause harm to the person or are reckless about causing harm. The maximum penalty is imprisonment for 3 years.
In WA, cyber bullying can be reported to police or the Office of the eSafety Commissioner. The commissioner can investigate serious cyber bullying and help victims have content removed from the internet.
For advice or representation in any legal matter, please contact Armstrong Lawyers.
Money laundering is an act or acts that conceal the fact that money is the proceeds of crime. In Western…
The offence of blackmail is committed when one person makes a demand on another person for specified property, and that…
In Western Australia, it is illegal to possess, manufacture, grow, use or supply an illicit drug. Drug offences are listed…
201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
91 North Quay
Brisbane QLD 4000
Nishi, 2 Phillip Law Street
Canberra ACT 2601
22 St Georges Terrace Perth