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."
Defence of Accident
When a voluntary or intended act has unintended, unexpected or reasonably unforeseeable consequences, the defence of accident is available to an accused person.
While the other Criminal Code jurisdictions (Queensland, Tasmania and the Northern Territory) speak directly of accident or intention and motive, the ACT’s Criminal Code 2002 does not. Rather, it speaks of four fault elements, which are intention, knowledge, recklessness and negligence. Matters can be successfully defended in the ACT where the prosecution cannot prove beyond a reasonable doubt that the accused’s actions were not accidental.
Justice McHugh of the High Court defined accident in Povey v Qantas Airways Ltd (2005) 223 CLR 189, where he said, “Voluntary or intended acts of a person that cause harm to another may constitute an ‘accident’ where the harm was not intended or reasonably foreseeable.”
His Honour noted an earlier judgement of Justice Gibbs, in Kaporonovski v The Queen (1973) 133 CLR 209, where it was said, “It must now be regarded as settled that an event occurs by accident within the meaning of the rule if it was a consequence which was not in fact intended or foreseen by the accused and would not reasonably have been foreseen by an ordinary person.”
The NT Code says specifically, “A person is excused from criminal responsibility for an act, omission or event unless it was intended or foreseen by him as a possible consequence of his conduct.
“A person who does not intend a particular act, omission or event, but foresees it as a possible consequence of his conduct, and that particular act, omission or event occurs, is excused from criminal responsibility for it if, in all the circumstances, including the chance of it occurring and its nature, an ordinary person similarly circumstanced and having such foresight would have proceeded with that conduct.”
Tasmania’s Code says, “No person shall be criminally responsible for an act, unless it is voluntary and intentional; nor, except as hereinafter expressly provided, for an event which occurs by chance.”
Queensland’s Code talks of motive, saying, that, subject to the express provisions of the Code relating to negligent acts and omissions, a person is not criminally responsible for:
- an act or omission that occurs independently of the exercise of the person’s will; or
- an event that:
- the person does not intend or foresee as a possible consequence; and
- an ordinary person would not reasonably foresee as a possible consequence.
Section 9 of the Road Transport (Road Rules) Regulation 2017 provides that it is a defence to an offence against the Regulation if the defendant proves that the offence:
- was the result of an accident; or
- could not have been avoided by any reasonable efforts by the defendant.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
Self-defence is a defence to any violent offence, including murder and manslaughter. If the court accepts that the accused was…
All Code jurisdictions in Australia have a statutory version of the defence of necessity, which is in similar terms to…
The defence of emergency usually applies to cases where people fear that they or someone else will be killed or…
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?
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