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With a cramped time frame, she did in 3 days what another firm dilly-dallied for 7 months. Lisa kept me informed. Helena made me feel comfortable in a sticky situation.

- Client

I will definitely be using your company in the future if needed. Lisa kept me at ease also there were no grey areas with great advice. Helana is a great front of house.

- Client

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

- Client

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.

- Client

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.

- Client

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.

- Client

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.

- Client

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!!!!

- Client

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

- Client

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.

- Client

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.

- Client

"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."

This article was written by Andrew Fraser - Managing Associate - Canberra

Andrew works in the areas of criminal law and traffic law, providing practical advice in all of his clients’ matters. Andrew has, over many years, developed positive working relationships with prosecutors, magistrates and judges. His no-nonsense approach means he has a reputation for putting forward the best case possible for clients. Andrew has won many matters for his clients, including...

Appeals

Appeals are a key component of the legal system. While legal representatives will work to achieve the best outcome the first time around, sometimes it’s necessary to appeal a decision. Appeals can be made against a conviction (a finding of guilt) or against the sentence imposed after a conviction, or against both. This section contains information about the various types of appeals concerning criminal matters.

Appeals In The ACT

When a party files an appeal, they are asking the court to reassess a matter that was dealt with in a lower court, such as the Magistrates Court, or in some cases by another government entity. A party may lodge an appeal for various reasons including:

to seek a more lenient or a harsher sentence;
to overturn a verdict because there was an error of law or an error of fact.

There are different types of appeals an appellant can make:

appeal against the sentence;
appeal against the verdict, which can result in an acquittal or a rehearing of a matter;

The main courts that handle appeals are:

The court hierarchy

To understand how the appeal process works, you must first understand the court hierarchy. An appeal can only be lodged with a higher court. For example, an appellant can appeal a decision of the Magistrates Court to the Supreme Court. The reverse is not possible.

The structure is as follows (from highest court to lowest court):

The Magistrates Court

The Magistrates Court is the lowest court in the ACT. Under its criminal jurisdiction, it deals with summary (more minor and common) offences and certain indictable (more serious) offences that can be tried summarily. Most criminal offences in the ACT are summary offences and therefore will be dealt with by the Magistrates Court.

The Magistrates Court also conducts committal proceedings to determine whether or not indictable offences are to be committed to the Supreme Court. Magistrates Court cases are heard by a single magistrate.

ACT Supreme Court

Unlike other jurisdictions, the ACT does not have a District Court. The ACT Supreme Court deals with indictable offences and hears appeals against sentence or conviction from the Magistrates Court. These are usually heard by a single judge.

ACT Court of Appeal

The Court of Appeal is the ACT’s highest court for criminal matters and operates as a separate division within the Supreme Court.

A person who has been found guilty by a jury (or judge if the trial was by judge alone) or who plead guilty and has been sentenced by a Supreme Court judge can appeal to the Court of Appeal.

There is no absolute right of appeal and, generally speaking, an error needs to be established for the appeal application to be approved by the court.

The High Court of Australia

The High Court is the highest court in the Australian legal system. It interprets Commonwealth legislation and decides cases of special federal importance including challenges to the constitutional validity of laws. The High Court of Australia also hears appeals from the highest courts of each state and territory. However, appeals can only take place if the High Court grants special leave to appeal. If special leave to appeal has been granted, the appeal will be heard by five to seven judges of the High Court.

If you require legal advice about appeals or any other legal matter, please contact Armstrong Legal.

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