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."
The Defence of Claim of Right
Honest claim of right is a defence to some property offences, such as theft. It involves a genuine belief held by an accused that he or she is entitled to the property he or she has allegedly stolen.
The test for a defence of claim of right
A genuine belief held by a person that they have a bona fide claim to certain money or property is a defence to any crime of which larceny is an element. The defence also extends to any person who takes the property on behalf of another, or in collaboration with another, whom they believe to have a bona fide claim to it.
The Law and The Onus of Proof for A Defence of Claim of Right
The Criminal Code 2002 provides for the defence of claim of right in the ACT. Section 38 provides:
- A person is not criminally responsible for an offence that has a physical element relating to property if
- when carrying out the conduct required for the offence, the person is under a mistaken belief about a proprietary or possessory right; and
- the existence of the right would negate a fault element for any physical element of the offence.
- A person is not criminally responsible for any other offence arising necessarily out of the exercise of a proprietary or possessory right that the person mistakenly believes to exist.
- This section does not negate criminal responsibility for an offence relating to the use of force against a person.
The accused must present evidence that raises the defence). The prosecution must then negate the defence beyond a reasonable doubt.
Principles for A Defence of Claim of Right
The NSW Court of Criminal Appeal summarised the legal principles relating to claim of right, including that:
- the claim must involve a belief about the right to property or money in the hands of another;
- the belief must be honestly held;
- the belief must be one of a legal right to the property not just a moral one.
The claim of right is not confined to the specific property or money and can extend to cases where what is taken is their equivalent in value, such as for safekeeping, or as security for a loan, yet the actual intention was to sell it.
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?
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